Distance Selling & Service Agreement
DISTANCE SELLING-SERVICE AGREEMENT
Those who purchase accommodation services and/or make a booking (hereinafter referred to as "Customer") via the website of METROPOLITAN HOTELS BOSPHORUS (hereinafter referred to as "Hotel") of ALİZA OTELCİLİK TURİZM VE TİCARET ANONİM ŞİRKETİ hereby agree to abide by the rules set out herein.
1. The subject of this agreement covers the mutual rights and obligations of the parties concerning the Hotel Accommodation Sales services sold by the Hotel to the Customer online via its website, with the specified characteristics, sales price, and conditions, in accordance with the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts.
2. This website specifies the service purchased by the Customer and the scope of the service. The Customer acknowledges that they are informed about the content of the accommodation service they have purchased. The Customer also agrees to accept these accommodation sales rules on behalf of other individuals who will travel with them and to provide accurate information, such as the full name and T.R. ID number of these individuals, necessary for the provision of the accommodation service. Customers participating in the service subject to this agreement, who have not signed the agreement themselves, are deemed to have accepted and undertaken the terms and conditions of the agreement through the reading and signing of this agreement by the individuals who registered on their behalf. The Customer also accepts and acknowledges that they are obligated and responsible to inform other participants about the preliminary information provided to them and the scope of the accommodation service, and that the information given to them is deemed to have been provided to other participants as well. Before accepting this agreement, the Customer confirms that they have read and reviewed the "Information Notice on Processing of Personal Data" pursuant to the Law on Protection of Personal Data (KVKK) at the webpage where they perform the transaction, and they grant permission for the use, processing, storage, transmission, and sharing of their personal data to/with our solution partners both domestically and abroad in accordance with the provisions of KVKK, and that, in cases where written consent is required as per the KVKK, this agreement will be deemed as the written consent.
3. The Customer agrees and declares that the Hotel has provided clear and sufficient information about its name, trade name, full address, phone number, and other contact details, as well as the essential features of the service being sold, the sales price (including taxes), the payment method, and all preliminary information about the service, including details on exercising the right of withdrawal and the official authorities to address complaints and objections. The Customer further acknowledges that they have carefully reviewed this preliminary information online and/or via phone or e-mail before confirming the reservation and accepting this agreement.
4. The Customer agrees that their contact details (address, phone, e-mail, etc.) shared with the Hotel during the booking process will be used for any kind of notification related to the
purchased service, and they are responsible for informing the Hotel about any changes in this contact details.
5. The Customer agrees that if they fail to check-in at the Hotel on the starting day of their accommodation, as specified in this agreement, and if they do not inform the Hotel in writing of their intention to check-in on subsequent accommodation days following the starting date, the Hotel shall be entitled to cancel the reservation and all services 24 hours after the starting date. In such cases, no refund will be made to the Customer.
6. The Customer acknowledges, declares, and undertakes that regardless of their arrival time at the hotel, check-in to the rooms can only be possible from 02:00 PM onwards, and on the check-out day, regardless of the time of departure from the facility, the rooms must be vacated by 12:00 PM at the latest, and they are responsible for any fees incurred for extra food, beverages, and exclusive services they may purchase at the facility.
7. The Customer acknowledges their obligation to comply with the laws and customs applicable to the accommodation facility they will stay at and agrees to abide by the rules provided by the facility authorities regarding the purchased service. They further acknowledge and declare that they will not endanger the life, safety, and property of third parties. In the event of any such endangerment, the Customer accepts personal and primary responsibility for any resulting material or non-material damages. Consequently, in such cases, the Hotel will not provide the service, and the Customer will not be entitled to a refund.
8. The Customer agrees that they are solely responsible for their luggage and its contents, and they must keep track of and control their belongings. The Customer also agrees not to make any claims against the Hotel or its employees liable for any lost, stolen, or misplaced items and acknowledges that the Hotel and its employees do not bear any legal or criminal responsibility for such occurrences.
9. The Customer agrees that in cases of their own fault, unexpected and unavoidable actions of third parties, force majeure (weather events, natural disasters such as earthquakes, floods, etc., fire, government decisions, wars and conflicts, civil unrest, boycott, strike, epidemics, quarantine, terrorism, bombings, or war, terrorism, or economic or diplomatic crisis situations in any other country, which directly or indirectly affect Turkish tourism, and similar situations), and any unforeseeable and unavoidable event that occurs despite all necessary care taken by the Hotel, the Hotel will be entitled to cancel the accommodation. In such circumstances, the Customer shall not have any right to claim compensation. In the event of service cancellation due to any of the reasons listed above, the amount paid by the Customer shall be refunded to them within 7 days without any deductions.
