DISTANCE SERVICE CONTRACT

DISTANCE SERVICE CONTRACT

ARTICLE 1: PARTIES

On the one hand, Dia Urla Turizm Otelcilik ve Organizasyon Ltd Şti (For short, “PROVIDER”), headquartered at Camiatik Mahallesi Yazıcıoğlu Sokak No:8 Urla İZMİR, registered at the Urla tax office with the Tax Identity Number 2951258720 and Mersis number 0295125872000001, and on the other hand, the website reservation Dia Urla Butik, located at the address of PROVIDER’s Mahallesi Yazıcıoğlu Sokak No:8 Urla İZMİR, with a phone number of 0232 754 0709, is among the consumer(s) (in short, “CUSTOMER”) who made a declaration by giving their personal information through the form or via telephone and confirming this information. A Distance Service Sales Agreement (“CONTRACT” for short) has been drawn up within the framework of the following conditions regarding the reservation and accommodation service at the accommodation facility named Hotel (“FACILITY” for short).

1.2. PROVIDER, FACILITY and CUSTOMER will be referred to individually as “Party” and together as “Parties”.

ARTICLE 2: SUBJECT AND SCOPE OF THE CONTRACT AND SERVICE AND DURATION

2.1. The subject of this AGREEMENT is related to the sale of the FACILITY accommodation service (Briefly “SERVICE”), which the PROVIDER sells to the CUSTOMER electronically from the FACILITY’s “www.diaurla.com” website, the qualities, fees and conditions of which are specified below. is to determine the mutual rights and obligations of the parties in accordance with the Consumer Protection Law No. 6502, the Distance Contracts Regulation, the Regulation on the Relations of Tourism Establishments with the Ministry, Each Other and Their Customers and other current legislation. The Parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from this clause and the legislation mentioned in the Agreement.

2.2. This agreement covers the CUSTOMER who made a reservation at the FACILITY with the PROVIDER, the accompanying persons of the CUSTOMER who made a reservation on behalf and on behalf of the CUSTOMER, the CUSTOMER’s guests, the persons under the responsibility of the CUSTOMER and all third parties.

2.3. The duration of the accommodation service that is the subject of this contract, the entry and exit dates of the FACILITY, the number and ages of the people staying, the contact information of the person who made the reservation, and the necessary information to be determined by the FACILITY, including but not limited to the Reservation Confirmation Form sent with the CONTRACT (for short, “CONFIRMATION FORM”). ) / Reservation Document (Briefly “VOUCHER”).

2.4. CUSTOMER accepts and declares that it has been informed about the general warnings, accommodation rules, reservation rules and tariffs determined by the PROVIDER and the FACILITY and that it will comply with them.

2.5. This Agreement constitutes the entire agreement regarding the Services and supersedes all other agreements and understandings made in writing or verbally by both Parties. Personal Data Transfer Approval Form, Confirmation Form, Reservation Document, if any, and Privacy Agreement, Reservation Cancellation Assurance Information, if any. Form, Commercial Electronic Message Permission, Information and Approval Text, Preliminary Information Form and other documents and information sent together are an integral part of this Agreement.

2.6. This Agreement will enter into force on the date the SERVICE is purchased and will automatically terminate at the end of the SERVICE period without the need for any notice. In case of dispute, this agreement will be valid until the final resolution of the dispute.

ARTICLE 3: CONTRACT FEE, PAYMENT METHOD AND CONDITIONS AND INVOICING

3.1. The total fee for the SERVICE to be provided by the PROVIDER to the CUSTOMER within the scope of this Agreement includes the VAT specified in the current legislation, the per person per night ACCOMMODATION TAX specified in the current legislation, if any, and other taxes, duties and charges, if any, specified/to be specified in the current legislation.

3.2. All services included in the fee are stated in detail on the accommodation website and in the Reservation Document, but other services are subject to an extra fee. In particular, the purchased service; The cost of extra food and beverages, personal expenses, transportation, and all out-of-scope goods and services that the CUSTOMER will purchase in addition to the services included in the accommodation are not included.

