Özgür Otel Accommodation Agreement
ARTICLE 1: PARTIES
On one part, Özgür Otel (shall be referred to briefly as Agent) domiciled in the address of Kemalpaþa Mah. Yavuz Sok. No: 14 Ýzmit - Kocaeli – Turkey and on the other part …………… domiciled in the address of ………………. (shall be briefly referred to as Consumer) have fully agreed upon the matters indicated below.
ARTICLE 2: SUBJECT
This present Agreement covers the Consumer’s Hotel (Facility) reservation and related hotel accommodation sales conditions under the provisions stated below.
ARTICLE 3: IMPLEMENTATION
3/A – Accommodation shall be between the dates of .............. and ............... (total ...... nights). The names of the persons who will stay are......... .
3/B –The consumer shall stay at the facility of ................., in room type ................. , accommodation shall be................. in food and beverage concept.
3/C – The arrival time of the consumer at the hotel is 14.00 hours. Departure time is latest 12.00 hours.
3/D – The consumer may use the right to retract from the agreement by refusing the service within 7 days from the signing of the agreement or the reservation without undertaking any legal or penal obligation and without indicating any motive. Products in sales campaign such as early reservation- New Year- Religious Feasts – Semesters are excluded from the scope of this article.
3/E – The consumer accepts to comply with the rules which have been notified by Özgür Otel, Facility officials and Guides related with the purchased service, to respect the security of life and property and the peace of third parties, that the consumer shall otherwise not receive such service and that in such case no right to return the service shall be available for the customer.
3/F – The agent is not responsible in the cases of force majeure occurring after the start of the subject service and situations caused by the Consumer as well as in situations arising from the personal liabilities of third parties. In the cases falling within its responsibilities, for changes which occur to the detriment of the consumer it may compensate according to the provisions of TÜRSAB Kütahya Chart in the form of refund or returning the service as well as through additional and/or alternative arrangements made for the Consumer which are not included in the price and provided to the Consumer during service. The receipt and use of additional or replacement services by the Consumer eliminate the Consumer’s rights for a refund and compensation.
3/G – In the event of any baggage, valuable goods or similar losses which may occur in the facility where the Consumer is accommodated, in case Özgür Otel is notified by the Consumer after having the necessary official report taken down by the law enforcement forces, Özgür Otel shall provide information to the Facility. The Agent may not be held responsible for this and similar situations.
ARTICLE 4: DURATION AND CANCELLATION
4/A –The Consumers may cancel the product latest within 7 days from the date of reservation and on the condition of complying with the same reservation type, provided that it is suitable with the same reservation type, may transfer the products, excluding those that are subject to early reservation discount, to the person or persons as they wish. The assignee is responsible for the balance and all expenses arising from the transfer together with the transferor which is transferred. Consumers are under the obligation of presenting in written to their agency all requests for cancellation/transfer in accordance with the above indicated timeframe This provision is not applicable if the service which is received is a product within campaign and/or in the event that there is a shorter time than 7 days left between the starting day of accommodation and the reservation.
4/B – The consumers, when they request a cancellation, change or transfer within the 8th and 15th days from the date of reservation, 5 percent of the accommodation amount indicated in the agreement is deducted from the consumer as withdrawal penalty. Any refund to the consumer is not applicable in products related to campaign periods such as Early Reservation- New Year- Religious Feast – Semester etc. .When the consumer requests any cancellation, change and transfer on the 16th day from the reservation and afterwards, this request shall not be accepted and the amount that the consumer has paid shall not be refunded.
4/C –In the event that the consumer has not stated in written that he/she shall participate to the service he/she was unable to join at the beginning; the Agent has the right to cancel all reservations and services within 24 hours from the starting date of the service. In such cancellations, any refund shall not be made to the Consumer.
4/D – The consumer, with an official report from a general state hospital the illness of himself/herself or their first degree relatives or on the condition of documenting it in the event of decease which coincides with their normal 10 days accommodation, the reservation cancellation request is accepted and the amount paid by the consumer is returned. In that case, reports and documents shall be presented before the start of the service. In case this situation occurs during the continuation of the service, the excuse should be presented with the related document to the Agent latest within 1 day from the date of departure from the facility.
