1.PARTIES
KAZDAĞI ÇİFTLİK GURME E-COMMERCE MARKETING LTD. ŞTİ. (Aqua Nina Resort Hotel) hereinafter referred to as “HOTEL”. By using the Online Reservation Module, the person / persons who come to the Hotel and purchase accommodation services will hereinafter be referred to as “CUSTOMER”. It accepts to comply with the rules below.
2. SUBJECT MATTER OF THE CONTRACT AND SCOPE OF SERVICE
The scope of the services and services purchased by the Customer is stated in the voucher (hotel check-in document) and brochure delivered to the Customer together with these sales rules.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
- The CUSTOMER acknowledges that he/she has read the brochure containing the qualifications of the service purchased.
- The CUSTOMER accepts that he/she accepts these accommodation sales rules on behalf of other persons who will participate in the trip with him/her and that he/she is obliged to provide the correct information such as name, surname, passport number or TR identity number, credit card, etc., that he/she is obliged and responsible for informing other participants about the preliminary information and the scope of the brochure, and that the brochure given to him/her is deemed to have been given to the participants. In any dispute arising within this scope, the customer, who is a party to the contract, irrevocably accepts, declares and undertakes that he/she is legally responsible.
- The CUSTOMER accepts that he/she is responsible for all kinds of baggage and its contents; that he/she is obliged to follow and control the items he/she has with him/her; that the HOTEL and/or its employees have no legal and/or criminal responsibility for lost, stolen or lost items; and that he/she will not make any claims against the HOTEL and/or its employees for the aforementioned reasons.
- With his/her signature, the Customer accepts that he/she is obliged to comply with the laws and customs that the facility where he/she will stay is subject to; that he/she will comply with the rules notified by the facility authorities regarding the service purchased, that he/she will not endanger the life and property safety/integrity of third parties and that he/she will be personally and primarily responsible for all material/spiritual, legal/punitive damages that may arise in case of endangering the life and property safety/integrity of third parties, otherwise the HOTEL will not perform the service in question and therefore the Customer has no right of return.
- The CUSTOMER agrees that the cost of extra food and beverage, personal expenses and all goods and services outside the scope of the accommodation service purchased by the CUSTOMER shall be paid by the CUSTOMER.
- In the event that he/she terminates the use of the service on the grounds that the service performed is defective, he/she agrees that he/she will notify the HOTEL official and the hotel where he/she stays in writing of the reasons for termination in accordance with the obligation to cooperate and act diligently, otherwise he/she will be deemed to have received and used the service.
- In cases such as the Customer’s fault, unexpected and unforeseeable behavior of a third party, force majeure (adverse weather conditions, road blockage, strike, terrorism, fog, fog, possibility of war, unforeseeable technical issues, etc.), the Customer’s right to compensation shall not arise in the event that an unforeseeable and unpreventable event occurs even though the HOTEL/agency/independent service provider has taken all due care.
- In the event that the bank or financial institution fails to pay the service fee to the HOTEL due to the unauthorized and unlawful use of the credit card used by the CUSTOMER to pay the accommodation fee after the performance of the service subject to this agreement, the CUSTOMER shall be liable for the service fee and all kinds of damages together with the legal interest to be accrued from the date of reservation.
- In the event that the HOTEL unjustifiably ceases to provide the service, the HOTEL shall refund all payments made by the Customer up to that date to the Customer within 14 days.
- In the event that the Customer notifies in writing or through a permanent data storage device 30 days prior to the commencement of the service that he/she declines to use the accommodation service he/she has purchased, he/she will be refunded the full amount paid, excluding the costs arising from taxes, fees and similar legal obligations that must be paid.
- The CUSTOMER agrees to pay 35% of the price he/she has paid to the HOTEL if he/she notifies in writing or through a permanent data storage device 29-15 days before the start of the service that he/she has given up using the accommodation service he/she has purchased, or in full if less than 14 days before the start of the service. However, the service received with the NON-REFUNDABLE PAYMENT option given to the Customer at a discount during the sale cannot be refunded.
- Date change requests made by the CUSTOMER shall constitute a withdrawal and shall be notified by the CUSTOMER in writing, taking into account the periods specified above.
- With this agreement, the Customer hereby accepts, declares and undertakes that if the Customer makes/wants to make a change for any reason in the reservation during the period when the special discount is applied (early booking period, etc.), the new reservation will be made according to the price lists applied during the date of the new reservation. The Customer agrees that special discounts will not be valid for reservation changes made outside the periods for which special discounts are applied during registration.
- The Hotel will respond to the Customer’s request for a change within the period according to the availability of the hotel.
- Age discount, discount for children will be applied if they stay in the same room with their parents (adult). The age of the child/children to be accommodated as declared by the Customer during the reservation registration according to this agreement will be taken into account in the registration procedures to be carried out during check-in at the hotel. In order to determine the age of the child/children, the hotel staff may request the presentation of the child/children’s identity card upon check-in. In this case, the Customer will present the child’s ID card. In the event that the age of the child declared at the reservation stage and the age of the child in the identity records are different, the necessary changes will be made in the reservation and the Customer has accepted, declared and undertaken to cover the difference in the fee arising from this.
