Rental Terms and Contract

1. PARTIES

This Distance Sales Agreement (“Agreement”); with you (hereinafter referred to as “you” or “Customer”) as the buyer of the services subject to the Agreement, Kuşadası Tatilevleri Turizm İnşaat Sanayi ve Ticaret Limited Şirketi, located at Soğucak Mahallesi Pine Valley street no: 1/ 5 09400 Kuşadası, Aydın, Turkey (hereinafter referred to as “us” or “kusadasitatilevi” in the contract) within the framework of the terms and conditions stated below.

2. SUBJECT

The subject of this Agreement; Selected and notified by the Customer on www.kusadasitatilevi.com:

·       “Services”, that is, the rental of the residence within the date range specified below

·       “Additional Services” including, but not limited to, the following:

·       Transfer Service

·       Rental Service

·       Cleaning Service

·       Commission Service

Which of the services selected and notified by following the steps on kusadasitatilevi.com and marking the necessary acceptances and approvals are indicated in the table below,

In return for payment of the amounts listed in the table below and listed on kusadasitatilevi.com

It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers regarding the provision of these services and goods and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014.

·       Housing Name

·       Order number

·       Rental Start Date

·       Rental End Date

·       Total Nights

·       Nightly Unit Price

·       Total Rental Amount

·       Additional services

·       Total amount

By accepting this Distance Sales Agreement, the Customer accepts in advance to purchase the services specified in the table above, to pay the amounts specified in the table, and to be informed about this matter in advance.

 3. KUŞADASI TATİLEVİ INFORMATION

  4.CUSTOMER INFORMATION

5.INVOICE ADDRESS and INFORMATION

6. CONTRACTUAL SERVICE/ADDITIONAL SERVICE INFORMATION

6.1. The main features of the Service/Additional Services [type (villa, flat, detached, etc.), location, capacity, availability, price, etc.] are available on www.kusadasitatilevi.com.

6.2. The prices listed and announced on www.kusadasitatilevi.com are the nightly rental price and the prices on a nightly basis are indicated on the product rental calendar. The price per night displayed on the entry screen of the Service/Additional services on the site may vary depending on the rental dates. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.

7. PAYMENT AND DELIVERY TERMS

7.1. The customer accepts, declares and undertakes that he/she has read the preliminary information about the basic characteristics, sales price and payment method of the Contractual Service and/or Additional Services on the electronic platform of www.kusadasitatilevi.com and has given the necessary confirmation in electronic environment.

The geographical location of the residence is shown on the website www.kusadasitatilevi.com. Therefore, the Customer declares and accepts that he will not object to the location.

Upon the Customer's confirmation of the Preliminary Information Forum in electronic environment, the Customer, prior to the establishment of the Distance Sales Agreement, the address to be given to the Customer by kusadasitatilevi, the basic features of the requested Service and/or Additional Services, the requested service and/or It accepts, declares and undertakes that it has obtained the price of additional services, payment and delivery information accurately and completely.

For payments to be made via bank, the order number and the name of the residence must be written in the explanation part of the EFT/transfer receipt. If the payment is not transferred to the kusadasitatilevi account within 1 business day following the date of the rental request, the rental may be canceled by kusadasitatilevi at the discretion of kusadasitatilevi.

The total price of the rented house is determined by the Customer with the Preliminary Information Form and this Distance Sales Contract; It is withdrawn from the Customer's credit card upon signing and/or written approval and sending it to kusadasitatilevi.

7.2. Rental Date Changing or Reservation Cancellation

Deposited to our company's account, full prepayment amount (EFT, money order, credit card "one shot or installment"; in cash, or by mail order) of the villa / apart / flat rental fee paid by credit card, will NOT BE REFUNDED In case of reservation cancellations. Because all of this payment has been made as a prepayment to the owner of the villa / apart / flat. You have to pay the remaining amount to us in advance at the entrance to the villa/apartment/apartment.

The customer sends the cancellation notice to Kusadasi Tatilevleri Tur.İnş.Ltd.Şti.and kusadasitatilevi.com in writing. Any notification not made in writing will not be accepted.

In case of cancellation, Kuşadası Tatilevileri Tur. Ins. Ltd.Şti will receive certain percentages over the total costs of the services specified in the travel agreement in order to cover the precautions and expenses taken by the company. These amounts were determined as follows.

Cancellation conditions;

1) The deposit sent for the reservation is non-refundable,

2) If the full payment has been made, 70% will be refunded to the account number you will send, and banking, financial institutions and necessary transfer expenses will be covered from this amount; A 30% down payment will be made.