4/E – The agent, in the cases it deems necessary, on the condition of notifying the consumer may partially or totally change or cancel the reservation it has declared or noted 7 days prior to the start of the service, and 1 day prior in the case of special days and/or periods. In the event that the consumer does not accept these changes or cancellation, it has the right to cancel the reservation and have the whole payment refunded. In that case, the Consumer shall not have the right for any indemnification
ARTICLE 5: CANCELLATION AND MISCELLANEOUS PROVISIONS
5/A – The consumer, should care to notify to the Facility and the Agent’s official in written the complaints and the request for early departure from the Facility as a requirement of diligence from the consumer. The consumer is under the obligation to notify in writing the Agent official and the Facility the reason for terminating the service procurement. The consumer’s using the service until the end or leaving the facility earlier without notifying the agent eliminates the right to service replacement, payment refund and other miscellaneous rights for indemnification.
5/B – The consumer may, with all costs being to the consumer’s account before the start of the accommodation service take out an insurance covering damages arising from all accidents and treatment expenses in the event of an accident or illness with charges related to the return to the point of departure. Travel insurance, the scope of the cover related to the consumers’ harms, damages, losses has been determined with the policy of the insurance company which is providing this service. The agent does not have any responsibility regarding the content, scope or application methods of these covers.
5/C – Even if the consumer has not signed this agreement for any reason whatsoever having made the payment concerning the reservation related to this agreement by mail order, virtual POS, money order or EFT, this agreement shall be valid between the parties. In this case the Consumer accepts that he/she has learned the agreement terms through the catalogue, internet site or advertisements and that the consumer shall receive the service indicated in the agreement under the terms written in the agreement.
5/D – The consumer accepts and declares that he/she has received all information related to the agreement related to this reservation, the Facility mentioned in the agreement the agreement related to this reservation either from the web addresses of the Agent and/or the sales representatives of the Agent and that he/she has signed it after examining it in full and reading it.
5/E – The Agent has announced the qualifications, the stars of the facility where the booking is made and information concerning provided services on the basis of the statement, brochures and information on the official web site of the Facility. In the event of the Facility failing to be in the qualification and star standards stated in the announcement and declarations of the Facility, the responsibility is exclusively to the account of the Facility. In the event of the Facility failing to provide the undertaken standards or being unable to provide service in such standard at the starting date of the stay, the Agent may propose an accommodation at a facility in the same standard or in a higher category. If the consumer does not accept such a change, the consumer has the right to have a refund of the total amount paid for the reservation.
5/F – At arrival, the identity and age of the guest is controlled. If there is any difference due to erroneous or incomplete declarations, this difference is collected at the moment of entry.
5/G – In reservations covering an early reservation period, the timeframes indicated in the articles (4-A and 4-B) of this agreement shall not be valid and cases of cancellation, change and transfer are only implemented to consumers who have cancellation insurance.
5/H - At least 5% of the accommodation price has to be paid at the time of reservation and the remainder at least 15 days prior to the start of the service. In the event of a delay of less than 15 days between the reservation and the start of the service, the total accommodation price is collected. In the event of failing to effect payment during the stated period, the reservation is cancelled and 5% of the accommodation price is collected from the consumer as withdrawal penalty. The consumer who purchases a Discount Product/Special Product or campaign product is under the obligation to pay the whole service amount at the reservation date. If the service which is taken is a product which is included in an early reservation or other campaigns, the consumer is under the responsibility of a withdrawal penalty equal to the total accommodation price.
5/I – In price increases belonging to the early reservation period and/or all periods (excluding errors originating from the system), the difference may not be collected additionally from the customer and refunding of discounts named as action that are made by the facility shall not be possible.
5/J – The consumer accepts and declares that he/she allows that bulletins for campaign purposes by Agents and web sites are sent to the e-mail, GSM, facsimile given by the consumer to the Agent’s employees and/or web sites.
6/A – The amount of the agreement is VAT included ................. TL
6/B – The consumer, with the present agreement, accepts and declares that he/she has authorized the Agent to collect the price of the goods and services that the consumer has received/shall receive.
Sale on Installments
6.E – This protocol has been issued and signed in the date of 01.02.2016 and in disputes arising from the protocol, the provisions of TÜRSAB KÜTAHYA SCHEDULE and the related provisions of the legislation will apply. In disputes arising from this agreement, the Courts of Istanbul are competent.
Customer Relations Contact: +90 262 321 73 90
Customer Relations Fax: +90 262 321 66 96
Agent Name: Özgür Otel
VOUCHER IN THE NAME OF SERVICE RECEIVER(S) / SIGNATORY OF THE AGREEMENT
I have read, understood the Voucher issued in our name, all the pages of the agreement, the Türsab Kütahya Schedule, the catalogue and the web site and taken delivery of a copy from each of them