DISTANCE SALES CONTRACT

1. PARTIES

This contract is conducted between

SELLER:

Corporate Name: Hotel and Residence Çengelköy Otelcilik ve Turizm İşletmeleri Anonim Şirketi (“Vakko Sumahan”)

Address: Vakko Hotel & Residence Sumahan Bosphorus, Çengelköy, Kuleli Cad.

No:43, 34684, Üsküdar , İSTANBUL

Telephone: +90 216 422 80 00

Email: info@vakkohotel.com

MERSIS No.:  0464-2012-3610-0001

(Hereinafter referred to as SELLER)

and

CUSTOMER:

Name/Surname/Title/Corporate Name

T.R. Identity No or Tax No

Address

Telephone

Email

(hereinafter referred to as BUYER)

in accordance with the following provisions.

1. CONTRACT SUBJECT

• The SELLER, which publishes at vakkohotel.com (hereinafter referred to as “Website”), also carries out the sales and marketing of its services within its field of activity over the internet. The subject of this Contract is the determination of the rights and obligations of the parties who have the titles of BUYER and SELLER in accordance with the provisions of the Law No. 6502 on the Protection of Consumers (“Law No. 6502”) and the Distance Contracts Regulation in relation to the sale and performance of the following services that the BUYER receives services electronically from the SELLER's Website. This contract is valid if the BUYER is a consumer (i.e. if he/she does not purchase the services for a professional and/or commercial purpose) in accordance with the Law No. 6502.
• BUYER, **SELLER'**s name, title, open address, telephone and other access information, basic qualities of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. all preliminary information about the goods subject to sale and the use of the right of “withdrawal” and how to use this right, official authorities where they can submit their complaints and objections, etc. they accept and declare that they has been informed by the SELLER in a clear, understandable and internet environment (e-commerce), confirms this preliminary information electronically and then makes a reservation in accordance with the provisions of this contract.

The preliminary information on www.vakkohotel.com, the privacy notice on personal data and the invoice issued upon the reservation made by the BUYER are integral parts of this contract.

1. CONTRACTUAL SERVICE/PAYMENT INFORMATION

SERVICE INFORMATION:

Type of product/service:

Number of the Rooms:

Features:    Additional Features/Services:

Special Discount/Campaign/Early Booking:

Reservation Price:

Sales Price (without VAT):

Payment Method:

Invoice Address:

• The service type, number, features, reservation and sales price, payment method, invoice information received electronically are as stated above.
• The information contained in this contract must be correct and complete. The BUYER agrees to fully cover the damages arising from situations where this information is incorrect or incomplete, and also accepts any consequences and responsibilities that may arise from this situation. The SELLER reserves the right to stop the reservation until the SELLER is sure of the authenticity of the information provided by the BUYER and when deemed necessary.
• If the SELLER cannot reach the BUYER from the phone, e-mail and postal addresses provided by the BUYER in cases where the SELLER detects problems in the reservation and service, it freezes the enactment of the reservation until it reaches the BUYER and waits for the BUYER to contact SELLER during this period. If no response is received from the BUYER within this period or if the BUYER does not contact the SELLER, the SELLER cancels the reservation in order to prevent damage to both parties.

1. CONTRACT DATE AND FORCE MAJEURE

The contract date is the  ......................, which is the date the reservation is made by the BUYER.

Situations that do not exist or are not foreseen on the date of signing the contract, that develop beyond the control of the parties and that make it impossible for the SELLER to fulfill the obligations and responsibilities they have assumed with the contract partially or completely or to fulfill them on time, the policies of the countries regarding tourism, accommodation and food and beverage services, the state of emergency, force majeure (natural disasters, war, terrorism, uprising, changing legislation provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.) shall be accepted as force majeure.

If the SELLER cannot deliver the product and service(s) subject to the distance sales contract within the period due to force majeure or extraordinary circumstances such as weather opposition, interruption of transportation and/or technical reasons, etc., it is obliged to notify the BUYER within 3 (three) days. In this case, the BUYER may use one of the rights to cancel the reservation, to replace the product/service(s) subject to the distance sales contract with its precedent if it is possible, and/or to postpone the performance until the situation preventing the performance is eliminated. If the BUYER cancels the reservation, the amount paid shall be paid back to BUYER within 14 (fourteen) days.

The party in whose person the force majeure occurs shall notify the other party immediately and in writing. During the continuation of force majeure, the parties shall not be liable for any failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to unilaterally terminate this contract.

