Distant Sales Agreement
ARTICLE 1: THE PARTIES
An Accommodation Sales Agreement, in connection with reservation and accommodation services, within the framework of the conditions set out below, has been entered into, between on the one hand Bodrum Otel İşletmeleri Anonim Şirketi, the business address of which is Huzur Mahallesi, Maslak ayazağa Cad., No: 4 B, Sarıyer / Istanbul (will be referred to in short as “Duja” in this hereby agreement) and on the other the consumer(s) whose details are set out below.
ARTICLE 2: SUBJECT
The subject of this hereby agreement covers the mutual rights and obligations of the parties in accordance with the Legislation Concerning Consumer Protection numbered 6502 and the provisions of the Regulations Governing Distant Agreements, in connection with the Hotel Accommodation Sales services, the specifications, sales price and conditions of which are set out below, and which have been sold by Duja to the consumer in the electronic environment, via the website https://www.dujahotels.com
ARTICLE 3: AGREEMENT PRICE AND PAYMENT TERMS
3.1. The consumer will pay the Agreement price to Duja by credit card, via the website belonging to Duja, or transfer the money by electronic or bank transfer to the bank accounts stated by Duja.
3.2. All of the services which are included in the price of the accommodation are described clearly on the website and in the Reservation Document, and any services outside of these are subject to extra fees. In particular, the service which has been acquired, does not include the extra food and beverages purchased by the consumer, other than those included in the accommodation services, personal expenses, transport and all other goods and services which are not included in the scope of the accommodation as describes on the website and in the Reservation Document.
3.3. The consumer is required to pay a minimum of 35% of the agreement price at time of reservation, and the balance a maximum of 15 days prior to the start of the service. In the event that the check-in date at the hotel is 7 days or less after the date of reservation, full payment must be made at the time of reservation. For sales of accommodation with an early reservation, promotional or special campaign, the full amount of the agreement price must be paid on the date of the reservation. Should the consumer fail to make the said payments within the specified time frames, the reservation will be cancelled and the Consumer will be invoiced 35% of the service fee as compensation for withdrawing from the agreement. Furthermore, as the amount collected as a prepayment, is collected as a security deposit, it cannot be refunded.
3.4. Where the consumer has paid the agreement fee by credit card, he/she also agrees and undertakes to pay an additional amount of interest, late payment charge and exchange difference, which is to be calculated and notified by Duja.
ARTICLE 4: CANCELLATIONS, ASSIGNMENTS AND CHANGE
4.1. Contact should be made with the Assistance line (+90 252 440 00 09) or a justified reason sent in writing and / or via a permanent data storage device, to email@example.com e-mail address, in the event of any cancellations or changes to reservations.
4.2. The following rules will be implemented for cancellations and changes:
a. The full amount of the fee will be refunded in the event that the consumer requests a cancellation or change up to 15 days before their date of check-in at the resort. The consumer will be liable for any cancellations and changes made between 15-7 days prior to the date of their check-in at the resort and the full amount of the total agreement price for any changes made less than 7 days prior to the date of their check-in at the resort, in circumstances other than where they are able to document the death of or an illness to the respective consumer or immediate family member thereof, which will prevent them taking up the accommodation for 10 days, with an official report, and the consumer hereby agrees and undertakes to pay these amounts to Duja..
b. Whether the consumer wish to cancel or make any changes to the discounted product he/she has purchased during an early reservation period, for any reason, he/she agrees and undertakes to pay Duja 35% of the total fee for cancellations and changes made up to 7 days prior to the date of check-in at the resort and the full amount of the accommodation fee where cancellations and changes are made less than 7 days prior to the date of check-in at the resort.
c. Whether the consumer wish to change the dates to the discounted product he/she has purchased during an early reservation period, for any reason, he/she agrees that the reservation will be changed at a non-discounted list price, which is valid for the date he/she has requested.
d. The manner of accommodation and conditions set out in this hereby agreement and in the reservation will remain valid unless the consumer notifies any changes he/she wishes to make to the reservation, for which he/she has made a pre-payment, a maximum of 7 days prior to the date of check-in at the resort, in writing.
