Sales Agreement

2022-08-032023-05-10 18:21

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.

1.“CONSUMER”; (hereinafter referred to as “CONSUMER” in the contract)

NAME SURNAME:
ADDRESS:

2. ‘SELLER’ ; (hereinafter referred to as “SELLER” in the contract)

TITLE: DP Otelcilik ve Turizm Tic A.Ş.

ADDRESS: Musalla Mh 7035 Sk. No:41 Cesme Izmir

By accepting this contract, the consumer accepts in advance that if he/she approves the purchase of the service subject to the contract, he/she will be under the obligation to pay the price of the service and the additional fees, if any, such as shipping fee and tax, and that he/she has been informed about this issue.

2. DEFINITIONS

In the application and interpretation of this contract, the terms written below shall express the written explanations against them.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law on Consumer Protection No. 6502,

REGULATION: Distance Contracts Regulation (RG:27.11.2014/29188)

SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,

SELLER: The company that provides services to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the service provider,

CONSUMER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

SITE: The website of the SELLER,

ORDERING PERSON: The natural or legal person who requests a good or service through the website of the SELLER,

PARTIES: SELLER and CONSUMER

AGREEMENT: This contract concluded between the SELLER and the CONSUMER,

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the accommodation service that the consumer has purchased by making an electronic reservation on the website of the seller.

The prices listed and announced on the site are the room sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.

SELLER INFORMATION
Title: DP Otelcilik ve Turizm Tic A.Ş.
Address: Musalla Mh 7035 Sk. No:41 Cesme Izmir
Phone: +90 532 309 78 70
Email: hello@usulova.com

CONSUMER INFORMATION PURCHASING SERVICES
Name/Surname/Title

Address
Telephone
Fax
Email/username

CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
6.1. The basic features (type, quantity, quality, brand/model, color, number) of the Good/Product/Products/Service are published on the website of the seller. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date.

6.2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.

6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

Product Description

Piece

Unit price

Subtotal
(VAT included)

 

 

 

 

Shipping Amount

 

 

 

Total :

 

Payment Method and Plan

Delivery address

Person to be delivered

Billing address

Order date

delivery date

Delivery method

BILLING INFORMATION
Name/Surname/Title

Address
Telephone
Fax
Email/username
Invoice delivery: During the delivery of the invoice order, to the invoice address together with the order.
It will be delivered.

GENERAL PROVISIONS
8.1. The consumer accepts, declares and undertakes that he has read the preliminary information about the basic characteristics of the service subject to the contract, the sales price and payment method and the performance of the service on the website of the seller, that he is informed and gives the necessary confirmation in the electronic environment. It accepts, declares and undertakes that the Consumer confirms the Preliminary Information in electronic environment, before the distance service sales contract is established, the address to be given to the Consumer by the seller, the price of the service, including taxes, and the payment information accurately and completely.

8.2. The Seller undertakes to perform the contracted service completely, in accordance with the qualifications specified on the site, free from all kinds of defects, in accordance with the requirements of legal regulations, in accordance with the standards, in accordance with the principles of honesty and honesty, to maintain and increase the service quality, to show the necessary care and attention during the performance of the work, accepts, declares and undertakes to act with prudence and foresight.

8.3. The seller may supply a different service with equal quality and price by informing the consumer and obtaining his explicit consent before the contractual performance obligation expires.

8.4. The consumer shall confirm this agreement electronically for the performance of the service subject to the contract, and if for any reason the price of the service subject to the contract is not paid and/or canceled in the bank records, the seller shall

It accepts, declares and undertakes that the obligation to perform the service subject to the business will come to an end.

