DISTANCE SALES AGREEMENT
ARTICLE 1: PARTIES
1.1. This Distance Sales Contract and its annexes forming an integral part of it (hereinafter referred to as the "Contract"),
(i) Yavuz Kaya, resident at Göl Mahallesi, Namık Kemal Caddesi, No:18-18A Sapanca/SAKARYA, on the one hand, with tax identification number 22054324192 (Sapanca Villa Suite Hotel and Restaurant – hereinafter referred to as “hotel”)
Phone : 90 552 215 04 54
Email : firstname.lastname@example.org
(ii) on the other hand, the person(s) who declared their information by making a reservation through https://sapanca-villa-suite.hotelrunner.com/bv3 (hereinafter referred to as the "Website") (hereinafter referred to as the "Customer") between them under the following terms and conditions.
1.2. In the Agreement, Yavuz Kaya and the Customer will be referred to separately as the "Party" and together as the "Parties".
ARTICLE 2: SUBJECT
The subject of this Agreement is the purchase of the accommodation service at the Hotel, which the Hotel sells via the Internet Site, telephone or other remote communication means, by making a reservation within the date ranges determined by the Customer, and the rights and obligations of the Parties in this context, numbered 6502. It is determined in accordance with the Law on the Protection of the Consumer and the Regulation on Distance Contracts.
ARTICLE 3: PRICE AND PAYMENT TERMS
3.1. Information regarding the accommodation service subject to the contract, the total price including taxes (hereinafter referred to as the "Contract Price") and the payment method are available on the relevant page of the Website before the payment is made. The Contract Price includes only the accommodation services specified on the Website and the registration/reservation document and the services specified within the concept; Any goods and services other than those specified will be charged extra. For the avoidance of doubt, without being limited to the ones listed, extra food and beverage, all kinds of expenses, transportation and all other goods and services that are out of the scope of the Customer other than the accommodation services included in the Contract Price, as well as taxes, duties, fees and charges related to them. other financial obligations are excluded from the Contract Price and will be paid separately by the Customer.
3.2. In addition to the payment obligations set forth in Article 3.1, the Customer is obliged to fulfill any other payments such as interest, maturity difference, expense, foreign exchange difference and under any name to be notified by the Hotel at any time.
3.3. The Customer shall fulfill its payment obligations under the Contract (including the Contract Price) by credit card, mail order method and by transfer to the bank account number available on the website. The total amount will be charged 2 hours after the customer makes the reservation. Reservations made in foreign currency will be instantly charged according to the foreign exchange sales rate of the Central Bank of the Republic of Turkey. The name entered in the system for the reservation and the name on the credit card to which the customer pays by mail order method must be the same. If the name on the credit card to be paid with the reservation owner is different, the reservation will be canceled by the hotel. No liability is accepted in this regard.
3.4. The Customer is obliged to pay the Contract Price and - if any - all of the other payments specified during the reservation registration; In case of incomplete or incomplete payments, the reservation process regarding the accommodation service will not be finalized and the sale will not take place.
3.5. The invoice to be issued within the scope of the reservation made in accordance with the contract is issued to the invoice address specified by the Customer, following the payment by the Customer. If the billing address section or the description field is left blank by the Customer, the invoice is issued to the address specified in the Customer's contact information. The invoice is issued as an electronic invoice and is sent as an e-mail to the address specified by the customer. During the stay, the invoice regarding the other payment obligations arising under the Agreement, including the purchases and expenses of goods and services other than the Contract Price, by the Customer, is also issued as an electronic invoice on the date of the Customer's departure from the Hotel and sent as an e-mail to the address notified by the customer. If the invoice is issued, the printout of the invoice will also be delivered by hand. Within the scope of this Article, Yavuz Kaya is not responsible for the invoice not being delivered due to incorrect address or other reasons.
3.6. Payments to be made within the scope of the contract, which are specified in foreign currency, can be made by the Customer in the relevant foreign currency or in Turkish Lira at the foreign exchange selling rate of the Central Bank of the Republic of Turkey valid on the payment date.