10. The Customer can transfer their right to the accommodation service to a third party by notifying the Hotel in writing or via the e-mail address provided during the reservation up to 48 hours before the beginning of the service. The transferor acknowledges that both the transferor and the transferee are jointly responsible for the remaining balance and all expenses related to the transfer.
11. A bona fide Customer has a duty of care to notify the Hotel in writing, during the service or via the e-mail address provided during the reservation, about any complaints they may have regarding the accommodation service. The Customer's use of the service until the end, despite having complaints, eliminates their rights to compensation such as substitute services or refund for their complaints.
12. If the Customer decides to cancel the purchased accommodation service by notifying the Hotel in writing or via the e-mail address provided during the reservation up to 48 hours before the beginning of the service, they will receive a full refund, except for the expenses arising from mandatory taxes, fees, and other legal obligations. Changes in the reservation dates made by the Customer are considered cancellation.
13. If the Customer or any of their first-degree relatives submits a written report indicating an illness or death that prevents their regular occupation for 5 consecutive days, and this condition was not present at the time of the reservation, it constitutes an the exception to the Article 10. In such a case, the amount paid by the Customer, except for expenses arising from mandatory taxes, fees, and other legal obligations, and non-refundable payments made to third parties, shall be fully refunded to them within 7 days without any deductions.
14. The Hotel may, if deemed necessary, partially or completely cancel the accommodations it has announced or recorded, provided that it informs the Customer accordingly, before the commencement of the service. In such a case, the payments made by the Customer up to that day shall be fully refunded to the Customer within 7 days.
15. The Customer declares that they have read and obtained information about the characteristics of the service mentioned in this agreement, the sales price, payment method, validity date of the prices, and all preliminary information related to the service, and provided the necessary confirmation online. This agreement shall come into effect upon the Customer's approval, and the parties mutually agree that the date of approval will be considered as the effective dates. The Customer may not proceed within the web system without reading and approving this agreement; therefore, it is mandatory for the Customer to read this agreement. This agreement will be terminated when the service is purchased and consumed by the Customer, or cancelled in any manner.
16. The Customer shall pay the contract fee through online payment via credit card on the Hotel's website. The Customer is obligated to pay the full amount of the contract fee at the time of registration. In credit card payments, the Customer also agrees and undertakes to pay the additional interest amount notified by the Hotel. The Hotel and the Customer may mutually agree in written to conclude a separate contract under different terms and conditions. This additional contract shall be valid for the conditions set out in the new contract. For matters not specified in the additional contract, this agreement shall be valid. If the Customer departs from the Hotel earlier than the specified date, the Customer accepts and undertakes that they are responsible for paying the entire contract fee, and this amount will not be refunded. Refunds that may arise for any reason whatsoever shall be made to the credit card used during the reservation.
17. Before accepting this agreement, the Customer confirms that they have read and reviewed the "Information Notice on Processing of Personal Data" pursuant to the Law on Protection of Personal Data (KVKK) at https://www.metropolitanbosphorus.com where they perform the transaction, and they grant permission for the use, processing, storage, transmission, and sharing of their personal data to/with our solution partners both domestically and abroad in accordance with the provisions of KVKK, provided that this will be limited to the content, and that, in cases where written consent is required as per the KVKK, this agreement will be deemed as the written consent.
18. This agreement hereby is governed by the Turkish law. The parties have determined Turkish law as the applicable law to the procedures and the substance of the agreement. In cases not stipulated in this agreement, the provisions of Law No. 1618, the Law on the Protection of Consumers, the Turkish Code of Obligations, the Turkish Commercial Code (TTK), international conventions that Türkiye is a party to, and the relevant Regulations, Directives, Circulars, and Communiqués shall be applicable.
19. By purchasing this hotel reservation agreement through mail order, virtual POS, bank transfer, or EFT, the Customer has learned the terms and conditions of this agreement through catalogs, website, or advertisements even if they could not sign it for any reason. The Customer agree and undertake to purchase this hotel reservation agreement under the terms and conditions herein.