عقد البيع عن بُعد

ARTICLE 1: PARTIES

On the one hand, the address

FENERBAHÇE MAH. BAĞDAT CAD. NO:84/2 KADIKÖY İSTANBUL (hereinafter referred to as “the business”) and on the other hand, the consumer(s) whose details are provided below, have entered into an Accommodation Sales Agreement regarding reservation and accommodation services under the following terms and conditions.

ARTICLE 2: SUBJECT

The subject matter of this agreement is the Hotel Accommodation Sales service, the characteristics, sales price, and conditions of which are specified below, which the business sells to the consumer electronically via the orientaistanbul.com website. This agreement covers the mutual rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Remote Contracts Regulation.

CONTRACT PRICE AND PAYMENT TERMS

All services included in the price are detailed in the Reservation Confirmation, and any services beyond these are subject to additional charges.

ARTICLE 3: CONTRACT PRICE AND PAYMENT TERMS

3.1. The Consumer shall pay the Contract price by credit card through the business's website or by EFT/wire transfer to the bank accounts specified by the business.

3.2. All services included in the price are detailed on the accommodation's online promotional page and in the Reservation Document; services not listed are subject to additional charges. In particular, the price of the purchased service does not include any extra food and beverages, personal expenses, transportation, or any goods and services not included in the accommodation that the consumer may purchase.

3.3. The consumer is obligated to pay the full contract price on the date of reservation.

3.4. For credit card payments, the consumer agrees and undertakes to pay, in addition to the contract price, any interest, maturity difference, or exchange rate difference calculated and notified by the business.

ARTICLE 4: CANCELLATION, TRANSFER, AND CHANGES

4.1. For cancellations and changes to reservations, you must contact the Support Line (0 (536) 436 51 78) or send a valid reason to info@orientaistanbul.com or notify us in writing and/or via a durable data storage medium.

4.2. The following rules apply to cancellations and changes:

a. If the consumer requests a cancellation or change up to 15 days before the date of arrival at the facility, the full amount will be refunded. Except in cases where the consumer documents with an official report that they or their first-degree relatives have an illness preventing them from working for 10 days or death, the consumer is responsible for 50% of the total price for cancellations and changes made 14-7 days prior to the check-in date . For cancellations or changes made less than 7 days before the check-in date, the consumer is responsible for the full amount and agrees to pay these fees.

b. If the consumer wishes to cancel or change a discounted product purchased during the early booking period for any reason, they accept and undertake to pay 50% of the total price up to 7 days prior to arrival at the facility, and the full accommodation price if less than 7 days remain.

c. If the consumer wishes to change the date of a discounted early booking product purchased during the discount sale period for any reason, they accept that the reservation change will be made at the list prices valid on the date of the request, without any discount.

d. Unless the consumer specifies the desired change to the reservation for which they have made a prepayment in writing at least 7 days prior to arrival at the facility, the accommodation types and conditions specified in this contract and reservation shall remain valid.

e. If the consumer fails to notify the establishment in writing that they will be unable to go to/reach the establishment where they will be staying, the establishment has the right to cancel all reservations made on behalf of the consumer at the end of 24 hours after the start date of the stay. In such cancellations, no refund will be made to the consumer.

f. The business must fulfill its obligations within the period it has committed to from the date the consumer's reservation is received. If the business fails to fulfill its obligations, the consumer may terminate the contract. In the event of termination of the contract, the business must refund all payments collected to the consumer within fourteen days from the date the notice of termination is received, together with statutory interest, and return all valuable documents and similar documents that place the consumer under debt, if any.

g. In cases where it becomes impossible to perform the service subject to the reservation, the business must notify the consumer in writing or via a durable medium within three days of becoming aware of this situation and must refund all payments collected within a maximum of fourteen days from the date of notification.

h. If the business unjustly terminates the contract, it must refund all payments made by the consumer up to that date.

4.3. Requests for changes to the consumer's reservation, other than changes to the date, shall be considered provided that they are notified to the business at least 7 days prior to the start date of the service. The business shall address such change requests to the extent possible; no objection may be raised against the business or the business held liable for change requests that cannot be fulfilled.

4.4. In the event of early departure from the hotel, the consumer is responsible for paying the full contract price and agrees and undertakes to pay this amount to the business.

5.5. Any refunds arising from payments made will be made to the credit card or bank account used during the reservation.

ARTICLE 5: OTHER PROVISIONS

5.1. Information regarding the accommodation covered by this agreement has been reviewed and evaluated by the Consumer on the business's website. The accommodation fee and payment method are visible to the Consumer before completing the reservation on the website, and the Consumer chooses one of the payment options at their discretion. The Consumer completes the payment by entering their credit card details into the system. The system where credit card details are entered is protected by international security software, and it is not possible for the information to be viewed or copied in any way. However, the company shall not be liable for any penalties or compensation payments for damages that the consumer may incur due to transactions made on the system using passwords and information obtained by third parties through viruses or similar software on the consumer's computer or due to the consumer's negligence. Furthermore, the company reserves the right to seek compensation from the consumer for any damages that may arise for these reasons.

