DISTANCE SERVICE SALES CONTRACT
1. PARTIES TO THE CONTRACT
This sales contract has been concluded between "Biminto Turizm Taşımacılık Ve Yazılım Sanayi Ticaret Limited Şirketi" (hereinafter referred to as the Agency) located at Terzialiler Mahellesi Cumhuriyet Caddesi No:87 Ortaca/Muğla and the Customer, whose identity information has been filled in online on the relevant web page and whose information has been declared and undertaken to be accurate.
2. SUBJECT
2.1. The subject of this contract covers the rights and obligations of the parties regarding the performance and payment method of the service that the Agency sells to the Customer electronically from its own website www.villasdalyan.com, and the Customer has read and marked the specified qualities and price and approved.
2.2. The service subject to the contract is the accommodation service that allows the Customer to have a holiday in the real estate whose qualities and sales price he has read and marked and approved. The Customer declares that he/she has read and is informed about the scope, characteristics, sales price and payment method of this service and all preliminary information regarding the performance and has given the necessary confirmation electronically. (The real estate subject to the accommodation service will hereinafter be referred to as the "House").
3. APPLICATION
3.1. The Customer will stay in the House marked and between the dates marked on the site.
3.2. The Customer is obliged to pay ... TL as the total accommodation fee. He/she has paid ... TL as the prepayment fee out of this amount to the Agency, and the remaining ... TL amount must be deposited into the bank account specified by the Homeowner before entering the house. Accommodation tax is not included in the prices.
3.3. The amount to be invoiced by the Agency is the amount of the prepayment, which is the reservation facility fee of the Agency, and is ... TL. The responsibility for invoicing the remaining ... TL payment belongs to the Homeowner. 3.4. If the Customer does not pay the remaining payment to the Homeowner upon entering the House, the Homeowner is not obliged to accept the Customer into the House.
3.5. The Agency is not responsible in any way for any loss, damage or theft of valuables of the Customer in the House. Likewise, the Agency is not in a position to be held responsible due to its title and it is not possible to assume responsibility for any technical malfunctions and/or accidents that may occur in the House according to the agreement between the Agency and the Homeowner. Any possible earthquake, fire, flood, natural disaster etc. insurances in the House and taken out by the Owner (Homeowner) do not cover the Customer. It is recommended that the Customer staying in the House take out personal insurances such as life, health and theft insurances.
3.6. The Customer’s entry time to the House is after 16:00 on the day of entry and the exit time from the House is until 10:00 on the day of departure. These time zones may be changed by the Customer, upon the approval of the Host, depending on the availability of the House. Detailed information is available in the relevant link, and in case of a dispute, the hours in the link shall apply.
3.7. A deposit of ... TL is paid to the relevant person or the Host upon entering the House. This payment is returned to the Customer upon exit as is, unless there is any damage. If the damage exceeds the fee stated above, the Host or the Agency reserves the right to request this fee from the Customer.
3.8. Customers who do not sign the contract but participate in the service subject to the contract are deemed to have accepted the contract if they make a reservation. The Customer(s) they have assigned to register on their behalf are deemed to have accepted and committed to the terms of the contract by reading and signing this contract.
3.9. It is forbidden for additional people other than those who are specified by the Customer to stay in the House. If it is determined that more people than the maximum number of people specified in the description of the Home are staying, the Homeowner has the right to evict these people from the Home.
3.10. The Customer may transfer his/her reservation to a third party upon the approval of the Agency before the start of the accommodation date. The New Customer who takes over is jointly and severally liable for the balance and the expenses arising from the transfer together with the Old Customer who takes over.
4. RIGHT OF WITHDRAWAL
4.1. Although it is possible for the Customer to return the service as of the date the withdrawal notification reaches the Agency within the scope of the right of withdrawal arising from the Law No. 6502 on the Protection of Consumers, the Customer knows that he/she cannot use his/her right of withdrawal in cases where the accommodation will start before the end of the withdrawal period and while it is still within this period, and accepts and declares that he/she does not have the right of withdrawal.
