OUR CONTACT INFORMATION

Kalkan mah. Akbel mevki Ardıç sok no 459/1 Kaş / Antalya
Phone: 0850 307 0 865
Fax: 0850 307 0 865
E-mail: [email protected]

Our Support Line

0850 307 0 865

Distance Sales Agreement

Distance Sales Agreement


ARTICLE 1 - PARTIES

LESSOR :


TENANT:


HOLIDAY EASY:

- Commercial Title: Zem Grup Turizm Limited Şirketi

- Address: Altınşehir Mah. Balkan SK. NO: 62/3  Ümraniye/İstanbul

- E-mail address [email protected]

- Telephone : 0850 307 0 865

ARTICLE 2- SUBJECT AND SCOPE OF THE AGREEMENT

LESSOR: It refers to real or legal persons and public institutions organizations, associations, and foundations in the nature of legal persons, which are LEASED to the LEASEE in return for a certain price and generate income, within the scope of this contract and the 'Lease Agreement'.

LEASEE: It means the LEASEE to be delivered by the LEASOR, real or legal person, and public institutions, associations, and foundations in the nature of a legal person.

LEASED: It refers to a house, apart, apartment, villa, or boat suitable for short-term rental, which has a specific announcement number and name, added as an advertisement by informing the 'rental contract' on the PLATFORM by the LEASOR.

WEBSITE: It means www.tatilnekolay.com.

PLATFORM: Refers to the WEBSITE OF TATİLNEKOLAY.

TATİLNEKOLAY: Refers to Zem Group Tourism Limited Company, which is the owner of the PLATFORM.

This Distance Sales Agreement (“Contract”) has been drawn up in accordance with the Consumer Protection Law and the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law on the Protection of the Consumer and the Regulation on Distance Contracts under the Contract. The subject of this agreement is the date determined for the LEASED specified in the contract and the rental price of these dates, where the LEASEE electronically makes a reservation for the short-term lease of the LEASEE through the PLATFORM belonging to Zem Grup Turizm Limited Şirketi (“Holidaynekolay”). As a result, the rights and obligations of the parties are determined in accordance with the provisions of the Law on the Protection of the Consumer and the Regulation on Distance Contracts.

The conclusion of this contract will not prevent the parties from performing the service procurement or service rental provisions separately on the PLATFORM, and the parties accept and declare that Tatilnekolay is not a party in any way in the sale of the service subject to the contract and that it does not have any responsibility and commitment regarding the fulfillment of the obligations of the parties under the Agreement.

ARTICLE 3 – BASIC QUALIFICATIONS AND PRICE OF THE AGREEMENT SUBJECT LEASED

The name of the LEASED Subject of the Agreement, the dates of the reservation, the total rental price and the amount to be paid are as follows.

The payment for the reservations created on the PLATFORM is made through the payment service provider that TATİLNEKOLAY works with and is kept in the payment pool of the payment service provider company until the amounts are transferred to TATİLNEKOLAY and the RENTAL. The balances of the LEASOR will not be transferred to the TATİLNEKOLAY accounts in any way.

ARTICLE 4 - DELIVERY OF THE CONTRACTED LEASED

This contract is submitted as soon as the payment method is switched over to the PLATFORM and has entered into force with the approval of the TENANT on the PLATFORM and is executed by the delivery of the LEASED that the LEASEE has reserved in the LEASEE to the LEASEE. The Subject of the Contract LEASED shall be delivered to the TENANT itself.

ARTICLE 5 - STATEMENTS AND COMMITMENTS OF THE TENANT

The TENANT declares and accepts that the LEASED subject of the contract in the PLATFORM is eligible for the reservation, the reservation price and payment terms, and the Cancellation and Refund Conditions determined by the LEASOR, and has read and is informed and confirms it electronically. The TENANT, as a consumer, can convey his requests and complaints to the LEASOR through the communication channels shared by the LEASOR above.

