Distance Sales Agreement

Distance Sales Agreement


This rental agreement (“agreement”) has been prepared and signed on the internet, and the parties to the agreement;

1. The operator of www.paradisevilla.com.tr has been duly established in accordance with the laws of the Republic of Turkey with Paradise Property İnşaat Turizm ve Ticaret Limited Şirketi (“Lessor”) residing at …

2. "Tc Identity / Passport Number" T.C., who leases the following real estate under the following conditions and for the period. "Name of Person Making the Booking" ("Tenant") residing at the "Address" with ID or Passport number; and

"Villa Name" is the form of renting the real estate named "Reservation Number" between the days of "Entry Date and Exit Date".

 

1. DEFINITIONS AND SUBJECT OF THE CONTRACT


1. The concepts, expressions and abbreviations to be used within the scope of this contract are embodied below in order to avoid any confusion.

2. Namely:
Contract: The lease agreement, which is approved on the internet and terminates in the presence of a written contract. 

Tenant: Real or legal person, public institutions and organizations, associations and foundations in the nature of legal persons, who lease the relevant holiday residence during the rental period within the scope of the contract.


Lessor: Paradise Property Construction Tourism and Trade Limited Company, which leases the holiday residence to be used.


Vacation Home: Villas or apartments that are ready to be rented on the website with the URL address www.paradisevilla.com.tr.


Rental Period: The rental period selected by the tenant on the website and approved by the lessor.


Rental Fee: The rental fee determined according to the relevant period prepared separately for each holiday residence on the site

.

TBK: Turkish Code of Obligations No. 6098

KVKK: It means the Law on the Protection of Personal Data No. 6698.


3. In this context; Holiday residences are offered by the lessor on the website www.paradisevilla.com.tr URL address. This rental agreement has been established by the tenant by choosing the dates for which the relevant holiday residence is suitable and by depositing the down payment in accordance with the provisions below.


2. INITIAL PROVISIONS


1. In this context, the rental dates of the vacation home and the relevant vacation home will be specified by the lessor on the website www.paradisevilla.com.tr on the internet.

2. In this context, transportation and invoice information will be delivered to the lessor by the lessee, and if the dates and the vacation home to be rented are found suitable, pre-reservation will be made.

3. In the advertisement for each holiday residence located at the URL address of www.paradisevilla.com.tr; The characteristics of the house, its qualifications, features, availability and dates, its maintenance and usage features, as well as the rental of the house and the expenses to be incurred by the tenant are specified. In case of any dispute, the records on the website will be considered legally valid.

4. It is obligatory to rent the property in the pictures through the website with the URL address www.paradisevilla.com.tr, reserves the right to change the name of the property.


3. RESERVATION AND CANCELLATION OF RESERVATION

1. Following the pre-reservation by the lessee on the website with the URL address www.tatilvillam.com, the reservation confirmation will be received by the lessor and/or the lessor's officials by calling the contact numbers that the tenant has notified.

2. 35 percent (thirty-five percent) of the total rental price will be paid by wire transfer, EFT and/or credit card to the IBAN number and bank account on the relevant payment page of the rental screen, within the period specified in the announcement, following the pre-booking. Following the pre-booking, if the pre-payment determined in this article is not made within the period, the reservation will be deemed cancelled and this contract will automatically become invalid.

3. If this prepayment is received, a reservation confirmation will be sent to the electronic address (fax, e-mail) notified by the tenant within twenty-four (24) hours at the latest.

4. The total rental cost, excluding the prepayment within the scope of the article; It will be paid to the lessor, at the latest, 15 days prior to the rental (start of rental) date of the holiday home. If this price is not paid in full, the use of the holiday home will not be given to the tenant. In addition to the tenant, the entire rental price will be reflected, and all material and moral damages incurred by the lessor due to non-payment by the tenant will be demanded from the tenant.

5. If the rental price is not paid and the reservation is not cancelled within the time limit, the entire rental fee will be paid by the tenant. In case of late delivery of the holiday home by the tenant; Due to the endangerment of the next reservation, the tenant will demand material and moral compensation for the next reservation.


