Distance Sales Agreement
ARTICLE 1: PARTIES
Between the address Gölköy Mah. 30. Sok No:3 Bodrum / Muğla / Turkey of Sempe Turizm Otelcilik Ltd. Şti. (Hereinafter referred to as “Flamm”), and the consumer(s) with the information specified below, a Accommodation Sales Agreement has been arranged within the following terms and conditions.
ARTICLE 2: SUBJECT
The subject of this agreement is the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Act No. 6502 and the Regulation on Remote Sales Agreements, regarding the Hotel Accommodation Sales service sold electronically by Flamm to the consumer through the https://www.flammbodrum.com/ website.
ARTICLE 3: CONTRACT PRICE AND PAYMENT TERMS
3.1. The consumer will pay the contract price by credit card through the site belonging to Flamm or by EFT/wire transfer to the bank accounts specified by Flamm.
3.2. All services included in the contract price are stated in detail on the accommodation’s internet promotion page and the Reservation Document, while services outside of those are subject to additional fees. In particular, the price of all extra food-drink, personal expenses, transportation, and services outside the scope of the purchased service, are not included.
3.3. The consumer is obliged to make an advance payment of at least one night’s fee of the contract price at the time of registration and the balance upon leaving the hotel. In the case of early reservations, promotional or special product sales, the consumer must pay the full contract price on the reservation date. If the payments stated within the mentioned periods are not made, the reservation will be cancelled and the service fee will be invoiced to the consumer as a compensation of one night’s accommodation fee. Also, the fee taken as advance payment cannot be returned as it is taken as a guarantee amount.
3.4. The consumer agrees to pay the interest, maturity difference, and currency difference calculated and notified by Flamm in addition to the contract price in credit card payments.
ARTICLE 4: CANCELLATION, TRANSFER AND CHANGES
4.1. To cancel or change reservations, contact must be made with the Support Line (+90 252 3577600) or by sending a valid reason to the email address email@example.com, or by notifying via written or permanent data storage.
4.2. The following rules apply in case of cancellation and changes:
- If the consumer requests a cancellation or change 15 days or more prior to the date of entry into the facility, the full fee will be refunded. If the consumer cancels or makes changes 14-7 days prior to the date of entry into the facility for any reason the consumer will be responsible for one night’s accommodation fee. If the consumer cancels or makes changes less than 7 days prior to the date of entry into the facility, the consumer will be responsible for the full amount and agree to pay this amount to Flamm.
- The consumer does not have the right to cancel the discounted product they have purchased during the early booking period for any reason. If the consumer wishes to change the date of the discounted early booking product purchased during the discounted sales period for any reason, the consumer agrees that the reservation change will be made at the list prices in effect on the date of the request without any discount.
- Unless the consumer informs Flamm in writing of any changes they wish to make to their reservation with an advance payment at least 7 days prior to the date of entry into the facility, the accommodation arrangements and conditions written in this agreement and the reservation will be valid.
- In the event that the consumer does not inform in writing that he/she will not be able to reach/access the accommodation facility, Flamm reserves the right to cancel all reservations made on behalf of the consumer within 24 hours of the beginning of the accommodation. In such cancellations, the consumer will not receive any refund.
- Flamm is obligated to fulfill its obligation within the period it has committed from the date it received the reservation. In the event that Flamm fails to fulfill its obligation, the consumer can cancel the contract. In the event of cancellation of the contract, Flamm must refund all payments received, including legal interest, to the consumer within 14 days of receipt of the cancellation notice and return any valuable documents that put the consumer in debt.
- In the event that the performance of the service covered by the reservation becomes impossible, Flamm is obliged to inform the consumer in writing or through a permanent data storage device within 3 days from the date it learned of this situation and to refund all payments received within a maximum of 14 days from the date of the notice.
- In the event that Flamm unjustly cancels the contract, it is obliged to refund all payments made by the consumer to date.
4.3. The consumer’s change requests outside the date of the reservation are evaluated with the condition that they are reported to Flamm up to 7 days before the start of the service. Flamm will take this change request into consideration to the extent of its possibilities; Flamm cannot be held responsible or liable for any complaints regarding unfulfilled change requests.
4.4. In the event of an early departure from the hotel, the consumer is responsible for paying the full contract amount and agrees to pay this amount to Flamm.
4.5. 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 subject to this agreement has been examined and evaluated by the consumer through Flamm’s website. The cost of the accommodation and payment method can be seen by the consumer before the reservation is completed through the website, and the consumer chooses one of the payment options at their own discretion. The consumer completes the payment by entering their credit card information into the system. The system for entering credit card information is protected by international security software and information cannot be viewed or copied in any way. However, if passwords and information are obtained by third parties due to viruses, etc. on the consumer’s computer or the consumer’s negligence, Flamm is not liable for any criminal sanctions or compensation, and also has the right to claim damages from the consumer for any damages that may occur as a result.