8.5. Usul Ova may partially/completely change or cancel the reservation before or during the service, for a reason not caused by the consumer. The consumer may accept these changes or accept another alternative service offered by Usul Ova. If the consumer does not accept the changes, he has the right to cancel the reservation and receive a full refund of the fee paid under the contract. If the consumer cancels the purchase; If he has made the payment in cash, this fee will be paid to him in cash within 14 days from the date of cancellation. If the consumer has made the payment by credit card, the product price will be returned to the bank within 14 days from the cancellation, but the seller has no responsibility regarding the bank’s return to the consumer processes. The consumer declares that the fee will not be canceled for non-refundable reservations; In such cases, the consumer declares, accepts and undertakes that if he or she requests cancellation, it will not be valid and that he will pay the entire contract price to Usul Ova. In the event of a consumer’s request for a change in the service, provided that this change is approved by Usul Ova, if there is a price difference between the previously received service and the newly requested service, the consumer must immediately pay the difference to Usul Ova with the acceptance of the change request. However, if the price of the new service is lower than the price of the previous service, Usul Ova will refund the difference to the consumer. The reservation cancellation request is accepted and the expenses arising from the obligatory taxes, fees and similar legal obligations, provided that the consumer, or his/her first degree relatives’ accommodation period, which prevents the 10-day habitual occupation, is documented with an official report from the Fully Equipped State Hospital or in case of death. Except for the non-refundable costs that can be paid and documented to third parties, the price paid by the consumer is returned to him. In this case, the report and documents will be submitted before the start of the service. In the event that the consumer does not notify in writing that he will participate in the accommodation service that he missed the beginning of; Usul Ova has the right to cancel all reservations and services made on behalf of the consumer after 24 hours. No refund will be made to the consumer for such cancellations.

 

8.6. Communication, marketing, notification and communication via letter, e-mail, SMS, phone call and other means of the seller’s address, e-mail address, fixed and mobile phone lines and other contact information specified by the consumer in the registration form on the site or updated by him later. has the right to reach the consumer for other purposes. By accepting this agreement, the Consumer accepts and declares that the Seller may engage in the above-mentioned communication activities.

8.7. In the event that it is not possible for the consumer to participate in the purchased accommodation service, he may transfer his reservation to a third party who will fulfill all the conditions applicable to the contract by notifying Usul Ova at least 10 days before the accommodation start date. In this case, the person(s) transferring and taking over the contract are jointly responsible for the payment of the balance amount against Usul Ova and all additional expenses arising from the said transfer. Usul Ova does not accept any responsibility and collects the entire accommodation fee from the transferor and the transferee (many and severally) in the event that the consumers coming from abroad do not have a visa, and they cannot obtain a visa from the relevant institution until the start of the accommodation despite having made an application. In case the person transferring the service is not in the same status as the transferor, the transfer does not take place or the transfer process is completed by removing the special discounts.

8.8. If the consumer and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the service is used by the consumer, the Seller shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the reservation process. or request the consumer to submit a letter from the bank of the cardholder stating that the credit card belongs to him. Reservation transactions will be frozen until the consumer obtains the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the seller has the right to cancel the sale.

8.9. The consumer declares and undertakes that the personal and other information provided while subscribing to the website of the seller is true, and that the seller will immediately indemnify all damages due to the untrueness of this information, upon the first notification of the seller, in cash and in full.

8.10. The consumer is obliged to comply with the provisions of the legal regulations while using the website of the seller and

accepts and undertakes not to violate the Otherwise, all legal and penal liabilities that may arise will bind the consumer completely and exclusively.

8.11. The consumer may not use the website of the seller in a way that disrupts public order, violates public morality, disturbs and harass others, for an unlawful purpose, and infringes on the material and moral rights of others. In addition, it cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

8.12. Links to other websites and/or other content that are not under the control of the Seller and/or owned and/or operated by other third parties may be given over the website of the Seller. These links are provided for the purpose of providing ease of orientation to the consumer and do not support any website or the person who operates that site and do not constitute any guarantee for the information contained in the linked website.

8.13. The member who violates one or more of the articles listed in this contract is personally responsible for this violation, criminally and legally, and will keep the seller free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the seller reserves the right to claim compensation against the member due to non-compliance with the membership agreement.

RIGHTS AND LIABILITIES OF THE PARTIES
9.1. The consumer accepts that he/she has read the preliminary information texts containing the qualifications of the service he/she purchased from the website and brochures.

 

9.2. The consumer accepts the terms of the distance service sales contract on behalf of the other persons who will participate in the trip with him, and is obliged to provide the correct information such as name-surname, e-mail, telephone number, credit card, etc., that will enable them to participate in the trip, He accepts that he is obliged and responsible to inform other participants about the information and the scope of the brochure, and that the preliminary information and brochure given to him is deemed to have been given to the participants as well. In any dispute that may arise in this context, the customer, who is a party to the contract, accepts, declares and undertakes that he is legally responsible.