5.2. It is the duty of a good-faith Consumer to notify the authorized representative in writing of any complaints during the performance of the service. If the Consumer continues to use the service until the end without notifying the company's authorized representatives of their complaints, they forfeit their rights to compensation, such as replacement services and refunds, related to the subject of their complaints.

5.3. Even if the consumer is unable to sign this hotel reservation agreement for any reason, having obtained it via mail order, virtual POS, bank transfer, or EFT, the consumer has learned the terms of this agreement, which shall be valid between the parties, through the catalog, website, or advertisements, and has committed to accepting this hotel reservation agreement under the written terms of this agreement.

5.4. The consumer undertakes to read and sign this contract after obtaining all information about the hotel mentioned in the contract, which is signed with this hotel reservation, from the business's web addresses and making all necessary reviews.

5.5. If the hotel is not entered without cancellation, the accommodation fee will not be refunded. In cases of force majeure such as death, illness, or accident, the fees for the unused period will be refunded upon documentation of the force majeure. If late entry or early departure from the hotel occurs for any reason other than these causes, the fees for the remaining period will not be refunded.

5.6. Identity and age checks are performed upon entry to the facility. If there is a discrepancy due to incorrect or incomplete declarations, it will be collected at the time of check-in.

5.7. The dates of stay, the names of the guests, the type of accommodation facility/room, and the accommodation system are clearly stated in the promotional page published on the business's website, which is an annex and integral part of this agreement, and in the reservation records made by the consumer.

5.8. The consumer will stay during the dates specified in the reservation. Outside of these dates, if the facility is available and the consumer has made a request and payment to the business for an extension, they may extend the date.

5.9. The business is not responsible for any loss and/or damage to the consumer's belongings at the accommodation facility or for the theft of their valuables.

5.10. Regardless of their arrival time at the hotel, the consumer(s) hereby acknowledge, declare, and undertake that they may check into their rooms no earlier than 3:00 p.m. and that, on the day of departure, they must vacate their rooms by 11:00 a.m. at the latest, regardless of their departure time from the facility, and that they are responsible for the cost of any additional food, beverages, and off-system services they receive at the facility. , and that they hereby accept, declare, and undertake that they will be responsible for the cost of any extra food, beverages, and off-system services they receive at the facility.

5.11. Consumers who are not signatories to the contract but who participate in the service covered by the contract are deemed to have accepted and committed to the terms of the contract by having the persons they have authorized to register on their behalf read and sign this contract. The business reserves the right to recover any excess amount or service fee paid to the persons who are signatories to the contract from other consumers.

5.12. The consumer acknowledges and declares that they have received, read, and understood all preliminary information regarding the product/service subject to the contract, including its characteristics, sales price, payment method, performance, and other details, and that they have provided the necessary confirmation electronically. The business is liable to the consumer for any defects in the service subject to the contract.

5.13. Invoices are sent to the address specified by the consumer in the invoice address section during the reservation. If the invoice address section is left blank, the invoice is sent to the contact address. The business is not responsible for failed deliveries resulting from an incorrect address, failure to specify the recipient, or the recipient not being found at the specified address.

5.14. Child discounts are valid when children stay in the same room as their parents. The age of the child declared by the Consumer is taken into account in reservations made by families with children. However, if a difference is found between the age on the child's ID requested by the hotel staff during check-in and the declared age, the price difference must be paid by the Consumer to the business, and the necessary changes will be made.

5.15. Adverse weather conditions, roadblocks, terrorism, strikes, lockouts, the possibility of war, floods, fires, unforeseeable technical issues, etc., are considered force majeure. In such cases, if the accommodation cannot commence or continue due to these reasons, the operator may cancel the accommodation or replace it with another accommodation facility of the same category and quality in the same or another region. In such cases, the consumer has no right to compensation.

5.16. The reservation/registration document is an annex and an integral part of this contract and is binding on the parties.

ARTICLE 6: COMPETENT COURT

In the resolution of disputes arising from the implementation of this accommodation contract, the provisions of this contract and the provisions of Law No. 6502 on the Protection of Consumers and the relevant Regulations shall be applied first, and the parties may apply to the Consumer Courts and/or the Consumer Disputes Arbitration Committee within legal limits. The competent court for the resolution of disputes shall be the courts and enforcement offices of Istanbul (Beyoğlu). The consumer acknowledges and declares that they have received a copy of all information regarding the nature of the service covered by the agreement, the sale price, the payment method, and the information related to performance in the promotional page on the website and in the registration (reservation) document in electronic form, that they have read and understood the information, and that they have provided the necessary confirmation in electronic form.