3.3.If the CUSTOMER selects a credit card from the payment preferences at the time of concluding this Agreement; The PROVIDER will be deemed to have been authorized to collect the SERVICE fee with the credit card information provided by the CUSTOMER. Payment will be made securely with the credit card information provided by the CUSTOMER by filling out the reservation form on the FACILITY website or via phone or other methods that may be determined later by the FACILITY. PROVIDER and FACILITY guarantee that the credit card information used by the CUSTOMER is not copied and that there are security systems that prevent it from being copied, and that the CUSTOMER’s information will not be shared with third parties.

3.4. If the CUSTOMER pays the contract fee by credit card, he/she is obliged to present the original or a photocopy of the front side of the credit card with which the payment was made when entering the FACILITY. PROVIDER and FACILITY will not accept responsibility for problems arising from contrary situations.

3.5. After the payment is made, documents regarding the reservation will be sent to the e-mail address provided by the CUSTOMER.

3.6. CUSTOMER is obliged to pay the entire contract fee at the time of registration, on the reservation date, by using one of the payment methods determined / to be determined by the FACILITY. The FACILITY has the optional right to collect all or part of the contract price on the reservation date, and to determine the date of collection of the entire balance in case of partial payment.

3.7. CUSTOMER accepts and undertakes to pay the interest, maturity difference and exchange rate difference to be calculated and notified by the PROVIDER, in addition to the contract fee for credit card payments.

3.8. The CUSTOMER’s invoice for the SERVICE is given when leaving the FACILITY. If the CUSTOMER does not receive his invoice, he can contact the PROVIDER or FACILITY and have his invoice sent to an address he provides. PROVIDER and FACILITY will not accept responsibility for failure to receive the invoice due to situations such as the address being incorrect, the CUSTOMER not being at the address and the recipient not being specified.

ARTICLE 4: ACCOMMODATION TYPE

4.1. Every person staying at the FACILITY must present their identification information. During login, the SERVICE information purchased by the CUSTOMER will be checked with his/her ID. The CUSTOMER accepts, declares and undertakes in advance to pay any extras arising from the CUSTOMER providing incorrect information.

4.2. Admission time to the FACILITY is 14.00. The CUSTOMER accepts, declares and undertakes in advance that he will receive his room at 14.00 at the earliest, even if he arrives at the FACILITY before this time. The CUSTOMER can benefit from the services, general areas and services provided by the FACILITY (if any, by paying in advance for the paid ones or for the goods and services outside the scope of the contract price in article [3.2.] of the contract) until the room is ready before 14.00.

4.3. When the SERVICE period expires, the latest delivery time of the CUSTOMER’s tent/room is 11.00.

4.4. For late check-out and early check-in, confirmation must be obtained by contacting the reception.

4.5. If the CUSTOMER wishes to extend the SERVICE period, he/she will notify the FACILITY at least 1 day before the end date of the Contract. If it is possible to provide the SERVICE, the CUSTOMER accepts, declares and undertakes in advance to pay the current fee.

4.6. The CUSTOMER accepts, declares and undertakes in advance to pay the cost of the additional service to be provided to him after delivering his room, at the current fee.

4.7. AGE LIMIT FOR REGISTRATION TO THE FACILITY AND ACCOMMODATION TOGETHER

4.7.1.There must be at least one guest aged 18 or over in each room. Those under the age of 18 can stay with at least one adult deemed appropriate by the FACILITY. For this reason, the CUSTOMER who makes a reservation at the FACILITY and signs this CONTRACT must be at least 18 years old.

4.7.2.As a main rule, the FACILITY accepts only adult guests. Please contact the FACILITY regarding the issue.

4.7.3. According to this CONTRACT, the age of the child(ren) declared by the CUSTOMER during reservation registration will be taken into consideration during the registration process when entering the FACILITY. In order to determine the age of the child, the FACILITY officer may request the identification of the child(ren) to be presented upon entering the FACILITY. In this case, the CUSTOMER will be presented with the child’s ID. If the age of the child stated at the reservation stage is different from the age of the child in the ID records, the CUSTOMER accepts, declares and undertakes to make the necessary changes in the reservation and cover the difference in the fee resulting from this or to cancel the reservation.

