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Distant Sales Agreement

DISTANCE RESERVATION AGREEMENT PRELIMINARY INFORMATION FORM

1. INTRODUCTION

Regarding to the services purchased by the BUYER, the subject of this Distance Reservation Contract Preliminary Information Form (“Preliminary Information Form”); is to determine the rights and obligations of the Parties in accordance with the provisions of the Law on the Protection of the Consumer No. 6502 and the Regulation on Distance Contracts No. 29188 of 27.11.2014. By accepting this Preliminary Information Form, the BUYER accepts, declares and undertakes that if s/he approves the service subject to the distance reservation agreement, s/he will be under the obligation to pay the service fee and additional fees, if any, in accordance with the principles specified in this Preliminary Information Form.

2. INFORMATION

2.1. INFORMATION OF SELLER

Name/Title : Depot Konaklama Hizmetleri A.Ş.

Tax Office :

Tax Number

MERSİS Number

Address : Harbiye Mah. Kadırgalar Cad. No.6/3 Şişli/İstanbul

Phone : Fax : 

E-mail : Web :

 

2.2. INFORMATION OF BUYER

Name : 

Surname :

T.R. ID Number :

Invoice Address

Phone :  

E-mail :

The BUYER, whose information is given above and requesting to benefit from the services offered by the SELLER, knows that the e-mail address declared by the BUYER will be considered as a valid notification address for any notification to be made by the SELLER, and any notification sent to the specified e-mail address will produce all legal consequences of a legally valid notification.

3. FUNDAMENTAL FEATURES OF THE SERVICE SUBJECT TO THE AGREEMENT AND THE PRICE INCLUDING TAXES

The prices stated below constitute the total accommodation costs including the taxes to be paid by the BUYER regarding the service and the reservation price to be paid within the scope of the distance reservation contract. The service subject to the contract consists of accommodation service to be provided at the location with the information below. The BUYER accepts, declares and undertakes that s/he will pay the reservation price with the establishment of the distance reservation contract, but that s/he is obliged to pay the entire Accommodation Fee at the time of entry to the Location in order to benefit from the service subject to the contract.

The qualifications, sales price and payment terms of the service subject to the contract are stated on the www.thestay.com.tr website (“Website”) and in the table below.

Hotel Name/Location Information:

 

Room Details:

 

Accommodation Start Date:

 

Accommodation End Date:

 

Accommodation Total Sales Price (total amount including VAT):

 

Reservation Price (total amount including VAT):

 

Billing address:

 

 

4. GENERAL CONDITIONS

This Preliminary Information Form is related to the location reservation rules and the reservation conditions and prices to be applied as of the reservation date, the BUYER's obligations regarding the remaining accommodation fee shall remain. The BUYER knows that s/he is obliged to comply with the rules determined by the SELLER from the moment s/he enters the Location and s/he can have the paid services and rights offered by the Location upon payment of the related fee.

4.1. The service will be performed at the hotel located in the above-mentioned Location that the BUYER has selected through the Website.

4.2. The guest/BUYER information entered during the reservation must be the same as the persons who will benefit from the service at the Location. The BUYER is responsible for entering the correct and up-to-date information into the reservation system.

4.3. The BUYER is liable for the losses incurred in the event that the relevant bank or financial institution fails to pay the service fee to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons after the performance of the service.

4.4. The BUYER has to share with the SELLER the information that s/he will not be able to check in to the hotel on the Service Start Date or that s/he will check in late. Otherwise, the SELLER has the right to cancel the BUYER's reservation. In addition, no refund shall be effected by the SELLER in such cases.

4.5. No refunds will be made for any cancellations or changes on the Service Start Date and after this date.

4.6. In the event that the BUYER leaves the hotel before the End Date of the Service, no refund will be made for the days s/he did not stay.

4.7. The check-in time to the Location for the Service's Start Date is 15.00 PM, and the check-out time from the Location on the Service's End Date is 12.00 AM.

4.8. Different prices may be applied for guests between the ages of 0-18 on the basis of location. Children (0-18 years old) are not accepted at the SELLER's hotels located in Bebek/İstanbul and Alaçatı/Çeşme. The BUYER accepts that the SELLER can perform identity card/passport control on the Service Start Date. The SELLER has the right to request the price difference from the BUYER if age difference is detected in the information given at the time of booking for the child guests. If the price difference is not paid by the BUYER, the SELLER has the right to cancel the contract.

4.9. The SELLER may accept the BUYER's room type changes and requests to add guests to the reservation, when SELLER wishes so. In this case, the campaign and payment conditions of the reservation are updated according to the conditions of the day the change is made.

4.10. The SELLER shall not be liable for the pecuniary and non-pecuniary losses arising due the reasons such as the vehicles not being at the departure point at the time shown in the program within the scope of the agreements made by the BUYER with 3rd parties, any delays, breakdowns of land, air and sea vehicles, fog, storm and all kinds of weather conditions, road obstructions and changes in the road routes, damages arising from strikes, terrorism, war, possibility of war or similar force majeure or unforeseen technical defects.

4.11. The BUYER accepts that s/he is the holder of the credit card that s/he has declared for the collection of the Service Fees subject to the Contract; accepts that s/he is exclusively responsible for the requests from the holder of the credit card in the event that s/he is not the holder of the credit card.

4.12. The SELLER may unilaterally change the conditions regarding the use of the service by posting it on the Website at its own discretion, provided that it does not contradict the provisions of the current legislation.

4.13. The SELLER is not responsible for price and content errors arising from typesetting and system errors that may occur on the Website.

