Distance Sales Agreement
ARTICLE 1: PARTIES
The Accommodation Sales Agreement is made by and between, on one side YALI OTELCİLİK VE TURİZM ANONİM, with its principal place of business at the address of Plaj Cad. No: 7 48990 Bodrum / Muğla / Turkey (in this Agreement, shortly referred to as "Boho"), and on the other side, the consumer(s), information of whom is specified below; relating to reservation and accommodation services, within the framework of the terms and conditions stipulated below.
ARTICLE 2: SUBJECT
Subject of this agreement covers; parties’ mutual rights and obligations, according to the provision of the Law no. 6502 on Protection of Consumers and the Regulation on Distance Agreements, relating to the Hotel Accommodation Sales services, made by Boho to the consumer in electronic environment on the web site at https://www.boho.com.tr/ and the qualifications, sale price and the terms and conditions of which are specified below.
ARTICLE 3: AGREEMENT PRICE AND PAYMENT TERMS
3.1. The consumer shall pay the Agreement price, by credit card on the web site of Boho, or by way of EFT/remittance to the bank accounts specified by Boho.
3.2. On internet information page regarding accommodation and in the Reservation Certificate, all services included in the price are explained in details and the services other than these, shall be subject to extra fee. In particular, extra food-drinks which shall be taken by the consumer other than the services included in accommodation, personal expenses, transportation, costs of all goods and services which are not included in the scope; shall not be included in purchased services.
3.3. The consumer shall be obliged to pay 50% of the agreement price, as down payment, at the time of registration, and the balance thereof, at the latest 15 days before commencement of the service; if duration of accommodation at the hotel is 7 days or shorter, at the time of reservation; and in accommodation sales including early reservation, promotion and special product, shall be obliged to pay all of the agreement price on the reservation date. If said payments cannot be made in said periods, reservation made shall be cancelled and 35% of the service fee shall be invoiced, as waiver indemnity, to the Consumer. Furthermore, since the amount taken as down payment, shall be taken as security amount, it shall not be refunded.
3.4. The Consumer agrees and undertakes that, in payments by credit card, in addition to the agreement price, s/he shall also pay the interest, delay charge, exchange rate difference, which shall be calculated and declared by Boho.
ARTICLE 4: CANCELLATION, TRANSFER AND AMENDMENTS
4.1. For cancellation and amendments in the reservations made, support line (+90 252 385 25 45) should be contacted or acceptable reason should be sent to the e-mail address “firstname.lastname@example.org” or should be declared in writing and/or by permanent means of data storage.
4.2. In cancellation and amendments, following rules shall be complied with:
a. In case the consumer requests cancellation-amendment up to 15 days before the date of his/her entry to the facilities, price shall be refunded completely. The Consumer agrees and undertakes that, in cancellations and amendments s/he shall make up to 14-7 days before the date of his/her entry to the facilities, due to any reason except for cases where s/he certifies, by an official report, disease or death of him/herself or his/her first degree relatives, which impedes him/her to carry out his/her ordinary activities for 10 days; s/he shall be responsible for 50% of the total price; and, in case of cancellation and amendments made up to period less than 7 days before the date of his/her entry to the facilities, s/he shall be responsible for whole of the total price; that s/he shall pay those prices to Boho.
b. The Consumer agrees and undertakes that, if s/he wants to cancel or make any change, for any reason, in the product subject to discount, purchased by him/her in early reservation period, s/he shall pay to Boho, 50% of the total price up until 7 days before entry to the facilities, and entire amount of accommodation price, when there is a period less than 7 days.
c. The Consumer agrees that, if s/he wants to change date, for any reason, in the early reservation product with discount, purchased by him/her in early reservation period, reservation change shall be made, without any discount, at the listed prices, applicable as of the date when s/he makes such request.
d. Unless the Consumer declares a change s/he wants to make relating to a reservation, down payment of which is made by him/her, in writing, at the latest until 7 days before entry to the facilities, accommodation forms and terms and conditions set forth in this agreement and in the reservation, shall be applicable.