4.3. The Customer may use his/her right of withdrawal in writing to the Agency via e-mail at info@villasdalyan.com. If the date on which the notice of withdrawal reaches the Agency falls within the periods for cancellation specified in articles 5.1.5.2. and 5.3., the Customer will not be able to exercise his right of withdrawal, and the procedures will be carried out accordingly, based on the provisions of the said article.
5. CANCELLATION - CHANGE CASES AND PERIODS
5.1. In addition to the right of withdrawal arising from Consumer Protection Law No. 6502, if the Customer cancels their reservation due to unforeseen or undesirable circumstances, they must notify the Agency at least 30 days before the arrival date. In this case, the reservation fee paid to the Agency will not be refunded.
5.2. If the Customer notifies the Agency of cancellation between 15 and 29 days prior to the start date of their stay, they are obligated to pay 50% of the remaining accommodation fee.
5.3. If the Customer notifies the Agency of cancellation between 1 and 14 days prior to the start date of their stay, or if they cancel their holiday without any notice, they are obligated to pay 100% of the remaining accommodation fee.
5.3. If the Customer submits a cancellation notice between 1 and 14 days prior to the start date of their stay, or if they cancel their vacation without giving any notice at all, they are obligated to pay 100% of the remaining accommodation fee.
5.4. The Customer will be refunded if they can provide documentation from a fully equipped state hospital of any serious illness or death that prevents them or their first-degree relatives from vacationing. If they arrive late, check out early, or do not check in at all for any reason other than these, the remaining time will not be refunded.
5.5. The Customer has the right to change the reservation date, subject to availability and the Host’s approval. The Customer has the right to request a change of date up to 30 days prior to the reservation date. If the reservation date is less than 30 days prior to the reservation date, changes are not possible. A processing fee of 300 TRY will be charged for date changes made up to 30 days prior to the reservation date.
OTHER TERMS AND LIABILITIES
6.1. The Agency represents, acknowledges, and undertakes that the Property fully complies with the specifications specified on its website, www.villasdalyan.com, and that the images of the Property are current, unprocessed, and reflect the reality.
6.2. The Agency is the intermediary between the Homeowner and the Client. If there is a problem with the Property, the Homeowner is obligated to resolve the problem. The Homeowner or their Representative is obligated to intervene within 24 hours of the Customer’s notification and resolve the issue as necessary. If the Homeowner or their Representative cannot resolve the problem after 24 hours, the Agency will assist in resolving the issue.
6.3. The Agency may, if deemed necessary, make partial or full changes to or cancel the reservation for the Property it advertises, provided that it also notifies the Customer. If the Customer does not accept these changes or cancellations, the Customer has the right to cancel the reservation and receive a full refund of the payment. In such cases, the Customer will not be entitled to compensation.
6.4. While the Customer is authorized to use all the furnishings and belongings of the Home, they declare and agree to use all furnishings, furniture, and equipment in a clean and hygienic manner. They will immediately notify the Agency of any damage to any property, and they will be responsible for the cost of any damage or loss.
6.5. The Customer represents, acknowledges, and undertakes to be considerate of neighbors in the Home and to refrain from any behavior or noise that may disturb the environment. They also declare, acknowledge, and undertake not to bring any legally prohibited items, such as weapons, drugs, etc., into the Home, and not to use the Home for any illegal activities.
6.6. It is the duty of care of the good-faith Customer to notify the Agency in writing of any complaints the Customer has during the service. Failure to fully utilize the service without notifying the Agency of any complaints will void any rights to compensation, such as replacement service or a refund, related to the complaint.
6.7. The Home is equipped with clean and spare sheets and pillows, and cleaning and disinfection are carried out before the Customer’s arrival. If the Customer requests cleaning and disinfection after check-in, an additional cleaning and disinfection fee will be charged.
6.8. Pets are not allowed in the Home unless otherwise stated.
6.9. Unless otherwise stated, there is no generator/power source at the Home. Furthermore, the Agency is not responsible for any losses incurred by the Customer due to regional power and water outages due to inadequate infrastructure, and no refunds will be issued in such cases.
7. INFORMATION AND NOTIFICATIONS
7.1. The Customer, who makes an online reservation for accommodation at the Home through the website www.villasdalyan.com, acknowledges and undertakes that the information provided is accurate and complete.