Distance Sales Agreement

Distance Sales Agreement Distance Reservation Agreement Pre-Information Form

1. Introduction

The subject of this Distance Reservation Agreement Pre-Information Form (“Pre-Information Form”) is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law on Consumer Protection numbered 6502 and the Regulation on Distance Contracts dated 27.11.2014 regarding the services purchased by the BUYER. By accepting this Pre-Information Form, the BUYER acknowledges, declares, and undertakes that, if they approve the service subject to the distance reservation agreement, they will be obliged to pay the service fee and any additional fees in accordance with the principles specified in this Pre-Information Form.

2. Information

2.1. Information regarding the seller

Name/Title:   LKH OTELCİLİK TURİZM SANAYİ VE TİCARET LİMİTED ŞİRKETİ/ LKH HOSPİTALİTY TOURİSM INDUSTRY AND TRADE LİMİTED COMPANY

Tax Office: ÇEŞME

Tax Identification Number: 6090781718

MERSIS Number: 0609078171800001

Address: ALAÇATI MAHALLESİ İNÖNÜ CAD. NO: 61 ÇEŞME/İZMİR

Phone: +90 507 445 00 00

Fax:

E-mail:  info@thelocalhouse.com.tr

Website: https://thelocalhouse.com.tr

2.2. Information Regarding The Buyer

Name:

Surname:

T.C. Identity Number:

Billing Address:

Phone:

E-mail:

The BUYER, whose information is provided above and who requests to benefit from the services provided by the SELLER, is aware that the e-mail address they have declared will be considered as the valid notification address for all kinds of notifications to be made by the SELLER and that any notification sent to the e-mail address specified will have all legal consequences of a valid notification.

3. Basic Qualities Of The Service Subject To The Agreement And The Price Including Taxes

The following amounts constitute the total accommodation fees, including taxes, to be paid by the BUYER for the service and the reservation fee to be paid under the distance reservation agreement. The service subject to the agreement consists of accommodation services to be provided at the location specified below.

The BUYER acknowledges, declares, and undertakes that, with the establishment of the distance reservation agreement, they will pay the reservation fee, but to benefit from the service subject to the agreement, they are obliged to pay the entire Accommodation Fee upon entry to the Location, in accordance with the principles specified in this Pre-Information Form. The nature of the service subject to the agreement, the sales price including VAT, and the payment conditions are specified on the website thelocalhouse.com.tr (“Website”) and in the table below.

Hotel Name/Location Information: 

The Local House / Alaçatı, İnönü Cd. No:61, 35930 Çeşme / İzmir

Room Details: 

Accommodation Start Date:

Accommodation End Date:

Total Sales Price of Accommodation (total amount including VAT):

Reservation Price (total amount including VAT):

Billing Address:

4. General Terms And Conditions

This Pre-Information Form pertains to location reservation rules, reservation conditions applicable as of the reservation date, and fees; the BUYER’s obligations regarding the remaining accommodation fee are permanent. The BUYER is obliged to comply with the rules set by the SELLER from the moment they enter the Location and to pay the fees for the paid services and rights offered by the Location in return for payment.

4.1. The service will be performed in the hotel located in the Location specified by the BUYER on the Website.

4.2. The information of the guests/BUYER entered during the reservation and the persons who will benefit from the service in the Location must be the same. The BUYER is responsible for entering correct and up-to-date information into the reservation system.

4.3. If the credit card owned by the BUYER is used by unauthorized persons for any reason and the bank or financial institution does not pay the service fee to the SELLER, the BUYER is responsible for any resulting losses.

4.4. The BUYER is obliged to inform the SELLER if they cannot check into the hotel on the Service Start Date or if they will check in late. Otherwise, the SELLER has the right to cancel the BUYER’s reservation. In addition, no refund will be made by the SELLER in such cases.

4.5. No refunds will be made for cancellations or changes made after the Service Start Date.

4.6. If the BUYER leaves the hotel before the Service End Date, no refund will be made for the days not used.

4.7. The check-in time at the Location is 14:00 on the Service Start Date, and the check-out time from the Location on the Service End Date is 12:00.