By confirming this Agreement and the Cancellation and Return Conditions electronically, the TENANT accepts that he has obtained the basic information, suitable dates, pricing, and payment information of these dates, which should be given to the consumer by the LEASEE before the conclusion of this Distance Sales Agreement, in an accurate and complete manner.

The LEASED subject to the contract by the LEASEE will be used with care after it is delivered to him, and no damage or damage will be given to the LEASED subject to the contract. Dismantling, and changing of the furniture in the LEASED subject to the contract and attempts to make repairs other than the authorized service will not be accepted by the TENANT, and the LEASED subject to the contract will not be accepted for this reason.

ARTICLE 5 - STATEMENTS AND COMMITMENTS OF THE TENANT

The TENANT declares and accepts that the LEASED subject of the contract in the PLATFORM is eligible for the reservation, the reservation price and payment terms, and the Cancellation and Refund Conditions determined by the LEASOR, and has read and is informed and confirms it electronically. The TENANT, as a consumer, can convey his requests and complaints to the LEASOR through the communication channels shared by the LEASOR above.

By confirming this Agreement and the Cancellation and Return Conditions electronically, the TENANT accepts that he has obtained the basic information, suitable dates, pricing, and payment information of these dates, which should be given to the consumer by the LEASEE before the conclusion of this Distance Sales Agreement, in an accurate and complete manner.

The LEASED subject to the contract by the LEASEE will be used with care after it is delivered to him, and no damage or damage will be given to the LEASED subject to the contract. Dismantling, relocating, and attempting to make repairs other than the authorized service will not be accepted by the LEASEE in the LEASED subject to the contract, and the damages that occur in the LEASED subject to the contract due to these reasons will be compensated by the TENANT.

Any damage to the LEASED subject to the Agreement during the reservation process will be notified to the LEASEE without delay by the TENANT. The TENANT is obliged to indemnify the damage or loss caused by his own fault, mistake, intention, and/or negligence.

The TENANT accepts and undertakes that the "Damage Deposit" specified in Article 3 of this contract will be collected by the LEASOR at the start date of the reservation. If it is understood that no damage has been incurred at the time of delivery of the LEASED to the LEASOR, a full refund of the deposit will be made by the LEASOR. The TENANT, in case of any damage and/or loss in the LEASED and the expenses incurred, exceeds the deposit; accepts and undertakes that it will request the collection of payments and expenses by sending an additional invoice by the LESSOR.

If the cleaning fee is not paid electronically at the time the reservation is made on the PLATFORM, and the option to be paid at the time of delivery of the LEASEE is chosen by the TENANT, the TENANT accepts and undertakes that he is obliged to pay the said fee in cash and at once, at the time of delivery of the LEASEE.

The TENANT is obliged to make accommodations in the LEASED in accordance with general morality, laws, and mandatory provisions. In this context, in the event that the breach of the relevant obligation by the RENT constitutes a crime and/or misdemeanor, the criminal and/or administrative responsibility belongs entirely to the RENTER.

The TENANT will be understanding towards the neighbors around the LEASED and will avoid any behavior, smell, and noise that may disturb the environment. In addition, illegal substances such as weapons and drugs will not be kept, no illegal activities will be carried out, and the RENTED persons will not be accommodated in the LEASED.

The maximum number of people that can be accommodated in the LEASED is stated on the announcement detail pages and explanations of the PLATFORM. Children over the age of 2 are included in the number of people who will stay in the RENTED. The number of guests specified and/or confirmed on the receipt/document during the rental period will not be exceeded by the TENANT. If the maximum number of people that can be accommodated in the LEASED is exceeded without notifying the LEASOR of the LEASEE, a large number of people will be asked to leave the LEASED or a certain amount of extra fee will be charged. If this fee is not paid, the LEASEE has the right to demand that the LEASEE be vacated immediately from the LEASEE.

In accordance with the law, the identity information of the TENANT and all the people who will stay in the LEASED will be taken and reported to the Identity Notification System at the time of check-in. The TENANT is obliged to pay the judicial and administrative fines that may occur in relation to those who make accommodations without their identity information being included in the contract due to incomplete, incorrect, and/or false identity notification regarding this matter.

