Distance Sales Agreement
ARTICLE 1: PARTIES
On the one hand, MADRA TURİZM İNŞAAT ENERJİ SANAYİ VE TİCARET ANONİM ŞİRKETİ, whose address is Tıfıllar, Tıfıllar Sokak 133/1 Ayvalık, Balıkesir / Turkey (hereinafter referred to as “Marlo” in this contract.) on the other hand, reservation and accommodation between the consumer(s) whose information is given below Accommodation Sales Agreement has been drawn up under the following conditions regarding the service.
ARTICLE 2: SUBJECT
The subject of this contract is; Provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the Hotel Accommodation Sales service, whose qualifications, sales price and conditions are stated below, which Marlo sells to the consumer electronically on the website https://www.marloayvalik.com.tr/ It covers the mutual rights and obligations of the parties.
ARTICLE 3: AGREEMENT PRICE AND PAYMENT TERMS
3.1. The Consumer shall pay the Contract price via the site belonging to Marlo by credit card or via EFT/transfer to the bank accounts specified by Marlo.
3.2. All services included in the price are detailed on the website and the Reservation Document regarding the accommodation, and other services are subject to an extra fee. In particular, the purchased service; The cost of extra food and beverage, personal expenses, transportation, and all out-of-scope goods and services that the consumer will receive apart from the services included in the accommodation are not included.
3.3. Tüketici, kayıt anında sözleşme bedelinin en az %50’sini ön ödeme olarak, bakiyesini ise hizmetin başlamasından en geç 15 gün önce; otele giriş tarihi 7 gün ve daha az ise rezervasyon anında; erken rezervasyonlu, promosyonlu ve özel ürünlü konaklama satışlarında ise sözleşme bedelinin tamamını rezervasyon tarihinde ödemekle yükümlüdür. Anılan süreler içinde belirtilen ödemelerin gerçekleştirilememesi halinde yapılan rezervasyon iptal edilerek hizmet bedelinin %35’i cayma tazminatı olarak Tüketiciye fatura edilir. Ayrıca, ön ödeme olarak alınan bedel, güvence tutarı olarak alındığından iadesi söz konusu değildir.
3.4. In addition to the contract price, the consumer agrees and undertakes to pay the interest, maturity difference and exchange difference to be calculated and notified by Marlo in addition to the contract price.
ARTICLE 4: CANCELLATION, TRANSFER AND CHANGES
4.1. For cancellations and changes in reservations made, the Support line (+90 266 999 13 06) must be contacted or the valid reason must be sent to email@example.com or notified in writing and/or with a permanent data keeper.
4.2. The following rules apply for cancellations and changes:
a. Tüketicinin tesise giriş tarihinden 15 gün kalaya kadar iptal-değişiklik talep etmesi durumunda ücretin tamamı iade edilir. Tüketici, rezervasyonunu kendisinin veya birinci derecede akrabalarının 10 günlük mutat iştigaline engel rahatsızlıklarını ve ölümlerini resmi bir rapor ile belgelemeleri halleri dışında kalan bir sebeple tesise giriş tarihinden 14-7 gün öncesine kadar yapacağı iptal ve değişikliklerde toplam bedelin %50’sinden, tesise giriş tarihinden 7 günden az bir süre kalaya kadar yapılacak iptal ve değişikliklerde ise toplam bedelin tamamından sorumlu olup, bu bedelleri Marlo’ya ödemeyi kabul ve taahhüt eder.
b. Tüketici, erken rezervasyon döneminde almış olduğu indirimli üründe herhangi bir sebeple iptal veya değişiklik yaptırmak isterse, tesise girişten 7 gün öncesine kadar toplam bedelin %50’sini, 7 günden az bir süre kala ise konaklama bedelinin tamamını Marlo’ya ödemeyi kabul ve taahhüt eder.
c. If, for any reason, the consumer wishes to change the date of the discounted early reservation product purchased during the discounted sale period, he/she agrees that the reservation will be changed without discount at the list prices valid on the date of the request.
D. Unless the consumer indicates in writing the change he/she wants regarding the reservation for which he/she has pre-paid, at the latest 7 days before the entrance to the facility, the accommodation forms and conditions written in this contract and the reservation shall be valid.
to. Marlo 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, if the consumer does not notify in writing that he cannot go / cannot reach the facility where he will stay. No refund will be made to the consumer for such cancellations.
f. Marlo has to fulfill its obligations within the time it has committed from the date on which the consumer's reservation reaches him. If Marlo does not fulfill its obligation, the consumer may terminate the contract. In case of termination of the contract, Marlo is obliged to repay all collected payments to the consumer with legal interest within fourteen days from the date of receipt of the notice of termination, and to return all valuable papers and similar documents, if any, that put the consumer in debt.
g. In cases where the fulfillment of the service performance subject to the reservation becomes impossible, Marlo is obliged to notify the consumer in writing or with a permanent data store within three days from the date of learning of this situation, and to return all collected payments within fourteen days at the latest from the notification date.
h. If Marlo terminates the contract unjustly, he has to return all the payments made by the consumer until that day to the consumer.
4.3. Requests for changes other than the date in the consumer reservation are taken into consideration, provided that Marlo is notified at least 7 days before the start date of the service received. Marlo handles this change request to the extent possible; No objections can be made to Marlo or Marlo cannot be held responsible for any unfulfilled change requests.
