Distance Selling Agreement

1. PARTIES

This Distance Selling Agreement (“Agreement”) has been entered into on ....../....../............. by and between:

Buyer: ‘........................’ (Trade Name/Name-Surname to be written), residing at ..................; (hereinafter referred to as the “Buyer”)

Seller: Fokus Turizm İnş. ve Dan. Tic. A.Ş. (Cape Bodrum Luxury Hotel & Beach), residing at Gündoğan Mah. Kızılburun Cd. No: 72A/1 Bodrum, Muğla; (hereinafter referred to as the “Seller”)

The Buyer and the Seller shall be individually referred to as a "Party" and collectively as the "Parties".

By accepting this Agreement, the Buyer acknowledges, declares, and undertakes in advance that if they approve the reservation subject to the Agreement, they will be under the obligation to pay the price of the reservation, additional service fees, and applicable taxes, and that they have been informed about this matter.

2. DEFINITIONS

In the application and interpretation of this Agreement, the following terms shall have the meanings written across them:

Minister: The Minister of Customs and Trade,
Ministry: The Ministry of Customs and Trade,
Law: The Law on the Protection of Consumers No. 6502,
Regulation: The Regulation on Distance Contracts (Official Gazette: 27.11.2014 / 29188),
Service: The subject of any consumer transaction other than providing goods, performed or committed to be performed in return for a fee or benefit,
Site: The website belonging to the Seller,
Order Placer: The real or legal person requesting a good or service through the website of the Seller,
Goods: Movable property subject to shopping and intangible goods such as software, audio, images, and similar prepared to be used in electronic environment.

3. SUBJECT OF THE AGREEMENT

This Agreement regulates the rights and obligations of the Parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts regarding the sale of the service, the characteristics and sales price of which are specified below, reserved by the Buyer electronically via the website of the Seller.

The prices listed and announced on the Site are the sales prices. The announced prices and promises are valid until they are updated or modified. Prices announced for a specific period are valid until the end of the specified period.

4. SELLER INFORMATION

Title: Fokus Turizm İnş. ve Dan. Tic. A.Ş.

Address: Gündoğan Mah. Kızılburun Cd. No: 72A/1 Bodrum, Muğla

Phone: +90 252 387 06 00

Fax: +90 252 387 06 01

Email: reservations@capebodrum.com.tr

5. BUYER INFORMATION

Phone:

Fax:

Email / Username:

6. ORDER PLACER INFORMATION

Name-Surname / Title:

Address:

Phone:

Fax:

Email / Username:

7. INFORMATION ON THE SERVICE/SERVICES SUBJECT TO THE AGREEMENT

7.1. The basic characteristics of the service (type, duration, scope of service, etc.) are published on the Site by the Seller. If a campaign is organized by the Seller, the basic characteristics of the relevant service will be kept available for review throughout the campaign period. The campaign and its terms are valid during the campaign date and/or until the notification date to be published by the Seller.
7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated or modified. Prices announced for a specific period are valid until the end of the specified period.
7.3. The sales price of the service subject to the Agreement, including all taxes, is shown below. The prices specified on the site are nightly accommodation prices, and services other than those specified below and in the reservation will be subject to an additional fee. In the event that a service other than those specified in the reservation is utilized, the fees for these services will be charged separately. Accommodation dates, names of the guests, the type of facility-room where the accommodation will be made, and the accommodation system are included in the introductory page published on the website of the Seller and in the reservation records made by the consumer, and these records are an integral part and annex of this Agreement.
7.4. For reservations made through online platforms or the Site, the reservation will be finalized upon full payment of the service fee by the Buyer. The Buyer shall pay the Agreement price to the bank accounts specified on the Site or to the virtual POS provider contracted by the Seller using a supported payment method.