4.8. Different prices may be applied for guests aged 0-16 at the location. Children (aged 0-16) are not accepted at the hotels of the SELLER in Bebek/Istanbul and Alaçatı/Çeşme. The BUYER acknowledges that ID/passport control may be conducted on the Service Start Date. In case of age difference detected in the information provided during the reservation process for child guests, the SELLER has the right to request the price difference from the BUYER. If the price difference is not paid by the BUYER, the SELLER has the right to cancel the agreement.

4.9. The SELLER may, at its discretion, accept changes to the room type and requests to add guests to the reservation made by the BUYER. In this case, the terms and payment conditions of the reservation will be updated according to the conditions of the day when the change is made.

4.10. The SELLER is not responsible for material and moral damages arising from technical faults that cannot be foreseen, natural disasters, war, terrorism, the possibility of war, or similar force majeure events, or technical defects, among other reasons.

4.11. The BUYER acknowledges that they are the owner of the credit card they have used for the payment of the Service Fees under this Agreement; in the event that they are not the owner of the credit card, they accept that they are solely responsible for the claims that will be made by the cardholder, exclusively due to the fact that the credit card is not owned by them.

4.12. The SELLER may unilaterally change the terms of use of the service on the Website, provided that it does not violate the current legislation.

4.13. The SELLER is not responsible for price and content errors caused by typesetting and system errors on the Website.

4.14. If it becomes impossible to fulfill the service due to natural disasters, war, fire, decisions taken by the government, and unforeseeable technical defects that partially or completely stop the working conditions of the SELLER or the location where the service will be provided before the Service Start Date, the SELLER shall notify the BUYER of this situation, and if the relevant fees have been paid, the SELLER shall refund the amount paid for the periods when the service cannot be provided.

4.15. The BUYER cannot transfer or assign their rights and obligations arising from this Agreement to third parties. The BUYER is obliged to inform third parties who will benefit from the service about the rights and obligations mentioned in this Agreement and to ensure that these terms are complied with by the relevant person; otherwise, the SELLER cannot be held responsible.

4.16. If the BUYER pays the reservation fee in installments with a credit card, the installment form selected by the BUYER on the Website is valid. In installment transactions, the relevant provisions of the agreement signed between the BANK and the cardholder with the BUYER are valid. The payment date of the credit card is determined in accordance with the agreement provisions between the bank and the BUYER. In addition, the BUYER can track the installment number and payments from the bank’s account statement sent to them.

4.17. If the BUYER defaults on payment of their debt due to the use of their credit card for transactions made through the SELLER’s website, the BUYER will pay interest to the bank, and they will be solely responsible towards the relevant bank. In the event of the BUYER’s default on payment, the BUYER will be responsible for all damages and losses incurred due to the delay in performance of the debt.

4.18. In the event that the BUYER defaults on payment as a result of transactions made with the BUYER’s credit card, the BUYER shall be responsible for paying interest in accordance with the credit card agreement made between the BUYER and the bank, and shall be liable to the relevant bank. If the BUYER defaults on the payment of the debt, the BUYER shall be liable for any damages and losses incurred by the SELLER due to the delayed performance of the debt.

4.19. The BUYER acknowledges and declares that they have read and understood the preliminary information regarding the essential characteristics of the service subject to the contract, the sales price including all taxes, the reservation price, and the payment method, and the full trade name, address, and contact information of the SELLER on the Website, and has provided the necessary confirmation electronically.

4.20. By confirming this Agreement electronically, the BUYER acknowledges and confirms that they have obtained accurate and complete information about the address, phone number, and other contact information to be given to the Consumer before the conclusion of the distance contracts, the basic characteristics of the services to be used, the total price of the services, including taxes, the payment details, and the methods of resolving complaints from the SELLER in electronic media.

4.21. The SELLER cannot be held responsible for any loss, theft claims, or demands that may arise with the rooms, and the BUYER is personally responsible for the storage and safekeeping of their belongings. The BUYER accepts, declares, and undertakes that the SELLER shall not be liable for any loss or damages that may occur in violation of this article.