4. DELIVERY OF HOLIDAY HOUSING

1. In case the rent is paid in full by the tenant, the vacation home will be made to the tenant on the date specified in the reservation and reservation confirmation. If the two dates conflict, the date on the booking confirmation will be considered valid.

2. The relevant holiday residence will be delivered to the tenant in a complete, sound and well-maintained condition. A short-term lease agreement will be signed with the tenant at the time of delivery, and a fixture count and report will be made for any damage to the movable and immovable property in the holiday home.

3. For the compensation of the damage that may occur to the holiday residence, the deposit fee, which is included in the reservation page of the relevant holiday residence or will be deemed appropriate by the lessor, will be collected from the tenant. If it is understood that no damage has occurred at the time of return of the holiday home, a full refund of the deposit will be made. In case of any damage and/or loss in the holiday residence and the expenses incurred exceed the deposit, an additional invoice will be sent to the tenant and the collection of the payments and expenses will be requested.

4. The delivery of the holiday residences will be made after 15:00 on the day the relevant rental starts, and the return of the residence to the lessor will be before 10:00 on the ending date of the relevant reservation.

5. Weekly rental refers to 7 days and 8 nights, and in this context, the dates of check-in and check-out are specified in the reservation confirmation.


5. RIGHTS AND OBLIGATIONS OF THE TENANT

1. All goods and/or furniture delivered by the tenant to the holiday home can be used. The holiday residence will be used in a clean and careful manner by the tenant, and no damage will be caused to the holiday residence. The tenant will not accept the removal of the add-ons in the holiday home, changing their places and trying to make repairs other than the authorized service, and the damages that occur in the holiday home due to these reasons will be compensated by the tenant.

2. It will not be used by the tenant except for the purpose of holiday residence.

3. Any damage to the holiday home will be reported to the lessor without delay. The tenant is obliged to indemnify the damage and / or loss caused by his own fault, mistake, intention and / or negligence. If the next reservation of the holiday home cannot be made due to the repair, repair or restoration of the damage and / or loss caused by the tenant, if the subsequent reservations are cancelled; The tenant is also obliged to pay the reservation costs.

4. The tenant is obliged to stay in the immovable in accordance with general morality, laws, mandatory provisions and customary rules. In this context, in case the breach of the relevant obligation by the tenant constitutes a crime and/or misdemeanor, the criminal and/or administrative responsibility rests entirely with the tenant.

5. The tenant will be respectful towards the neighbours around the villa and will avoid any behaviour, smell, sound and noise that may disturb the environment. In addition, any illegal weapons or drugs such as drugs will not be kept in the villa, no illegal activities will be carried out in the holiday residence.

6. The maximum number of persons is specified in the descriptions of each holiday residence. It should not exceed the number of guests stated and/or confirmed on the receipt/document during the rental period. The number of people staying at home includes children and infants. If the maximum number of people who can stay at home is exceeded, people will be asked to leave the house or a certain amount of extra fee will be charged.

7. Smoking and non-smoking areas of cigarettes and all tobacco products in the holiday residence are indicated on the relevant page of the holiday residence. If any phrase is included in the advertisement, it is true that smoking and smoking of all tobacco products are prohibited in the holiday residence. In case of violation of this obligation, the smoking areas will be determined on the delivery date and the tenant will be charged for the repainting of the smoking areas.

8. It is forbidden to have pets and/or wild animals in the holiday residence, and the information on the advertisement page will be considered valid if it is expressly permitted on the advertisement page.

9. In accordance with the law, the identity information of the tenant and all persons who will stay in the holiday residence will be obtained and reported to the Identity Notification System at the time of check-in. It is exempt from the explanation that legal action can be taken against the person(s) staying, other than the people entered into the database, and that it constitutes a crime by law; The tenant is obliged to pay the judicial and administrative fines that may occur in relation to those who make accommodation without their identity information included in the contract due to incomplete, incorrect and / or false identity notification regarding this matter.

10. The Tenant accepts, declares and undertakes that the information given in the reservation forms, site content, and contracts to be signed are true, valid and up-to-date. In case of violation of this obligation, all material and moral damages incurred by the lessor will be arranged by the lessee.

11. All personal and necessary precautions must be taken while using the holiday residence by the tenant. The tenant is responsible for the damages caused by the tenant's own fault and failure to take the necessary precautions.