In case the customer pays the entire rental fee of the villa / apart / flat to Kuşadası Tatilevleri Tur.İnş.Ltd.Şti (EFT, money order, cash or credit card in one shot) at his own request, from the moment he makes the payment to the villa / apartment / apartment. For cancellations up to 30 days, 30% (thirty percent) of the paid price will NOT be refunded. The remaining 70% (seventy percent) will be returned to the account number you will inform. Shipping costs will also be deducted from this money. Because 30% (thirty percent) of this price has been made as a prepayment to the owner of the villa / apart / flat, our company will have lost its ability to rent the place in question again.

If the cancellation of the reservation takes place 15 days or less before the check-in date to the villa / apart / flat, or if you do not check in to the villa / apart / flat and you do not have any accommodation in the villa / apart / flat, the total travel fee you have paid will not be refunded to the customer.

Financial damages, commission fees etc. to be incurred by the Republic of Turkey, bank, financial institution or intermediary institutions to Kuşadası Tatilevleri Tur. Additional payments such as money will be deducted from the money to be returned to the customer.

For any reason, in case of cancellation by Kusadasi Tatilevleri Tur.İnş.Ltd.Şti. and kusadasitatilevi.com, this situation will be notified to the customer as soon as possible. If there is an equivalent villa/apartment/apartment available on the same dates in our portfolio, it will be proposed to the customer. In cases where the customer does not approve and does not fall under the "force majeure" clause, the money received will be returned to the customer.

Detailed information on this subject has been reported on the "Cancellation Policy" page of our website.

7.3. Pricing

Rental prices are calculated automatically on the website www.kusadasitatilevi.com according to the rental date range. The right to change the price according to the day, week and month is reserved, and may change.

7.4. Deposit and turnkey

Pursuant to the amendment brought by the Law No. 7071 dated February 1, 2018, Article 2 of the Identification Law No. 1774, the operators of “day rentals” are required to register the identity information of the Customers. In this context, all guests staying in the residence will report their identities when they enter the residence.

The customer agrees and undertakes to pay a damage deposit of 500-2000 TL in cash, depending on the rented house, after the necessary control is made on the delivery of the house. If the deposit is not paid, the Customer declares and accepts that kusadasitatilevi will not provide the Service and/or Additional Services.

Kusadasitatilevi accepts and undertakes that, before leaving the residence, the Customer will carry out the necessary checks and, if it determines that there is no damage, will return the amount received as the damage deposit to the Customer after checking it.

Kusadasitatilevi reserves the right to refrain from returning the damage deposit for all damages, under any name whatsoever, arising from the Customer's own faulty actions. In the case that the damage occurred in the house rented by the customer, in the sense of the Turkish Code of Obligations, is more than the deposit amount, kusadasitatilevi reserves the right to apply to all kinds of legal and legal remedies for the compensation of the damage. The customer declares, accepts and undertakes this matter in advance.

7.5. Delivery and Return Times of the Rented House

The customer accepts and undertakes that the check-in time is 15.00 (afternoon) and the check-out time is 10.00 (before noon) and that he will abide by these hours. If the facility is available on the day of departure, an extra accommodation fee will be charged if the customer leaves late. In addition, if a behavior and attitude is exhibited that does not leave on time and prevents another customer from entering the facility on time on the day of departure, he accepts that he will pay the costs of accommodation and entertainment for the new customer who will enter on the day of departure, and he is deemed to have accepted all the conditions unilaterally in this regard.

7.6.Capacity and Equipment of Residences

Information about the person capacity of each residence is given in detail and completely on the information page on www.kusadasitatilevi.com. The customer accepts, declares and undertakes that he will not bring more guests than the person capacity or the number of people notified together with the rental, and that he will not receive guests from outside during the rental period. The number of people includes children over 3 years old. In case the Customer's contrary behavior is determined, the Customer declares, accepts and undertakes to pay the full price for the number of guests exceeding the person capacity of the residence or more than the number of guests previously notified to kusadasitatilevi.

Kusadasitatilevi reserves the right to cancel the rental or not to accept guests over the capacity, in case the customer is asked to enter the residence in a way that exceeds the person capacity of the residence or more than the specified number of persons during the rental. Namely:

- Before giving the residence keys or the password to the residence to the Customer; In the event that kusadasitatilevi determines that more than the person capacity of the residence or the number of persons specified by the Customer will benefit from the residence; It is possible for kusadasitatilevi to refrain from giving the residence keys or the password for entering the residence to the Client, allowing the Client to enter the residence, or otherwise transferring the possession of the residence to the Client.

– If there is an external entrance with a key, password or security guard between the entrance and the outside of the house, which is under the control and dominion of kusadasitatilevi, then the kusadasitatilevi; It is possible that people exceeding the residential person capacity or more than the number of people specified by the Customer are not allowed to enter the interior area from the outside entrance.

7.7. Pets and Cigarettes

The customer accepts, declares and undertakes that he will not bring pets to the residences where pets such as cats and dogs cannot be brought. In case of contrary behavior, the Customer declares, accepts and undertakes that he will leave the residence and that he will not have any rights and/or receivables from kusadasitatilevi.

