Distance Sales Agreement

1) PARTIES - SUBJECT OF THE AGREEMENT: This contract is signed by Cumhuriyet Cad.  Kalkan Holidays (hereinafter referred to as "intermediary"), located at the address 40/1 – 07960 Kalkan/Kaş, No:40/1 has been prepared to determine the conditions for the Rental of Short-Term Accommodation between the Lessor and the Guest.  The official telephone and addresses of the parties are available in the last clause of the contract.

2) RESERVATION:  The pre-reservation of the villa/apartment, whose information and details are specified in ANNEX 1 (Reservation Form) with the signature of this contract, will be made optionally by the intermediary.  The contract signature does not mean a final reservation, and the reservation will be finalised if the guest fulfils the prepayment and other obligations within the given time.  The document showing the prepayment made must be sent by the Guest to the Intermediary.  All correspondence to be made within this contract will be made to one of the parties' phones, e-mail addresses and/or official addresses.

3) PRICES – INSTALLATION: The rental price of the rented villa/apartment is stated in Annex 1 as per night and in total.

4) PAYMENT TERMS:

1. With the signature and approval of this contract, 30% of the total accommodation cost is made by the guest to the official accounts of the intermediary as a prepayment.

2. Remaining Balance is paid to the official accounts of the intermediary on the date specified in ANNEX-1.

3. Damage deposit is made in cash on the day of entry.

4. If the payment for the villa/apartment in this agreement is made in a currency that is not specified, then the transaction is made over the CBRT foreign exchange buying rate on the day of payment.

5. Non-compliance with the above-mentioned payment schedule will result in the cancellation of all articles of this contract for the guest, but the right of unilateral termination for the intermediary, without prejudice to all rights.

6. If the guest does not make the remaining payment on the date specified in ANNEX-1, the intermediary reserves the right to cancel the said reservation, not to refund the previously paid fee and to make another reservation for this villa/apartment.  Reservation cancellations can be made in writing (e.g. by e-mail, Whatsapp or by registered letter with return receipt).  Reservation cancellations made by talking over the telephone are definitely not valid.  The cancellation of reservations is valid upon receipt by the intermediary, not on the date that it was posted.

7. We advice customers to not book their flights until their booking dates have been approved by one of our agents.

5) CANCELLATION CONDITIONS For cancellations made by the guests.

Our cancellation policies vary from property to property and are available for review directly from the property page. The reservation cancellations must be made in writing to us (via e-mail or Whatsapp).

1. No refund policy - Bookings at this property are non-refundable. 

2. 90-day policy - 100% refund (except administration fee) if you cancel at least 90 days before check-in. No refund if you cancel less than 30 days before check-in.

3. 60-day policy - 50% refund (except administration fee) if you cancel at least 60-89 days before check-in. No refund if you cancel less than 30 days before check-in.

4. 60/30 day policy - 20% refund (except administration fee) if you cancel at least 60 days before check-in. No refund if you cancel less than 30 days before check-in.

5. 30 days or less policy - The prepayment amount you have made during the reservation completion process is non refundable.

6. No show - If the guest does not enter the villa or apartment for any reason other than force majeure, they must agree and undertake to pay the total amount of the rental fee in full.

Unforeseeable Circumstances

In cases of an unforeseeable circumstance such as: war, threat of war, uprising, strikes, natural disasters, fires, terrorist activities, epidemics, technical problems that may occur in transportation, superstructure and infrastructure works carried out by municipalities or public institutions, which are not possible to ban and foresee by state authorities in the region and all events that develop outside our control will be evaluated. The customer may terminate their booking without any legal liability and without compensation or hold/change the dates of their booking. 

If in an unforeseeable circumstance the property that had been booked is unavailable an equal property will be offered as a substitute.

 Covid Guarantee

If the customer has to cancel as a result of a travel ban; the FCDO advising against travel; quarantine requirements in the UK or Turkey; or lockdown restrictions in Kalkan, the customer will be guaranteed a full refund. This term applies up until 1 day before the customer is due to travel. 

6) GENERAL CONDITIONS:

1. REASON FOR RENTING:  The guest has rented the villa/apartment, a holiday villa for daily or weekly rent and the guest cannot use the rented villa/apartment for purposes other than vacation, rent it partially or completely to a third party, transfer or endorse it, or offer it to another person.

2. VILLA DELIVERY: Villa/Apartment is delivered to the guest by the intermediary in a way that meets the conditions stated in ANNEX 1.  The guest accepts and undertakes that they will use the rented villa/apartment as their own property, that they will not spoil the property, and will not cause it to lose its reputation.  The guest is obliged to deliver the rented space in the same way and according to the quantity, and to return the fixtures and tools in full, complete and working condition at the end of the contract period.  Possible damages will be compensated by the guest with the new price.  This contract is binding in accordance with Turkish Laws and shall act as a deed in accordance with these laws.