1. RIGHTS AND OBLIGATIONS OF THE SELLER

• The SELLER accepts and undertakes to fulfill the obligations imposed on him in the contract in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, except in force majeure.
• Persons under 18 (eighteen) years of age cannot make purchases and reservations on vakkohotel.com . The SELLER shall take as basis that the BUYER's age specified in the contract is correct. However, the SELLER shall not be held responsible in any way due to the BUYER's incorrect age.
• The SELLER is not responsible for price inaccuracies arising from system errors and accordingly, the SELLER is not responsible for promotional, price and all other errors that may arise from the system, design or illegal interventions that may be made to the website. Based on system errors, the BUYER cannot claim rights and/or receivables from the SELLER.
• Reservations can be made by credit card (Visa, MasterCard, Diners, American Express, etc.) on vakkohotel.com.
• The time of processing the reservations is not the moment the transaction is made by the BUYER, but the moment the necessary payment is made from the credit card account.
• In the event that the payment for the product/service(s) subject to the distance sales contract is made by the BUYER by credit card, any legal risk, including the unfair and unlawful use of the credit card by unauthorized persons, which may arise from the difference between the BUYER and the credit card holder or the person to whom the product/service shall be delivered, belongs to the BUYER. The BUYER accepts and undertakes that he/she shall not make any claim from the SELLER in case of any damage in the aforementioned cases.
• If the BUYER wishes to make a date change for any reason in the discounted early booking product purchased during the discounted sales period, the BUYER agrees that the reservation change shall be made without discount at the list prices valid on the date of the request.
• In cases where the BUYER makes a reservation in a way that can be changed / canceled later, the accommodation types and conditions written in this contract and reservation shall be valid unless the BUYER does not specify the change it wants regarding the reservation it has prepaid in writing until at least 1 day before entering the facility.
• In cases where the BUYER makes a reservation in a way that can be changed / canceled later and does not submit the cancellation request within the period, the SELLER has the right to cancel all reservations made on behalf of the BUYER at the end of 24 hours after the start date of the accommodation. In such cancelations, no refund of any fee is shall be made to the BUYER. In cases where the BUYER does not make a reservation in a way that can be changed / canceled later, the BUYER cannot cancel the reservation under any circumstances and under no circumstances and under no circumstances shall it be refunded.

1. RIGHTS AND OBLIGATIONS OF THE BUYER

• The BUYER accepts and undertakes to fulfill completely what is imposed on him/her/it in the contract. The BUYER accepts and undertakes that by making a reservation, he/she is deemed to have accepted the provisions of the contract and that he/she shall make the payment in accordance with the payment method specified in the contract.
• The BUYER accepts and declares that the SELLER's name, title, open address, telephone and other access information, the basic qualities of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. from the website vakkohotel.com . all preliminary information about the goods subject to sale and the use of the right of “withdrawal” and how to use this right, the official authorities to which they can send their complaints and objections, etc. He/she accepts and declares that he/she has information about the use of the right of “withdrawal” and how to use this right, the official authorities to which they can send their complaints and objections, etc. He/she accepts and declares that he/she has confirmed this preliminary information electronically in accordance with the internet environment.
• Depending on the previous article, the BUYER declares that he/she has read and informed the vakkohotel.com reservation/payment/usage procedure information, which includes reservation and payment terms, product usage instructions, precautions and warnings against possible situations, and that he/she has given the necessary confirmation electronically.

1. RESERVATION/PAYMENT PROCEDURE

• Reservation:
• Reservation transactions are processed through the bank pos after the Turkish Lira/Euro/American Dollar amount including VAT is approved by the BUYER, one day before the check-in date in case of a reservation that can be changed/canceled later, and after approval for reservations not made in such cases, and a reservation confirmation e-mail is sent to the customer where the customer can check his/her information. No transaction shall be made without sending the reservation confirmation e-mail and the reservation shall not be confirmed until the bank pos transaction is completed for reservations that are not made in a way that can be changed/canceled later under any circumstances and conditions.
• In cases other than force majeure where it is impossible to fulfill the performance obligation of the service subject to the contract, the BUYER shall be notified of this situation and the total amount paid and any documents that put him under debt, if any, shall be returned to him within ten days at the latest and the contract shall be canceled. In such a case, the BUYER shall not claim any additional material and moral damages from the SELLER.
• In the event that it is understood that the service subject to the contract cannot be performed for an exceptionally justified reason and/or an over-booking problem is encountered, the BUYER is immediately informed in a clear and understandable manner and asked which of his/her optional rights he/she uses, and if he/she approves, another service of equal quality and price may be offered to the BUYER. The situation preventing delivery may be expected to disappear and/or the reservation may be canceled, and the fee may be refunded.
• In cases where it becomes impossible to fulfill the obligation to perform the service subject to the contract, the BUYER is informed of this situation and the total amount paid and any documents that put him under debt, if any, are returned to him within ten days at the latest and the contract is canceled. In such a case, the BUYER shall not claim any additional material and moral damages from the SELLER.
• If the customer complains about any situation during the service, if he/she uses the service partially or until the end, he/she agrees not to claim any compensation or refund.
• The SELLER may, at its sole discretion, improve the services or accomodation type and replace it with a higher level. The BUYER agrees that such service or reservation changes are entirely at the initiative of the SELLER and that the SELLER has no promise or obligation in this direction.
• Payment:
• On vakkohotel.com BUYERS are offered the opportunity to make a reservation by credit card. If these payment methods are used, payment shall be made within the scope of the relevant payment method selected.
• If the BUYER has preferred to pay by credit card, the BUYER agrees, declares and undertakes that he/she shall confirm the relevant interest rates and default interest from his/her bank, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force shall be applied within the scope of the “Credit Card Agreement” between the Bank and the BUYER.