The check-in time on the reservation start day is 16.00 at the earliest, 'for cleaning reasons', also check-in is at 23.00 at the latest. Tenant; He cannot enter outside of the specified hours, and if he arrives after the specified check-in time at the latest, he can log in the next day at the beginning of the Platform's working hours (09.00). If the tenant arrives after 23.00, they can complete their entrance by agreeing with the couriers on duty for the villa entrances in the region, according to the required availability. In such cases, you need to plan your vacation easily. the tenant; In case of arrival before or after the specified time, problems arising from not being able to enter, overnight accommodation, inability to find accommodation, etc. Platform cannot be held responsible for any problems. The tenant has to find the place where he will spend the night and pay the accommodation fee himself. The Platform cannot be held responsible for such situations. The departure time at the end of the reservation is 10:00 in the morning at the latest for all our regions. Problems, damages, grievances, etc., arising from the Tenant's late or late evacuation of the villa at 10:00 in the morning. The Tenant is personally responsible for all negativities and will cover all kinds of material damages of the Platform that may arise from these negativities. We strongly remind you that travel plans are made according to these hours so that both parties do not suffer. In case of early departure, the Platform must be informed 24 hours in advance. In case the Tenant leaves the villa without checking the villa due to density, the damage deposit will be sent to a bank account to be notified by the Tenant, and shipping costs will be paid from within the damage deposit. If the tenant leaves early at his/her own request, no refund will be made for the accommodation fee.

The RENTER accepts, declares and undertakes that the additional information entered during the reservation stages is true, valid and up-to-date. In case of violation of this obligation, all material and direct damages incurred by the LEASOR and/or TATİLNEKOLAY will be arranged by the TENANT.

In the event that the LEASEE requests a change in the reservation date, this situation will be notified to the LEASEE by the LEASEE and if the LEASOR approves, this agreement will remain valid. The TENANT also knows and accepts that this request may not be accepted due to non-compliance with the Cancellation and Refund Conditions in this Agreement.

All personal and necessary precautions must be taken while using the LEASED by the TENANT. The TENANT is responsible for the damages caused by the TENANT's own fault and failure to take the necessary precautions. Information about the location, structure and environment of the LEASED, security measures and measures to be taken are explained to the TENANT in the announcement and at the time of delivery. In this context, the TENANT is responsible for the safety of the valuables, money and jewelery he will keep in the LEASED.

As the LEASEE receives the LEASED at the end of the rental period; It is obliged to deliver it in full, intact, complete and not damaged or damaged. In case of late delivery of the leased property by the TENANT, all material and direct damages incurred by the LEASOR and/or HOLIDAY will be compensated by the TENANT.

In the event that there is a deficiency other than the issues specified in the LEASED, and there is a deficiency that needs to be corrected by the LEASOR during the rental period, the TENANT shall notify the LEASOR of this matter without delay, within 24 hours after the arrival time at the latest. After notification, the said deficiency will be corrected by the LESSOR within 48 hours at the latest. If the notification regarding this deficiency is not made within the time limit, no demand will be made from the LEASOR due to the deficiency.

If the LEASEE has the remaining payment amount for the total reservation price and this amount has not been paid by the LEASEE to the LEASEE at the beginning of the reservation, the LEASEE has the right to terminate the contract and not to refund the prepayment fee collected at the time the contract is concluded and to demand the remaining amount. The TENANT declares, undertakes and accepts that the prepayment made is non-refundable and will pay the entire remaining amount to the LEASOR within 14 working days in cases where he/she does not pay this amount due to force majeure and/or contrary to the cancellation policies specified in the announcement details and does not enter the LEASED to make the reservation.