 

9.3. The consumer is responsible for all kinds of baggage and its contents; He accepts that he is obliged to follow up and control the goods with him, that the seller and / or its employees have no legal and / or criminal responsibility for the lost, theft or lost goods, and that he will not make any claims against the seller and / or the seller’s employees for the reasons stated.

 

9.4. The consumer, with his/her signature, is obliged to comply with the laws and customs to which the facility he/she will stay is subject to; It will comply with the rules declared by the facility authorities regarding the service purchased, it will not endanger the life and property safety/integrity of third parties, and will be personally and primarily responsible for all material/moral, legal/punishment damages that may arise in case of endangering the life and property safety/integrity of third parties, otherwise, the seller will not perform the said service and therefore the consumer does not have the right to return.

 

9.5. The consumer accepts that the cost of extra food and beverage, personal expenses and all goods and services out of the scope of the accommodation service purchased will be paid by himself, and he will not bring food and beverage from outside into the accommodation facility.

 

9.6. He/she accepts that he/she will notify the seller and the authorized person and the hotel where he/she stays in writing, in case he/she terminates the use of the service on the grounds that the service rendered is defective, otherwise he/she will be deemed to have received and used the service.

 

9.7. After the performance of the service subject to this contract, if the bank or financial institution does not pay the service fee to the seller for the claim that the credit card used by the consumer to pay the accommodation fee by unauthorized persons is unfair and unlawful, not due to the fault of the seller. shall be liable together with the legal interest that will accrue from the date of

 

9.8. If the consumer notifies that he/she has stopped using the accommodation service he/she has purchased, in writing or via permanent data storage 30 days before the start of the service, the entire amount paid shall be refunded to him/her, excluding the expenses arising from the obligatory taxes, fees and similar legal obligations.

 

9.9. The consumer agrees to pay 35% of the price paid, and if less than 14 days before, the entire amount is paid to the seller, if he/she notifies that he/she has stopped using the accommodation service he/she has purchased, in writing or via permanent data storage, within 29-15 days before the service starts. However, it is downloaded to the consumer at the time of sale.

The service that is given with the option of non-refundable payment is non-refundable.

 

9.10. Consumer’s early reservation, group accommodation, etc. In the case of cancellations made up to 60 days before the start of the service for special products, the consumer is fully refunded the price paid until that time. If the consumer cancels the contract 59-31 days before the service starts, 25% of the reservation price, 50% of the service fee if he cancels the contract 30-15 days before, 75% of the service price if he cancels the contract 14-07 days before. declares, accepts and undertakes to pay the full amount to the seller less than 7 days before. Service received; If it is a product within special periods such as New Year’s Day, semester, holiday period or other campaigns, the above clauses of the contract are not valid. In this case, the consumer has no right to cancel or return.

 

9.11. Requests for date change made by the consumer mean abandonment and will be notified in writing by the consumer, taking into account the above-mentioned periods. With this contract, the consumer accepts, declares and undertakes that if he/she wishes to make changes in the reservation for any reason during the special discount period (early reservation period, etc.), the new reservation will be made according to the price lists applied at the time of the actual reservation. The consumer accepts that special discounts will not be valid for reservation changes made outside of the periods during which special discounts are applied during registration. The seller will respond to the consumer’s request for change within the time limit, according to the availability of the hotel.

 

9.12. Age discount will be applied for children if they stay in the same room with their parents (adult). According to this contract, during the reservation registration, the age of the child/children notified by the consumer will be taken into account during the registration process at the hotel. In order to determine the age of the child, the hotel staff may request that the identity of the child(s) be presented at the entrance to the hotel. In this case, the consumer will present the identity of the child. In case the age of the child reported at the reservation stage and the age of the child in the identity records are different, the necessary changes are made in the reservation and the consumer accepts, declares and undertakes to cover the price difference arising from this.

 

9.13. If the consumer does not notify in writing that he will participate in the service that he missed the beginning of, the seller has the right to cancel all reservations and services made on behalf of the consumer after 24 hours. In such cases, no refund will be made to the consumer. The seller may partially or completely cancel the tours announced or registered before the service starts, provided that the consumer is informed. In such a case, the service fee paid by the consumer will be paid to him within 14 days.

