PARTIES
ACCOMMODATION SALES AGREEMENT
This agreement is concluded between GÜRAY GAYRİMENKUL GELİŞTİRME İNŞAAT A.Ş., located at Koza Mahallesi 1655 Sok No :3, 34535 Esenyurt, İstanbul Türkiye (hereinafter referred to as “HOTEL”), on one side, and the person who provides and confirms their personal information via telephone (hereinafter referred to as “CUSTOMER”), on the other side, under the following terms and conditions.
The HOTEL and the CUSTOMER will be referred to separately as “Party” and together as “Parties”.
SUBJECT OF THE AGREEMENT, SERVICE AND DURATION
This Distance Sales Agreement (hereinafter referred to as the “Agreement”) has been prepared in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. The Parties to this Agreement acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts under this Agreement.The subject of this Agreement is the purchase by the CUSTOMER of the accommodation service that the HOTEL is obliged to provide on the specified dates, and consists of the regulation of the general provisions regarding the services and the mutual rights and obligations of the Parties within this scope.Within the framework of the provisions in this Agreement, the HOTEL and the CUSTOMER agree and undertake to provide the services described below mutually (each separately and individually referred to as “Service”, together as “Services”). The CUSTOMER agrees to use the accommodation determined by the HOTEL. The user acknowledges and declares that they have been informed about the rules, reservation rules and tariffs and will comply with them.
This Agreement shall enter into force on the date the SERVICE is purchased and shall terminate automatically without any notice upon the expiration of the SERVICE period. In case of dispute, this agreement shall remain valid until the final resolution of the dispute.
ABOUT THE HOTEL
Located at Koza Mahallesi 1655 Sok No :3, it provides services in a hotel concept.
PAYMENT, PAYMENT METHOD AND BILLING
The total fee for the SERVICE to be provided by the HOTEL to the CUSTOMER under this Agreement includes VAT.
At the time of concluding this Agreement, it will be deemed that the CUSTOMER has authorized the HOTEL to collect the SERVICE fee using the credit card information provided. Payment will be made securely using the CUSTOMER’s credit card information entered through the system. The HOTEL guarantees that the CUSTOMER’s credit card information is not stored, copied, or copied, that security systems are in place to prevent copying, and that the CUSTOMER’s information will not be shared with third parties.
The CUSTOMER is obliged to present the reservation document and the original or a photocopy of the front of the credit card when checking into the HOTEL.
The HOTEL will not accept responsibility for problems arising from other situations.
After payment is made, reservation documents will be sent to the email address provided by the CUSTOMER upon request.
The CUSTOMER will receive their invoice for the SERVICE upon departure from the HOTEL. If the CUSTOMER does not receive their invoice, they can contact the HOTEL to have it sent to an address they have provided. The HOTEL will not accept responsibility for the invoice not being received due to incorrect address, the CUSTOMER not being present at the address, or the recipient not being specified.
ACCOMMODATION TYPE
Every person staying at the HOTEL is required to present their identification information. The SERVICE information purchased by the CUSTOMER will be checked against their identity during check-in. The CUSTOMER hereby accepts, declares, and undertakes to pay any extra charges arising from providing incorrect information.
Check-in time at the HOTEL is 14:00. Even if the CUSTOMER arrives at the HOTEL before this time, they hereby accept, declare, and undertake to receive their room no earlier than 14:00.
If the CUSTOMER wishes to book their room before 14:00, they hereby accept, declare, and undertake to pay an additional fee per room, subject to room availability and if possible.
The CUSTOMER must return their room no later than 12:00 when the SERVICE period ends. Returning after 12:00 will result in…The CUSTOMER hereby accepts, declares, and undertakes that an additional payment equivalent to one night’s room rate per room will be added to their account and collected upon check-out.
If the CUSTOMER wishes to extend the SERVICE period, they will notify the HOTEL at least 1 day before the end date of the Contract, and the CUSTOMER hereby accepts, declares, and undertakes to pay at the current price if it is possible to provide the SERVICE.
The CUSTOMER hereby accepts, declares, and undertakes that they will not be allowed to bring pets into the hotel during the SERVICE period.
The CUSTOMER hereby accepts, declares, and undertakes to pay the cost of any additional service provided after they return to their room.
RESERVATION CHANGES, CANCELLATIONS, REFUNDS AND OTHER ACCOMMODATION CONDITIONS
The CUSTOMER may notify the HOTEL in writing or verbally of any SERVICE changes. Changes can be made by the HOTEL through discussions conducted via the HOTEL’s website www.nidyahotelesenyurt.com.tr or by telephone, using the reservation number and personal information provided to the CUSTOMER by the HOTEL during the reservation process.
The CUSTOMER is obliged to notify the HOTEL of any request to change their reservation at least 2 (TWO) days before the start of the SERVICE. The HOTEL reserves the right to accept or reject any change requests submitted after the specified date.
The CUSTOMER hereby accepts, declares, and undertakes to pay in full any price differences arising from changes made in accordance with their request.
If the price difference is not paid within 48 (forty-eight) hours after the change is made, the change request that created the price difference will be considered invalid.
If the CUSTOMER requests a change up to 2 days before the start of the reservation date for any reason other than documenting the illness or death of the CUSTOMER or their first-degree relatives that prevents their usual 10-day occupation with an official report from a fully equipped state hospital, the CUSTOMER may receive a refund in TL. In this regard, the parties accept the TURSAB regulations and International NO-SHOW rules.
For cancellation and refund requests made 2 days or more before the SERVICE start date, all transaction commissions and fees paid to the bank will be deducted, and the CUSTOMER’s credit card will be refunded by the bank removing the block placed on the card as a SERVICE fee.
