BEHERBERGUNGSVERTRAG

BEHERBERGUNGSVERTRAG

BEHERBERGUNGSVERTRAG

1. PARTIES

1.1. This Accommodation Agreement (“Agreement”) is entered into between Neptün Turizm Ticaret A.Ş., having its address at Sığacık Mahallesi, Akkum Caddesi No: 175, Seferihisar/İzmir/Türkiye, hereinafter referred to as the “RESORT”, and the customer who provides and confirms their personal information by telephone, hereinafter referred to as the “CUSTOMER.”

1.2. The RESORT and the CUSTOMER shall each be referred to individually as a “Party” and collectively as the “Parties.”

2. SUBJECT OF THE AGREEMENT, SERVICE AND DURATION

2.1. This Agreement constitutes a Distance Sales Contract within the scope of Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts. The Parties acknowledge and undertake to comply with their respective obligations and responsibilities arising from the applicable legislation and this Agreement.

2.2. The subject of this Agreement is the purchase by the CUSTOMER, on the dates specified in the reservation, of the accommodation service to be provided by the RESORT, together with the general terms and conditions applicable to the service and the mutual rights and obligations of the Parties.

2.3. The Parties agree and undertake to provide and receive the services specified under this Agreement in accordance with the applicable terms and conditions. Such services are individually referred to as a “Service” and collectively as the “Services.”

2.4. The CUSTOMER declares that they have been informed about the accommodation rules, reservation rules and applicable tariffs and accepts and undertakes to comply with such rules and tariffs.

2.5. This Agreement shall enter into force on the date on which the Service is purchased and shall automatically terminate upon completion of the Service. However, the Agreement shall remain in force until any dispute arising between the Parties has been finally resolved.

3. ABOUT THE RESORT

3.1. The RESORT is located on a peninsula approximately the size of 12 football pitches and operates as a holiday village.

4. PAYMENT, PAYMENT METHOD AND INVOICING

4.1. The total fee payable for the Services includes VAT.

4.2. Following the conclusion of the Agreement and confirmation of the reservation, the CUSTOMER shall receive a payment link via e-mail or mobile telephone. Payments are collected electronically through a system protected by 3D Secure. The RESORT shall never request the CUSTOMER’s credit card details by e-mail, telephone or any other means.

4.3. At check-in, the CUSTOMER must present the original credit card used for payment or a photocopy of the front side of such credit card for security purposes. The RESORT shall not be responsible for any issues arising where the CUSTOMER fails to comply with this requirement.

4.4. Following payment, the reservation information shall be sent to the e-mail address provided by the CUSTOMER.

4.5. The invoice shall be issued and delivered to the CUSTOMER upon departure. If the CUSTOMER does not receive the invoice, they may contact the RESORT and request that it be sent to the address provided by the CUSTOMER. The RESORT shall not be responsible for any failure to deliver the invoice resulting from an incorrect address, absence of the recipient or the lack of a person available to receive it. An electronic invoice sent to the e-mail address provided by the CUSTOMER shall be deemed to have been duly delivered.

5. ACCOMMODATION CONDITIONS

5.1. Each guest must present valid identification documents. The information relating to the Service shall be checked against the identification document. The CUSTOMER shall be responsible for any additional charges arising from incorrect or inaccurate information provided by the CUSTOMER.

5.2. Check-in time is 15:00. Before this time, the earliest possible room delivery is at 15:00. If an earlier room allocation is available upon request, an additional fee equivalent to one night’s accommodation per room may be charged.

5.3. Check-out must be completed no later than 12:00. If the room is handed over after 14:00, an additional fee equivalent to one night’s accommodation shall be charged.

5.4. If the CUSTOMER wishes to extend their stay, they must notify the RESORT at least one day before the scheduled end of the stay. Subject to availability, the extension may be provided at the current applicable price. The RESORT does not guarantee that an extension request will be accepted.