Whether or not the electricity and water expenses in the period between the reservation entry and exit dates of the LEASED subject to this contract are included in the price shall be paid by the TENANT or the LEASOR as clearly stated on the announcement detail page of the LEASED subject to the contract in the PLATFORM. If it is clearly stated that the costs of services such as electricity and water are not included in the reservation price, in this case, the TENANT shall carry out a meter check by the LEASOR on the day of departure, and as a result of this check, the LEASOR will notify him of the damage, not exceeding 10% of the total reservation price, and the amount paid to the LEASOR. agrees to be deducted from the deposit. If the amount is higher than the damage deposit, the TENANT agrees, undertakes and declares that it will pay the remaining amount to the LEASOR within 72 hours.

Reservation cancellation/refund requests to be made by the TENANT will be made to the e-mail addresses on the PLATFORM, and any document requested by the PLATFORM will be forwarded to the LEASOR and TATİLNEKOLAY.

ARTICLE 6 - DECLARATIONS AND COMMITMENTS OF THE LESSOR

The LEASEE is obliged to deliver the LEASED subject to the Agreement to the LEASEE on the specified date, with the determined reservation price, in accordance with the Consumer Legislation. If the LEASEE cannot deliver the LEASED subject to the contract on the specified dates due to force majeure, the LEASEE is obliged to notify the LEASEE of the situation as soon as possible. Otherwise, the TENANT is obliged to return the reservation price paid by the TENANT up to that point within 72 hours in order to eliminate the grievances that the TENANT will experience.

The LEASEE shall deliver the LEASED to the LEASEE in full, intact and complete, as stated in the announcement. Otherwise, the LEASEE is obliged to correct the deficiencies requested by the TENANT within 48 hours since the announcement is stated in detail.

The LEASOR may cancel the reservation prior to the beginning of the rental period, with a reasonable reason. In this case, the LEASEE accepts, undertakes and declares that it will pay the PLATFORM commission fee to TATİLNEKOLAY in addition to returning all the payment made by the LEASEE to the account number to be transmitted to him by the PLATFORM.

In the event that any of the items in the LEASED are damaged by the TENANT, the damage will be recorded by the LEASEE. The LEASEE has no obligation to pay the damage and/or damages to the LEASEE that the LEASEE has not recorded.

ARTICLE 7 – TERMINATION OF THE AGREEMENT, VIOLATION OF THE AGREEMENT BY TERMINATION AND FORCE MAJEURE

In the event of force majeure, the TENANT and the LEASOR may request to terminate this contract officially with the methods specified by the PLATFORM. In this case, both parties accept, undertake, and declare that they will abide by the decision to be taken according to this contract.

Force majeure is the matters listed below, provided that it is not limited, that prevents or delays the performance of contractual responsibilities in whole or in part, cannot be avoided or predicted, and is not limited.

Force majeure; Unable to make rentals, prohibition of rentals due to unforeseen circumstances such as fire, flood, landslide, epidemics, warfare, state of emergency, widespread violence, laws, regulations, regulations, decisions of competent authorities, sabotage, etc. The contract may be suspended with the notification to be made if obstacles occur, the leasee is not delivered, the leased property cannot be repaired or the repair takes a long time.

In case the force majeure continues for more than 1 (one) month and in this case the expected benefit from the rental disappears, the TENANT will be given the right to set a new reservation date. In this case, the TENANT may make a new reservation for the following periods or may request a refund of the advance payment made to the LEASOR with a written notification. In the new reservation to be made, the LEASED must be available, has not been affected by force majeure, and is approved by the LEASOR.

In all cancellation/refund requests other than force majeure, the detail page of the announcement and the cancellation conditions in this contract will be valid, and neither the TENANT nor the LEASOR accepts, undertakes and declares that they will not make any demands other than this ARTICLE 9 - CANCELLATION POLICIES.

In ANNEX-2 FLEXIBLE CANCELLATION purchases, there may be changes and additions due to force majeure and this situation is within the scope of special exceptions.