4.8. PET PROCEDURES

4.8.1. Pet accommodation is not accepted in our facility and “Guide dogs (guide dogs that provide medical support/serve our visually and/or hearing impaired guests/provide emotional support) are not within the scope of the restriction.”

ARTICLE 5: RESERVATION CHANGE, RESERVATION CANCELLATION & REFUND CONDITIONS, DEATH & TRAVEL DISABILITY, TRANSFER CONDITIONS

5.1. RESERVATION CHANGE

5.1.1. The CUSTOMER is obliged to notify the FACILITY of his/her request to make a change in his/her reservation no later than 15 (fifteen) days before the day the stay will begin.

The FACILITY will fulfill the change request made on time, subject to availability.

The FACILITY reserves the right to accept or reject changes requested by the CUSTOMER 14 (fourteen) days or less before the start of the stay.

5.1.2. CUSTOMER accepts, declares and undertakes in advance to pay in full the fee differences arising from the changes made upon its request (due to changes in current fees, etc.).

If the fee difference amount is not paid within 48 (forty-eight) hours after the change is made, the change request that creates the fee difference will be deemed invalid. In this case, if the CUSTOMER does not enter the FACILITY in accordance with the first reservation date and conditions to receive the accommodation service, action will be taken against the CUSTOMER in accordance with the provisions of article [5.2.2.1.a] of the contract (even if the CUSTOMER has made a Refundable reservation). CUSTOMER accepts, declares and undertakes that he has read and knows these provisions.

However, if the fee for the new service is lower than the previous service fee, the FACILITY will refund the difference to the CUSTOMER.

5.2. RESERVATION CANCELLATION METHOD AND REFUND CONDITIONS

5.2.1. RESERVATION CANCELLATION METHOD

CUSTOMER must notify the FACILITY by entering a reservation cancellation request on the FACILITY website or by sending an e-mail to info@longosphere.com, with documents confirming the valid reasons, if any, for cancellation of the reservation. Cancellation requests made verbally or over the phone will not be taken into consideration.

5.2.2. BOOKING CANCELLATION AND REFUND CONDITIONS

5.2.2.1. When the CUSTOMER wishes to cancel his reservation, he is offered two different options, depending on the NON REFUNDABLE or REFUNDABLE reservation he made.

a.Cancellation and Refund Conditions for Non-Refundable Reservations

If the CUSTOMER has made a Non-Refundable (Cancellable and Non-Refundable) reservation, 100% (all) of the reservation fee will be paid for each reservation cancellation (regardless of the cancellation time), except for the force majeure or death and travel disability conditions mentioned in the provisions of Article [5.3] of this agreement. ) (NOSHOW: The amount the customer must pay due to canceling the services he has booked or purchased after the specified period or not benefiting from the services he has reserved or purchased without notice) will be applied and therefore he will not be able to receive a refund of the reservation fee. commits.MÜŞTERİ, Refundable (İptal ve İade Garantili) rezervasyon yaptırmış ise;

Cancellation and Refund Conditions for Refundable Reservations

If the CUSTOMER has made a Refundable reservation;

i. During the reservation, you will be informed that, in addition to the reservation fee, a deductible fee, the rate of which is determined by the FACILITY and called the insurance fee, will be collected from you, and within this scope, you will be notified of any cancellation and cancellation notice not later than 72 (seventy-two) hours before the day and time of the stay (including this period). In case of refund requests, the mentioned insurance will be activated and only the insurance fee will be collected from him/her and 100% (entire) of the remaining reservation fee will be refunded to him/her,

ii. Except for the occurrence of force majeure or death and travel disability conditions mentioned in the provisions of article [5.3] of this contract, cancellation and refund requests submitted less than 72 (seventy-two) hours before the day and time of the stay will be paid 100% of the reservation price in addition to the insurance fee. He accepts, declares and undertakes in advance that he knows that no refund will be made to him as NOSHOW will be applied to 100 (all) of them.

