MIDTOWN HOTEL DISTANCE SALES AGREEMENT
The real and/or legal person (hereinafter referred to as the ‘Customer’) on the one hand and Midtown Hotel located at (Sarema Turizm Insaat San. ve Tic. A.S.) Taksim, Lamartin Cd. No:13 34437 Beyoglu/Istanbul/Turkey (hereinafter referred to as the ‘Hotel’) on the other hand shall hereinafter be referred to as the Parties.
Taking into account that this Agreement is a formal offer, that it contains all the conditions for the provision of paid accommodation service, that all the terms stated below are binding for the Parties, that they are available on the website www.midtown-hotel.com, that they cannot be changed by the Customer, these Parties have concluded this Agreement under following articles.
- SUBJECT OF THE AGREEMENT
1.1. Pursuant to this Agreement, the Hotel is obliged to provide the accommodation service (hereinafter referred to as the ‘Service’) in the Hotel upon the Customer’s request.
1.2. By signing this Agreement (the Customer acknowledges that s/he has signed this Agreement by making a reservation for accommodation at the Hotel and/or for the services offered by the Hotel), the Customer confirms that s/he is informed of the rules of accommodation at the Hotel, reservation rules and tariffs.
1.3. When the Hotel confirms the Customer’s request, the Parties will have concluded this Agreement.
- FORM OF ACCOMMODATION RESERVATION
2.1. The service reservation can be made by the Customer by calling the phone number 0 (212) 361 67 67, filling out and submitting the reservation form on the webpage www.midtown-hotel.com, or online on the Hotel website.
2.2. In the event that the Customer wishes to terminate their request or make any changes, s/he may apply to the Hotel at the phone number 0 (212) 361 67 67, send an e-mail to firstname.lastname@example.org, or apply online through the Hotel website, provided that s/he complies with the matters and fulfills the conditions set out in this Agreement.
2.3. The Customer’s request to make change to their reservation must be submitted to the Hotel by the Customer or the Customer’s authorized agent by using one of the methods specified in article 2.2. no later than 2 (two) days before the start date of the stay. Cancellation of non-refundable reservations is excluded, and the full amount of the reservation shall be collected in case of any cancellation and request for change.
2.4. The Customer may request maximum 1 change and cancellation of the reservation without any charge. If the Customer requests more changes, s/he will be obliged to pay a fee as per the Hotel’s change, reservation, and cancellation tariff.
2.5. The Customer hereby accepts, declares, and undertakes that if the Customer makes/wants to make a change for any reason in the reservation within the period when the special discount is applied during the reservation (early reservation period, etc.), the new reservation shall be made as per the price lists applied on the date of the new reservation. The Customer agrees that special discounts shall not be valid for reservation changes made outside the periods for which special discounts are applied during the reservation.
2.6. The Hotel shall respond to the Customer’s request for change made within the relevant period on the basis of the vacancy at the Hotel.
2.7. Age discount shall be applied for children if they stay in the same room with their parents (two adults). The age of the child/children to be accommodated as declared by the Customer during the reservation as per this Agreement shall be taken into account in the check-in procedures to be carried out at the Hotel. In order to determine the age of the child/children, the Hotel staff may request the presentation of the child/children’s identity card(s) during check-in. In this case, the Customer shall present the child’s identity card. In the event that the child’s age declared at the reservation stage and the child’s age in the identity records are different, the Customer accepts, declares, and undertakes that the necessary changes shall be made in the reservation and the price difference arising from this change shall be met by the Customer.
2.8. There shall be at least one Customer over the age of 18 in the Hotel room. The persons under the age of 18 can stay, provided that they are accompanied by at least one adult.
- MODE OF PAYMENT
3.1. The Customer who shall stay at the Hotel shall enter their credit card information into the system during payments made by credit card through the online reservation system, or the payments to be made through customer representatives are forwarded to such customer representatives, and they make the purchase on behalf of the Customer with the information such as the desired date, room, etc.
3.2. The Hotel acknowledges that the credit card information and the system in which the information is presented are under the protection of a special security system that prevents the information from being seen or copied in any way and under any circumstances. At the same time, the Hotel shall neither meet nor be held responsible in any way for any damage and learning of the information, documentation, and secrets by the third parties caused by malware and similar program systems originating from the Customer’s computer or the Customer’s carelessness.
3.3. The Customer shall present to the reception staff, at the time of check-in, the credit card or a photocopy of the front part of the credit card used for payment when making the online reservation. The Customer shall be responsible for any loss/damage caused by the Customer’s failure to fulfill these responsibilities.
3.4. E-Invoice shall be given to the Customer at check-out after receiving the service. If the Customer does not receive the invoice during check-out, it shall be sent to the e-mail address specified by the Customer. If the Customer has not specified any address to send the invoice, the invoice shall be sent to the contact address. The Hotel shall not be held responsible for the non-receipt of the invoice due to the Customer’s giving incorrect address, not specifying the recipient, or the absence of the recipient at the specified address.
3.5. The payments to be made through our website shall be in Turkish Lira or Euro. In other payment methods (bank transfers, etc.) Euro, Dollar can be used. Information on exchange rates is provided by the Central Bank of the Republic of Turkey.