3. CLEANING: The rented villa/apartment will be delivered as cleaned.  If the guest staying in the villa/apartment requests cleaning during their residence, the request will be priced as extra.  Textiles such as sheets and towels will have been cleaned for the guest.  Requesting changes is subject to extra charges.

4. DAMAGE DEPOSIT: The purpose of the damage deposit, the amount of which is specified in ANNEX 1, is to cover potential damage caused to the villa/apartment by the guest.  The damage deposit will be collected in cash from the guest on the day of check-in to the villa/apartment, and in the control to be made before the guest leaves the villa/apartment;  If there is no damage/missing items in the fixtures, it will be returned in cash.  If the guest does not report any damage to the villa/apartment after check-in to the intermediary, the damage fee of the damaged fixture will be deducted from the damage deposit given by the guest.  In case the guest wants to leave the villa earlier than specified in the contract or the villa exit control cannot be made due to the time, the deposit will be sent to an account number to be taken from the customer and the transfer fee will be deducted from within the deposit.  If the damage to the villa exceeds the deposit received, the guest will be asked to pay for this damage, otherwise legal action will be taken.

5. VENUE RULES: The guest and those accompanying them undertake to comply with social and moral rules, not to make noise in a way that disturbs the environment, not to listen to loud music, and not to engage in criminal behaviour that is prohibited by the laws of our country.  In addition, in the event that other people are detected in the property, other than the people who rented the property, in the framework of the 1774 Identity Notification Law, during the checks that can be made by the Police and Gendarmerie law enforcement officers, all responsibility belongs to the guest and is obliged to pay the entire administrative fine amount to be written as a result.  In addition, if the guest and accompanying persons continue not to comply with social and moral rules, not to make noise in a way that disturbs the environment, not to listen to loud music, and to engage in criminal behaviours that are prohibited by the laws of our country, despite being warned, the intermediary has the right to demand that the guest vacate the property before the reservation period expires and is not entitled to any refunds.

6. PETS: Pets are not accepted in villas/apartments unless specified. This includes and is not limited to the feeding of stray animals within the properties boundaries.

7. SMOKING: Consumption of cigarettes, hookahs and tobacco-based substances is prohibited in villas/apartments.

8. CHECK-OUT DAY: Guests have to leave all the items delivered to them clean in the same way.  On the day of departure, the villa/apartment must be delivered with all the garbage thrown away and the dishes washed.  Check-out day and time must be notified to the intermediary 24 hours before by the guest, and final checks must be made by the intermediary or one of its personnel during check-out.

9. CAPACITY: For villa/apartment, guests over the capacity specified in the reservation form are definitely not accepted even if the villa/apartment is suitable.  If the guest wants to make a change in the number of people after the reservation is finalised, the intermediary will be notified in writing and this change can be approved in writing, if the intermediary deems it appropriate according to the capacity of the villa.

10. ENTRANCE-EXCEPT TIME: The entrance time to the villa/apartment is 16:00, check-out time is 10:00.  Check-in and check-out times must be notified to the intermediary 24 hours in advance by the guest.  In case of non-compliance with these hours, the damages will be compensated by the guest.  These hours can be changed with a fee, according to availability, in consultation with the intermediary.

11. POOL RULES: The guest undertakes to use the pool, which was delivered as clean and well-maintained, with care, not to enter with unsuitable clothing, and not to throw anything solid or liquid into the pool.

12. ELECTRICITY-WATER CONSUMPTION: It is included in the rent paid by the guest.  The guest undertakes to pay an extra fee if more than normal consumption is used during their stay.

13. INTERNET : Free of charge during the stay.  The guest agrees not to access internet sites that are/maybe prohibited by the laws of the country that the rental property is in, all liabilities belong to the guest.

14. MAINTENANCE: Periodical maintenance of the pool, garden and other fixtures of all villas/apartments is required by the personnel in charge of such things.  In order for these services to be carried out without interruption, the guest must allow the staff to enter the villa/apartment when necessary.  Apart from the periodic weekly sprayings in the villa/apartment, bees, lizards, worms, mosquitoes, mice, snakes, centipedes, ants, scorpions, centipedes, etc.  in case the pests appear in the villa/apartment, and the necessary action was not taken by informing the intermediary, except that the problem is solved by spraying again, in the event that the customer leaves the villa on their own request out of fear, they cannot demand any right or refund from the intermediary.

15. CONSERVATIVE VILLAS-APARTMENTS: Our guests who will stay in the villas defined in the Contract – website and defined as conservative (villas whose pool is not visible from the outside) cannot guarantee 100% invisibility.  Regarding invisibility, guests have to ensure their own privacy.  In possible cases, the agent does not accept responsibility.

16. INTERMEDIATE: The Intermediary does not own any villas or apartments published on the website.  The owners of each Villa/Apartment are different people, individuals, institutions, companies.  It is an intermediary to rent the Villas/Apartments of persons, individuals, institutions, companies to the customer.