ARTICLE 8 – RESOLUTION OF DISPUTES

Complaints and objections in disputes arising from this Agreement will be made to the Arbitration Committee for Consumer Problems or to the consumer court in the province where the TENANT is located or where the TENANT is performing the transaction, within the monetary limits that are announced in January every year. For the applications in question, mediation will be sought first, and if the mediation negotiations do not yield results, the consumer courts will be applied, and in places where there is no consumer court, the civil courts of first instance will be applied.

ARTICLE 9 – CANCELLATION POLICIES

9.1. The TENANT shall be deemed to have read and understood the Cancellation Conditions stated on the advertisement detail page on the PLATFORM, after making the reservation. In cases where the TENANT wishes to cancel the reservation, the LEASOR may refund the fee or collect it depending on the situation, by the 'ANNEX-1 CANCELLATION CONDITIONS' clearly stated on the ad detail page and the same.

9.2. RENTER; They can choose the cancellation transactions related to the service within the framework of the "RENTAL AGREEMENT" and the "ANNEX-1 CANCELLATION CONDITIONS", which is one of the annexes and inseparable parts of this "DISTANCE SALES AGREEMENT". The TENANT can perform the cancellation process within the framework of the cancellation conditions chosen by the LEASOR.

Exceptional; For the purchase of 'ANNEX-2 FLEXIBLE CANCELLATION', the 'Flexible Rule Type' in the 'ANNEX-1 CANCELLATION CONDITIONS' will be valid.

9.3. The PLATFORM allows the LEASE to choose between 2 Standard cancellation conditions (Flexible Rule Type and Strict Rule Type) that protect the LEASEE and the TENANT.

9.4. The RENTER has the right to cancel the reservation unconditionally within 24 hours. If the TENANT has made any payment during this process, it will be refunded or not, taking into account the 'time when the request is created'.

('' Reservation cancellation must be made by the TENANT in writing to the Platform's Tatilnekolay: Rental Villas and Prices, Villa Rental addresses.'' )

9.5. A Timeout Date (Flexible Rule Type and Strict Rule Type) has been set for all packages that regulate cancellation conditions. After the expiry of the 1-day free cancellation period, the reservation can be canceled until the Timeout Date and receive a refund or payment depending on the Rule type to which it is subject.

9.6. In certain risks, the Lessor may request that the remaining payment be made until or after the Timeout Date. As of the Timeout Date, the reservation becomes final and in case of cancellation, the payments made through the platform are not refundable.

9.7. The reservation is finalized even if the 1-day free cancellation period has not expired at the time of the Expiry Date; For reservations confirmed after this date, the 1-day free cancellation rule does not apply. As of this date, the reservation fee is charged.

9.8. The PLATFORM may mediate between the LESSEE and the LESSOR in any unfavorable situation.

9.9. If the TENANT wishes to leave the accommodation early as a result of the reservation he has made, he cannot request a refund for the days he has not stayed.

9.10. Only in the following cases, the "TENANT" has the right to cancel the reservation unconditionally. (Force Majeure)

1st-degree death

Natural disaster in the destination area.

RESERVATION CANCELLATION CONDITIONS ( SOLID RULE TYPE )

The RENTER has the right to cancel the reservation unconditionally within 24 hours. If the TENANT has made any payment during this process, it will be refunded or not, taking into account the 'time when the request is created'.

("Reservation cancellation must be made in writing by the TENANT to the e-mail addresses of the platform." ) In cases where the lessor cancels the reservation, the tenant can protect his rights with 2 options. The tenant can make a new lease with the amount paid. There will be a min-max 10% deviation from the previous reservation amount. The total amount paid, excluding Tatilnekolay buyer commissions (including additional services), will be refunded to the Tenant. If the reservation is canceled by the Tenant up to 60 days before the check-in time, 50% of the total reservation amount will be refunded and a 50% deduction will be applied. In cases where 50% of the total reservation amount is not collected and for cancellations made up to 60 days before, the remaining difference is charged to the Tenant. All additional services are included in the account. If the reservation is canceled by the Tenant with Timeout and less than 60 days before the check-in time, no refund will be made and the remaining fee, if any, will be charged with a 100% deduction. The remaining payment is made by the Tenant until the Timeout date if stated otherwise. Reservation or date change requests submitted by the Tenant are made by Tatilnekolay.com if approved by the Lessor. The Tenant agrees to pay the differences that may arise in the reservation change requests. If the Lessor does not approve, the Tenant can take action by the 'ANNEX-1 CANCELLATION CONDITIONS'.