5.2. It is the responsibility of the consumer to inform the authorized person in writing of any complaints during the performance of the service with good faith. If the consumer uses the service without informing the Flamm officials of the complaint, it will eliminate compensation rights such as replacement service and refund of the fee.
5.3. The consumer, even if they are unable to sign this hotel reservation agreement due to any reason through mail order, virtual pos, transfer or EFT, they have learned the terms and conditions of this agreement that will be valid between the parties through the catalog, internet site or advertisements and have committed to taking this hotel reservation agreement in accordance with the written conditions in this agreement.
5.4. The consumer promises that after obtaining all the information about the hotel mentioned in this hotel reservation agreement and signed by this agreement from the Flamm-owned web addresses and after making all the necessary examinations, they read and signed this agreement.
5.5. If no entry is made to the hotel without cancellation, the accommodation fee will not be refunded. In case of a force majeure such as death, illness, accident, etc., the fees for the unused periods will be refunded upon documentation of the reason. The fees for the remaining periods will not be refunded in case of late entry to the hotel or early departure for any reason other than these reasons.
5.6. Identity and age control is performed at the facility entrance. If a difference arises due to incorrect or incomplete statements, it will be collected at the time of hotel entry.
5.7. The dates of accommodation, names of the persons to be accommodated, the facility-room type for the accommodation, and the accommodation system are clearly stated in the promotional page published on Flamm’s website and in the reservation records made by the consumer, and are an integral part of this agreement.
5.8. The consumer will stay at the facility for the dates specified in the reservation. If the facility is available outside of these dates, the consumer can extend the date after making the request and payment for the extension of the stay to Flamm.
5.9. Flamm is not responsible for any loss and/or theft of the consumer’s valuable items during their stay at the accommodation facility.
5.10. The consumer(s) acknowledge, declare, and undertake that regardless of the arrival time at the hotel, the earliest time they can check in to the rooms is at 2:00 PM, that they must vacate the rooms by 12:00 PM on the day of departure, regardless of the time of departure from the facility, and that the cost of any additional food, drinks, and services outside the system are their own responsibility.
5.11. Consumers who participate in the service subject to this agreement but do not have their signature on the agreement, will be considered to have accepted and committed to the terms of the agreement by the signature of the person they have authorized to make the registration on their behalf. Flamm retains the right of recourse to the other consumers for the collection of the surplus amount or service fee paid to the individuals with signatures on the agreement.
5.12. The consumer acknowledges and declares that they have received information on the quality of the product/service, the sales price, the payment method, the performance and all other pre-information and that they are aware of it by reading it and giving the necessary confirmation in the electronic environment. Flamm is responsible to the consumer for any defects in the subject service of the agreement.
5.13. Invoices are sent to the address specified in the invoice address section by the consumer during the reservation. If the invoice address section is left blank, the invoice will be sent to the contact information address. Flamm is not responsible for deliveries that cannot be made due to incorrect address specification or lack of specification of the recipient or inability to reach the specified address.
5.14. Child discounts are valid when they are accommodated in the same room as their parents. The child’s age declared by the consumer will be taken into consideration in the reservations of families with children. However, if a difference is detected between the age stated in the child’s ID card requested by the facility staff during the hotel check-in registration and the declared age, the price difference must be paid by the Consumer to Flamm and the necessary changes will be made.
5.15. Adverse weather conditions, roadblocks, terrorism, strikes-lockouts, the possibility of war, floods, fires, unpredictable technical issues, etc. are considered to be irresistible causes. In such cases, Flamm may cancel the accommodation or change it with another accommodation facility in the same region or in another region of the same category and quality. The consumer has no right to compensation in such cases.
5.16. In accommodations sold as being with an artist, such as holidays and New Year’s Eve, if the situation arises outside the hotel’s control (the artist getting sick), Flamm reserves the right to make artist changes.
5.17. The hotel reservation/registration document is an appendix to this agreement and an integral part of it and is binding on the parties.
ARTICLE 6: AUTHORIZED COURT
In resolving disputes arising from the implementation of this accommodation agreement, the provisions of this agreement and the provisions of the Law No. 6502 on Consumer Protection and its related regulations shall be applied first and the parties may apply to Consumer Courts and/or Consumer Dispute Resolution Boards within the legal limits. The competent court in resolving disputes is the courts and execution offices of Muğla (Bodrum). The consumer acknowledges and declares that they have received a copy of all the information regarding the service subject of the contract, sales price, payment method, information on performance, and all other information written on the presentation page and the registration (reservation) document on the electronic platform and have read it and have become knowledgeable and have given the necessary confirmation on the electronic platform.