- The exception to this article is the written submission of the Customer or first degree relatives of the Customer before the commencement of the service of a report indicating the ailments / deaths of the Customer or his first degree relatives that do not exist at the time of the reservation, which prevent the Customer’s 10-day habitual occupation, and documents related to other situations that the Customer could not foresee despite all due diligence, and in such a case, the amount paid will be refunded to the Customer within 14 days without deduction, except for the costs arising from compulsory taxes, fees and similar legal obligations and documentable and non-refundable amounts paid to third parties.
- The CUSTOMER may transfer the service to a third party who fulfills the conditions of the service by notifying in writing or through a permanent data storage device up to 7 days prior to the start of the service. The transferee is responsible for the balance and all expenses arising from the transfer together with the transferor.
In the event that the CUSTOMER does not notify in writing that he/she will participate in the service that he/she missed the start of, the HOTEL has the right to cancel all reservations and services made on behalf of the CUSTOMER after 24 hours. In such cases, no refund will be made to the CUSTOMER. - If the CUSTOMER notifies that he/she will participate in the service again within 24 hours from the start of the service, he/she may benefit from the service.
- The HOTEL may partially or completely cancel the tours announced or booked before the start of the service, provided that the Client is notified. In such a case, the service fee paid by the Customer will be paid within 14 days.
- Since contact information such as address, telephone, e-mail shared by the CUSTOMER during the purchase phase will be used for notifications, the responsibility for not notifying changes in contact information belongs to the Customer. For this reason, the CUSTOMER irrevocably accepts, declares and undertakes that he/she is solely responsible for any dispute that may arise.
- In the event that the Customer is a minor; Depending on the rules of the accommodation facility, it may result that he / she cannot benefit from the service without his / her parent or legal guardianship, and when such a situation develops, the cancellation conditions written in this document will come into effect.
- The Customer agrees that he/she will settle in the room at 14:00 at the earliest on the day of check-in, regardless of the time of arrival, and will check out of the room at 12:00 at the latest, regardless of the time of check-out, and that he/she will pay for the additional service to be provided to him/her after checking out of the room.
- If the customer behaves in a manner that disrupts the hotel order, the hotel has the right to ask the guest to leave the hotel without refund.
4. SPECIAL CONDITIONS
In accordance with the agreement between the HOTEL and the AGENCY, in cases where the CUSTOMER makes the payment by credit card, he/she will see KAZDAĞI ÇİFTLİK GURME E-TICARET PAZARLAMA LTD. ŞTİ. detail in the bank statement. The transaction made through this trade name is related to the service received by the Customer. If there is a contract previously signed between the parties and covering the same services, it will automatically become null and void with the signing of this contract and the last dated contract will become valid.
5. DURATION OF THE CONTRACT
The term of this contract starts from the date of signing and ends with the performance of the service. The contract becomes effective upon signing.
6. EVIDENCE AGREEMENT
Under all circumstances, it is agreed between the parties that the electronic and system records, commercial records, book records and computer records kept by the Hotel in its own database shall constitute binding, conclusive and exclusive evidence in accordance with Article 193 of the CCP.
7. CHANGE OF CONTRACT
From the moment of the signature of this agreement, none of the parties may request the amendment or modification of any provision of this agreement, provided that it is not separately authorized in this agreement. Any amendment of the agreement shall be made in writing upon the agreement of the parties, and the parties shall not claim that some of the provisions of the agreement have been tacitly amended due to the lack of objection to the practices actually occurring.
8. NOTICE
The addresses of the parties specified in Article 1 of this Agreement are accepted as the addresses for all kinds of notifications to be made due to the Agreement. The party whose address has changed is obliged to notify the other party in writing of its new address within 3 days, otherwise the notification made to the old address shall be valid. Any notification to be made due to this Agreement shall not be effective unless in writing.
9. DISPUTE AND JURISDICTION
It has been agreed that the Turkish Legal System and the Courts and Enforcement Offices of Balıkesir shall have jurisdiction for the resolution of disputes arising from this Agreement.
10. CANCELLATION AND REFUND CONDITIONS
If the consumer cancels the service at least 30 days prior to its commencement, the amount paid shall be refunded to the consumer, excluding any expenses arising from mandatory taxes, duties, and similar legal obligations, as well as amounts paid to third parties that are documented and non-refundable. If the cancellation is made by the consumer between 29 and 15 days before the start of the service, the consumer agrees, declares, and undertakes to pay 35% of the reservation fee to KAZDAĞI ÇİFTLİK GURME E-TİCARET PAZARLAMA LTD. ŞTİ. For cancellations made less than 14 days prior to the service, the entire reservation fee shall be paid by the consumer to KAZDAĞI ÇİFTLİK GURME E-TİCARET PAZARLAMA LTD. ŞTİ.
If the consumer requests a change in the service, and such change is deemed suitable by KAZDAĞI ÇİFTLİK GURME E-TİCARET PAZARLAMA LTD. ŞTİ., the consumer is obliged to immediately pay the difference between the price of the previously booked service and the newly requested service upon approval of the change. However, if the price of the new service is lower than that of the original service, KAZDAĞI ÇİFTLİK GURME E-TİCARET PAZARLAMA LTD. ŞTİ. shall refund the difference to the consumer.