1. PROCEDURE FOR THE RIGHT OF TURN AND WITHDRAWAL

• The BUYER does not have the right of withdrawal in prepaid reservations, but in non-prepaid reservations, the BUYER has the right to withdraw from the contract without any justification and without penalty until 1 day before the entrance to the facility at the latest.
• Exceptions to the right of withdrawal are explained in Article 15 of the Regulation on Distance Contracts. Pursuant to subparagraph (g) of the relevant article, the consumer cannot use the right of withdrawal in contracts for accommodation, goods transportation, car rental, food and beverage supply and leisure time for entertainment or recreation, which must be made on a specific date or period.
• Since the services we are selling are within the scope of restaurant services that must be performed on a certain date or period due to their nature and function, the BUYER does not have the right of withdrawal.
• There is no right of withdrawal for goods and services prepared in line with the BUYER's wishes and/or clearly in line with its personal needs.
• In case of the return of the product and service purchased with the card, the SELLER cannot pay the BUYER in cash in accordance with the contract with the Bank. In case of a return transaction, the merchant, i.e. the SELLER, shall make a refund through the relevant software, and since the merchant, i.e. the SELLER, is obliged to pay the relevant amount to the bank in cash or in cash, the BUYER cannot be paid in cash in accordance with the procedure detailed above. The return to the credit card shall be made by the Bank in accordance with the above procedure after the BUYER pays the price to the Bank at one time.

1. PRIVACY

• All personal data belonging to the BUYER and within the scope of this distance sales contract can be used for the purpose of providing the service, creating customer accounts, carrying out quality follow-up procedures, carrying out post-service transactions such as return and withdrawal, and improving our services.
• The card information is not seen and recorded by SELLER in transactions carried out online by the BUYER directly by credit card organizations. Credit Card information is only used for obtaining authorization by securely transmitting it to the relevant banks during the collection process and is deleted from the system after authorization.
• The information provided by the BUYER to the SELLER in order to make payment with the information specified in this contract shall not be shared by the SELLER with third parties.
• Information such as e-mail address, postal address and telephone belonging to the BUYER is used only by the SELLER for standard service performance and information procedures.
• In case the BUYER contacts the SELLER, contact information and details may be processed for the fulfillment of the requirements of complaints and requests and for the execution of these processes and for the creation of customer portfolios.
• In some periods, commercial electronic messages such as campaign information, information about new services, promotional information may be sent to the BUYER after approval.

The SELLER shall only be able to disclose this information to the relevant public institutions and organizations within the scope of its legal obligation or legal obligation. Within the scope of any judicial investigation with documented investigative capacity, the SELLER may provide the information requested from it to the relevant authority if it has it.

1. FORCE MAJEURE

If the parties are delayed or unable to fulfill their obligations due to natural disasters such as earthquakes, floods or possible force majeure such as general strike, lockout, war, terrorist acts, fire, they shall notify the other party within 7 days. As soon as the force majeure is removed, the fulfillment of the obligations subject to the contract shall continue. If the force majeure lasts for more than 60 days, either party may unilaterally terminate this contract without paying any penalty arising from the termination. In this case, the parties' rights to refund receivables shall remain reserved.

1. AUTHORIZED COURTS AND EXECUTION OFFICES IN CASE OF DISPUTE

In case of dispute arising from the application of this contract, the SELLER's records (including records in magnetic media such as computer, audio records) constitute conclusive evidence.

Without prejudice to the relevant provisions, this Agreement is in force until the parties fulfill their payment/delivery obligations.

Consumer Arbitration Committees and Consumer Courts in the settlement of the SELLER are authorized until the value announced by the Ministry of Industry and Trade in December each year.

With the confirmation of the reservation, the BUYER is deemed to have accepted all the terms of this contract.

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