DISTANCE SALES CONTRACT
This Distance Sales Contract (the “Contract”) has been executed by and between you, whereas you are the buyer of the services subject to this Contract (hereinafter referred to either as “you” or “Customer”) and Hestia Yatırım Emlak İnşaat Turizm Ticaret İhracat ve İthalat Limited Şirketi, resident at Andifli Mah. Cumhuriyet Meydanı No: 18 07580, Kaş, Antalya, Turkey (hereinafter referred to as “us” or “FidoRento”) whereas FidoRento is the service provider of the services subject to the terms here below.
This Contract sets out the rights and obligations of the parties, in compliance with the Law on Consumers’ Protection no. 6502 and the Regulation on Distance Sales Contracts published in the Official Gazette dated November 27, 2014, in respect of FidoRento’s provision of services and supply of goods consisting of:
- “Services”, i.e. rentals of accommodation for the time interval as specified here-below.
- “Additional Services”, including without limitation:
- Transfer Service
- Welcome Package
- Intermediary Cleaning Service
- whichever is chosen and notified to the FidoRento in compliance with Customer’s acceptation and admission provided/obtained on and through www.fidorento.com subject to the respective specifications given in the chart here-below.
in consideration for payment of the amount listed on www.fidorento.com and also provided in the chart here-below.
By accepting this Distance Sales Contract, Customer accepts to pay the amount specified on the above chart and that he/she has been informed of the content thereof.
4. CUSTOMER’S INFORMATION
5.INVOICING ADDRESS and INFORMATION
6. INFORMATION RELATING TO SERVICES/ADDITIONAL SERVICES SUBJECT TO THE CONTRACT
6.1. Main characteristics of the Services/Additional Services [type (villa, flat, detached house, etc.), location, capacity, suitability, price/fee etc.] are laid down on www.fidorento.com.
6.2. The accommodation fees listed and announced on www.fidorento.com are per night and these per night fees are indicated on the rental calendar associated with the concerned accommodation. The per-night fees displayed on the respective introductory page on www.fidorento.com may present some changes in function of the dates of rental. The listed fees and descriptions are valid until they are updated and changed. The fees which are precisely described as being valid for a limited time period are applicable until the lapse of that time period.
7. PAYMENT AND PERFORMANCE
7.1.Customer accepts, acknowledges and undertakes that he/she has read the preliminary information on the main characteristics of the Services and/or the Additional Services, the fees and payment method, that he/she has been informed thereof and have procured the necessary confirmation on the electronic platform of FidoRento.
The geographical location of the accommodation is displayed on www.fidorento.com. Customer thus agrees and acknowledges that he/she will not raise an objection in respect of the location.
By confirming the Preliminary Information Form on the electronic platform, Customer accepts, acknowledges and undertakes that she/he has been apprised of the information pertaining to the address, the main characteristics of the services and/or additional services, the fees in consideration for these services and/or additional services, information relating to the payment method and performance fully and accurately prior to the effective date of this Distance Sales Contract.
In payments to be effectuated via banks, the extract of account pertaining to such EFT/remittance shall absolutely bear the order number and the accommodation’s name within the line spared for such explanations. In the event the payment is not effectuated to the account of the FidoRento within 1 business day as of the rental request date, FidoRento may, but is not obliged to, cancel such rental.
The total fee for the rented accommodation shall be withdrawn from the credit card account of Customer, upon confirmation of the Preliminary Information Form and this Distance Sales Contract by the Customer in writing – and upon sending thereof to FidoRento-, including the relevant clicking option – presented to the Customer unselected beforehand - on www.fidorento.com.
7.2.Changes in Rental Dates or Cancellation of Rental
Customer may change the rental dates in accordance with the availability of the accommodation. In case of change, Customer accepts and acknowledges to pay a transaction fee of TRY 200.-. It is not possible to change the rental dates within 30 days prior to the date on which Customer will start to use the accommodation.
Rental cancellations shall be made in writing or by e-mail. Upon your cancellation notice, the accommodation which was booked in your name shall be made available again for the duration of the cancelled rental period and listed.
In cancellations made within 30 days or more, prior to the commencement of the stay at the accommodation, 50% of the payments made upfront will be returned to Customer, after deduction of the banking transaction expenses.
If, a cancellation made within 30 days or more, prior to the commencement of the stay at the accommodation is proceeded within the first 48 hours starting from the moment when the booking is made, the total amount of the payments made upfront will be returned to Customer, after deduction of the banking transaction expenses.
In cancellations made within less than 30 days prior to the commencement of the stay at the accommodation, the payments made upfront will not be returned to Customer.