 

9.14. Since the contact information such as address, telephone, e-mail shared by the consumer during the purchase phase will be used for notifications, the responsibility of not notifying the changes in the contact information belongs to the consumer. For this reason, the consumer accepts, declares and undertakes that he is solely responsible for any conflict that may occur.

 

9.15. In case the consumer is underage; Depending on the accommodation facility rules, the cancellation conditions written in this document will come into effect when such a situation arises, as it may result that he cannot benefit from the service without his parent or legal custody.

 

9.16. The consumer, no matter what time he arrives at the hotel, will settle into the room at 14:00 on the day of arrival at the hotel at the earliest and will check out at 12:00 at the latest, no matter what time he leaves the hotel. agreed to pay. In the event that the consumer is in situations and attitudes that will disrupt the hotel order; The hotel has the right to request the consumer to leave the hotel without any refund.

 

10. FORCE MAJEURE:

 

10.1. Although Usul Ova has shown all the necessary care, what happens outside of Usul Ova’s will and prevents the start or continuation of the service; strike, terrorism, possibility of war, unpredictable technical issues, malfunction, changes in interstate relations, Covid-19, pandemic and epidemic outbreaks, health measures taken by government institutions (such as quarantine, closure, restrictions, closure and limitation of businesses), adverse weather conditions, may cancel or postpone the reservation due to these and all similar force majeure reasons. If force majeure occurs that the seller cannot foresee and the performance of the service is not possible, the consumer is notified. After the notification, the seller may offer accommodation to the consumer on another date determined by the seller. The seller has the exclusive authority to decide on the date of the stay. If another date is offered to the consumer, the consumer will not be able to use other optional rights.

 

RIGHT OF WITHDRAWAL
11.1. Consumer; Within 14 (fourteen) days from the date of conclusion of the contract, he can use his right to withdraw from the contract by refusing the service without taking any legal and criminal responsibility and without giving any reason, provided that he notifies the Seller via the contact information below. In distance contracts for service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the seller. By accepting this contract, the buyer accepts in advance that he has been informed about the right of withdrawal.

11.2. In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days.

STATUS OF DEFAULT AND LEGAL CONSEQUENCES
The consumer accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the expenses and attorney’s fees to arise from the consumer, and in any case, the consumer accepts, declares and undertakes that he will pay the damage and loss suffered by the seller due to the delayed performance of the debt, in case the consumer defaults due to his debt.

13. COMMERCIAL ELECTRONIC MESSAGE SEND APPROVAL

Consumer, about the services, advertisements, advertisements, campaigns and activities of DP Otelcilik ve Turizm Tic A.Ş. and commercial electronic messages/sms etc. with him pursuant to Law No. 6563. consents to its sharing. If the consumer wishes to cancel the consent given, he/she will notify this situation to the communication channels of DP Otelcilik ve Turizm Tic A.Ş. in this contract and the seller will terminate the notification.

14. PROCESSING, PROTECTION AND DESTRUCTION OF PERSONAL DATA

The provisions of the Law on Protection of Personal Data No. 6698 for the personal data of the consumer provided within the framework of this contract, for the relevant persons to benefit from the services offered by the seller, for the necessary work to be carried out by the business units during the stay and for the execution of the relevant business processes, for the legal, technical and commercial-work security of the persons concerned. are processed, preserved and destroyed in accordance with

15. NOTICE

The addresses of the parties specified in Article 1 of this Agreement are accepted as addresses other than any notification to be made due to the Agreement. The party whose address has changed is obliged to notify the other party in writing within 3 days, otherwise the notification made to the old address will be valid. Any notification to be made due to this Agreement shall not be valid unless in writing.

16. AUTHORIZED COURT

In disputes arising from this Agreement, the application of Turkish Law in disputes arising from this Agreement and the jurisdiction of Istanbul Çağlayan Courts and Enforcement Offices have been accepted.

17. DURATION AND EFFECTIVENESS OF THE AGREEMENT

The consumer is deemed to have accepted all the terms of this contract when he pays the accommodation fee for the reservation he has created through the website. Before the performance of the service, the seller is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the consumer on the site. This contract ends with the performance of the service.

SELLER: DP Otelcilik ve Turizm Tic A.Ş.

BUYER:

HISTORY:

Check Availabity

1 Room , 1 Adult , 0 Children
Rooms
Adults
Childrens