Distant Service Sales Agreement:
Title of the Company : YAŞMAK TURİZM VE TİCARET A.Ş
Tax Department : MARMARA KURUMLAR (Marmara Establishments)
Tax Number : 940 001 3295
MERSİS Number :
Address : Ebu Suud Cad. No:16-20 Sirkeci/Fatih/Istanbul
Phone : +90 212 528 13 43
Fax: +90 212 512 87 23
E-mail : email@example.com
Web : www.thesoulhotel.com
1.2. Details on the Consumer
First Name :
Family Name :
Identification Number of the Republic of Turkey :
Passport No. :
This here present agreement is signed by and between YAŞMAK TURİZM VE TİCARET A.Ş (hereinafter referred to as YAŞMAK GROUP HOTELS) located in the address of Ebu Suud Caddesi No:16-20 Sirkeci/Fatih/Istanbul and using the contact phone number +90 212 528 13 43 and on the other side the individual who has logged in to the web sites www.thesoulhotel.com and completed a reservation procedure (hereinafter referred to as CONSUMER); and it shall be based on the details of address, identity and communication information of the consumer, provided during the log in procedure.
1- The Consumer who buys an accommodation via our web site, is liable at paying immediately the total fee of the service. The reservation is not to be deemed as definite till total payment is executed.
2- In case of any increase in the agreement fee, the difference shall not be requested from the consumer, on the other hand deductions named by YAŞMAK GROUP HOTELS as “action” shall not be returned to the consumer either.
3- The Consumer, in case shall not be able to be present for the date bought as accommodation service, can transfer its reservation onto a third party who shall fulfill all conditions and terms of the agreement, informing YAŞMAK GROUP HOTELS latest 7 days prior of the accommodation starting date. Under these circumstances, the transferor/s and the transferee/s, shall be severally liable to YAŞMAK GROUP HOTELS, for the balance amount and all additional charges, arising from the transfer in subject. YAŞMAK GROUP HOTELS shall not accept any responsibility in case the consumers do not have their visa, or could not obtain their visa till the date of their accommodation although they have applied for one and shall collect total amount of the accommodation fee from the transferor and transferee (severally). In case the transferee has not the same status than the transferor, the transfer shall not be executed or the transfer shall completed by cancelling already applied special deductions.
4- YAŞMAK GROUP HOTELS may change partially/totally the reservation or cancel it, before or during the service, due to the reasons not arising from the consumer. The consumer may either accept these changes or accept another alternative service recommended by YAŞMAK GROUP HOTELS. In case the Consumer does not accept the changes, s/he ,s entitled to cancel his/her reservation and take back, under the frame of the agreement, all the fee s/he has paid. YAŞMAK GROUP HOTELS may cancel or postpone the reservation due to force major cases such as strikes, terrorism, possibility of war, unpredictable technical issues and similar reasons which are not allowing the service to commence or continue, although it has proved due diligence. For cancellations on the part of the Consumer, made 2 days prior to the start of accommodation date, the fee shall be paid back to the consumer, with no charges; reservation cancellations not made in due time, shall be subject to a payment of 1 night stand. . The consumer declares, accepts and undertakes that for reservations with no refund, the fee shall not be returned; that in such cases if the consumer requests a cancellation fee, it shall not be applied and s/he shall pay total agreement fee to YAŞMAK GROUP HOTELS . In case of a demand from the Consumer on changing the service, under the condition that this change is approved by YAŞMAK GROUP HOTELS, the Consumer is liable to pay immediately, as soon as his/her request of change is approved, the price difference between previous and actual service. However, if the price of the new service is lower than the previous one, then YAŞMAK GROUP HOTELS shall pay the difference back to the Consumer. Any medical conditions of the Consumer or his/her first degree relatives, which coincide with the period of 10 days of his/her accommodation and prevent him/her to do so, shall be accepted as to cancel the reservation, under the condition that it is proved by an official medical report obtained from a fully equipped state hospital or by a justifying document in case of death; and except the obligatory taxes, duties and charges arising from similar legal liabilities and the fees paid to the third parties which can be documented but not possible to be taken back, the fee paid by the Consumer shall be paid back to him/her. Under these circumstances, medical report and other documents shall be presented before the commencement of the service. In case the Consumer informs in written that s/he shall take the accommodation which s/he missed the commencement date; YAŞMAK GROUP HOTELS shall be untitled to cancel all reservations and services on the name of the consumer after 24 hours. No price return is in subject to the consumer in such cancellations.
5- YAŞMAK GROUP HOTELS and the Consumer shall fulfill their liabilities arising from this agreement in due diligence.
6- YAŞMAK GROUP HOTELS, is liable at transmitting Pre-briefing Form/ Voucher/Mail, containing information on the nature of the service in subject, its sales price and payment terms, to the Consumer as provided by the article 8 of this agreement. YAŞMAK GROUP HOTELS is not responsible for the situations arising from the Consumer and personal responsibilities of third parties.
7- Consumers who are purchasing the service by credit card, have to transmit to the bank of the credit card, their requests concerning early payment, decrease of installments and they are responsible to make the payments to the branches defined by the bank. When Consumers cancel for any reason, a service which they have purchased with their credit card by installments, YAŞMAK GROUP HOTELS shall return the fee it has collected from the credit card, to the credit card of the Consumer. The return shall be performed on the credit card of the Consumer, based on the business conditions of the banks. Bank conditions are also to be respected for return of the payments made by installments and in case of return to the credit card by installments, YAŞMAK GROUP HOTELS has no liability and has no possibility to interfere into.
8- YAŞMAK GROUP HOTELS can perform all transmission of information the Consumer manually in written or by permanent data provider (e-mail, short text messages, disc, CD/DVD, memory card and similar devices or media). The Consumer, due to his/her duty of care, is liable for informing YAŞMAK GROUP HOTELS about the non-execution or non-due diligence in execution of the agreement, within 30 days starting from the date of the execution of the service or from the date it should be executed. All information provided after this period shall remain invalid. The Consumer accepts and declares that the information of cell phone, e-mail, fax, etc. s/he has given to the employees and/or web sites of YAŞMAK GROUP HOTELS during reservation process, allows bulletin messages of web sites campaigns. In case the Consumer declares that s/he doesn’t want to receive announcements and notices on his/her communication channels, YAŞMAK GROUP HOTELS undertakes to stop e-mail, SMS, fax and mail messages.
9- The jurisdiction in case of any disputes which may arise from this here present agreement, is on the Republic of Turkey’s Execution Chambers and Courts, Arbitration Committees of Consumers of Istanbul and other establishments that are authorized by the law. In case one or more than one articles of the Agreement become void for any reason, the remaining articles of the agreement shall not be affected of this situation and shall remain in force. This here present agreement is issued as per the provisions of the Code with number 6502 on Protection of Consumer, and provisions that are not provided by this agreement shall be under the jurisdiction of the dispositions of the Code with number 6502 and relating regulation dispositions. The Consumer shall be deemed as accepting and undertaking the provisions of this agreement once it is undersigned / approved on electronic media.