However, after the rental cancellation, the subject accommodation is booked by another customer; the portion of the accommodation price as set out under Article 2, matching with the days for which the subsequent booking is made will be returned to Customer; after deduction of the banking transaction expenses.
In the event Customer does/do not initiate his/her/their stay at the accommodation, her/his/their payments will not be returned. So long as a written rental cancellation is not proceeded through e-mail by Customer, this rights and obligations of the parties under this Agreement continues to have effect and this Agreement shall not be deemed as rescinded or terminated. Even if Customer refrains from entering into or using the accommodation, without having proceeded with cancelling the rental in writing and through e-mail; FidoRento keeps the accommodation available for Customer’s use for the duration of the rental and Customer’s obligation to pay the price as set out under this Agreement continues to be valid.
FidoRento reserves its right to cancel the rental due to the occurrence of unforeseen events such as water or electricity shortage, earthquake and similar catastrophes. In such cases, we are liable to return all of the payment made upfront. However, our company will endeavor to offer alternative accommodations which meet the conditions of the accommodation subject to rental cancellation at Customer’s request thereof. Customer may accept one of the offered alternative accommodations, may rent the same accommodation for another available time period or request the return of the payment.
Rental fees are automatically calculated on the basis of rental period on www.fidorento.com. FidoRento reserves its right to arrange different fees for different days, weeks and months.
7.4.Security deposit and transfer of key
In accordance with the amendment brought by the Law no. 7071 dated February 1, 2018; Article 2 of the Law on ID Disclosure no. 1774 requires “daily rental homes”’ operators to record ID information of Customers. Within this context, all guests staying at the accommodation shall disclose their ID information at the start of their stay at the accommodation.
Customer accepts and undertakes to pay an in-cash security deposit of TRY 750.- if the accommodation is a flat and an in-cash security deposit of TRY 1000.- if the accommodation is a villa as a collateral against damage risks. Customer accepts and acknowledges that FidoRento will not perform the Services and/or Additional Services if the security deposit is not paid.
FidoRento accepts and undertakes to return the security deposit received as collateral against damages to the Customer, upon necessary checks with the accommodation before Customer leaves, to the extent FidoRento determines that there has not been any damage.
Customer accepts, acknowledges and undertakes that:
The right of FidoRento to refrain from returning the security deposit for any damages under any name whatsoever, caused by faulty behaviors of Customer within the sense of the provisions relating to ‘fault’ under the Turkish Code of Obligations is reserved. If the damages exceed the amount covered by the security deposit, FidoRento’s right to recourse to any legal actions is reserved.
7.5.Hours of check-in and check-out
Customer accepts and undertakes that the check-in time is 4pm and check-out time is 11am and that he/she will respect these schedules.
7.6.Accommodation capacity and equipment
Information relating to housing capacity of every accommodation is given fully and in detail on www.fidorento.com. Customer accepts, acknowledges and undertakes that she/he will not bring more guests than the number of guests notified by the Customer or the housing capacity; which are disclosed at the moment of the rental request; also, Customer accepts, acknowledges and undertakes that she/he will not receive any other guests from outside, during the rental period. Children older than 3 years shall be included in the number of guests and be taken account of in the consideration of the housing capacity. In the event Customer does not comply with the provision hereof, Customer acknowledges, accepts and undertakes to pay the full accommodation/rental fee for the individuals in excess of the housing capacity or for the individuals in excess of the number of guests disclosed by such Customer at the moment of his/her rental request.
In the event Customer wishes that certain individuals in excess of the housing capacity or more than the number of guests initially disclosed by Customer be allowed to enter the accommodation, FidoRento reserves its right to cancel the rental or not allow the persons in excess of the housing capacity or more than the number of persons initially disclosed to enter the accommodation.
- FidoRento determines that individuals in excess of the housing capacity or more than the number of guests initially disclosed will use the accommodation, before it procures the accommodation keys or passcodes to Client; FidoRento may refrain from doing so, from allowing Customer to enter the accommodation or enable Customer otherwise to use or control the accommodation.
- In the existence of an external gate within the control of FidoRento, that is kept close and subject to access with keys, passcodes or a private security check that separates the very entrance of the accommodation from outside, FidoRento may refrain from allowing individuals in excess of the housing capacity or more than the number of guests initially disclosed to enter through such external gate to the area in between the external gate and the entrance of the accommodation.
- Apart from FidoRento’s above-mentioned rights, FidoRento may always obstruct individuals in excess of the housing capacity or more than the number of guests initially disclosed from entering the accommodation or ensuring their evacuation from the accommodation by means of police forces.
- FidoRento’s recourse to the measures mentioned under this article shall not injure its right to request a full amount of consideration or compensation for the stay of the individuals in excess or for the damages in excess of the harms actually caused.
