Article 1 - PARTIES SELLER Title: MAKSİVİLLA TURİZİM İNŞAAT EMLAK TİCARET VE SANAYİ LİMİTED ŞİRKETİ Tax No: 6110683962 Address: Kalkan Mahallesi Şehitler Cad. 371/3 Kaş - Antalya Hereinafter referred to as "Seller" or "Maxivilla" will be taken. BUYER Title : TURKEY REPUBLIC Identification Number / tax no : address : telephone : E-mail : from now on it will be taken as ''recipient'' for short. The buyer and the seller shall hereinafter be treated briefly as "Parties" and separately as "Parties".
Article 2 - SUBJECT and SCOPE OF THE CONTRACT! This Distance Sales Contract (hereinafter referred to as the "Contract") has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The parties accept and declare that they know and understand their obligations and responsibilities arising from the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts under the Contract. The subject of the contract; The provision specified in the website of the accommodation service that the Buyer mediates or directly offers from the Seller's (https:/lwww.yazlikvilladatatil.com/] domain name {hereinafter referred to as the "Website") Determining the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the provision of accommodation services with the qualifications specified in the Contract, which are ordered electronically for purchase on the terms and dates
creates.
Article 3 - The announced prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period. The fee of the accommodation, which is the buyer's obligation to pay and has purchased the accommodation service through the website, and the above-mentioned fee on behalf of the owner and/or operator and/or agent of the accommodation is collected from the Buyer by the Seller. By paying the above-mentioned fee for the accommodation he has chosen on the website, the buyer will have duly and fully paid the price of the accommodation service he has received (or rental according to its nature). The Seller is the primary and sole addressee for the Buyer.
Article 4 - DELIVERY OF THE SERVICE AND METHOD OF DELIVERY The contract has entered into force with the approval of the Buyer in electronic environment and is executed when the service purchased by the Buyer from the Seller is delivered to the Buyer (at the end of the accommodation period). The Seller is under the obligation to provide the service only to the person and/or persons who will be accommodated in line with the information specified by the Buyer on the website. Any third party other than those specified by the Buyer on the information forms will not be made use of by the Seller in the service, and in case of detection of this situation, all legal, contractual! and criminal responsibility shall belong to the Buyer.
Article 5- DECLARATIONS AND COMMITMENTS OF THE BUYER The main characteristics of the accommodation service subject to the Agreement, sales price, duration of stay and use of the
1.
accommodation service, RESERVATION & CANCELLATION & CHANGE CONDITIONS! and declares that he has read the preliminary information uploaded by the Seller regarding the payment method and has given the necessary confirmation in electronic environment. The Buyer, as a Consumer, can deliver his requests and complaints to the Seller via the above-mentioned Seller contact information and/or the channels provided by the Website. The Buyer confirms the Agreement and the Preliminary Information Form electronically, regarding the address to be given to the Buyer by the Seller before the conclusion of the distance contracts, the basic features of the accommodation service, the price of the accommodation service including taxes, payment and reservation conditions, cancellation & refund & change conditions. confirms that he/she has obtained the information correctly and completely.
Article 6 - DECLARATIONS AND COMMITMENTS OF THE SELLER The Seller is responsible for the delivery of the accommodation service subject to the Contract to the Buyer in accordance with the relevant legislation and especially the consumer legislation, as specified on the website and with the specified features. If the Seller cannot use the accommodation service subject to the contract at all or partially due to force majeure or extraordinary circumstances, he is obliged to notify the Buyer within 3 (three) days from the date he learns about the situation.
Article 7 - RIGHT OF WITHDRAWAL Pursuant to article 15/f.1,g of the Regulation on Distance Contracts published in the Official Gazette dated November 27, 2014 and numbered 29188, it is not possible to use the right of withdrawal for the accommodation service offered by the Seller. In terms of reservation cancellation & change processes, the preliminary Information Form published on the website and the conditions specified in the Agreement are valid between the Parties.