3.7. Refunds that may arise under the Agreement will be deducted from the Hotel's receivables arising from any reason under the Agreement, and will be made to the credit card or bank account used by Yavuz Kaya during the reservation.
ARTICLE 4: CANCELLATION, CHANGE AND OTHER TRANSACTIONS REGARDING RESERVATION
4.1. Unless expressly stated otherwise in the Agreement, requests for changes and cancellations regarding reservations made under the Agreement must be notified to the Hotel via email@example.com. In case the Customer reports a change or cancellation request by calling the Hotel's phone number 90 552 215 04 54, the necessary assistance and support will be given to make a notification at Göl Mahallesi, Namık Kemal Caddesi, No:18-18A Sapanca/SAKARYA.
4.2. The customer accepts, declares and undertakes that the following terms and conditions will be applied in case of cancellation / change of reservation:
a. In cancellations made up to 72 hours (3 days) before the Customer's check-in date, 40% of the Contract Price is returned to the Customer. However, for any reason other than if the Customer certifies with an official document the existence of a force majeure situation that will prevent him or his first degree relatives from resting for at least 10 (ten) days and/or their death and/or their stay at the Hotel. In the cancellations made less than 72 hours (3 days) before the date of entry to the Hotel, it is responsible for the entire Contract Price and cannot claim any refund, right, receivable or compensation from the Hotel under any name, including the Contract Price. For collections made in foreign currency, the refund is made according to the buying rate of the Central Bank of the Republic of Turkey valid on the day of reservation.
b. If, for any reason, the customer requests a change in the accommodation/reservation conditions including the reservation dates, this change request can be processed provided that the request is notified to the Hotel up to 72 hours (3 days) before the check-in date and the Hotel is available for change. The current reservation conditions will continue to apply. The Hotel shall, as far as possible, evaluate the change requests notified to it in accordance with the period specified in this Clause, at its sole discretion. Additional costs, if any, that may arise due to changes to be made in the accommodation/reservation conditions pursuant to this Clause, shall be paid by the Customer on the date of the change; otherwise the change will not take place; If the price decreases due to changes in the reservation conditions, the customer's credit card will be refunded in the amount of the difference. Regardless of the date of completion of the reservation process, if there is a shorter time than the date of entry to the Hotel than specified in this Clause, the Hotel reserves the right not to make the changes requested by the Customer. If the Customer requests a change in the reservation dates for any reason prior to check-in at the Hotel, the list prices valid on the dates subject to the change shall apply, even if the reservation is made as a discounted or early reservation.
c. If the Customer fails to enter the Hotel on the check-in date without giving a written notice that he cannot reach the Hotel and/or without canceling the reservation in accordance with the Agreement, the Hotel may cancel all reservations made on behalf of the Customer as of 24 (twenty-four) hours from the check-in time. has the right to. Due to the cancellation made by the Hotel and/or delays in the Customer's entrance to the Hotel, whether notified by the Customer or not, the Customer may not receive any refund from the Hotel under any name whatsoever, including the entire Contract Price or the portion corresponding to the periods not stayed due to delay. cannot claim rights, receivables and compensation. However, if the Customer certifies with an official document the death, accident, serious illness, or the existence of force majeure conditions that will prevent him or her from staying at the Hotel, the costs of the periods not stayed in accordance with the Agreement will be refunded.
D. If the Customer wishes to leave the Hotel on a date before the end of the reservation period and/or does not use the accommodation service subject to the Contract partially or completely, he/she is responsible for the entire Contract Price; No refund, right, receivable or compensation can be claimed from the Hotel under any name, including the Contract Price. However, if the Customer certifies with an official document the death, accident, serious illness, or the existence of force majeure conditions that will prevent him or her from staying at the Hotel, the costs of the periods not stayed in accordance with the Agreement will be refunded.
to. When deemed necessary, the Hotel may change or cancel the reservation partially or completely, provided that the Customer is informed. In case of cancellation and if the customer does not accept the change, he has the right to cancel the reservation and get a refund for the periods not stayed in accordance with the Agreement.