5.2.2.2. CUSTOMER’s refunds regarding the payments made will be made by refunding the credit card used during the reservation or by transfer / EFT to the CUSTOMER’s bank account, and after the cancellation, taking into account the procedures of the addressee bank. The CUSTOMER, PROVIDER or FACILITY may receive a Commission from the addressee bank during the refund process and will not request this Commission fee from the PROVIDER or FACILITY, the period for the amount returned to the credit card to be reflected in the CUSTOMER’s account due to the processes of the addressee bank may be extended, after this amount is returned to the addressee bank. Since the reflection on the CUSTOMER’s accounts is entirely related to the bank transaction process, the CUSTOMER accepts, declares and undertakes that it cannot hold PROVIDER or FACILITY responsible for possible delays.

5.3. DEATH AND TRAVEL DISABILITY DUE TO FORCE MAJEURE

5.3.1. It is capable of preventing the CUSTOMER from coming to the FACILITY and will be confirmed by a document obtained from official institutions / organizations; Regional adverse weather conditions, road obstruction, strike-lockout, terrorism, military operation, flood, fire, unpredictable technical issues, etc. Unpredictable situations will be considered force majeure for the CUSTOMER.

5.3.2. (a) The amount paid by the CUSTOMER for the service will be refunded to him/her, provided that the illness that prevents the CUSTOMER or his/her first-degree relatives from performing normal activities for 10 days, corresponding to the accommodation period, is documented with an official report obtained from a fully-fledged state hospital or in case of death.

In this case, the report and documents will be submitted before the start of the service.

(b) If this situation occurs during the continuation of the ACCOMMODATION service, the excuse must be submitted to the FACILITY with its document within 1 day at most from the date of CUSTOMER’s departure from the FACILITY. In this case, the remaining amount will be refunded after the days stayed are deducted from the total reservation price.

5.3.3. CUSTOMER, in case of early departure from the FACILITY, except for the events listed in paragraph [5.3.2.], is responsible for paying the entire CONTRACT fee and will pay this fee to PROVIDER or FACILITY, and will not receive any refund even if it has paid the entire fee. He accepts, declares and undertakes that he knows that he cannot receive it.

5.3.4.Natural disaster, war, riot, public rebellion, uprising, civil unrest, strike, lockout, epidemic, excessive use of governments, municipalities or other local or national administrations, finance and other jurisdictional authorities occurring in the region where the FACILITY is located. Issuance of orders, resolutions, instructions that prevent decisions that will lead to reservations or the provision of service, damage or destruction of reserved rooms due to fire or any other reason, lack of workers or food supplies that prevent the reserved rooms from being put into service, or similar reasons that are not under our control. In case of absence, all these will be collectively considered as force majeure for the PROVIDER and/or FACILITY.

In this case, the FACILITY will notify the other party(ies) in writing about the content of the force majeure, its expected duration and its effects on its obligations in this contract within 5 (five) days at the latest following the occurrence of the event giving rise to the force majeure. After the written notification, the parties will first consider the option of changing the payment and/or accommodation dates according to the facility’s availability dates, and if this option is not possible, they will mutually agree on the termination of the contract and the payment refund and No Show amount and conditions.

5.3.5. Even though force majeure events such as war, riot, civil unrest, strike, lockout, epidemic disease do not cause any disruption in the operation of the FACILITY, if the CUSTOMER cancels the reservation by citing the circumstances specified in Article [5.2.2.1.a], The specified cancellation conditions will apply.

5.4. RESERVATION TRANSFER

CUSTOMER can transfer his/her reservation to any person he/she wishes up to 15 days before the start of the accommodation date. The transferee CUSTOMER is jointly responsible with the transferor for the balance and expenses arising from the transfer.

ARTICLE 6: PROTECTION OF PERSONAL DATA

The parties agree that they will process personal data in accordance with the Personal Data Protection Law (“KVKK” for short) and other relevant legislation, and that they will comply with KVKK’s obligations regarding data security, in order to prevent unlawful processing and/or access of personal data and to ensure the preservation of personal data. They agree, declare and undertake that they will take all kinds of technical and administrative measures to ensure the level of security stipulated by . They do. These provisions will remain in force indefinitely, even if this Agreement terminates.MADDE 6: KİŞİSEL VERİLERİN KORUNMASI

ARTICLE 7: CONFIDENTIALITY

7.1 The information specified in this agreement by the CUSTOMER and the information provided to the PROVIDER or FACILITY for payment purposes will not be shared with third parties. PROVIDER or FACILITY may disclose this information only within the framework of administrative/legal obligation.