4.22. The SELLER may, at its sole discretion, conduct various campaigns for BUYERS from time to time on the Website.

4.23. The SELLER reserves the right to stop, update, and change the campaign conditions it has announced on the Website at any time. The BUYER must review the campaign conditions before each purchase transaction on the Website.

4.24. In order to benefit from the service subject to the contract, it is a condition that the entire accommodation fee is paid by the BUYER in the payment method preferred by the BUYER. If the BUYER does not pay the entire accommodation fee, the payment is canceled for any reason, or the payment made by the BUYER is canceled in the bank records or due to the objection to the expenditure before the performance of the service, the service fee shall not be paid to the BUYER and/or shall be collected back from the BUYER, and the SELLER shall be deemed to have been relieved of the obligation to perform the service. In the event of an unsuccessful code sent by the bank and/or financial institution for any reason, but the payment made by the bank and/or financial institution to the SELLER, the BUYER acknowledges, declares, and undertakes that the SELLER has no liability.

4.25. The BUYER acknowledges and undertakes that the personal and other information given by them when requesting to benefit from the service is accurate, and that they will compensate all damages that the SELLER will suffer due to the inaccuracy of this information, immediately, in cash, and in advance upon the first notification of the SELLER.

4.26. The BUYER acknowledges and undertakes to comply with the legal regulations while using the Website of the SELLER and not to violate them. Otherwise, all legal and criminal liabilities arising from this will bind the BUYER completely and exclusively.

4.27. The BUYER cannot use the Website of the SELLER in a way that disrupts public order, is contrary to general morality, disturbs and harasses others, and violates the rights of others, for any illegal purpose, and in a way that prevents or complicates others from using the services (spam, virus, Trojan horse, etc.). In addition, the BUYER cannot engage in activities that prevent or complicate others from using the services (spam, virus, Trojan horse, etc.).

4.28. Links may be provided from the Website owned by the SELLER to other websites owned and/or operated by third parties that are not under the control of the SELLER and/or to other content. These links have been placed to provide ease of direction to the BUYER, do not support any website or person operating that site, and do not guarantee the information contained on the linked website.

4.29. The BUYER will behave in accordance with the conditions, rules, and regulations of the location/hotel where the service will be provided, will not engage in unruly behavior within the hotel, will not cause harm to the environment and third parties, and will be responsible for any losses and damages that may arise in all these respects, and the SELLER reserves the right to terminate the service immediately in case of non-compliance with this article.

5. Exception To The Right Of Withdrawal

The services to be provided by the SELLER under this Agreement are considered within the scope of “Exceptions to the Right of Withdrawal” as per Article 15.1.g of the Distance Contracts Regulation published in the Official Gazette dated November 27, 2014, and numbered 29188, and are in the nature of “contracts for the provision of accommodation, goods transport, car rental, supply of food and beverage, and entertainment or recreation for leisure purposes” as per the same regulation; In this context, the BUYER cannot benefit from the right of withdrawal for contracts evaluated within this scope.

6. Resolution Of Disputes

The responsibility for the service sold within the scope of this Agreement in accordance with the Law and the Distance Contracts Regulation belongs to the SELLER personally. However, the BUYER can directly communicate their complaints about the service to the SELLER. In the event of disputes arising from the implementation of this Preliminary Information Form regarding the application of the Tüketici’nin Protection Act, Consumer Problems Arbitration Committees in the province or district where the BUYER purchases the service or resides, including the monetary limits determined annually by the Ministry of Customs and Trade, are authorized. Consumer Courts are authorized for disputes exceeding this value. This Preliminary Information Form will be accepted by the BUYER as read and accepted by the BUYER, without any objection, to the effect that the service requested by the BUYER will create a payment obligation.

LKH OTELCİLİK TURİZM SANAYİ VE TİCARET LİMİTED ŞİRKETİ/ LKH HOSPİTALİTY TOURİSM INDUSTRY AND TRADE LİMİTED COMPANY

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