For cancellation and refund requests made MORE THAN 2 days (including 2 days) before the SERVICE start date, 100% of the SERVICE fee will be refunded, along with all transaction commissions and fees paid to the bank.
For non-cancellable/non-refundable reservations, the Hotel reservation The hotel will collect 100% of the fee, and even if the reservation is cancelled, the CUSTOMER is obligated to pay 100% of the reservation fee. NO REFUNDS OR CHANGES.
The customer accepts and undertakes that if they leave the hotel without giving any valid reason, except for the provisions in the Consumer Protection Law, after the SERVICE has started, no refund will be given.
Cancellation and refund requests, excluding documented force majeure events (death, accident, etc.), will be processed within 30 (thirty) business days following the notification of the request, after deducting the cash sales transaction commissions for cash sales, if the CUSTOMER notifies the HOTEL in accordance with the periods specified above; For installment sales, all transaction commissions and fees paid to the bank will be deducted, and the amount will be refunded to the CUSTOMER by removing the block placed on the CUSTOMER’s credit card as a SERVICE FEE, according to the determined installment amount and date. The provisions of clauses 5, 6, 7 and
of article (6) of this Agreement are reserved for the execution of cancellation and refund requests.
Our hotel is “Safe Tourism Certified” and guests agree to comply with the rules, measures and Covid-19 Protocol set by the hotel regarding Covid-19 disease.
The provisions of the “Additional Guarantee Package Regarding Reservation Cancellations and Changes”, which is an annex to this agreement if purchased by the customer, are reserved.
RESOLUTION OF DISPUTES
Waiver of rights granted to the PARTIES under this Agreement shall be valid only if it is in writing. The failure of one PARTY to demand the other party to fulfill its obligations specified in this Agreement shall not constitute a complete waiver of the right to demand the fulfillment of these obligations, nor shall it prevent the subsequent demand for the fulfillment of these obligations, nor shall it in any way result in the invalidity of the agreement. In cases where the obligations that the PARTIES are required to fulfill under this Agreement are not fulfilled, the waiver or neglect of the right by one of the parties on that particular occasion shall not be considered as condoning the breach of contract and the elimination of the said obligation.
The HOTEL hereby accepts, declares, and undertakes to provide a safe environment to the CUSTOMER throughout the SERVICE period. Nevertheless, in the event of any legal disputes that may arise between the CUSTOMER and the HOTEL, the CUSTOMER has the right to apply to the Consumer Arbitration Boards and/or Consumer Courts. It is considered a sign of good faith if the CUSTOMER submits their requests to the HOTEL in writing before applying to these institutions. The CUSTOMER is obligated to notify the HOTEL representative in writing if they are not satisfied with the quality of the SERVICE provided by the HOTEL.
OTHER PROVISIONS
Customers staying at the hotel must first contact the hotel management with their requests and complaints regarding their stay and subsequent requests, filling out the prepared forms. The hotel will evaluate these forms within a reasonable time frame. As a result of this evaluation, if the hotel fails to resolve the requests and complaints regarding the service it is obligated to provide within a reasonable time, the customer reserves the right to apply to consumer courts and provincial and district consumer arbitration boards in accordance with the provisions of the Law on Consumer Protection.Adverse weather conditions, strikes/lockouts, terrorism, military operations, floods, fires, etc., and unforeseen circumstances will be considered force majeure, and in the event of such situations, the HOTEL may not be able to continue providing SERVICE or may accommodate the CUSTOMER in another facility of the same level in the same or a different region.The HOTEL may offer special accommodations during holidays, New Year’s, etc. The hotel reserves the right to organize special events on public and private holidays and to change the content of the events it organizes.
By signing this agreement, the customer acknowledges, declares, and undertakes that they have reviewed the information and images on the hotel’s website and promotional brochures and that they have been given prior information on this matter.
The customer acknowledges, declares, and undertakes that they are responsible for any damage that may occur if they insult hotel staff, damage hotel property, or disturb other guests staying at the hotel during their stay. The hotel reserves the right to claim and sue in this regard.
The customer acknowledges, declares, and undertakes that they will be responsible for any damage that may occur if they make negative comments about the hotel on social media after leaving the hotel, based on claims that do not reflect the truth and are not supported by any documents. The hotel reserves all rights to claims and lawsuits in this regard.
If any provision of this agreement becomes invalid, unlawful or unenforceable for any reason, it shall be interpreted and applied in a manner closest to how it would have been applied if such invalidity, unenforceability or unlawfulness had not occurred. The existence of a provision deemed invalid, unenforceable, or contrary to legislation shall not affect the validity, legality, and enforceability of the other provisions.The CUSTOMER hereby accepts, declares, and undertakes to pay the HOTEL for any damages incurred in the event of any breach of the provisions of this Agreement.The CUSTOMER hereby accepts, declares, and undertakes to pay the HOTEL for any damages incurred in the event of any breach of the provisions of this Agreement. The CUSTOMER further accepts that in any dispute arising from the implementation of this Agreement, the HOTEL’s records, microfilm, microfiche, and computer records, fax records, written documents, and printouts shall be valid, binding, definitive, and exclusive in accordance with the relevant articles of the Code of Civil Procedure.It is hereby accepted, declared, and undertaken that this will constitute evidence and that this clause is a written evidence agreement.
This Agreement constitutes the entire agreement regarding the Services and supersedes all other agreements and understandings made by both Parties, whether written or oral. The Privacy Agreement and the Additional Guarantee Package Regarding Reservation Cancellations and Changes are an integral part of this agreement.