ARTICLE 5: CONDITIONS REGARDING THE AGREEMENT ACCOMMODATION SERVICE
5.1. Accommodation/reservation type and conditions, entry-exit dates to the Hotel, the names of the persons to be accommodated, the facility-room type where the accommodation will be made and other information regarding the reservation are included in the registration/reservation document, which is an integral part of the Agreement. This information is sent by e-mail to the address specified by the Customer at the time of booking.
5.2. The customer accepts, declares and undertakes that he will comply with the rules announced in any way or notified to him by the Hotel during his stay.
5.3. On the day of check-in to the hotel, regardless of the arrival time, settling in the rooms will take place at 14.00 at the earliest; On the day of departure, the rooms will be vacated at 12:00 at the latest, regardless of the departure time from the Hotel.
5.4. The Customer may not pay any fee from Yavuz Kaya under any name, including the Contract Fee, due to the late check-in at the Hotel for any reason and/or the early departure from the Hotel on the check-in date for any reason. Refunds, rights, receivables and compensation cannot be claimed.
5.5. Identity and age checks are made at the entrance to the hotel. Incorrect/incomplete declaration and/or price difference arising from registration in the registration/reservation process will be collected from the Customer at the time of entry to the Hotel.
5.6. Child discounts are valid for stays in the same room as the parent. The age of the child declared by the Customer is taken into account in the reservations of families with children. However, if a difference is detected between the age of the child on the identity card and the age declared/recorded in the registration/reservation process, the difference in price will be collected from the Customer at the time of entry to the Hotel.
5.9. The customer will stay between the dates specified in the reservation. If the customer wishes to extend the stay, he will notify the Hotel of his request in this direction and if this request is accepted by the Hotel, he will be able to extend the stay by making the payment for the extended dates.
5.10. The customer shall notify the hotel authorities of his complaints regarding the performance of the accommodation service in writing. Otherwise, it will be deemed to have accepted that the service subject to the complaint is provided by Sapanca Villa Suite without any defects, flawlessly, completely and on time. Therefore, if the Customer continues to use the service subject to the complaint without informing the Hotel authorities, he/she cannot make any substitution services, refunds or other requests arising from the provisions of the relevant legislation regarding the service subject to the complaint.
5.11. Sapanca Villa Suite has the right to change the artist for any reason (such as the artist's illness) in the stays that are announced and sold with artists on holidays, New Year's Eve and similar occasions.
5.12. The Customer assumes all responsibility for not fulfilling its obligations under the Agreement at all or duly (including inaccurate or misleading information, including credit card information), and for these reasons, any rights and receivables that may be directed against Yavuz Kaya. , accepts, declares and undertakes that it will release Yavuz Kaya from material/moral damage and compensation claims and will compensate Sapanca Villa Suite for all kinds of damages.
5.13. In case the Customer prefers to pay by credit card, there are technical protection measures regarding the security of credit card information, but passwords/information may be handled by third parties due to malicious software such as viruses on the computer used by the Customer and/or for any reason not caused by the fault of the Hotel. Yavuz Kaya does not have any responsibility for any damages that the Customer may suffer for any reason including
ARTICLE 6: TERM, TERMINATION / TERMINATION
6.1. The Agreement will enter into force on the date the accommodation service subject to the Agreement is purchased by the Customer and will automatically expire on the end of the reservation period.
6.2. Sapanca Villa Suite will provide the accommodation service subject to the Agreement within the date range determined by the Customer in accordance with the Agreement. If Sapanca Villa Suite does not fulfill this obligation at all or duly without a justified reason, the Customer may terminate the Agreement with a written notice. In this case, Yavuz Kaya will return the portion of the Contract Price he has collected, corresponding to the periods during which the accommodation service cannot be provided, to the Customer within 14 (fourteen) days from the date on which the termination notice is received, by deducting from the receivables arising for any reason under the Contract.