Within the scope of any judicial investigation with documented investigative capacity, PROVIDER or FACILITY may provide the requested information to the relevant authority, if it has it.

7.2 Credit Card information is never stored, Credit Card information is only used to obtain provision by being securely transmitted to the relevant banks during the collection process and is deleted from the system after provision.

7.3 CUSTOMER information such as e-mail address, postal address and telephone are used only by the FACILITY for standard room delivery and information procedures. THE FACILITY can send campaigns and notifications to the e-mail address, postal address and mobile phones provided by the customer. With the signature on this contract, PROVIDER and FACILITY receive shipping permission from the CUSTOMER. However, there may be viruses etc. on the CUSTOMER’s computer. PROVIDER and FACILITY are not liable to pay any penal clauses or compensation for any damages that may be incurred by the CUSTOMER due to transactions from the system with passwords and information that will be obtained by third parties through their software or due to reasons arising from the negligence of the CUSTOMER, and the damages that may occur for these reasons. CUSTOMER has the right to recourse.

ARTICLE 8: OTHER PROVISIONS

8.1. CUSTOMER acknowledges that he/she has read and signed this agreement after receiving all kinds of information about the FACILITY from the website (www.diaurla.com) and/or by telephone and/or by any other means determined/to be determined by the FACILITY. CUSTOMER’s payment also means the same.

8.2. CUSTOMER must sign each page of this FACILITY reservation contract, send it back to the FACILITY and deliver it to the FACILITY on the accommodation start date. However, even if the CUSTOMER cannot sign it for any reason, he/she is deemed to have learned the terms of this contract through the website, advertisements or e-mail sent to the e-mail address he specified and has accepted the terms of the contract.

8.3. If there is a conflict between the copy of the contract remaining with the CUSTOMER and the copy remaining with PROVIDER or FACILITY, the records of the copy remaining with PROVIDER or FACILITY will prevail. All kinds of e-mails and fax messages between the parties will be considered as conclusive evidence and company records will be the basis. The parties accept that the addresses and telephone numbers they provide are the addresses and telephone numbers useful for all kinds of communication and notification, and they accept and declare that unless any change in these addresses and telephone numbers is notified to the other party in writing, all notifications and notices to be made to the declared addresses and telephone numbers will be made to them.

8.4. CUSTOMER may take out a separate insurance covering damages arising from all kinds of accidents and diseases before the SERVICE begins.

8.5. Natural disasters such as earthquakes, landslides, landslides, floods, typhoons, storms, and disasters such as fire, floods, epidemics, lack of energy; Orders and practices of official authorities, human disasters such as riots, uprisings, war and terrorism, bombings, explosions, meteorites, plane crashes, strikes, lockouts, labor movements and similar events that prevent the start or continuation of the stay in cases of force majeure specified in the Code of Obligations. For this reason, the FACILITY may cancel the accommodation or replace it with another accommodation facility of the same category and quality in the same region or another region. In such cases, the CUSTOMER has no right to compensation.

8.6. If any provision of this agreement becomes invalid, unlawful or unenforceable for any reason, the existence of such an invalid, unenforceable or unlawful provision will not affect the validity, legality and enforceability of the other provisions.

8.7. CUSTOMER accepts, declares and undertakes in advance to pay the damages incurred by PROVIDER and/or FACILITY in case of violation of any of the articles in this Agreement.

8.8. CUSTOMER acknowledges that in any dispute that may arise from the implementation of this Agreement, the records, microfilm, microfiche and computer records, fax records, texts and printouts belonging to the PROVIDER or FACILITY constitute valid, binding, definitive and exclusive evidence in accordance with the relevant articles of the Code of Civil Procedure. He accepts, declares and undertakes in advance that he will do so and that this article is a written evidence contract.

8.9.PROVIDER and the FACILITY shall not be liable for any loss and/or damage to the accommodation facility for the CUSTOMER who made a reservation at the FACILITY, the accompanying persons of the CUSTOMER for whom the reservation was made on behalf of the CUSTOMER, the CUSTOMER’s guests, the persons under the responsibility of the CUSTOMER and all third parties. is not responsible for the theft of valuables.

