Distance Sales Agreement, Booking Cancellation and Refund Conditions
ARTICLE 1 – PARTIES
1.1. COMPANY (hereinafter referred to as "mozaik-apartments.com")
Company Title: RESPİRA TUR. İNŞ. TİC VE SAN. LTD. ŞTİ
VKN: 7342726257
V.D.: FETHİYE
MERSİS: 0734272625700001
Address: Ölüdeniz Mah. 238. Sk No:1-1
Phone: 0252 614 46 46
E-mail: info@mozaik-apartments.com
Website: www.mozaik-apartments.com
1.2. CONSUMER (hereinafter referred to as "Consumer")
Name - Surname:
Address:
Phone:
E-mail:
Billing Address:
mozaik-apartments.com and the Consumer will be referred to individually as the "Party" and jointly as the "Parties".
ARTICLE 2 – SUBJECT
This Distance Sales Agreement (hereinafter referred to as the "Agreement") has been drawn up in accordance with the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts. The subject of the Agreement is; the sale and delivery of the products/services provided by mozaik-apartments.com on the dates and with the characteristics specified below through the booking transactions made by the CONSUMER electronically on the www.mozaik-apartments.com website or via the mozaik-apartments.com booking phone line, the determination of the general provisions regarding the services and, within this scope, the mutual rights and obligations of the Parties.
ARTICLE 3 – AGREEMENT SUBJECT PRODUCT/SERVICE INFORMATION
The following information regarding the service subject to the Agreement is included:
– Information regarding the guests (name, number, category of persons)
– Booking period (commencement, termination, interruptions)
– Distribution of bookings over the period (details regarding the houses)
– Season prices (high, shoulder, low) within the booking period
– Special circumstances (discounted price, free services)
– The facility and house type where the accommodation will take place
ARTICLE 4 – BOOKING CONFIRMATION, AGREEMENT VALUE AND PAYMENT CONDITIONS
The booking confirmation and the Distance Sales Agreement will be sent by the system to the e-mail address provided by the CONSUMER following the completion of the full payment.
4.1. The content, scope, and fees of the products/services provided by mozaik-apartments.com are displayed on the relevant promotional page of the website. The total amount to be paid is specified in detail in the Preliminary Information Form during the sale and in this Distance Sales Agreement to be sent after the sale, along with all services included in the fee. VAT is included in the stated fees.
4.2. The Consumer is obliged to pay the entire amount of the product/service purchased through the website or booking line at the time of booking. The booking is not finalized until the full payment is made, and the Consumer cannot claim any rights.
4.3. The Consumer shall pay the agreement amount by credit card on the website belonging to mozaik-apartments.com or by EFT/bank transfer to the bank accounts specified by mozaik-apartments.com.
4.4. Prices are cash prices, and installment options on the credit card vary depending on the agreement between the card user's bank and us. All transactions regarding sales made by credit card take place between the CONSUMER, who is the cardholder, and the bank to which the card is linked, and MOZAİK-APARTMENTS.COM has no right of intervention or responsibility in these transactions. In payments made by credit card, additional payments such as interest, term differences, and exchange rate differences may also occur.
4.5. Products/services other than those specified in the Agreement are subject to an extra charge. Extra food, beverages, personal expenses, transportation, and all out-of-scope goods and services to be received by the Consumer and the persons staying together are not included in the price.
4.6. In the event of a change in the prices of the products/services subject to the agreement after the booking finalization date; the additional difference is not requested from the Consumer in case of a price increase, and no difference refund is made to the Consumer in case a price reduction or promotional discount is applied. In these cases, the Consumer cannot claim any rights.
4.7. The invoice regarding the product/service purchased is given to the Consumer while leaving mozaik-apartments.com. If the Consumer does not receive the invoice, they can contact MOZAİK-APARTMENTS.COM and request the invoice to be sent to an address they will provide. The Consumer is responsible for the accuracy of the address information and for the presence of the person who will receive the invoice at the address.
4.8. In the event that the CONSUMER cancels the service purchased in installments with a credit card for any reason, MOZAİK-APARTMENTS.COM will refund the collected amount back to the CONSUMER's credit card. The responsibility of MOZAİK-APARTMENTS.COM is limited to this. All subsequent transactions take place between the bank and the CONSUMER; MOZAİK-APARTMENTS.COM has no right of intervention or responsibility.
MADDE 5 – RIGHT OF WITHDRAWAL
Due to the nature of the product/service sold by MOZAİK-APARTMENTS.COM, the CONSUMER does not have the right of withdrawal in distance sales made within the scope of this agreement pursuant to Article 15/g of the Regulation on Distance Contracts.
ARTICLE 6 – CANCELLATION AND CHANGE BY THE CONSUMER
CANCELLATION
6.1. The booking cancellation must be notified via e-mail or fax.
6.2. If the cancellation takes place within 24 hours following the confirmation of the booking, the Consumer receives an unconditional refund of the deposit paid.