To the house, its integral parts and annexes; In the event that a loss occurs due to the Customer's lack, negligence or carelessness regarding compliance with this provision - including his voluntary non-compliance - the Customer accepts and undertakes that he will indemnify such damage. In any case, the provisions of Article 67 and Article 68 of the Turkish Code of Obligations, titled Responsibility of Owner of Animals, apply.

In addition, the Customer accepts, declares and undertakes that he will not smoke in the closed areas of the residence.

7.8. The Customer shall confirm this Agreement electronically, for example, on www.kusadasitatilevi.com for the delivery of the Service and/or Additional Services subject to the Agreement, and in the event that for any reason the price of the product/service subject to the Agreement is not paid and/or canceled in the bank records, accepts, declares and undertakes that the obligation of kusadasitatilevi to provide the Services and/or Additional Services subject to the Contract will expire.

7.9. After the start of the provision of the Contracted Service and/or Additional Services, the Customer shall not be liable to kusadasitatilevi for the price of the product subject to the contract, as a result of the unfair use of the Customer's credit card (or whatever financial instrument the Customer uses for payment) by unauthorized persons. In case of non-payment, the Customer accepts, declares and undertakes to return the contractual service and/or additional service fees to kusadasitatilevi within 3 (three) days.

7.10. If kusadasitatilevi cannot perform the Services and/or Additional Services subject to the contract within the period due to force majeure situations such as the occurrence of circumstances that are beyond the will of the parties, unforeseen and prevent and / or delay the fulfillment of the debts of the parties, accept that it will notify the Customer, declares and undertakes.

7.11. Kusadasitatilevi, through letter, e-mail, SMS, phone call and other means, through the address, e-mail address, fixed and mobile phone lines and other contact information specified by the customer in the registration form on the site or updated by him later, communication, marketing, notification and has the right to reach the Customer for other purposes.

7.12.(i) The customer and the credit card holder used during the rental are not the same person, or

(ii) Before the delivery of the Service and/or Additional Services to the Customer, if a security vulnerability is detected regarding the credit card used during the rental,

(i) provide identification and contact information for the credit card holder;

(ii) provide the previous month's statement of the credit card used in the order; or

(iii) Submit a letter from the cardholder's bank stating that the credit card belongs to him.

It can be requested from the customer. The rental will be frozen until the Customer provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 hours, kusadasitatilevi has the right to cancel the rental.

7.13. The customer declares that the personal and other information he has given while becoming a member of www.kusadasitatilevi.com is true, and that he will immediately indemnify all damages incurred by kusadasitatilevi due to the inaccuracy of this information, upon the first notification of kusadasitatilevi, in cash and in full, and commits.

7.14. The customer accepts and undertakes in advance to comply with the provisions of the legal legislation and not to violate them while using www.kusadasitatilevi.com. Otherwise, all legal and penal liabilities that may arise will bind the Customer completely and exclusively.

7.15. Customer, TENANT, www.kusadasitatilevi.com in any way disrupting public order,

·       contrary to general morality,

·       in a way that disturbs and harass others,

·       for an unlawful purpose,

·       cannot use it in a way that violates the material and moral rights of others.

In addition, the Customer cannot engage in activities (spam, virus, etc.) that prevent or make it difficult for others to use the services.

7.16. The Customer, who violates one or more of the provisions listed in this Agreement, is personally liable criminally and legally for this violation and will keep www.kusadasitatilevi.com separate from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, www.kusadasitatilevi.com reserves the right to claim compensation against the member due to non-compliance with the provisions of this contract.

8. RIGHT OF WITHDRAWAL

Pursuant to Article 15/I-g of the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188 and in force at the date of conclusion of the contract, the subject of this contract is “Accommodation, goods transport, car rental, which must be made on a certain date or period. , food-beverage supply and the contract for the use of leisure time for entertainment or rest purposes, the right of withdrawal is exempted from the right of withdrawal, and the Customer has no right of withdrawal.

The customer declares, accepts and undertakes that he knows this matter.

9. STATUS OF DEFERRED AND LEGAL CONSEQUENCES

The customer accepts, declares and undertakes that in case of default on his credit card transactions, the cardholder bank will pay interest within the framework of the credit card agreement with him and will be liable to the bank. In this case, the relevant bank may take legal action; may request the costs and attorney's fees to arise from the Customer.

In any case, if the Customer defaults due to its debt, the Customer accepts, declares and undertakes that he will pay the loss and damage suffered by www.kusadasitatilevi.com due to the delayed performance of the debt.

