DISTANCE SALES CONTRACT:
PARTIES:
This is a distance sales contract; Tivali Turizm Ve Servis Hizmetleri Ticaret Limited Şirketi (hereinafter referred to as Tivali Home) located at the address of Huzur Mah. Azerbaycan Cad. Skyland Sitesi B No: 4b Kapı No: 95 Sarıyer / İstanbul and the tenant whose information is listed below is arranged within the framework of the following conditions regarding the rental of a residence for a certain period in the country.
SUBJECT:
The subject of this contract covers the mutual rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Tenant No. 6502 and the Regulation on Distance Contracts in relation to the Domestic Housing Rental Sales service, the qualifications, sales price and conditions of which are specified below, which Tivali Home sells to the Tenant electronically via the www.tivalihome.com website.
CONTRACT PRICE AND PAYMENT TERMS:
3.1- The Tenant shall pay the contract price by credit card via the website of Tivali Home or by EFT / Money Transfer to the bank accounts specified by Tivali Home.
3.2- In the rental contract announced on the internet promotion page related to the rental, all the services included in the price are specified in detail in the Reservation Document and in the preliminary information, and the services other than these are subject to extra charge. In particular, to the service purchased; The extra cleaning, transportation, pet fee, cost of all goods and services outside the scope of the TENANT other than the services included in the rental are not included.
3.3- The Tenant is obliged to pay at least 50% of the deposit amount as prepayment (reservation fee) at the time of registration and the balance within 3 days at the latest from the day of payment of the reservation fee. In case the specified payments cannot be made within the aforementioned periods, the reservation is canceled and the entire reservation fee is invoiced to the Tenant as withdrawal compensation. In case of cancellation, the fee charged as a reservation fee will not be refunded to the tenant.
3.4- In addition to the contract price for credit card payments, the Tenant also accepts and undertakes to pay the commission, interest, maturity difference, exchange rate difference to be calculated and reported by Tivali Home.
CANCELLATION TRANSFER AND CHANGES:
4.1- For cancellations and changes in the reservations made, please contact us by phone at (+90 850 24 21 850) or the valid reason must be notified by sending to the internet address of www.tivalihome.com
4.2- The following rules will be applied in cancellations and changes:
a. If there is an amount paid in advance by the tenant, the down payment paid will not be refunded if the tenant withdraws or gives up the contract. However, if the Tenant cancels the reservation by giving written notice at least 30 (thirty) days before the planned Delivery Date, the down payment paid will be deducted by 20% and the remaining part will be returned to the tenant.
b. If the Tenant wishes to make a date change for any reason in the discounted early booking product purchased during the discounted sales period, he/she accept that a non-discounted reservation change will be made at the list prices in effect on the date of the request.
c. As long as the Tenant does not indicate in writing the change he/she wants regarding the reservation they have prepaid for by 7 days at the latest before the entrance to the residence, the rental forms and conditions written in this contract and the reservation shall be valid.
d. In the event that the Tenant does not notify in writing that he/she cannot go/reach the apartment, Tivali Home has the right to cancel all reservations made on behalf of the Tenant at the end of 24 hours after the start date of the rental. No refund will be made to the Tenant in such cancellations.
e. Tivali Home is obliged to fulfill its obligation within the period of time undertaken by the tenant from the date of receipt of the order to him.
In the event that Tivali Home fails to fulfill its obligation, the tenant may terminate the contract. In the event of termination of the contract, Tivali Home is obliged to repay all payments collected to the tenant within fourteen days from the date of receipt of the notice of termination together with the statutory interest and to return all securities and similar documents, if any, that put the tenant under debt. In cases where it becomes impossible to perform the service performed under the order, Tivali Home is obliged to notify the Tenant in writing or with a permanent data storage 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 date of notification.
4.3- Requests for changes other than the date in the tenants reservation are taken into consideration provided that they notify Tivali Home at the latest 7 days before the start date of the service received. Since the change requests are at the initiative of Tivali Home, no objection can be made to Tivali Home or Tivali Home can be held responsible for the change requests that cannot be realized.
4.4- If the tenant wants to terminate the contract earlier than the planned period, they must notify the operator in advance. The notice period is 2 months for 1-year contracts and 1 month for shorter contracts.
Contracts for a rental period of up to 3 months are payable in advance and therefore cannot be cancelled or refunded.
4.5- According to this contract, changes and cancellations that will not be deducted from the fee can be made at most twice. If a further number of changes are requested, the Tenant is obliged to pay the full price of the reservation for which the change or cancellation is requested.
4.6- Refunds that may arise in the payments made are deposited to the credit card or bank account used during the reservation.