Article 8- RESERVATION CANCELLATION AND CHANGES & PREPAID PAYMENT
With the prepayment made to the Seller's account by any of the methods, a reservation will be created on behalf of the Buyer for the accommodation chosen by the Buyer and for the above-mentioned date range. Unless the prepayment specified by the Seller on the website is transferred to the Seller's account, the reservation requested by the Buyer is not binding for the Seller and its sale and/or reservation to third parties is open. The prepayment made to the seller's account is non-refundable under any circumstances. prepayment is 35% of the above-mentioned total VAT inclusive fee. The Buyer is obliged to pay the entire balance fee to the Seller's account or in cash, until the first day of the above-mentioned reservation date range and in any case before the accommodation service begins to be offered to the Buyer. In case of cancellation or change of the reservation, the Buyer is obliged to pay the Seller's account at the rates stated below, over the total fee stated above, and this fee will not be refunded to the Buyer under any circumstances;
- For cancellations and changes made 9 days before the first day of the reservation date range: THE FULL VAT included fee will be paid to the Seller's account. no refunds apply.
- For Cancellations and changes made between 10 days and 19 days before the first day of the reservation date range: A total of 75% of the above-mentioned VAT included fee will be paid to the Seller's account. If the above-mentioned VAT-inclusive fee has been paid in full at the time of booking 25% is refunded to the Buyer's account.
- For cancellations and changes made between 30 days and 20 days before the first day of the reservation date range: A total of 50% of the above-mentioned VAT included fee will be paid to the Seller's account. If the above-mentioned VAT-inclusive fee has been paid in full at the time of booking 50% will be refunded to the Buyer's account.
Article 9 - RESOLUTION OF DISPUTES In the implementation of the Convention, Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchases the Accommodation Service and in the place of residence are authorized up to the value declared by the Ministry of Customs and Trade. About Consumer Protection No. 6502, in line with the lower and upper limits specified in paragraph 1 of article 68 of the law District/provincial consumer arbitration committees are authorized for consumer demands. In order to resolve all disputes arising from the Agreement between the Parties, Kaş (Antalya) Courts and Enforcement Offices are authorized.
Article 10 – FEES Although the price of the service preferred by the buyer is included in the Contract, it is the price included in the information mail sent to the Buyer after the reservation.
Article 11 - CASE OF DEFAULT AND LEGAL CONSEQUENCES
In the event that the Buyer defaults on his credit card transactions within the framework of the credit card agreement that the cardholder bank has with him/ her, the buyer will pay interest and 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 Buyer and in any event, if the Buyer defaults due to its debt, the Buyer shall be responsible for all damages and losses incurred by the Seller due to the delayed performance of the Buyer's debt.
Article 12 - NOTICES and EVIDENCE AGREEMENT
All kinds of correspondence to be made between the Parties under the contract will be made via e-mail, except for the obligatory cases listed in the legislation. The Buyer accepts, declares and undertakes that in the disputes that may arise from the Contract, the official books and commercial records of the Seller, the electronic information and computer records kept in its own database and servers will constitute binding, definitive and exclusive evidence, and that this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.
Article 13 - APPROVAL TO SEND COMMERCIAL ELECTRONIC MESSAGES The Buyer, about the services, advertisements, announcements, campaigns and activities of the brands operated by Maksivilla or its affiliates and their suppliers and the organizations they cooperate with; gives consent to be informed to the party and to share commercial electronic messages/sms and similar with him in accordance with the law numbered 6563. If the buyer wishes to revoke his consent, Maksivilla Tatil will notify this situation to the communication channels in this contract and Maksivilla will terminate the notification.
Article 14 - EFFECTIVENESS The Contract, which consists of 14 (fourteen) articles, was read by the Parties and concluded and entered into force by being approved by the Buyer electronically on the date of the prepayment made by the Buyer to the Seller's account as mentioned above.