6.3. The Consumer must pay at least 30% of the total travel cost during the initial purchase.
6.4. If the paid deposit is more than 30%, the difference is refunded to the Consumer; if an advance payment of less than 30% has been made, the Consumer is obliged to pay the difference.
6.5. Cancellation conditions are as follows:
– Cancellation within 24 hours after the payment is made: 100% refund
– Cancellation 56 days or earlier prior to the accommodation: the remaining balance is refunded by deducting the amount of the deposit paid
– Cancellation 55–43 days prior to the accommodation: 50% of the total amount is deducted and the remaining is refunded
– Cancellation 42–0 days prior to the accommodation: 100% of the total amount is collected, no refund is made
6.6. In cases where the CONSUMER does not make the compensation payment arising from this agreement, these fees are legally requested from the CONSUMER by mozaik-apartments.com by means of a warning letter or enforcement proceedings.
6.7. All costs that may arise in such cases (lawyer, notary, enforcement and file expenses, etc.) are requested from the CONSUMER in addition to the fee to be paid.
CHANGE
6.8. The request to make a change in the booking by the Consumer must be notified in writing to mozaik-apartments.com at the latest 15 (fifteen) days prior to the day the accommodation will commence. MOZAİK-APARTMENTS.COM reserves the right to reject change requests notified by the CONSUMER after the specified date.
6.9. MOZAİK-APARTMENTS.COM will accommodate the change request provided that there is a vacant room on the requested dates. Otherwise, the CONSUMER will choose among the dates suggested by MOZAİK-APARTMENTS.COM or will be able to cancel the booking under the conditions in article 6.5.
6.10. The CONSUMER accepts, declares, and undertakes in advance to pay in full the price differences resulting from the changes made in line with their request. If the difference amount is not paid within 24 (twenty-four) hours at the latest after the change transaction is performed and the price difference amount is notified to them, the change request will be deemed invalid.
6.11. If the Consumer wishes to make a date change in the discounted early booking product for any reason, they accept that the un-discounted booking change will be made over the list prices valid on the date of the request. If the price of the new service is lower than the price of the previous canceled service, the difference is refunded to the CONSUMER.
ARTICLE 7 – CANCELLATION AND CHANGE BY MOZAİK-APARTMENTS.COM
CANCELLATION
7.1. Despite MOZAİK-APARTMENTS.COM showing all necessary diligence, in the event that force majeure events or situations arising from third parties that prevent the provision of the service occur before or during the service, MOZAİK-APARTMENTS.COM may cancel the agreement. Upon determination of this situation, the CONSUMER will be notified as soon as possible and the price of the unused services will be refunded. The CONSUMER has no right to any other compensation.
7.2. In the event that the CONSUMER misses the service start date and does not notify mozaik-apartments.com in writing that they will use the remaining days of the accommodation, MOZAİK-APARTMENTS.COM has the right to cancel the booking upon the completion of 24 (twenty-four) hours and to allocate the reserved rooms to other persons. The CONSUMER cannot request any fee refund for this reason.
7.3. Force majeure events are considered as cases such as adverse weather conditions, road blockages, terrorism, strikes-lockouts, probability of war, floods, fires, unpredictable technical issues, etc. In the event of the occurrence of such reasons, MOZAİK-APARTMENTS.COM may not provide service or may not be able to continue. In such cases, the CONSUMER has no right to compensation.
7.4. MOZAİK-APARTMENTS.COM also has the right to rescind the agreement for a justified reason. In particular, the following situations will be considered justified reasons:
– Force majeure events or situations beyond the control of mozaik-apartments.com that make the performance of the agreement impossible
– The CONSUMER providing misleading or false information in a faulty manner
– Acts that threaten the safety of mozaik-apartments.com or other guests
– Acts that disturb other guests
In the event that mozaik-apartments.com cancels the agreement for a justified reason, the CONSUMER cannot claim any fee refund, compensation, or any other right.
CHANGE
MOZAİK-APARTMENTS.COM may partially or completely change or cancel the booking before or during the service. The Consumer may accept these changes, accept another alternative service suggested by mozaik-apartments.com, or cancel their booking and receive a refund of the fee paid under the scope of the agreement. The CONSUMER has no right to claim any right or compensation other than the refund payment.
ARTICLE 8 – TRANSFER
In the event that it is not possible for the CONSUMER to participate in the purchased service, they may transfer their booking, by providing written notification to mozaik-apartments.com at least 5 (five) days prior to the accommodation start date, to a third party who will accept and undertake to fulfill all conditions of the agreement also in writing. The CONSUMERs transferring and taking over the agreement are jointly and severally liable to mozaik-apartments.com for the payment of the agreement value, additional amounts, and all extra expenses arising from the said transfer.