e. In case the Consumer fails to declare in writing that s/he cannot go/reach the facilities where s/he shall accommodate, Boho shall have the right to cancel all reservations made in the name of the consumer, upon expiry of 24 hours after commencement date of accommodation. In such cancellation, no refund shall be made to the consumer.
f. Boho shall be liable to fulfil its obligation, within the period undertaken by it, beginning from the date when the consumer’s reservation is received by it. In case Boho fails to fulfil its obligations, the consumer may terminate the agreement. Upon termination of the Agreement, Boho shall be obliged to repay all payments collected, together with legal interest thereof, and to return all commercial papers and similar certificates which shall give rise to any liability undertaken by the consumer, if any, to the consumer, within fourteen days beginning from the date when termination notice is received by it.
g. In cases where it becomes impossible to fulfil the service obligation subject to reservation, Boho shall be obliged to declare such situation, to the consumer, in writing or by permanent means of data storage, within three days beginning from the date when s/he learns it, and to refund all payments collected, at the latest within fourteen days, beginning from the date of declaration.
h. In case Boho terminates the Agreement unjustly, it shall be obliged to refund all payments made by the Consumer to Boho until that day.
4.3. The Consumer’s requests for change, other than relating to reservation date, shall be handled provided that they are declared to Boho at the latest up until 7 days before the commencement date of the services received. Boho shall handle such request for change, to the extent possible; no objection may be raised against Boho and Boho cannot be held responsible for amendment requests which cannot be made.
4.4. The Consumer agrees and undertakes that, if s/he leaves the hotel early, s/he shall be obliged to pay entire amount of the agreement price, and that s/he shall pay that amount to Boho.
4.5. Refunds that occur due to payments made, shall be made to the credit card or bank account used at the time of reservation.
ARTICLE 5: OTHER PROVISIONS
5.1. Information relating to the accommodation subject to this Agreement, has been examined and evaluated by the Consumer, on the web site of Boho. Accommodation price and payment method shall be seen by the consumer on the web site before reservation is completed and the Consumer shall select, at his/her preference, one of the payment options. The Consumer shall enter his/her credit card details into the system and shall complete his/her payment. The system, into which credit card details shall be entered, is protected by international security software, and it is not possible to display or copy the information by any means. However, for transactions which shall be made on the system by the Consumer’s passwords and information which may be acquired by third persons by virus etc. malware which shall be installed on the Consumer’s computer, or due to reason arising from the Consumer’s negligence, and for damages which may be sustained by the Consumer for this reason, Boho shall not be obliged to pay any penal sum or any indemnity, or it shall not have the right to have recourse to the Consumer due to damages which shall occur for these reasons.
5.2. It shall be the duty of care by the Consumer, acting with good faith, to declare the issues regarding which s/he complains, during performance of the services, in writing, to authorised officer. In case the Consumer, although s/he has complaint, continues to use the service until the end thereof without declaring it to Boho’s authorised staff; s/he shall lose indemnities rights such as substitute services and refunding of price relating to matters subject to complaint.
5.3. The Consumer undertakes that, even if s/he receives this hotel reservation agreement by mail order, virtual pos, remittance or EFT and cannot sign for any reason; s/he has been informed, by catalogue, web site or announcements, about these contractual terms and conditions, which shall be applicable between the parties, and s/he shall take this hotel reservation agreement subject to the terms and conditions set forth in this agreement.
5.4. The Consumer undertakes that s/he has read and signed this Agreement, after obtaining, from the web sites of Boho, all kinds of information regarding the hotel, agreed by this hotel reservation and the name of which is specified in the agreement, and after making all necessary examinations.
5.5. In case of failure to enter the hotel without cancelling the reservation, accommodation fee shall not be refunded. In situations such as death, disease, accident, if force majeure event is proven by documents, price of periods not stayed at the hotel, shall be refunded. In case of entry to the hotel with delay or leaving it early, for any reason other than those specified herein; fees for remaining periods shall not be refunded.