6.3. Sapanca Villa Suite, if the Customer does not fulfill its obligations under the Contract at all or duly and/or does not comply with the rules of goodwill, commits a crime and/or has a contagious disease, if there is a just cause, including but not limited to the ones listed, may terminate the Agreement immediately by giving written notice to
6.4. In the event that Sapanca Villa Suite terminates the Agreement for just cause or the Customer without just cause, the Customer cannot claim any refund, right, receivable or indemnity from Yavuz Kaya under any name, including the Contract Price.
6.5. Sapanca Villa Suite may terminate the Agreement in cases where the performance of the accommodation service subject to the Agreement becomes impossible for any reason (including force majeure), by notifying the Customer in writing or with any permanent data store, within 3 (three) days from the date of learning about the relevant situation, In this case, he will return the portion of the Contract Price he has collected, corresponding to the periods in which the accommodation service is not available, to the Customer within 14 (fourteen) days from the date of notification by deducting from the receivables arising for any reason under the Contract.
6.6. If Sapanca Villa Suite terminates the Agreement without a justified reason, it shall deduct the portion of the Contract Price that corresponds to the dates when the accommodation service cannot be provided, from the receivables arising for any reason under the Agreement, within 14 (fourteen) days from the date the termination notice is received by the Customer. will be returned to the Customer within days.
6.7. In the event that the Agreement is terminated/terminated for any reason, Yavuz Kaya reserves the right to collect/demand from the Customer its receivables arising prior to the expiration/termination pursuant to the provisions of the Agreement and relevant legislation.
ARTICLE 7: OTHER PROVISIONS
7.1. Even if the Customer has not signed/confirmed the Agreement electronically, if the Customer has access to the Agreement via the Website, catalogue, advertisement, permanent data store or any other means, in case the Customer makes the payment, the reservation will be subject to the terms and conditions of the Agreement. .
7.2. Other persons who do not sign/do not approve the Agreement but benefit from the accommodation service subject to the Agreement shall be deemed to have accepted the terms and conditions of the Agreement, as well as the person who has signed/approved the Agreement. Sapanca Villa Suite has the right to apply to other persons who benefit from the accommodation service, at its sole discretion, for payments under any name whatsoever, from the person who has signed/approved the Agreement.
7.3. Each of the Parties agrees that all technical, commercial, administrative, financial and legal information belonging to and/or related to the other Party will be considered as “Confidential Information” within the scope of the Agreement, that they will carefully protect this Confidential Information and keep it secret. and will keep it confidential; It accepts, declares and undertakes that it will not disclose, disclose, publicize, use and/or make use of the Confidential Information to any third party, personally and/or through third parties, for any reason whatsoever, excluding the requests of the competent authorities. . Obligations under this Article shall remain valid and in effect indefinitely, even after the termination of the Agreement.
7.4. Force majeure, after the effective date of the Agreement, occurs beyond the control of the Parties, although the Parties have shown the necessary care and attention and taken the necessary measures, and the Parties cannot reasonably foresee the date of the Agreement's effective date and cannot prevent its consequences with reasonable costs, and/ or events that they cannot prevent without wasting time. Force majeure events, including terrorism, epidemics, quarantine restrictions, strike-lockout, war, flood, fire, are other events that can be considered force majeure in accordance with this Article. Neither Party shall be liable for any failure or delay in performing any of its obligations under the Contract due to force majeure.
7.5. The Customer accepts, declares and undertakes that he will not transfer or assign the Agreement and its rights, receivables and obligations (including reservation) arising from the Agreement, partially or completely, permanently or temporarily, to third parties without the prior written approval of Sapanca Villa Suite. it does. However, Sapanca Villa Suite has the right and authority to transfer/assign its rights, receivables and obligations arising from the Agreement, partially or completely, permanently or temporarily, to third parties without the prior written consent of the Customer.