8. BILLING INFORMATION

Name-Surname / Title:

Address:

Phone:

Fax:

Email / Username:

Invoice Delivery:

9. GENERAL PROVISIONS

9.1. The Buyer acknowledges, declares, and undertakes that they have read the preliminary information regarding the basic characteristics, sales price, and payment method of the service subject to the Agreement on the website of the Seller and have given the necessary confirmation in electronic environment. By confirming the Preliminary Information electronically, the Buyer acknowledges, declares, and undertakes that they have obtained the basic characteristics of the services provided, the price of the service including taxes, and the payment information accurately and completely prior to the establishment of the Distance Selling Agreement.
9.2. The Seller may provide a different service of equal quality and price by informing the Buyer and obtaining their explicit consent before the fulfillment obligation arising from the Agreement expires.
9.3. If the Seller fails to fulfill its obligations under the Agreement due to the impossibility of fulfilling the service subject to the reservation, it acknowledges, declares, and undertakes that it will notify the consumer in writing within 3 days from the date it learns of this situation and will refund the total price to the Buyer within 14 days.
9.4. If the Seller cannot provide the service subject to the Agreement under the agreed conditions due to force majeure events such as circumstances that develop beyond the will of the parties, are unpredictable, and prevent and/or delay the parties from fulfilling their obligations, it acknowledges, declares, and undertakes that it will notify the Buyer of the situation. The Buyer has the right to request the cancellation of the reservation, the replacement of the service subject to the Agreement with its precedent, if any, and/or the postponement of the period regarding the provision of the service until the preventive situation disappears. In case of cancellation of the reservation by the Buyer, for payments made in cash, the product amount is paid to them in cash and in lump sum within 14 days. For payments made by the Buyer via credit card, the service amount is returned to the relevant bank within 14 days after the order is canceled by the Buyer. The Buyer acknowledges, declares, and undertakes that the average process for the bank to reflect the amount returned to the credit card by the Seller to the Buyer's account may take 2 to 3 weeks, and since the reflection of this amount to the Buyer's accounts after its return to the bank is entirely related to the bank transaction process, the Buyer cannot hold the Seller responsible for possible delays.
9.5. The Seller has the right to contact the Buyer for communication, marketing, notification, and other purposes via letter, e-mail, SMS, phone calls, and other means through the address, e-mail address, landline and mobile phone lines, and other contact information specified by the Buyer in the registration form on the site or updated subsequently by themselves. By accepting this Agreement, the Buyer acknowledges and declares that the Seller may engage in the aforementioned communication activities in accordance with the Personal Data Protection Law No. 6698.
9.6. In the event that the credit card holder used during the reservation and the Buyer are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the service is provided to the Buyer, the Seller may request the Buyer to submit the identity and contact information of the credit card holder, the statement of the credit card used in the reservation for the previous month, or a letter from the cardholder's bank stating that the credit card belongs to them. The reservation will be frozen during the period until the Buyer provides the requested information/documents, and if the said requests are not met within 24 hours, the Seller has the right to cancel the reservation.
9.7. The Buyer declares and undertakes that the personal and other information provided to the Seller while becoming a member of the Seller's website or making a reservation is true, and that they will indemnify all damages incurred by the Seller due to the untruthfulness of this information immediately, in cash, and in lump sum upon the first notification of the Seller.
9.8. The Buyer accepts and undertakes from the beginning to comply with the legal regulations and not to violate them while using the website of the Seller. Otherwise, all legal and criminal liabilities arising shall bind the Buyer completely and exclusively.
9.9. The Buyer may not use the website of the Seller in any way that disrupts public order, violates general morality, disturbs or harasses others, for an unlawful purpose, or in a way that infringes upon the material and moral rights of others. In addition, members may not engage in activities (spam, virus, trojan horse, etc.) or transactions that prevent or complicate others from using the services.
9.10. Through the website of the Seller, links may be provided to other websites and/or other contents that are not under the control of the Seller and/or owned and/or operated by other third parties. These links are placed for the purpose of providing ease of orientation to the Buyer and do not support any website or the person operating that site, nor do they constitute any guarantee for the information contained in the linked website.
9.11. The member who violates one or more of the articles listed in this Agreement shall be personally, criminally, and legally responsible for this violation and shall hold the Seller harmless from the legal and criminal consequences of these violations. Furthermore, if the dispute is transferred to the legal field due to this violation, the Seller reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
9.12. The customer is responsible for all direct and indirect damages caused to the fixtures in the hotel or in the common areas during the accommodation.
9.13. Identity and age checks are performed at the entrance to the facility. In the event that a price difference arises due to a false or incomplete declaration, the Buyer accepts and undertakes without objection that these fees will be collected from them during check-in at the facility.
9.14. The Buyer acknowledges, declares, and undertakes that the Seller shall not be responsible for any loss and/or damage in the accommodation facility or for the theft of their valuable belongings.
9.15. The Buyer/Buyers acknowledge, declare, and undertake in advance that regardless of their arrival time at the hotel, settling into the rooms is possible at the earliest at 14:00, and on the day of departure, the rooms must be vacated at the latest at 12:00 regardless of the departure time from the facility, and that the fees for extra food-beverage and out-of-system services they receive at the facility belong to them.
9.16. The Buyer/Buyers who do not have a signature in this Agreement but participate in the service subject to the contract shall be deemed to have accepted and committed to the provisions of the agreement upon the reading and signing of this agreement by the persons they have authorized to register on their behalf. The Seller reserves the right of recourse to other Buyers for the collection of the excess amount or service fee paid to the persons whose signatures are present in the Agreement.