7.7.Pets and smoking
Customer, accepts, acknowledges and undertakes that he/she will not bring any pets, such as dogs and cats, to “no pets allowed” accommodations. Customer acknowledges, accepts and undertakes that she/he will evacuate the accommodation and that he/she will have no outstanding receivables or any other claims form FidoRento arising therefrom; in the event Customer does not comply with this provision.
In the event of any damage to the accommodation, its integral components or its appurtenances because of Customer’s failure, omission, negligence in Customer’s compliance with this provision, including his/her willful incompliance; the Customer accepts and undertakes that he/she will compensate any such damage. In any case, the provisions of Article 67 and Article 68, titled “Liability of keepers of animals” of the Turkish Code of Obligations shall apply.
In addition, Customer accepts, acknowledges and undertakes that she/he will not smoke in the closed areas of the accommodation.
7.8.Customer accepts, acknowledges and undertakes that he/she will confirm/approve/consent to this Contract in the electronic platform, e.g. on www.fidorento.com, and in case the fees in consideration for the scope of this Contract are not paid and/or if the payment is cancelled within the banking records, FidoRento’s obligation for the performance of the Services or of the Additional Services defined in this Contract will terminate.
7.9.Customer accepts, acknowledges and undertakes that; if, after the performance of the Services/Additional Services has initiated, the fees in consideration for the Services/Additional Services subject to this Contract are not paid to FidoRento by the relevant bank or financial institution due to the use of unauthorized third parties of the credit/bank/debit card of Customer (or whichever instrument Customer uses to make the payment); Customer will return the unrealized payments in consideration for Services/Additional Services within 3 days to FidoRento.
7.10.FidoRento accepts, acknowledges and undertakes that it will inform Customer of such situations, where it cannot perform the Services/Additional Services agreed upon under this Contract, within the term; due to events which are unforeseen and which take place against the parties’ wills; causing the delay in or obstructing the performance of the duties stipulated under this Contract.
7.11.FidoRento has the right to contact Customer for communication, marketing, notification and other purposes through her/his address, e-mail address, landline or mobile phone numbers any by mail, e-mail, SMS, phone call and by other means through other contact information; that are filled-in by Customer in the registration/sign-up form or updated subsequently by Customer. By adhering to this Contract, Customer accepts and acknowledges that she/he consents to any reach out by FidoRento to him/her.
7.12.In the event:
(i) Customer and credit card holder are not the same person; or
(ii) a security deficit/shortfall/gap has been detected in relation to the credit card used at the time of booking, before the performance of the Services or Additional Services,
FidoRento may request from Customer:
(i) to provide identity and contact information of the credit card holder,
(ii) to provide account extract of the credit card pertaining to the preceding month, or
(iii) to present a written instrument from the bank of the credit card holder, attesting that the credit card is owned by such bank.
The rental will be suspended until Customer provides/presents the requested information/document/instrument and FidoRento has the right to cancel the rental if the aforementioned requests are not addressed within 24 hours.
7.13.Customer acknowledges and undertakes that the personal and other information that he/she has given while signing-up to www.fidorento.com are accurate and that she/he will cover immediately, in-cash and in one installment any and all damages suffered by FidoRento by reason of any inaccuracy in these information, upon the first request of FidoRento.
7.14.Customer accepts and undertakes beforehand that he/she will comply with the applicable legislation and regulation while using www.fidorento.com. Failing so, all civil and criminal liabilities shall rest with Customer.
7.15.Customer shall not and cannot make use of www.fidorento.com resulting in any disruption in the public order or for any purposes:
- against general moral values,
- of disturbing or of harassing any third party,
- contrary to laws
- so as to violate any third person’s pecuniary/financial and non-pecuniary/non-financial/moral rights.
Besides, Customer cannot execute transactions or actions which hinder or obstruct others’ use of services (such as spams, viruses, etc.).
7.16.If Customer breaches one or several provisions under this Contract, she/he shall be personally liable of such breach and he/she shall keep FidoRento harmless of any civil or criminal consequences in respect of such breaches. In addition, FidoRento reserves its right to claim compensation for any incompliance with this Contract by Customer; because of such breach, if such breach were to be brought before jurisdictional authorities.
8.RIGHT OF WITHDRAWAL
Pursuant to Article 15/I-g of the Regulation on Distance Sales Contract promulgated in the Official Gazette of November 27, 2014 and numbered 29188, effective as of the date of execution of this Contract, “Contracts governing accommodation, transportation, car rental, food-drink provision and entertainment or recreation pass-time experiences which are scheduled to a determined date” are excluded from the right of withdrawal of customers.
Customer accepts, acknowledges and undertakes to be apprised of this particular matter.