5.5. Pets may be accommodated subject to an additional charge determined according to the number of nights and the number of pets. The CUSTOMER shall be responsible for any damage caused by their pet. Pets are not permitted in common areas such as restaurants and swimming pools and must not be left unattended.

5.6. Pets of non-dangerous breeds may be accepted subject to the applicable rules and limits on the number of animals. A reservation for the pet must be made in advance. Pets brought to the RESORT without prior notification may be refused. If the pet is refused, an amount equivalent to one night’s accommodation fee, together with all bank transaction fees and applicable charges, shall be deducted, and the remaining amount shall be refunded to the CUSTOMER within 30 business days through the same payment method used for the payment.

5.7. The CUSTOMER shall pay for any additional Services requested or provided after the room has been handed over.

6. RESERVATION CHANGES, CANCELLATION, REFUND AND OTHER ACCOMMODATION CONDITIONS

6.1. Requests to change the Service may be submitted verbally or in writing through the RESORT’s communication channels, using the reservation number and the CUSTOMER’s personal information, including through the RESORT’s website at www.neptunclubhotels.com or by telephone.

6.2. Requests for changes must be submitted no later than 15 days before the scheduled start date of the Service. Requests submitted after this period may be accepted or rejected at the discretion of the RESORT.

6.3. Any price difference resulting from a requested change must be paid in full. If the applicable price difference is not paid within 48 hours, the requested change shall be deemed invalid.

6.4. Where a change request is submitted at least 15 days before the scheduled start of the Service, for reasons other than a documented serious illness of the CUSTOMER or a first-degree relative that prevents normal activities for 10 days, or the death of the CUSTOMER or a first-degree relative, the CUSTOMER shall pay a TRY 1,000.00 processing fee. The Parties accept the applicable TÜRSAB rules and International NO-SHOW rules.

6.5. Where a cancellation is made 15 days or more before the scheduled start date of the Service, the applicable bank transaction fees and charges shall be deducted and the remaining amount shall be refunded by releasing the block placed on the CUSTOMER’s credit card.

6.6. Where a cancellation is made 15 days or less and more than 7 days before the scheduled start date, with 7 days included, an amount equivalent to 50% of the one-night Service fee, together with applicable bank transaction fees and charges, shall be deducted and the remaining amount shall be refunded.

6.7. Where a cancellation is made less than 7 days and more than 3 days before the scheduled start date, an amount equivalent to 75% of the one-night Service fee, together with applicable bank transaction fees and charges, shall be deducted and the remaining amount shall be refunded.

6.8. No refund shall be made for cancellations made 3 days or less before the scheduled start date of the Service.

6.9. Once the Service has commenced, if the CUSTOMER leaves the RESORT without a valid reason, no refund shall be made, except where otherwise provided under the applicable provisions of the Law on the Protection of the Consumer.

6.10. If the CUSTOMER notifies the RESORT at least 72 hours before the changed accommodation date, the amount already paid for the Service may be deducted from the total price of a Service to be provided on another date selected by the CUSTOMER. If the CUSTOMER provides notification after this period, the provisions of Clauses 6.5–6.8 shall apply.

6.11. In cases of documented force majeure, including death, accident and similar circumstances, the ordinary cancellation provisions shall not apply. Where a cancellation and refund request is submitted within the applicable periods, refunds for cash sales shall be made within 30 business days following the request, after deduction of any upfront sales processing commissions. For instalment sales, the refund shall be made by releasing the relevant card block according to the instalment amount and date, after deduction of applicable bank transaction fees and charges. The provisions of Clauses 6.5–6.8 remain reserved.

6.12. The RESORT holds a Safe Tourism Certificate, and guests agree to comply with the applicable COVID-19 rules, measures and COVID-19 Protocol implemented at the RESORT.

6.13. If purchased by the CUSTOMER, the terms and conditions of the Early Reservation Cancellation and Change Additional Assurance Package shall apply and shall constitute an annex to this Agreement.

