Reservation details have been given, and a service agreement has been signed between the CONSUMERS and GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. (hereinafter referred to as GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş.). In matters not written in the agreement, Law No. 1618 and the regulations, bylaws, circulars, communiqués and schedules issued in connection therewith, Law No. 2634, IATA, IHA, UFTAA convention provisions, international private and official agreements shall be applied.
Article 1 - Subject:
This agreement covers the rights and obligations of the parties in relation to the sale and performance of the hotel reservation service purchased by the CONSUMER through GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş., pursuant to the provisions of the Law No. 4077 on the Protection of the CONSUMER and the Regulation on the Implementation Procedures and Principles of Distance Contracts.
Article 2 - General Provisions:
2.1- The CONSUMER declares that they have read and become informed of all preliminary information regarding the qualities, sales price and payment method of the service subject to the agreement and its performance through the websites belonging to GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş., and that they have given the necessary confirmation electronically.
2.2- GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. is responsible to the CONSUMER due to the service being defective.
2.3- After the performance of the service, if the relevant bank/financial institution does not pay the service fee to GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. for a reason not arising from the fault of GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. regarding the credit card belonging to the CONSUMER, the CONSUMER shall be responsible for the damages arising.
Article 3 - Right of Withdrawal:
The CONSUMER has the right of withdrawal by notifying GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. via e-mail within 7 days after this agreement becomes valid for the performance of the service subject to the agreement to themself or to the person they indicate, provided that they pay a transaction fee of 40.00 TL. At the end of 15 business days following the notification, the service fee shall be refunded to the CONSUMER. Early reservation and special period services such as holidays and semester are outside this scope. For reservations falling within special periods, Article 4 shall be taken as basis.
Article 4 - Cancellation – Transfer - Change
4.1 A- Although the CONSUMER does not exercise the right of withdrawal within its period, if they cancel the agreement 7 days before the start of the service, they accept and undertake to pay 25% of the service fee, and if less than 7 days remain, the entire service fee to GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. This condition is not valid when the early reservation cancellation assurance package is purchased.
4.1 B- Date changes by the CONSUMER are deemed as cancellation, and the prices of the service on the date of change are valid. The CONSUMER is obliged to pay the difference that may arise to GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş.
4.1 C- Written submission of the illnesses/deaths of the CONSUMER or their first-degree relatives that constitute a 10-day obstacle, with an official board report obtained from a fully equipped state hospital, is an exception to the cancellation/transfer articles.
4.1 D- The CONSUMER accepts and undertakes to pay 40 TL (Forty Turkish Liras) to GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. as a transaction fee for all change requests.
4.2 The CONSUMER may transfer the service to any person they wish, provided that they notify in writing 7 days before the start of the service. The transferor and transferee are responsible for all expenses arising.
4.3 If the CONSUMER does not notify in writing of their participation in the service whose start they have missed, GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. may cancel all services made on behalf of the CONSUMER after 24 hours. No fee refund shall be made to the CONSUMER.
4.4 The CONSUMER who makes a Cancellation Assured transaction may cancel their reservation without paying any penalty, provided that they notify in writing or verbally (e-mail, message, etc.) no later than 3 (three) days before the planned check-in date.
For cancellations made less than 3 days before the check-in date, the entire reservation amount shall be collected.
4.5 In refunds to be made in response to the cancellation request, the collected Cancellation Assurance Fee amount cannot be refunded or the offered Cancellation Assurance Fee cannot be cancelled.
Article 5 - General Provisions:
5.1 All responsibility regarding baggage and its contents belongs to its owner, and GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. has no responsibility regarding loss, theft, or damage. The CONSUMER is obliged to comply with the laws and customs to which the vehicle they will travel in and the facility where they will stay are subject.
5.2 CONSUMERS who do not have a signature on the agreement but participate in the service shall be deemed to have accepted and undertaken the terms of the agreement upon the approval of this agreement by the CONSUMER they have authorized on their behalf. The right of recourse of GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. to other CONSUMERS is reserved.
5.3 The CONSUMER must first notify the hotel of all dissatisfaction regarding the hotel, and subsequently must show the hotel as the opposing party in lawsuits and complaints they may file. In no way may they make claims for material, moral compensation, etc. through GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş.
5.4 In cases within the responsibility of GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. where it partially or completely fails to comply with the agreement, the articles of the TÜRSAB KÜTAHYA SCHEDULE shall be applied in calculating the compensation to be paid.
5.5 GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. has announced the information regarding the qualities and star rating of the accommodation facility subject to the service and the services foreseen in the accommodation facility based on the declaration, brochures, and information on the official website of the accommodation facility, and in the event that the accommodation facility is not kept ready with the stated qualities or is not in a condition to provide service, GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. has no responsibility. Responsibility exclusively belongs to the accommodation facility. In this case, GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. has the right to accommodate the consumer in a facility of the same standard or a higher category. If the CONSUMER does not accept such a change, they have the right to receive back the total amount paid for their reservation and have no right to compensation from GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş.
5.6 GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. is responsible for reasons other than force majeure, circumstances for which the CONSUMER is responsible, and circumstances arising from the personal responsibilities of third parties. In cases within the responsibility of GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş., it may compensate changes against the CONSUMER in the form of a fee or service refund to the CONSUMER pursuant to the provisions of the TÜRSAB KÜTAHYA SCHEDULE, or may also seek compensation through additional or alternative services provided to the CONSUMER during the service. Receipt and use of additional or substitute services eliminates the CONSUMER’s rights to fee refund and compensation.
5.7 If the CONSUMER leaves early on the grounds that the service is defective, including force majeure reasons, during the performance of the service, they are obliged to notify the official of GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. and the hotel where they stay in writing of the reasons, and the refund is at the discretion of the cooperating hotel/provider, and they cannot direct any objection to GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. on this matter; the penal action to be applied shall be invoiced to the CONSUMER. Otherwise, the service shall be deemed to have been received and used.
5.8 GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. may partially or completely change the service in cases it deems necessary, provided that it notifies the CONSUMER 7 days before the start of the service, and 1 day before in special period and campaign services. If the CONSUMER does not accept these changes, they may cancel the service and receive a full refund of the fee paid. In this case, the CONSUMER has no right to compensation.
5.9 In price increases belonging to the early reservation period and/or all periods, the difference is not requested from the customer, and likewise, in discounts called actions by the facility, no refund to the CONSUMER is in question.
Article 6 - Competent Court:
Izmir Consumer Courts and Arbitration Committees are authorized in the resolution of disputes arising from the implementation of this agreement. Even if the CONSUMERS could not sign this hotel reservation agreement for any reason by purchasing via mail order, virtual POS, money transfer or EFT, they have learned the terms of this agreement, which shall be valid between the parties, through catalogues, website or advertisements, and have undertaken to purchase this hotel reservation agreement under the written terms in this agreement. The CONSUMER shall be deemed to have accepted all conditions of this agreement consisting of 6 articles. The default interest rate is 18% annually. I have read, understood and accepted all pages of this agreement issued in our name, the TÜRSAB KÜTAHYA SCHEDULE and all information regarding the product electronically, and received one copy each. I authorize GÜVERCİNLİK ENTERNASYONEL OTELCİLİK TURİZM İNŞ. A.Ş. to collect from my credit card whose number is written above for the services I have purchased/will purchase.