4.4. In case of early departure from the hotel, the consumer agrees and undertakes that he is responsible for paying the entire contract price and to pay this price to Marlo.
4.5. Refunds will be made to the credit card or bank account used at the time of booking.
ARTICLE 5: OTHER PROVISIONS
5.1. The information regarding the accommodation subject to this contract has been reviewed and evaluated by the Consumer on Marlo's website. Accommodation fee and payment method are seen by the consumer before the reservation is completed on the website, and the consumer chooses one of the payment options at his/her own request. The consumer completes the payment by entering their credit card information into the system. The system where credit card information will be entered is protected by international security software, and it is not possible to see or copy the information in any way. However, viruses etc. to be found on the Consumer's computer. Marlo is not obliged to pay any penal clause or indemnity for any damages that may be incurred by the Consumer, due to the fact that transactions are made through the system with the passwords and information to be seized by third parties due to reasons arising from the negligence of the Consumer, and it has the right to recourse to the Consumer for any damages that may occur due to these reasons.
5.2. It is the consumer's duty of care, in good faith, to notify the consumer of the issues he is complaining about in writing during the performance of the service. The consumer's use of the service to the end without notifying the Marlo authorities, despite the complaint, eliminates the right to compensation such as replacement service and refund for the complaint issues.
5.3. Even if the consumer has not signed this hotel reservation contract by mail order, virtual pos, money order or EFT for any reason, he has learned the terms of this contract, which will be valid between the parties, through the catalog, website or advertisements, and this hotel reservation contract in the written form in this contract. committed to receiving conditions.
5.4. The consumer undertakes to read and sign this contract after obtaining all kinds of information about the hotel signed with this hotel reservation and mentioned in the contract from the web addresses of Marlo and making all necessary examinations.
5.5. If the hotel is not checked in without cancellation, the accommodation fee will not be refunded. If force majeure is documented in cases such as death, illness, accident, the costs of the periods not spent are refunded. In case of late check-in or early check-out for any reason other than these reasons, the remaining fees will not be refunded.
5.6. Identity and age checks are made at the entrance to the facility. If there is a difference due to false or incomplete declarations, it is charged at the time of check-in to the hotel.
5.7. Accommodation dates, names of people to stay, type of facility-room, accommodation system; It is clearly included in the introduction page published on Marlo's website, which is an annex and an integral part of this contract, and in the reservation records made by the consumer.
5.8. The consumer will stay between the dates specified in the reservation. Except for these dates, if the property is available, it can extend the date after making the request and payment for the extension to Marlo for the accommodation.
5.9. Marlo is not responsible for any loss and/or damage to the consumer's accommodation facility and theft of valuables.
5.10. Consumer(s) state that regardless of arrival time at the hotel, it is possible to settle into the rooms at the earliest at 15:00, on the day of departure, the rooms must be vacated by 12:00 at the latest, regardless of the time of departure from the facility, and that they will receive extra food and beverage and beverages at the facility. They accept, declare and undertake in advance that the fees for non-system services belong to them.
5.11. Consumer(s) who do not sign 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 have assigned to register on their behalf read and sign this contract. Marlo reserves the right to recourse to other consumers for the collection of the excess amount or service fee paid to the signatories.
5.12. The consumer accepts and declares that he has received the contractual product/service's qualifications, sales price, payment method, performance and all other preliminary information, that he has read and is informed and gives the necessary confirmation in electronic environment. Marlo is responsible to the consumer due to the defectiveness of the contracted service.
5.13. Invoices are sent by the consumer to the address specified in the billing address section at the time of booking. If the billing address section is left blank, an invoice is sent to the contact information address. Invoice; Marlo is not responsible for any undeliverable deliveries due to incorrect address or not specifying the person to be delivered or not being able to be found at the specified address.
5.14. Child discounts apply when staying in the same room as the parent. In the reservations of families with children, the age of the child declared by the Consumer is taken into account. However, if a difference is detected between the age of the child on the child's ID requested by the facility officer and the age declared during the registration at the hotel, the necessary change is made by paying the price difference to Marlo by the Consumer.
5.15. Adverse weather conditions, road obstruction, terrorism, strike-lockout, possibility of war, flood, fire, unpredictable technical issues etc. circumstances are considered force majeure. For such reasons, Marlo may cancel the accommodation or replace it with another accommodation facility in the same region or in another region of the same category and quality, due to the failure to start or to the continuation of the accommodation. In such cases, the consumer has no right to compensation.
5.16. Marlo reserves the right to change the artist in cases where the hotel is out of control (illness of the artist) in the stays that are announced and sold with an artist, such as holidays, New Year's Eve and the like.
5.17. The Hotel Reservation/Registration document is an annex and an integral part of this contract and is binding on the parties.
ARTICLE 6: AUTHORIZED COURT
In the resolution of disputes arising from the implementation of this accommodation contract; First of all, the provisions of this contract, the Law No. 6502 on the Protection of the Consumer and the provisions of the relevant Regulation will be applied, and the parties may apply to the Consumer Courts and/or the Arbitration Committee for Consumer Problems within the legal limits. Competent court for the resolution of disputes; Balikesir (Ayvalık) court and enforcement offices.
The consumer accepts and declares that he has received a copy of the information on the characteristics of the contracted service, sales price, payment method, performance information on all issues written on the promotion page on the website and in the registration (reservation) document, reads and has information, and gives the necessary confirmation in the electronic environment. it does.