e. Whether the consumer notify in writing that he/she is unable to travel to / reach the resort where he/she was to be accommodated, Duja will have the right to cancel all reservations in the name of the consumer 24 hours after the start date of these reservations. No refunds will be made to the consumer in the event of such cancellations.
f. Duja is obliged to fulfil the order of the consumer within the period of time it has guaranteed, from the moment the said order has reached it. The consumer will have the right to terminate the agreement in the event that Duja fails to fulfil this obligation. Where the agreement has been terminated in this way, Duja will have an obligation to refund all of the payments which have been collected within fourteen days of the date the termination notice has reached it, together with any legal interest accruing thereon, as well as any other valuable and other similar documents (if any) which bind the consumer in this respect.
g. Where it has become impossible to perform the services which are the subject of the order, Duja is required to notify the consumer in writing or through a permanent data storage device, within three days from the date it has become aware of this, and refund all of the payments which have been collected within a maximum of fourteen days from the date of the said notification.
h. Duja is required to refund all payments made by the consumer until the date of termination, in the event that Duja has terminated the agreement without justified reason.
4.3. Any requests by the consumer for changes in his/her reservation, other than the change of dates, will be evaluated by Duja, subject to these being notified to Duja a minimum of 7 days prior to the date of check-in of the consumer. Duja will evaluate these change requests in line with its capabilities and the consumer may not make any objections to Duja or hold Duja responsible for any requests which have not been met.
4.4. The consumer accepts and undertakes that he/she is responsible for and will pay the full amount of the agreement price, in the event that he/she leaves the hotel early.
4.5. Any refunds for payments which have been made will only be made to the credit card or bank account which was used during the reservation.
ARTICLE 5: OTHER PROVISIONS
5.1. Details concerning the accommodation, which is the subject of this hereby agreement, have been examined and assessed by the Consumer, from the Duja website. The accommodation price and manner of payment can be seen by the Consumer on the website, before the reservation is completed, and the consumer is able to select any one of the forms of payment he/she desires. The consumer will enter his/her credit card details on to the system in order to complete his/her payment. The system in which the credit card details are to be entered is secured by an international software and it is not possible for the information to be seen or copied in any way. However, in the event that the consumer passwords and details are accessed by third parties as a result of any software, such as viruses, etc. present on the computer of the consumer, or due to any other neglect of the consumer, and any resulting losses incurred by the consumer as a result, Duja cannot be held responsible for this, will not have any obligation to pay any penalties or damages and will further have the right to take recourse against the consumer for any losses it incurs in connection with this.
5.2. It is Consumer’s duty of care, to notify any matters he/she wishes to complain about, during the provision of the services and in writing, to the relevant authorised representatives. Should the Consumer fail to give notice of any complaints and continue to use the services until the end, this will void any rights the consumer might have for compensation, such as the provision of replacement services and the refund of fees.
5.3. Even in the event that the consumer has not been able to sign this hotel reservation agreement for any reason, having paid for it via mail order, online pos device, bank or electronic transfer, he/she will be deemed to have been made aware of the terms of this hereby agreement, which will be in effect between the parties, through a catalogue, the website or advertisements, and to have undertaken this hereby hotel reservation agreement under the terms set out in the agreement.
5.4. The Consumer undertakes that he/she has read and signed this agreement after having obtained all types of information concerning the hotel which is named in the hotel, and which is the subject of the hotel reservation in this hereby signed agreement, from the Duja website and examined all of the said information.
5.5. The accommodation fee will not be refunded in the event that the consumer fails to check-in to the hotel without having cancelled his/her reservation. The fees for the periods where the accommodation services have not been used can be refunded, in the event that circumstances of force majeure, such as death, illness or accidents are documented. Any amounts remaining for periods where the accommodation services have not been received, such as late check-in or early check-out, for any reasons other than those cited above, will not be refunded.