7.6. Unless otherwise expressly stipulated under the Contract, notifications under the Contract shall be made in writing and submitted personally, or by fax message or e-mail with a written confirmation of their receipt, or via a prepaid registered or returned registered letter. will be sent to their specified addresses or to another address notified in writing by the other Party. Unless the customer notifies Sapanca Villa Suite of the address specified in Article 1, that the address specified in Article 1 is the notification address, changes in the notification address immediately but within 2 (two) days at the latest, the notifications to this address will have all legal consequences of the legally valid notification. accepts, declares and undertakes.
7.7. If any provision or condition of the Contract is determined to be null, void or unenforceable, if this situation is determined or if the terms and conditions are incomplete, the other terms and conditions of the Contract shall remain in full force and effect. In such a case, the Agreement will be interpreted and applied by considering the relevant terms and conditions as if they were removed from the text of the Agreement.
7.8. The Agreement constitutes the entire agreement of the Parties on this matter and in lieu of all previous agreements, agreements, understandings, negotiations, promises, conditions, offers, reconciliations, statements and commitments (but not limited to those) made between the Parties regarding the subject of the Agreement. passes and ends them.
7.9. The Customer agrees that the commercial book, computer, record and other information and documents of Sapanca Villa Suite will constitute valid, binding and definitive evidence in all disputes and disputes arising from the conclusion/implementation of the Agreement; It accepts, declares and undertakes that it will void Sapanca Villa Suite from the offer of oath and that this Article is in the nature of a contract of conclusive evidence within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
7.10. The contract will be governed by and interpreted in accordance with Turkish law. In the resolution of all disputes or disputes arising from the contract and/or implementation of the Agreement, it is possible to apply to the Arbitration Committee for Consumer Problems/Consumer Courts in accordance with legal monetary restrictions.
7.11. Preliminary information obtained by the customer about the accommodation service subject to the contract (including the qualifications, price, payment and return conditions, performance of the accommodation service subject to the contract), through the relevant pages on the internet sites, registration / reservation) document and any permanent data storage It is an annex and an integral part of the Agreement. The customer has obtained preliminary information about the accommodation service subject to the contract (including the qualifications, price, payment and return conditions, performance of the accommodation service subject to the contract) through the relevant pages on the internet sites, registration / reservation document and any permanent data storage, He/she accepts, declares and undertakes that he/she has received a copy of all written matters including the contract in electronic environment or another permanent data storage, that he/she has read them and is informed, and that he/she has approved all written matters including the contract in electronic environment or through another permanent data storage.
Sapanca Villa Suite Clarification Text within the Scope of the Law No. 6698 on the Protection of Personal Data
As Sapanca Villa Suite Hotel and Restaurant (hereinafter referred to as "Sapanca Villa Suite"), we respect and attach importance to the privacy of private life. For this reason, we would like to inform you about your rights regarding the use and protection of your personal data within the scope of the Law on Protection of Personal Data No. 6698 (hereinafter referred to as "KVKK").
a) As Data Controller Sapanca Villa Suite, we inform you that we are processing your personal data as data controller within the scope of KVKK and other relevant legislation.