- REFUND OF PAYMENT AND CANCELLATIONS
4.1. In the event that the Customer submits their cancellation request to the Hotel 2 (two) days before the date of check-in to the Hotel by one of the methods specified in article 2.2, the payment made shall be refunded to the Customer by the Hotel within 15 (fifteen) business days following this request, minus the expenses such as commission, tax, etc.
4.2. In the event that the cancellation request is made later than 2 days prior to the Customer’s Hotel check-in date, the first night of the accommodation fee charged to the Customer shall not be refundable, and the Customer irrevocably agrees and declares that s/he has paid this amount to the Hotel as a penalty. In the event that the value added tax must be paid for the penalty and the other compensations to be paid by the Customer pursuant to this Agreement, the Customer is obliged to pay the value added tax in force.
4.3. The refunds or reimbursements to be made from the payments made by credit card during the reservation process shall be credited back by the Hotel to the bank account to which the Customer’s credit card belongs and/or to the bank account from which the payment was sent.
4.4. All refunds shall be returned to the Customer by the Hotel after deducting the costs such as commissions, taxes, etc.
- TYPE OF ACCOMMODATION
5.1. The age and identity of the Customer and accompanying persons shall be checked during check-in. The Customer accepts, declares, and undertakes in advance the legal responsibilities that may arise due to the Customer providing false information. The expenses that may arise due to this situation shall also be covered by the Customer.
5.2. The Customer shall pay for any extra expenses during the stay at the time of stay or check-out.
5.3. The Customer agrees that s/he shall settle in the room after 14:00 o’clock at the earliest on the day of check-in, regardless of the time of arrival at the Hotel, and that s/he shall leave the room at 12:00 o’clock at the latest, regardless of the time of check-out, and that s/he shall pay for the additional service to be provided to the Customer after leaving the room.
5.4. The full reservation fee shall be collected during online reservation.
5.5. Pets shall not be accepted by the Hotel.
5.6. In the event that the Customer gives up the service for any reason other than the Hotel’s failure to fulfill its responsibilities after settling in the Hotel, the payment made shall not be refunded.
- RESPONSIBILITIES OF THE PARTIES
6.1. The Hotel shall compensate the Customer for damage by providing additional service and/or alternative service to the Customer in all cases arising from reasons other than force majeure after the Customer has settled in the reserved room. Acceptance of the additional service or accommodation by the Customer shall constitute a waiver of the Customer’s right to claim a refund of the reservation fee as compensation and any other right to claim damages and right to sue.
6.2. In the event that the Hotel does not partially or fully fulfill its obligations to provide services in accordance with this Agreement, the rules in the relevant laws and regulations shall be applied during the payment of compensation.
6.3. In case of poor quality service provided to the Customer, the Customer shall notify the Hotel representative in writing of their complaint; otherwise, the service provided by the Hotel shall be deemed to have been provided flawlessly and on time.
6.4. In the event that the Customer violates any article of the Agreement, the Customer accepts and undertakes to cover any damage incurred by the Hotel as a result of the violation.
6.5. The Hotel may change the terms and conditions of the accommodation service depending on the seasonal conditions and tourism season.
6.6. The unforeseeable circumstances such as adverse weather conditions, strike-lockout, terrorism, military action, flood, fire, etc. shall be considered force majeure. In case of such circumstances, the Hotel may not continue to provide service.
6.7. The Hotel reserves the right to change the programs of the special days such as religious festivals, new year, etc. due to reasons unrelated to the Hotel.
6.8. The Hotel reserves the right to collect the material and moral indemnities arising from the damage, destruction and/or lost parts caused by the Customer in the room and the common areas.
6.9. The Customer must not send any goods, articles, or promotional materials subject to customs clearance on behalf of the Hotel’s employees. The Hotel is in no way responsible for the customs procedures.
6.10. According to the law, smoking is prohibited in the indoor areas of the Hotel. These prohibitions shall be determined within the framework of the law. Therefore, smoking or the use of tobacco products of any kind is not permitted inside the Hotel, except in designated guest rooms.
- TERM OF THE AGREEMENT
This Agreement shall become effective with the Reservation number to be given to the Customer by the Hotel after the Customer has made their reservation and payment, and end when the Customer leaves the Hotel.
- EVIDENTIAL AGREEMENT
Under all circumstances, it is agreed between the Parties that the electronic and system records, commercial records, book records, microfilm, microfiche, and computer records kept by the Hotel in its own database shall constitute binding, conclusive, and exclusive evidence in accordance with Article 193 of the CCP.
- AMENDMENTS TO AGREEMENT
From the moment of the signature of this Agreement, none of the Parties may request the amendment or modification of any provision of this Agreement, provided that it is not separately authorized in this Agreement. Any amendment of the Agreement shall be made in writing upon the agreement of the Parties, and the Parties shall not claim that some of the provisions of the Agreement have been tacitly amended due to the lack of objection to the practices actually occurring.
The addresses of the Parties specified in Article 1 of this Agreement are accepted as the addresses for all kinds of notifications to be made due to the Agreement. The Party whose address has changed is obliged to notify the other Party in writing of its new address within 3 days; otherwise, the notification made to the old address shall be valid. Any notification to be made due to this Agreement shall not be effective unless made in writing.
- APPLICABLE LAW AND COMPETENT COURT
For the settlement of disputes arising out of this Agreement, Turkish Law is accepted as the applicable law, and Istanbul Central (Caglayan) Courts and Execution Offices as the competent Court.