5.6. Identity and age checks are carried out when checking-in to the resort. Should there be a difference to pay as a result of incorrect or deficient declarations, the said amount will be collected during check-in to the hotel.
5.7. The dates of accommodation, the names of the individuals who are to stay at the resort and the type of resort – room where the accommodation is to take place are set out clearly in the presentation page on the Duja website and the reservation records completed by the consumer, which are annexed to and an integral part of this hereby agreement.
5.8. The consumer will stay at the resort between the dates set out in the reservation. The period of accommodation may only be extended outside these dates in the event that the resort has availability and payment for the said extension request has been made to Duja.
5.9. Duja cannot be held responsible for any losses and / or damage to any valuables of the consumer at the accommodation resort.
5.10. The consumer(s) accept, declare and undertake in advance that, irrespective of what time they arrive at the hotel, it will only be possible for them to check-in to their rooms at 14:00, at the earliest and irrespective of what time they are due to leave, they will vacate their rooms by 12:00 on the date of check-out, and further that they will be responsible for paying the fees for any extra food and beverages and other services not included in the system, which they acquire at the resort.
5.11. Any consumer(s) who has participated in the services which are the subject of the agreement, but has not signed the agreement in person, will be deemed to have accepted and undertaken the provisions of the agreement once the person they have authorised to make the reservation in their name has read and signed the agreement. Duja reserves the right to take recourse against other consumers for the collection of any fees paid in excess or service fees it has paid to the persons who have signed the agreement.
5.12. The consumer accepts and declares that he/she has received, read and become aware of the characteristics of the product / service, sales price, manner of payment, performance and all other preliminary information concerning the product / service which is the subject of the agreement. Duja will have a responsibility to the consumer in the event that the service which is the subject of the agreement is defective or deficient.
5.13. Invoices will be sent to the address stated in the invoice address section when making the reservation. In the event that the invoice address section has been left blank, the invoice will be sent to the address set out in the contact details. Duja cannot be held responsible for any failure to deliver the invoice as a result of the provision of an incorrect address, the person who the invoice is to be addressed to not being stated or the said person not being found at the stated address.
5.14. Children’s discounts are only valid in the event that the said children stay in the same room as their parents. The number of children declared by the consumer in the reservations for families with children will be taken into account. However, in the event that the age of the child is determined to be different than the age declared during the reservation, at the time of check-in, when the resort official checks the identity of the child, any price difference which may be due as a result will be paid to Duja and the necessary changes will be made.
5.15. Unfavourable weather or road conditions, acts of terror, strikes – lockouts, the possibility of war, flooding, fires, unpredictable technical matters, etc. will be deemed to be circumstances of force majeure. Duja may cancel the accommodation or may change the reservation to another accommodation resort of the same category and same characteristics, in the same or a different region, in the event that the accommodation did not begin or there are circumstances which prevent the continuation of the accommodation, as a result of such circumstances. The consumer will not have any right to claim any compensation under such circumstances.
5.16. Where accommodation services have been advertised and sold with artists, such as official holidays and New Year’s Eve, and circumstances (such as the stated artist falling ill) develop outside the control of the hotel, Duja reserves the right to change the advertised artist.
5.17. The Hotel Reservation / Registration document is annexed to and an integral part of this hereby agreement and is binding on the parties.
ARTICLE 6: COMPETENT COURT
The provisions of the Legislation Concerning Consumer Protection numbered 6502 and those of the related Regulations will take precedence in the resolution of any disputes arising from the implementation of this hereby accommodation agreement. The parties may make applications to the Consumer Courts and / or the Arbitration Committee for Consumer Issues, within the legal boundaries. The courts and enforcement offices which are authorised to resolve disputes are the Istanbul (Çağlayan) Courts and Enforcement Offices.
The Consumer accepts and declares that he/she has obtained a copy of all of the information written in the information page of the website and the registration (reservation) document concerning the specifications of the services which are the subject of the agreement and the sales price, manner of payment and performance thereof, in the electronic environment, read and become aware of these, and provided the required confirmation in the electronic environment.