7. DISPUTES

7.1. Upon termination of this Agreement, all rights and obligations accrued before termination, as well as any rights and obligations which are expressly or implicitly intended to survive termination, shall remain in force. All other rights and obligations shall terminate.

7.2. Any waiver of a right under this Agreement shall be valid only if made in writing. Failure by a Party to demand performance of any obligation shall not constitute a waiver of that right and shall not invalidate the Agreement. A one-time waiver or omission shall not constitute an acceptance of a breach or mean that the relevant obligation has been permanently waived.

7.3. The RESORT undertakes to provide a safe environment for its guests. In the event of a dispute, the CUSTOMER may apply to Consumer Arbitration Committees and/or Consumer Courts in accordance with applicable Turkish legislation. Prior written notification of the complaint to the RESORT shall be regarded as an act of good faith. If the CUSTOMER is dissatisfied with the quality of the Service, the CUSTOMER must notify the RESORT representative in writing.

8. OTHER PROVISIONS

8.1. The CUSTOMER shall first apply to the RESORT management regarding any complaint or request and shall complete the relevant complaint or request forms. The RESORT management shall evaluate the matter within a reasonable period. If the matter cannot be resolved, the CUSTOMER retains the right to apply to Consumer Courts and Consumer Arbitration Committees.

8.2. Adverse weather conditions, strikes, lockouts, terrorism, military action, floods, fires and other unforeseeable circumstances shall constitute force majeure. In such circumstances, the RESORT may be unable to continue providing the Services. If the RESORT is unable to provide the Services for reasons other than force majeure, the RESORT may accommodate the CUSTOMER at another property of the same level in the same region or another region.

8.3. The RESORT may organise special events during holidays, New Year and similar periods and may change the content of such events.

8.4. By approving this Agreement, the CUSTOMER declares that they have reviewed and received prior information regarding the information and images provided on the RESORT’s website and in its brochures.

8.5. If the CUSTOMER insults or otherwise mistreats RESORT staff, damages fixtures or disturbs other guests, the CUSTOMER shall be responsible for any resulting damage. The RESORT reserves all rights to bring claims and legal proceedings in relation to such damage.

8.6. After leaving the RESORT, if the CUSTOMER publishes negative comments on social media based on false or unsubstantiated allegations, the CUSTOMER shall be liable for any resulting damages. The RESORT reserves its rights to bring claims and legal proceedings.

8.7. If any provision of this Agreement is deemed invalid, unlawful or unenforceable, such provision shall be interpreted and applied as closely as possible to its original purpose to the extent permitted by law. The invalidity or unenforceability of one provision shall not affect the validity of the remaining provisions.

8.8. The CUSTOMER accepts in advance that they shall compensate the RESORT for any damages incurred by the RESORT as a result of the CUSTOMER’s breach of any provision of this Agreement.

8.9. The RESORT’s records, including hotel records, microfilm, microfiche, computer records, fax records, written records and printouts, shall constitute valid, binding, conclusive and exclusive evidence between the Parties under the relevant provisions of the Turkish Code of Civil Procedure (HMK). This provision constitutes an agreement on written evidence between the Parties.

8.10. This Agreement constitutes the entire agreement between the Parties concerning the Services and supersedes all other written or oral agreements relating to the same subject matter. The Confidentiality Agreement and the Early Reservation Cancellation and Change Additional Assurance Package shall constitute integral parts of this Agreement.

9. CONSENT TO THE COLLECTION AND PROCESSING OF PERSONAL DATA

9.1. The CUSTOMER acknowledges and consents to the collection and processing of their personal data in accordance with the purposes and conditions specified in the Personal Data Processing Information Notice (KVKK Information Notice) available on the RESORT’s website and in accordance with applicable legislation.

9.2. The CUSTOMER may add to this Agreement any requests concerning the processing of their personal data under the Law on the Protection of Personal Data (KVKK) that are not covered by the Personal Data Processing Information Notice available on the RESORT’s website.

The CUSTOMER declares that they have read and understood the terms and conditions of this Agreement and accepts them in full.

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