10. CANCELLATION, REFUND, AND CHANGES IN RESERVATION

10.1. In the event that the Buyer requests cancellation or modification up to 15 days prior to the check-in date at the Seller's facility, the full fee will be refunded. Except for cases where the Buyer documents the illnesses or deaths of themselves or their first-degree relatives preventing their customary occupation for 10 days with an official report, the Buyer shall be responsible for 35% of the total price for cancellations and modifications made 15-7 days prior to the check-in date, and for the entirety of the total price for cancellations and modifications made less than 7 days prior to the check-in date, and undertakes to pay these amounts to the Seller.
10.2. If the Buyer wishes to cancel or modify a promotional reservation they have purchased for any reason, they accept and undertake to pay 35% of the total price up to 7 days prior to check-in, and the entirety of the accommodation fee if less than 7 days remain.
10.3. If the Buyer wishes to change the date of the service purchased during the promotional reservation period for any reason, they accept that the reservation change will be made without discount based on the list prices valid on the date of the request.
10.4. In the event that the Buyer does not notify in writing that they cannot go/arrive at the Seller's facility where they will stay, the Seller has the right to cancel all reservations made on behalf of the Buyer at the end of the first 24 hours following the start date of the accommodation. No refund shall be made to the Buyer in such cancellations.
10.5. The Seller must fulfill its performance within the period it has committed from the date the Buyer's reservation reaches it. In the event that the Seller fails to fulfill its obligation, the Buyer may terminate the agreement. In case of termination of the agreement, the Seller is obliged to return all collected payments to the Buyer within fourteen days from the date the notification of termination reaches it, and to return all valuable papers and similar documents, if any, that put the Buyer under obligation.
10.6. Modification requests regarding details other than the date in the Buyer's reservation will be taken into consideration provided that they are notified to the Seller at the latest 7 days prior to the start date of the service received. The Seller shall handle this modification request within the bounds of possibility; the Buyer acknowledges, declares, and undertakes that they will not raise any objection to the Seller or hold the Seller responsible due to modification requests that cannot be realized.
10.7. In case of early departure from the Seller's facility, the Buyer acknowledges, declares, and undertakes that they are responsible for paying the entirety of the Agreement price and will pay this price to the Seller.

11. DEFAULT AND LEGAL CONSEQUENCES

The Buyer acknowledges, declares, and undertakes that if they default in the event that they make their payment transactions by credit card, they will pay interest and be responsible to the bank within the framework of the credit card agreement between them and the cardholder bank. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees incurred from the Buyer, and under all circumstances, in the event that the Buyer defaults due to their debt, the Buyer acknowledges, declares, and undertakes that they will pay the damage and loss suffered by the Seller due to the delayed performance of the debt.

12. AUTHORIZED COURT

In disputes arising from this Agreement, complaints and objections shall be filed with the Consumer Arbitration Committees or Consumer Courts at the place where the consumer's residence is located or where the consumer transaction is made, within the current monetary limits announced annually by the Ministry.

13. ENFORCEMENT

When the Buyer performs the payment for the reservation placed through the Site, they shall be deemed to have accepted all the terms of this Agreement. The Seller is obliged to make the necessary software arrangements to ensure that confirmation is obtained showing that this Agreement has been read and accepted by the Buyer on the Site prior to the realization of the reservation.