17. GUEST COMPLAINTS: Guests shall immediately notify the intermediary of deficiencies in the commitments specified in Annex 1 or other complaints during their stay in the villa.  The situation subject to the complaint will be examined by the intermediary or its officers and necessary measures will be taken immediately.  The intermediary cannot be held responsible for the complaints that are not reported during the stay and that are made after the property is vacated.

18. FOOD-BEVERAGE: The guest in the rented villa/apartment shall meet the food and beverage services themselves.  Possible requests of the guest are charged extra.

 7) Force Majeure

In cases of force majeure, the intermediary may terminate this contract unilaterally without any legal liability and without compensation.  War in the region or in the country, threat of war, uprising, strikes, natural disasters, fires, terrorist activities, epidemics, technical problems that may occur in transportation, superstructure and infrastructure works made by municipalities or public institutions that cannot be prevented by the vehicle, bans of state officials in the region and all events that are unpredictable and beyond our control will be considered within the scope of force majeure.

Due to the global problems experienced in today's conditions, the previously made reservation, the people who will travel based on the reservation date (min. 15 days before), the fact that there is a ban on departure, including travel restriction from the city or country they will come from.  In such cases, if official documents from the hospital or official authorities showing that such events occur, are sent to us in writing by e-mail, the date of the booked villa will be changed or cancelled, and the prepayment will be refunded to you unconditionally.

 8) OTHER CONDITIONS

• The roads leading to the villa are bad, uphill, stabilized, wet ground etc.  As such, the intermediary cannot be held responsible in cases where the intermediary cannot prevent it.

• Any accident etc. that may occur during transportation to the villa.  In short, the intermediary cannot be held responsible for any negativity.

• In case the different materials used in the construction of some villas (cedar wood, pine wood, some plastic products, all kinds of plants in the garden or inside the villa, etc.) disturb the customer in terms of health or psychology, the intermediary cannot be held responsible for this incident.

• Guests staying in all our properties will need a private vehicle.  It is the guest's own responsibility to reach the villa.

• The intermediary cannot be held responsible if the guest who has rented a villa is dissatisfied with the geographical location of the villa they has rented.

• The intermediary cannot be held responsible for any damage to your private or rented vehicle during transportation to the villa.  If the bottom of the vehicle (engine, automobile, etc.) of the guest who has rented the villa is close to the ground, the vehicle's engine power is weak, the customer;  automobile, engine etc.  Any negativity that may arise due to inexperience in using it and consequently not being able to reach the villa is the guest's own responsibility.

• The “distance table” specified on the website detail page about the villa/apartment is written approximately.  Distances are not precisely specified.  The guest who rents the villa/apartment agrees to take into account the measurement errors.

• On the detail page of the website about the villa/apartment, the distances specified in the “distance table” are written considering the closest restaurant, the closest beach, the closest settlement, the nearest public transportation route, and the nearest airport.  If the specified restaurant or market is closed, the intermediary does not accept responsibility.

• The guest is responsible for all accidents that may occur in the pool, such as drowning, falling, broken bones, and the intermediary cannot be held responsible.

• All of the villas have a 130-litre hot water tank heated by solar energy.  The guest is personally responsible for the problems caused by the guest's lack of hot water due to excessive consumption of hot water, except for fair use, and the intermediary cannot be held responsible for the problems arising from this situation.

• The intermediary cannot be held responsible for situations such as no mobile phone signal being received, low reception or no internet connection, in the property or on the road.  The guest can call their GSM operator and get detailed information about the GSM signal status in the area.

• Payments made by credit card/mail order/EFT/money order/etc.  even if the guest pays in the form of a "confirmation e-mail" and/or "confirmation document" the guest will not be deemed to have rented the villa unless the guest receives a "confirmation mail"/"confirmation document".  The intermediary cannot be held responsible for material and moral damages that may arise from these and similar situations in which the guest acts hastily.

• All accidents and incidents caused by the guest that occur in the property, fire, electricity outage, water leakage and resulting deaths and accidents, telephone and internet cut-offs caused by the internet provider (Turk Telekom etc.), electricity cut-off caused by the Electricity Company, water cut-off caused by the Water Company. The intermediary cannot be held responsible.

• The properties specified on our the are exactly the same, and the intermediary cannot say that they are not as they appear on the site, they look better on the site, they are bigger or smaller on the site, etc.  such excuses are never acceptable and the intermediary cannot be held responsible for them.

• At the same time, if the villa/apartment reservation is cancelled by intermediary for any reason, the guest will be notified as soon as possible.  If there is an equivalent villa/apartment available within the intermediaries portfolio on the same dates or on different dates requested by our guest, it will be proposed to the guest.  In cases where the guest does not approve and does not fall under the "force majeure" clause, the money received will be returned to the guest.