10. AUTHORIZED COURT

10.1. The parties, in accordance with Article 68 of the Law on the Protection of Consumers, in disputes and disputes arising from the implementation and interpretation of the Agreement, up to the monetary limits announced by the Ministry of Customs and Trade, in the place where the consumer transaction takes place or where the Customer is domiciled. It has accepted that Arbitration Committees and Consumer Courts will be authorized.

10.2. These monetary limits are in the Communiqué of the Ministry of Customs and Trade on Increasing the Monetary Limits in Article 68 of the Law on the Protection of Consumers No. 6502 and Article 6 of the Regulation on Consumer Arbitration Committees, published in the Official Gazette dated 31 December 2017 and numbered 30287 announced in.

11. OTHER PROVISIONS

11.1.This Agreement is the only text that regulates all matters between the parties. All previous oral and written communications and agreements will automatically become null and void upon the entry into force of this agreement.

The existence of any illegality or unenforceability in the contract, its annexes, some of the provisions, terms and texts in the relevant minutes, notes and documents, including those arising from invalidity, non-binding, annulment, administrative reasons or a material act, It does not affect the other provisions of the Agreement and the binding of the Agreement. In such a case, the remaining parts of the Agreement will remain valid and the agreement will be filled in accordance with the general principles by the parties and the invalid or invalid provision(s) may be replaced with provisions that most closely reflect the will of the parties on the signing date of the agreement.

All kinds of changes and additions to this Agreement, its annexes, related minutes, notes and documents are valid only if the parties mutually agree in writing.

11.2. If there is a change in the titles of any of the parties specified in this contract, this change will be notified to the other party in writing and the notifying party will continue the contract under the new title.

11.3. The delay or failure of a party to exercise any of its rights under this Agreement shall not mean that it waives this right or accepts the event that gave rise to this right.

11.4. The addresses of the parties specified in this agreement are the notification addresses, and unless the changes made in these addresses are notified, the parties accept that the notifications to these addresses have been made to them. In this case, the day the postal worker delivers the notification to the address will be considered as the notification date.

11.5. Unless otherwise stated in the contract, all warnings, notices and notifications required to be made pursuant to this contract shall be made to the company representative in person, by registered mail with return receipt or through a notary public, to the notification addresses of the parties specified in the contract.

11.6. The responsibilities of the parties arising from not fulfilling the terms of this Agreement are only eliminated due to force majeure. The scope of force majeure in this contract includes situations that develop against the will of the parties, cannot be prevented, prevent or make it impossible to fulfill the terms of the contract. Examples of these include but are not limited to natural disasters, flood, war, riot, general strike, strike, lockout, embargo, and the like.

Parties notify each other in writing that force majeure has occurred. The contract period is extended until the force majeure period is valid. 3 months of force majeure such as natural disaster, war, uprising, general strike, embargo; If force majeure such as strike or lockout exceeds 1 month, both parties have the right to terminate the agreement.

11.7. The customer, in case of any disputes that may arise for all transactions carried out pursuant to this Agreement, the books, records and documents of www.kusadasitatilevi.com and computer records shall be accepted as definitive and exclusive evidence in accordance with Article 193 of the Code of Civil Procedure No. 6100, no objections accepts, declares and undertakes in advance without being asserted.

12. ENFORCEMENT

This Agreement:

Upon completion of the approval stages by the Customer on kusadasitatilevi.com and sending it to the e-mail address notified by the Customer; or

In case of written confirmation that it has been read and/or accepted by the customer; or

In case the payment corresponding to the price of the Service and/or Additional Services made by the Customer over kusadasitatilevi.com is made,

The Customer will be deemed to have read, accepted and approved the Preliminary Information Form and will be deemed to have accepted all the terms of this Agreement and the agreement will be established by the parties.

Customer:…………………………………………

Signature:…………………………………………

Date: ……./……./20…..                            

Service Provider: Kuşadası Tatilevleri İnşaat Turizm Otelcilik Tic. Ltd. Sti.

Bank Account Numbers

Bank Account Information

Bank: Ziraat Bankası

Branch: Kuşadası Şubesi

Receiver Name: Kuşadası Tatilevleri İnşaat Turizm Otelcilik LTD. ŞTİ.

Acoount                    İban No

Checking TL              TR37 0001 0001 4497 1928 7050 01

USD                            TR10 0001 0001 4497 1928 7050 02

EURO                         TR10 0001 0001 4497 1928 7050 03

Sterlin                        TR10 0001 0001 4497 1928 7050 04

Contact

Contact Information

You can contact us for your questions and suggestions.

Kuşadası Tatil Evleri İnşaat Turizm Otelcilik Tic. Ltd. Şti.

Kuşadası V.D.: 2150242530

Address: Soğucak Mah. P.Walley Sok. Lavender Sitesi Kuşadası / Aydın / Türkiye

Phone: 0530 551 16 43   

E-mail: info@kusadasitatilevi.com