12. Information on the location, structure and environment of the holiday home, security measures and measures to be taken are explained to the tenant in the announcement and at the time of delivery. In this context, the tenant is responsible for the safety of valuables, money and jewelery to be kept in the holiday home.

13. As the tenant receives the vacation home at the end of the rental period; It is obliged to deliver it in full, intact, complete and not damaged or damaged. In case of late delivery of the leased property, all material and moral damages incurred by the lessor will be compensated by the tenant with the next reservation price.

14. The tenant is also responsible for possible accidents and damages that may occur due to his own fault in the holiday residence during the rental period and other individuals accompanying him.

15. All kinds of taxes, fees, duties and VAT arising from the rental will be paid by the tenant.

16. If there is a deficiency in the rented holiday home other than the ones specified, and if there is a deficiency that needs to be corrected by the lessor within the rental period, the tenant shall notify the lessor without delay (within 24 hours at the latest). After notification, the said deficiency will be corrected by the lessor within 48 hours at the latest. If the notification regarding this deficiency is not made in due time, no claim will be made from the lessor due to the deficiency.


6. RIGHTS AND RESPONSIBILITIES OF THE LESSOR

1. The lessor is obliged to deliver the leased property to the lessee on time in accordance with the contract and its annexes.

2. Vacation home; Clean spare sheets, towels and pillows will be delivered to the tenant on the above-mentioned delivery date. The holiday home will be delivered to the tenant in full, intact and complete as stated in the advertisement.

3. The lessor has the right to demand the timely and complete fulfillment of all financial, administrative and social obligations imposed by the lease contract from the lessee. The lessor also has the right to demand and follow the rights arising from this lease agreement and legislation from the lessee.

4. Environmental cleaning tax, license and similar obligations regarding the leased property shall not belong to the lessee. This issue will be resolved between the lessor and the owner of the immovable property, and no cost will be reflected to the lessee in this regard.

5. In case of damage to any of the attached items by the lessee, the damage will be recorded by the lessor on the delivery date of the leased item to the lessor. In case of refusal to sign the delivery report rented by the lessee, it will be deemed that damage and loss have arisen in the immovable, and the tenant irrevocably accepts, undertakes and declares to pay a penalty of 1,500 TL in this case.

6. The lessor may cancel the reservation before the beginning of the rental period, with a reasonable reason. Or the lessor will be able to place the tenant in another holiday residence that he sees fit. However, in this case, a holiday residence similar to the property chosen by the tenant on the website will be allocated by the lessor.

7. Paradise Villa confirms the accuracy of the issues stated in the advertisement. However, although the physical appearance and features of the holiday residences are the same; A different nomenclature is possible.


7. TERMINATION OF THE AGREEMENT, BREACH OF THE AGREEMENT BY TERMINATION

1. If the tenant does not pay the down payment for the rental price of the holiday home, this rental supply contract is deemed to be terminated automatically. The parties have irrevocably waived their right to litigate in this matter.

2. The Lessor may terminate this contract with an electronic and/or written notification in case of force majeure. In this case, the prepayment made to the lessor; It will be done within 2 (two) months from the date of force majeure.

3. Reservation cancellations to be made by the tenant will be made in writing and signed by e-mail and/or fax. After the written cancellation notice, the reserved dates of the holiday residence will be announced again.

4. The tenant is obliged to make the reservation and pay the prepayment of 35% to the lessor. In case of cancellation by the tenant after the reservation has been made; If there is less than 1 month (including 1 month) between the reservation and the starting date of the rental, the tenant is obliged to pay the entire reservation price. In this case, the relevant prepayment fee will not be refunded to the tenant.

5. For cancellations made 2 months or more before the reservation date, 40 percent (forty percent) of the prepayment will be deducted and the remaining amount will be paid to the tenant.

6. In the event that the reservation for the holiday residence booked by the tenant is canceled and a new rental cannot be made for the reservation period, the tenant is obliged to pay the entire rental fee for the relevant period to the lessor. In addition, if it is possible to rent the booked immovable to another person, the prepayment made may be refunded if deemed appropriate by the lessor. Again, in case of cancellation provided that it is approved by the lessor; The reservation made by the tenant can be used on a different date by canceling it.