OTHER PROVISIONS:
5.1- The information related to the rental subject to this contract has been examined and evaluated by the Tenant on the website of Tivali Home. Rental details can be printed by the Tenant on the website at each stage of the reservation or after the booking has been made. The rental price and payment method are seen by the Tenant before the reservation is completed on the website and the Tenant chooses one of the payment options depending on their own request. The Tenant completes the payment by entering the 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, Tivali Home has no obligation to pay any punitive terms or compensation for the damages that may arise due to the Tenants negligence and to make transactions from the system with the software such as viruses etc. to be found on the Tenants computer or with the passwords and information to be seized by third parties due to the negligence of the Tenant and therefore has the right to recourse to the Tenant for the damages that may arise due to these reasons.
5.2- It is the duty of care of the well-intentioned Tenant to notify the authorized person in writing during the performance of the service about the issues complained of by the Tenant. The fact that the tenant uses the service to the end without notifying the Tivali Home authorities despite having a complaint eliminates the rights to compensation such as substitute service and refund of the price related to the complaint issues.
5.3- Even if the Tenant cannot sign the rental reservation contract by mailorder, virtual pos, money order or EFT for any reason, they have learned the terms of this contract that will be valid between the parties through the catalog, website or announcements and has undertaken to receive the rental reservation contract under the written conditions in this contract.
5. 4- The Tenant undertakes that he has read and signed this contract after receiving all kinds of information about the apartment signed with this furnished apartment rental reservation and mentioned in the contract from the web addresses of Tivali Home and the company sales representatives and after making all the necessary examinations. Tivali Home has announced the information about the qualifications and services of the apartment it promises to book, based on its information on the official website of the apartment. In the event that the apartment does not meet the prescribed standards or is not in a position to provide service at this standard on the date of commencement of the rental, Tivali Home has the right to reserve and rent an apartment of the same standard or in an upper category to the Tenant. If the Tenant does not accept such a change, he is not entitled to a refund of the total price paid for his reservation.
5.5- In case of not enter the apartment without cancellation, the rental fee will not be refunded. The costs of the periods not stayed due to force majeure are refunded. In case of late check-in or early check-out for any reason other than these reasons, the remaining time will not be refunded.
5.6- Other persons other than the persons notified by the tenant that they will stay in the dwelling cannot stay in the dwelling. It is obliged to hand over the identity copies or passport copies of the
persons staying in the residence to the Tivali Home authorities before entering the residence. In case of false or incomplete statements, all legal responsibility belongs to the tenant.
5.7-Rental period and dates, names of the persons staying in the residence, type of housing where the rental will be made, payment method; It is clearly included in the introductory page published on the website of Tivali Home, which is an annex and an integral part of this contract, in the reservation records made by the Tenant and in the preliminary information form.
5.8-The Tenant will rent between the dates specified in the reservation. If the house is available outside these dates and for the rental, Tivali Home may extend the date after making the payment of the request for extension 1 month before the end of the rental.
5.9- Tivali Home is not responsible for any loss, damage and theft of valuable belongings of the Tenant in the rented residence.
5.10-The tenant accepts, declares and undertakes in advance that it is possible to settle in the housing at 14.00 at the earliest, regardless of the arrival times to the residence, and that the dwelling must be vacated at 12.00 at the latest regardless of the departure time on the day of departure.
5.11-The Tenant accepts and undertakes that he has received, read and informed all the preliminary information of the product / service subject to the contract, sales price, payment method, performance and all other preliminary information and gives the necessary confirmation in electronic environment.
5.12- Invoices are sent by the Tenant to the address specified in the invoice address section during booking. If the invoice address section is left blank, the invoice is sent to the contact information address. Invoice; Tivali Home is not responsible for unmade deliveries caused by specifying the wrong address or not specifying the person to be delivered or not being able to be found at the specified address.
5.13-Force majeure; adverse weather conditions, road obstacles, terrorism, strike-lockout, possibility of war, flood, fire, etc. are considered force majeure. Due to such reasons as the non-commencement or circumstances that prevent the continuation of the lease, Tivali Home may cancel the lease or replace it with another residence in the same area or in another region of the same category and quality. In such cases, the Tenant is not entitled to compensation.
5. 14- The Tenant accepts and declares that they have received, read and informed a copy of the information in electronic environment regarding the qualifications of the service subject to the contract, the sales price, the payment method, the information about the performance and all the issues written in the preliminary information, the introduction page on the website and the registration (reservation) document and that they have given the necessary confirmation in electronic environment.
AUTHORIZED COURT:
In the resolution of disputes arising from the implementation of this rental contract; firstly, the provisions of this contract and the provisions of the Law No. 6502 on the Protection of Consumers and the relevant Regulation will be applied and the parties may apply to the mediator, consumer courts and / or consumer Problems Arbitration Committee within the legal limits. Competent court for the resolution of disputes is İstanbul Court and execution offices.