8.10. Consumer(s) who do not have a signature on the contract but participate in the service subject to the contract are deemed to have accepted and committed to the terms of the contract when the persons they assign to register on their behalf read and sign this contract. PROVIDER and FACILITY reserve the right to appeal to other consumers for the collection of excess amounts or service fees paid to the persons who signed the contract.

8.11. In reservations for families with children, the child’s age declared by the CUSTOMER is taken into account. However, if a difference is detected between the child’s age on the child ID and the declared age requested by the facility officer during registration at the FACILITY, the difference in fee can be paid by the CUSTOMER to the PROVIDER or the FACILITY and the necessary changes can be made or the reservation can be canceled at check-in.

8.12. CUSTOMER is obliged to fulfill/receive the provisions of this contract and the obligations and services specified in the contract and cannot transfer, assign or endorse the contract and the services to be received by third parties without the written approval of the FACILITY. Otherwise, this issue is a justified reason for termination for the PROVIDER and in such a case, the CUSTOMER is obliged to pay for all losses and losses and loss of profit that the company may suffer, in addition to the cancellation conditions specified in Article [5.2.2.1.a] as of the date of termination. In such a case, the third party who transfers the contract is jointly and severally responsible with the CUSTOMER for the balance and expenses arising from the transfer.

8.13.CUSTOMER, in the paragraph (g) of the 15th article titled “Exceptions of the Right of Withdrawal” of the Distance Services Regulation, which came into force after being published in the Official Gazette dated 27.11.2014 and numbered 29188. He accepts, declares and undertakes that it is one of the “contracts regarding rental, food and beverage supply and utilization of free time for entertainment or recreation purposes”, and that it is one of the situations listed in the article in which the right of withdrawal cannot be used, and therefore he knows that he cannot benefit from the right of withdrawal upon signing the contract. .

ARTICLE 9: COMPETENT COURTS AND ENFORCEMENT OFFICES IN CASE OF DISPUTE

9.2. In resolving disputes arising from the implementation of this accommodation agreement; First of all, the provisions of this contract and the provisions of the Consumer Protection Law No. 6502 and the relevant Regulation will be applied, and the parties may apply to the Consumer Courts and/or the Consumer Problems Arbitration Committee within the legal limits. The competent court in resolving disputes; Urla (Izmir) court and enforcement offices.

9.2. If the CUSTOMER is not satisfied with the quality of the SERVICE provided by the FACILITY, it is the duty of care of the well-intentioned CUSTOMER to notify the PROVIDER or the FACILITY representative in writing. If the CUSTOMER uses the service to the fullest without notifying the PROVIDER or FACILITY officials even though he/she has a complaint, this will mean that the service provided by the FACILITY will be considered perfect and provided on time, and this will eliminate the CUSTOMER’s rights to compensation such as substitute service and refund regarding the complaint issues. He/she accepts, declares and undertakes in advance, with his/her own free will, irrevocably, that, as he/she knows, he/she will not/could not have any right to claim regarding this situation.

CUSTOMER (Consumer) has received a copy of the information electronically regarding the qualifications of the service subject to the contract, sales fee, payment method, information regarding the performance, on the promotion page on the website and all matters written in the registration (reservation) document, has read and informed himself and has given the necessary confirmation electronically. ; In addition, all of the works and transactions to be carried out by the FACILITY such as reservation records, invoices, statements, reservation documents (Vouchers) and similar documents for those who will benefit from all or part of the services at the FACILITY, including accommodation, both individually and/or with or without their own person. , approves the transfer/transfer of all kinds of information and documents, including all kinds of documents containing personal data, through the communication channels entered during registration, and that the personal data of the relevant person(s) other than himself/herself due to the said business and transactions will be used in the transfers to be made to him/her. He/she accepts, declares and undertakes that there is no objection to the matter and that he/she approves PROVIDER and FACILITY, provided that all responsibility for the sharing of personal data of the relevant person(s) other than himself/herself in the said works and transactions.