7. Violation of any of the above-mentioned provisions by the tenant before the starting date of the rental, during the rental period, at the end of the rental period means a breach of the contract. In this case, the tenant is obliged to pay the entire rent and to compensate the lessor for all material and moral damages.

8. In case of breach of the lessor's obligations under the contract, the lessee will first request compensation from the lessor for the relevant obligation under the contract. Otherwise, the contract may be terminated by the tenant. In the event of termination, the lessee cannot take back the rent for the period of stay with the lessor.

9. If the rent is not paid on time, rediscount advance interest will be applied to the rental price and the relevant price will be collected from the tenant. If more than one reservation is made by the tenant and the rent is not paid on the payment date of the first reservation; The lessor may cancel subsequent reservations. In this case, the deposit fees collected will not be refunded.


8. GENERAL PROVISIONS

1. The lessee has rented the leased one on a daily and/or weekly basis, and the provisions of the lease agreement in the TCO shall not apply to this contract. The lessee can only use the leased property himself. In this context, the lease agreement will not be partially and/or fully transferred by the lessee, nor will the leased be partially and/or fully sub-leased.

2. Persons notified by the lessee through the website www.paradisevilla.com.tr will remain in the leased property, and inviting another person to or staying in the leased property will constitute a breach of the contract.

3. The parties are obliged to comply with the rules of good faith and honesty during the contract period.

4. In this contract; The fact that some provisions, terms and texts in the annexes, related deeds and documents are invalid, unenforceable, revocable, inconsistent with the law or the instructions of the authorized official authorities or are unenforceable, do not affect the bindingness of other provisions, the contract and its annexes, documents and deed. Even if the lessor does not use its rights in this contract, it does not affect the use of these rights at any time.

5. This contract, contract annexes, advertisement pages and all contracts signed between the parties will be accepted as a whole.

6. In the event of a written agreement between the parties, this contract will be repealed together with its provisions.

7. Force majeure are the matters listed below, provided that they are not limited, that prevent or delay the full or partial fulfillment of contractual responsibilities, cannot be avoided or predicted, and are not limited.


Force majeure; Failure to make rentals, prohibition of rentals due to unforeseen circumstances such as fire, flood, landslide, epidemics, state of war, state of emergency, widespread violence, laws, regulations, regulations, decisions of competent authorities, sabotage, etc. In cases where there are barriers to entry to the immovables, the immovables cannot be delivered, the leased property cannot be repaired or the repair takes a long time, the contract may be suspended with the notification to be made.


In the event that the force majeure continues for more than two (2) months and in this case the expected benefit from the rental disappears, the tenant will be given the right to make a new reservation. In this case, the lessee can make a new reservation for the following periods, or request the refund of the prepayment made by a written notification to the lessor. In the new reservation to be made, it is essential that the holiday home is available, not affected by force majeure, and is approved by the lessor.


The prepayment made to the lessor shall be made within two (2) months from the date of the force majeure.

8. The address information given by the tenant through www.paradisevilla.com.tr is accepted as the true, correct and valid notification address. Notifications to be made to these addresses are valid in accordance with Article 21 of the Turkish Commercial Code, and if the address changes, the new address must be notified to the lessor within 3 (three) days.

9. If the contract is made for more than one real estate, all rights and obligations in this agreement are valid for each real estate separately.

Clarification text regarding personal data has been prepared and presented to information at www.paradisevilla.com.tr. In this context, legal grounds regarding the personal data to be processed are specified in the site and contract annexes. If the legal reason for data processing is based on explicit consent, the data to be processed is determined according to explicit consent.

10. Kaş Courts and Enforcement Offices are authorized to resolve disputes arising from the implementation and interpretation of this contract, its annexes and inseparable parts, and the failure to fulfill the terms of the contract. Turkish law is applied to the disputes in question.

11. All kinds of amendments and additions to the contract are subject to the written form to be signed between both parties. The lessee accepts, declares and undertakes that he will not demand the adaptation of the contract to the current conditions in the future due to reasons such as economic crisis, inflation, devaluation, increase in exchange rates and parities after the signing date of the contract.

12. This agreement becomes effective on the date it is electronically approved by the lessee.

 

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