ARTICLE 9 – MUTUAL RIGHTS AND OBLIGATIONS
9.1. This agreement will enter into force on the date the product/service is purchased and the full price is paid, and it will terminate automatically upon the expiry of the accommodation period without requiring any notification.
9.2. CONSUMERS who do not have a signature in the agreement but participate in the service subject to the agreement are deemed to have accepted and undertaken the provisions of the agreement upon the reading and signing of this agreement by the persons they have authorized to register on their behalf. The person authorized to register is obliged to provide the Preliminary Information and agreement information to the participating persons.
9.3. The check-in time to mozaik-apartments.com houses is 14:00 for all Consumers. The check-out time from mozaik-apartments.com houses is at the latest 12:00. If the Consumer does not vacate the house before 12:00, they must cover the damage that mozaik-apartments.com will incur.
9.4. Unless written permission is obtained from mozaik-apartments.com, it is forbidden to bring items into the facilities that are malodorous, leaking, flammable, or explosive, or that cause disturbance to the environment, as well as cutting, piercing instruments, and firearms.
9.5. Identity and age controls are performed at the check-in to mozaik-apartments.com. If a difference arises due to a false or incomplete declaration, it is collected at the moment of entry to mozaik-apartments.com.
9.6. In the event that the CONSUMER does not accept the performance on the grounds that the service they purchased is defective, they must notify mozaik-apartments.com of the situation immediately in writing. Otherwise, the CONSUMER is deemed to have accepted the performance and eliminates their rights to substitute service, price refund, or compensation regarding the subjects of complaint.
9.7. MOZAİK-APARTMENTS.COM is not responsible for any loss, damage, or theft of valuable items of the CONSUMER in the accommodation facility. The CONSUMER is responsible for the supervision of their valuable items, and it is recommended not to bring valuable items or to use the room safe.
9.8. Products forgotten or left behind by the CONSUMER are sent to the address they will provide upon the request of the CONSUMER, provided that the risk and shipment cost belong to the CONSUMER. MOZAİK-APARTMENTS.COM stores such items for a period of 3 (three) days and, if no information or request is received from the CONSUMER at the end of this period, destroys them regardless of their value. In this case, the CONSUMER cannot claim any compensation or right.
9.9. Situations such as natural disasters, war, terrorism, uprising, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, which were not present or predictable at the date the agreement was signed, develop beyond the control of the parties, and make it impossible for the parties to fulfill their obligations arising from the agreement partially or completely, will be accepted as force majeure. In the event that force majeure prevents the realization of the agreement, the party in whose person it occurs will notify the other party of the situation immediately and in writing. If the CONSUMER requests the termination of the agreement due to force majeure, MOZAİK-APARTMENTS.COM will make every effort required to refund the value and is obliged to refund to the CONSUMER the value it could receive from the person or organization from which it purchased or mediated the service. MOZAİK-APARTMENTS.COM cannot be held responsible for the refund of the value it could not receive.
9.10. Due to the measures taken because of the Covid-19 virus, which has been declared as a pandemic by the World Health Organization (WHO), changes may occur in the services and general activities of mozaik-apartments.com. The CONSUMER must comply with such changes or measures. The CONSUMER cannot claim any rights due to restrictions arising from such measures.
ARTICLE 10 – GENERAL PROVISIONS
10.1. This agreement will enter into force on the date the product/service is purchased and the full price is paid, and it will terminate automatically upon the expiry of the accommodation period without the need for any notification.
10.2. In the event that the relevant bank or financial institution does not pay the service fee to MOZAİK-APARTMENTS.COM due to the unfair or unlawful use of the credit card belonging to the CONSUMER by unauthorized persons after the performance of the service, the CONSUMER is responsible for the damages incurred.
10.3. If any provision of this agreement becomes invalid, contrary to the legislation, or inapplicable for any reason, it shall be interpreted and applied in the closest way to how it would have been applied if this situation did not exist. The presence of such a provision does not affect the validity, legality, and applicability of the other provisions.
ARTICLE 11 – LAW AND AUTHORIZED COURT
The Law of the Republic of Turkey shall apply to the interpretation and implementation of this agreement. In the resolution of disputes arising from the implementation of this accommodation agreement; primarily the provisions of this agreement and the provisions of the Law on the Protection of Consumers No. 6502 and the relevant Regulation shall apply, and the parties may apply to the Consumer Courts or the Arbitration Committee for Consumer Problems in the place where the CONSUMER purchased the goods or services or where their residence is located, within the monetary limits determined by the Ministry in December every year. The authorized court in the resolution of disputes is; Fethiye Courts and Enforcement Offices.
The Consumer accepts and declares that they have received a copy of the information electronically regarding the characteristics of the service subject to the agreement, the sales price, the form of payment, information regarding the performance and all matters written in the preliminary information and on the promotional page on the website, that they have read and possess information, and that they have given the necessary confirmation in the electronic environment.