5.6. At the entrance to the facilities, identity and age check shall be made. In case any difference occurs due to incorrect or incomplete declarations, it shall be collected at the time of entry to the hotel.
5.7. Accommodation dates, names of the persons who shall accommodate, type of facility-room where accommodation shall be made, accommodation system; are explained explicitly in the introduction page, which are annexes and integral parts of this Agreement, published on the web site of Boho and in the records of reservation made by the Consumer.
5.8. The Consumer shall accommodate between the dates specified in the reservation. S/he may extend the date, if the facility is available out of those dates and after making his/her request and payment to Boho, for accommodation.
5.9. Boho shall not be responsible for any loss and/or damage that shall be sustained by the consumer and for any belongings of him/her stolen, at the accommodation facility.
5.10. The Consumer(s) agree, declare and undertake in advance that, regardless of their arrival time at the hotel, settling in the rooms can be at 15:00 at the earliest, and that, on the leaving date, regardless of the departure time from the facilities, rooms should be emptied at 12:00 at the latest and that the price of extra food-drinks and services out of the scope of the system, which they shall take at the facilities, shall be paid by them.
5.11. The Consumer(s) who do not sign the Agreement, however, who participate in the services subject to the Agreement, agree that the persons who shall be assigned by them to have registration made on behalf of them, by reading and signing this Agreement, shall be deemed to have agreed and undertaken the provisions of the Agreement. Boho reserves the right to have recourse to other consumers for recovery of any surplus amount or service fee paid by it to the persons whose signatures are affixed on the agreement.
5.12. The Consumer agrees and declares that s/he has received the qualifications, sale price, payment method, implementation and all other preliminary information regarding the product/service subject to the agreement; that s/he has read and is informed about them, and that s/he has given necessary confirmation in electronic environment. Boho shall be responsible against the consumer due to any deficiency in the services subject to the agreement.
5.13. Invoices shall be sent to the address, specified by the consumer in the invoice address section, at the time of reservation. If the invoice address section is left blank, invoice shall be sent to the communication information address. Boho shall not be responsible for non-delivery of invoice, due to declaration of incorrect address or failure to indicate the person to whom it shall be delivered or absence of addressee at specified address.
5.14. Child discounts shall be valid when they accommodate in the same room with their parents. In the reservations of families with child(ren), age of child(ren) declared by the Consumer, shall be taken into account. However, in case any difference is detected between the child’s age according to his/her identity certificate requested by the officer of the facility at the time of hotel entry registration, and the declared age; price difference in between shall be paid by the Consumer to Boho, and necessary change shall be made accordingly.
5.15. Adverse weather conditions, impediment regarding transportation, terror, strike-lockout, possibility of war, flood, fire, unforeseeable technical issues and similar situations, shall be deemed force majeure. In case accommodation does not start due to such reasons or for reasons which hinder to continue with it, Boho may cancel accommodation or may replace it with another accommodation facility of the same category and nature, in the same area or in a different area. In such cases, the consumer shall not have any indemnification right.
5.16. In accommodations sold within entertainment program with singers/performers such as those organised on religious holidays, new year and similar occasions, due to situations which shall occur out of the hotel’s will (singer/performer becomes ill), Boho reserves the right to change the singer/performer.
5.17. Hotel Reservation/Registration certificate is an annex and integral part of this agreement, and shall be binding upon the parties.
ARTICLE 6: JURISDICTION
For resolution of disputes which shall arise from implementation of this accommodation agreement; first of all, provisions of this agreement and the provisions of the Law no. 6502 on Protection of Consumers and related Regulation, shall be applicable, and the parties may, within the scope of legal limits, may apply to Consumer Courts and/or Consumer Arbitration Board. Muğla (Bodrum) courts and execution offices shall have jurisdiction for resolution of disputes.
The Consumer agrees and declares that s/he has received, in electronic environment, the information regarding qualifications, sale price, payment method, implementation of the services subject to the Agreement, a copy of the information regarding all matters, written on the introduction page on the web site and in the registration (reservation) certificate; that s/he has read said information and has been informed, and that s/he has given necessary confirmation in electronic environment.