4.14. In case of impossibility of fulfilling the purchased service; natural disasters, wars, fires, decisions taken by the government and those which make impossible to fulfill the purchased service partially or completely, temporarily or permanently that stop the working possibilities of the SELLER or the Location from which the service will be obtained and unforeseen circumstances that occur outside the control of the SELLER; the SELLER will notify the BUYER of this situation and, if the relevant fees have been paid by the BUYER, the price paid for the periods in which the service could not be provided, will be refunded to the BUYER.

4.15. The BUYER cannot transfer or assign its rights and obligations arising from this Agreement to third parties. The BUYER is obliged to ensure that the service subject to the Contract is used in person or by third parties who will benefit from the service in accordance with their choice.

4.16. The BUYER is obliged to inform the third parties who will benefit from the service about the rights and obligations mentioned in this Agreement and to ensure that these conditions are complied with by the relevant person; otherwise, the BUYER accepts, declares and undertakes that the SELLER cannot be held responsible.

4.17. In case the BUYER pays the reservation fee in installments by credit card, the installment form chosen from the Website shall be the valid. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the contract between the bank and the BUYER. The BUYER can also track the number of installments and payments from the bank statement sent by the bank.

4.18. In the event that the BUYER defaults in paying its debt as a result of the transactions made with the credit card, the BUYER shall pay interest within the framework of the credit card agreement made with the bank itself and shall be liable to the relevant bank. If the BUYER is in default in paying the debt, s/he will be responsible for the loss and damage incurred by the SELLER due to the delayed fulfillment of the debt.

4.19. The BUYER has read and learned the preliminary information about the basic features of the service subject to the Contract, the sales price including all taxes, the reservation price and the payment method and that the costs thereto will be borne by the BUYER, and the full trade name, full address and contact information of the SELLER on the Website, and BUYER declares that s/he has submitted the necessary confirmation in electronic environment.

4.20. BUYER; by confirming this Agreement electronically, before the conclusion of the distance contracts, confirms that s/he obtained the address, telephone number and similar contact information that must be given to the Consumer by the SELLER, the basic features of the services s/he wants to benefit from, the price of the services including taxes, payment information and the SELLER's solution methods related to the complaints and her/his right to withdrawal.

4.21. Responsibility cannot be attributed to the SELLER regarding the loss, theft claims and demands that may occur in the rooms, the BUYER will be personally responsible for the storage and preservation of her/his belongings; in line with all these reasons, the BUYER accepts, declares and undertakes that s/he cannot be held responsible the SELLER for any loss and damage that may occur in case of violation of this article.

4.22. The SELLER, at its sole discretion, will be able to make various campaigns on the Website for the BUYERS at various times, the conditions of which are to be determined by the SELLER.

4.24. The SELLER reserves the right to cease, update and alter the campaign conditions at any time in relation to the campaigns announced on the website. The BUYER is required to review the campaign conditions before each purchase to be made from the Website.

4.25. In order to benefit from the service subject to the contract, the entire cost of accommodation must be paid in the form of payment preferred by the BUYER. If the BUYER does not pay the full amount of the accommodation subject to the contract, if the payment is not made for any reason, or when the payment made by the BUYER is canceled in the bank records or if the service fee is not paid to the BUYER due to the expenditure objection before the performance of the service and/or if it is taken back from the BUYER, the SELLER shall be deemed to have been relieved from the performance thereto. The BUYER accepts, declares and undertakes that the SELLER has no responsibility for the payments made to the SELLER by the bank and/or financial institution, for which a failure code is sent by the bank and/or financial institution for any reason.

4.26. The BUYER declares and undertakes that the personal and other information provided when requesting to benefit from the service is truthful, and that the SELLER will immediately be indemnified for all damages, in cash and in advance, upon the SELLER's first notification, due to the incorrectness of this information.

4.27. The BUYER accepts and undertakes in advance to comply with the provisions of the legal legislation and not to violate them while using the SELLER's Website. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.

4.28. The BUYER is not permitted to use the SELLER's Website in a manner disrupting public order, violating general morality, disturbing and harassing others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the SELLER cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

4.29. Links to other websites and/or other content that are not under the control of the SELLER; and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person who operates that site and do not constitute any guarantee for the information contained in the linked website.

4.30. BUYER; will act in accordance with the conditions, rules and regulations of the location/hotel where the purchased service will be performed, will not make any excessive movements within the hotel, and will not harm the environment and third parties. Otherwise, the burden of compensating all material and moral responsibilities and damages belongs to the BUYER; in this case, the SELLER reserves the right to terminate the service immediately.

5. EXCEPTION TO THE RIGHT OF WITHDRAWAL

The services to be provided by the SELLER within the scope of this Agreement are evaluated within the scope of "Exception of Right of Withdrawal" in accordance with 15.1.g. of the Regulation on Distance Contracts No. 29188 published on the Official Gazette dated 27 November 2014 " "Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for the purpose of entertainment or rest, which must be made on a certain date or period"; and for the contracts included set out here the BUYER shall not be eligible to benefit from the right of withdrawal from the contracts.

6. RESOLUTION OF DISPUTES

Responsibility for the service sold within the scope of the Law and the Regulation on Distance Contracts belong to SELLER. However, the BUYER will be able to directly convey his/her complaints about the purchased service to the SELLER.

In case of disputes arising from the application of this Distance Reservation Agreement Preliminary Information Form; within the monetary limits determined by the Ministry of Customs and Trade every year, Provincial or District Arbitration Committees for Consumer Problems in the place where the BUYER purchases services or resides are authorized and Consumer Courts are authorized for disputes over the said value.

After this Preliminary Information Form is read and accepted by the BUYER electronically, the distance reservation contract will be established.

The Buyer accepts, declares and undertakes that s/he has read and accepted all the matters specified in the Preliminary Information Form and has no objections and knows that the request to benefit from the service subject to this Preliminary Information Form will create a payment obligation.

DEPOT KONAKLAMA HİZMETLERİ A.Ş.

 

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