b) Processed Personal Data In accordance with the KVKK and other relevant legislation, the personal data categories and explanations to be processed within the scope of the purposes and legal reasons specified in the Clarification Text within the scope of the Law on Protection of Personal Data No. 6698 are as follows:
Identity Information: Name-surname, place and date of birth, nationality, TR ID number, accompanying guest name-surname, place and date of birth, Contact Information: Address, Telephone number, e-mail address, Financial Information: Bank account information, Private Qualified Personal Data, Photograph, Health status and drug use information, Other: Room number, Vehicle plate information, Smoking information, Allergen Status Information
c) The Purpose for which Personal Data will be Processed Your personal data will be recorded in the online software systems used by Sapanca Villa Suite to carry out the processes related to the accommodation service, to carry out the sales and marketing policies of Sapanca Villa Suite, to carry out the necessary work by our business units to benefit you from the products and services offered by Sapanca Villa Suite , Measuring and increasing customer satisfaction, collecting and evaluating complaints and suggestions, if any, regarding Sapanca Villa Suite products and services, recommending the products and services offered by Sapanca Villa Suite to you; Planning and/or execution of market research activities for the sales and marketing of products and services, Ensuring legal, technical and commercial job security of the persons in business relations, Following and executing legal affairs, Execution of finance and/or accounting works, As stated in Article 5 (2), “a) It is clearly stipulated in the laws”, “c) It is necessary to process the personal data of the parties to the contract, provided that it is directly related to the establishment or performance of a contract”, “ç) It is mandatory for the data controller to fulfill its legal obligation. ”, “e) Data processing is mandatory for the establishment, exercise or protection of a right” will be processed within the legal reasons. Your personal data will be processed with your explicit consent in accordance with the legal reasons specified in the KVKK and Electronic Commerce Law in order to inform you about the campaigns and innovations for Sapanca Villa Suite's services. Your sensitive personal data will be processed with the explicit consent of the guest in accordance with the legal reason specified in Article 6 (2) of the KVKK, in order to verify the identity of the person to be served and to provide SPA massage service and skin care services in a healthy manner.
d) To Whom and For What Purpose the Processed Personal Data Can Be Transferred Your personal data will be transferred without seeking the explicit consent of the person concerned in accordance with Articles 8 (2) (a) of the KVKK for the purposes stated below: It will be shared with the General Directorate of Security in order to fulfill our legal obligations arising from the relevant legislation. It may be shared with notary public, enforcement offices and/or courts, if necessary, for the purpose of carrying out financial and/or accounting works within the scope of collection of fees for products and services. In order to fulfill its legal obligations in accordance with the relevant legislation, it may be shared with the relevant public institutions and organizations, if necessary or upon request. It will be shared with the contracted cargo company in order to deliver the items left and forgotten at the hotel. In order to follow the legal processes, it can be shared with our lawyers as much as necessary within the framework of the confidentiality obligation.
e) Method and Legal Reason for Personal Data Collection Your personal data may be collected verbally, in writing or by automatic or non-automatic methods, based on the legal reasons specified in Articles 5 (2) and 6 (2) of the KVKK, in order to fulfill the purposes specified in paragraph (c) of this text. It is obtained in electronic form: filling out a form, sending an e-mail message, contacting by phone call, visiting the website and contacting through social media platforms. Sharing business cards in online sales platforms, tourism agencies, organization companies, fair or seminar visits, forwarding them through solution partner institutions or organizations.
f) Your Rights Under Article 11 of the KVKK Under Article 11 of the KVKK, you have rights as a data owner and you can submit your requests regarding these rights by filling in all the information specified in the Relevant Person Application Form. In accordance with paragraph 1 and the Communiqué on the Procedures and Principles of Application to the Data Controller, you can personally come to our company at the address “Göl Mahallesi, Namık Kemal Caddesi, No: 18-18A Sapanca/SAKARYA” and send a registered e-mail (KEP) in the form of firstname.lastname@example.org. In order to be able to identify your identity and not give information to the wrong people, in writing via our address, via a notary public or by registered letter with return receipt, secure electronic signature, mobile signature or (if any) by using the e-mail address already notified to our company by you and registered in our systems. You can send it to .com address by sending an e-mail or by other methods to be determined by the Board in the future.
g) Retention Period of Personal Data
Sapanca Villa Suite deletes, destroys, destroys or anonymizes personal data when the purpose of processing personal data ceases to exist and the mandatory retention periods determined under the Laws and other relevant legislation expire.
h) Changes and Updates
This clarification text has been prepared within the scope of the Law on the Protection of Personal Data No. 6698 and other relevant legislation. Necessary changes can be made in the aforementioned clarification text in line with the changes to occur in the relevant legal legislation and/or Sapanca Villa Suite personal data processing purposes and policies.