9. DEFAULT AND ITS LEGAL EFFECTS
Customer accepts, acknowledges and undertakes that she/he shall pay interest and be liable vis-à-vis the bank under the agreement between her/him and the bank within the context of her/his credit card account, in case he/she is in default in the payments due to be realized through credit cards. In this case, the relevant bank may recourse to legal measures and actions; claim the expenses to be incurred and attorney fees/honoraries from Customer.
In any case, Customer accepts, acknowledges and undertakes that she/he will pay any damages or prejudices incurred to or suffered by FidoRento due to Customer’s default in payment of its obligations or Customer’s belated payment of its obligations.
10. CHOICE OF JURISDICTION
10.1.In accordance with Article 68 of the Law on Consumers’ Protection, parties accept that the Consumer Arbitration Committees and Consumer Courts at the domicile of Customer or at the place where the consumer transaction has been realized shall be competent to resolve disputes arising from the implementation and interpretation of this Contract, subject to the pecuniary limits announced by the Ministry of Customs and Trade.
These pecuniary limits are announced with the Ministry of Customs and Trade Communiqué on Augmentation of the Pecuniary Limits in Article 68 of the Law no. 6502 on Consumers’ Protection and Article 6 of the Regulation on Consumers Arbitration Committees in the Official Gazette of December 31, 2017 and numbered 30287.
11. MISCELLANEOUS PROVISIONS
11.1.This Contract constitutes the entire agreement between the parties. It supersedes any prior verbal or written correspondence and agreement automatically as of the effective date of this Contract.
Any invalidity, vulnerability to cancellation/annulations, discordance/non-compliance with the laws in any manner, or unenforceability in this Contract, its appendices, relevant records, instruments, notes and documents, for any reason whatsoever, including causes of administrative nature or a material fact, shall not affect other provisions of the Contract and the binding character of this Contract. In such case, the remaining portion of the Contract will preserve its validity and the affected portion of the Contract may be re-stipulated according to the general principles of the law by the parties and the affected portion of the Contract will be re-stipulated with provisions that reflect the parties’ understanding and will as closely as possible to when the Contract was executed.
Any amendment and addition to this Contract, its appendices, relevant records, instruments, notes and documents shall be valid only to the extent parties have mutually agreed thereupon in writing.
11.2.Any alteration in the names or trade names of the parties written in this Contract shall be notified to the other party and such party will continue to have the duties, liabilities and rights under this Contract with its new name or trade name.
11.3.Failure, omission or delay in exercising any rights under this Contract by any party, shall not mean that such party has waived such right or has accepted the event giving rise to such right.
11.4.Parties’ addresses described under this Contract are also their notification addresses and parties accept that, unless any changes in these addresses are notified to the other party notifications made to these addresses are deemed to be duly made. In this case, the date on which the relevant post officer has delivered the notification will be accepted as the notification date.
11.5.All notifications and notices required to be made under this Contract, shall be made to the addresses described in this Contract to the other party or if such other party is a company, to its authorized representative in person, by registered and return-receipt mail or through Notary Public unless otherwise agreed upon under this Contract.
11.6.Parties liability for failure to honor the terms of this Contract may be extinguished only due to the occurrence of force majeure events. Force majeure events under this Contract include events which take place beyond the parties’ will, which cannot be prevented by the parties and which obstruct or renders impossible, parties’ performances of their duties under this Contract. For instance, these are, without limitation, natural disasters, floods, war, insurgence, general strike, strike, lock-out, blockade, embargo, etc.
Parties notify each other of the occurrence of force majeure events in writing. The term of the contract shall be extended for the duration of the force majeure event. If the force majeure event such as natural disaster, war, insurgence, general strike or embargo endures for more than 3 months or the force majeure event such as strike or lock-out endures for more than 1 month, parties have right to terminate the Contract unilaterally.
11.7.Customer accepts, acknowledges and undertakes that FidoRento’s notes, records and document, as well as FidoRento’s electronic records will be considered as sole and exclusive evidences in any possible dispute which may arise in connection with this Contract pursuant to Article 193 of the Civil Procedural Code no. 6100.
This Contract shall be executed:
- upon its being sent to the e-mail address provided by Customer after the completion of the confirmation processes followed by Customer on www.fidorento.com; or
- upon receipt of a written confirmation from Customer that it has been read and agreed upon by Customer; or
- realization of the payment in consideration for the Services/Additional Services by Customer; on www.fidorento.com.
Upon one of the foregoing stages, the Customer shall be deemed to have read, agreed upon and consented to the Preliminary Information Form and agreed upon this Contract and the Contract will take effect.
Service Provider: Hestia Yatırım Emlak İnşaat Turizm Ticaret İhracat ve İthalat Limited Şirketi