RESERVATION CANCELLATION CONDITIONS (FLEXIBLE RULE TYPE)

The RENTER has the right to cancel the reservation unconditionally within 24 hours. If the TENANT has made any payment during this process, it will be refunded or not, taking into account the 'time when the request is created'.

("Reservation cancellation must be made in writing to the e-mail addresses of the platform by the TENANT." ) In cases where the Lessor cancels the reservation, the entire amount paid is returned to the Tenant. If the reservation is canceled by the Tenant up to 29 days before the check-in time, part of the amount excluding Tatilnekolay buyer's commission and additional services will be refunded. If the reservation is canceled by the Tenant between 7 days and 29 days before the check-in time, 50% of the total reservation amount will be refunded and a 50% deduction will be applied. If 50% of the total reservation amount is not collected and for cancellations with less than 29 days left, the remaining difference will be charged to the Tenant. All additional services are included in this account. If the reservation is canceled by the Tenant with Timeout and less than 7 days before the check-in time, no refund will be made and a 100% deduction will be applied, if any, the remaining fee will be charged. The ongoing free cancellation process ends. The remaining payment is made by the Tenant until the Timeout date if stated otherwise. Reservation or date change requests submitted by the Tenant are made by Tatilnekolay.com if approved by the Lessor. The Tenant agrees to pay the differences that may arise in the reservation change requests. If the lessor does not approve, the transaction is carried out in line with the Tenant's 'ANNEX-1 CANCELLATION CONDITIONS'.

ARTICLE 10 – PRICE OF THE RENTED RESERVATION

10.1. Although the reservation price of the LEASED is included in the reservation form made on the PLATFORM, it is the price available in the contract content sent to the TENANT as a result of the reservation. Discounts, coupons, and other price changes made by the LEASOR or the PLATFORM are reflected in the sales price.

10.2. The platform can determine its commission rate for a villa in its portfolio that does not have a contract. Each Lessor is a different individual, individual, institution, and companies. The Platform invoices the villas of individuals, individuals, institutions, and companies in the amount of the service fee by the Platform for reservations that can be made through the Site. (Including additional services if purchased)”

ARTICLE 11 - TAXATION AND INVOICE

11.1. None of the villas published on the www.tatilnekolay.com website belong to the Platform.

11.2. Apart from the fee invoiced by the Platform, the remaining amount is the responsibility of the Lessor, therefore the Lessor invoices the remaining amount and the Platform is not responsible and cannot be held responsible for this.

11.3. The lessor is obliged to submit a declaration for rental income. Advertisers who are not taxpayers cannot issue invoices, they can only file tax returns.

11.4. Businesses or commercial facilities that have a "Lower" and operating certificate through the "Site" are obliged to issue an invoice to the Tenant for the fee they collect from the Tenant through the "Site".

ARTICLE 12 – NOTICES and EVIDENCE AGREEMENT

Any correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the Law. The Tenant states that the official books and commercial records of the Lessor and Tatilnekolay, as well as the electronic information and computer records kept in their database and servers, will constitute binding, final and exclusive evidence in case of disputes arising from this Agreement, and that this article is in accordance with Article 193 of the Code of Civil Procedure. It accepts, declares and undertakes that it is in the nature of an evidential contract within the meaning of the article.

ARTICLE 13 - ENFORCEMENT

This Agreement, which consists of 13 (thirteen) articles, was read by the Parties and signed by the TENANT electronically and entered into force immediately.



LESSOR :                      TENANT :