SALES AGREEMENT
1) The Parties and Objectives
This agreement is made among the persons who rent the “Villa/ Accommodation Place” and who gives the “Villa/ Accommodation Place” to rent, in order to rent the “Villa/ Accommodation Place” for a time interval where the starting and ending dates are determined. The persons who wish to rent the villas that are announced in the internet web site named as “www.kalkanvacation.com” are deemed to accept the entire terms stated below and the firm shall not be held responsible for the problems to arise. In case of any actions violating the below stated terms, Kalkan Vacation is granted with the authority to unilaterally cancel the agreement. It is also granted with the right to demand from the client to leave the rented villa and not to return the down payment and deposit. In order to prevent the occurrence of such situations, the persons who rent the aforementioned accommodation places must act in compliance with all the terms.
2) Reservation and Payment
Pre-reservation may be made for hundreds of villas at our internet web site by phone or SMS method, and the reservation processes may also be completed by e-mail. Within the framework of the renting conditions that belong to Kalkan Vacation, the required contact information must be shared with the firm also by stating the preferred dates for the villa demanded to be rented and accommodated. In this way, pre-lease process, called as pre-reservation is completed. Kalkan Vacation demands 35% of the total price from its clients as down payment after the pre-lease is made. The down payment must be paid within 1 business day following the pre-lease process is made. After the down payment is transferred to the company’s account, the preferred villa is reserved and held for the client contacted. Also the down payment amount that must be paid and the account numbers of the company are noticed to the part of the client by e-mail and SMS. For the payment transactions Transfer and EFT options and alternatively credit card payments may be used. 1 business day after the down payment is transferred to the bank account of the company, the reservation approval document is sent to the client. This document is a proof that the villa is officially leased. In the aforementioned document the leasing price, down payment amount, information about the dates of the leasing and amount payment date and time are included. In the case that the down payment is not deposited within the determined times, Kalkan Vacation may cancel the pre-reservation process without being liable to give information to the client in any way. Moreover, also after the cancelling procedure, it has the right to rent the villa chosen by the client to another client. The rest of the agreed price after the payment of the down payment shall be paid to the property owner in cash during arrival to the villa. Depending on the situation, in addition to the villa owner, payments may be made to the firm staff or other officials. As Kalkan Vacation firm rents all of the villas with furniture, against any possibility of damage to the furniture, it demands a deposit from its clients. Such deposit is taken in cash during the delivery of the villa to the client. The deposit taken shall be returned to the clients in the same amount provided that the existing fixture are not damaged. In order to eliminate the possibility of undesired and expected situations to happen, Kalkan Vacation recommends the clients to keep the stated deposit amount in cash.
3) Entrance to/ Departure from the Villa /Apart/Flat
At 16.00 o’clock earliest entrance is possible on the first day between the dates on the reservation is made. The clients can never enter earlier than the time determined by the firm and the property owner. Also if the client arrives earlier and cannot enter the property, Kalkan Vacation cannot be definitely held responsible. However, the property owners, independent from the firm, may help the clients about the entrance time on their own initiative. This option is fully depending on the completion times of cleaning. Early completion of cleaning and required care make the property usable. Though there is a possibility for early entrance, Kalkan Vacation does not in any way provide any guarantee to its clients to provide early entrance. For this reason, it is recommended not to demand entrance before the time determined by the firm. Departure time is determined as 10.00 o’clock. In cases of unexpected situations, departure time may be extended maximum to 11.00 o’clock. For avoiding any problems, the clients must make their plans by basing on such hours. Also in case of early departure, Kalkan Vacation should be informed minimum 24 hours before. Deposit checks may not be made during departures in periods such as high seasons. In such cases, the deposit amount is transferred to the bank account of the client. If the client wishes to leave the property earlier than the determined date, the amount paid shall never be returned back. The clients are deemed to accept this term when signing the agreement.
4) Villa/Apart/Flat Capacity
In all of the announcements in the internet web site the maximum number of persons in the properties are stated. The guests over such number of persons are not definitely accepted. Children oved 3 and infants are also included in this number. If a change in the number of persons shall be made after the completion of the reservation procedures, Kalkan Vacation shall be first informed. The firm shall approve the change if it deems appropriate. In the case that additional persons accommodate the firm may demand extra price from the clients. Any person except for those that are included in the reservation name list shall not be accepted in the property. In any case contrary to this, Kalkan Vacation or the property owner have the right to demand from the clients to leave the property. Such persons or organisations may cancel the reservation or directly demand the property to be emptied. Full price and also extra prices may be demanded. This process is completed fully depending on the initiative of Kalkan Vacation or the property owner. Also, the clients commit that all of the information that they give during the agreement is correct. Only the client shall be held responsible for giving wrong information.
5) Villa/Apart/Flat Care and Extra Expenditures
Entrance cleaning is included in the villa renting prices. 2nd cleaning and renewal costs are also included in the price paid by the guests who are accommodated longer than 1 week. For additional cleaning and services such as sheets and towels except from these, require extra price payment. Garden and pool care expenditures, to be made during morning hours, are met by Kalkan Vacation and all maintenance costs belong to the firm. For the required controls to be made, the task staff have to enter the property. And for this the clients must give permission to the staff. In case that the contrary is stated, services such as electricity, water, internet, air condition and LPG are included in the price. As there are different wishes, the qualities of the villas should be examined by the clients in detail.
6) Pets/Smoking
In some rented villas pets are allowed. However, in all villas expect these, pets are forbidden. Also, smoking in closed areas are definitely prohibited. In case of such situations, Kalkan Vacation has the right to directly cancel the agreement made.
7) Prices
The prices in the internet website are regulated at monthly, weekly and daily basis. For the reservation to be completed, the stated 35% down payment amount may be transferred to the firm account by credit card and Transfer/EFT methods.
8) Reservation, Payment, Cancelling Terms and Return Conditions
In payments made to the bank accounts of Kalkan Vacation, in cancelling procedures made up to 30 days, no returns shall be made and thus, pre-payments shall be held. All payments made shall be transferred to the villa owner. The remaining amount shall be collected from the client by Kalkan Vacation personally.
The clients as their natural rights may cancel their holidays before the journey starts. However, in this case, Kalkan Vacation has to be informed in writing. After the cancelling procedure is completed, total considerations of the expenditures and costs made are collected from the clients. In calculating such amounts to be collected certain issues are essential. The down payment transferred to the account for reservation is not returned in any case.
a) If the cancelling procedure is made 30 days before the determined dates, 35% of the total accommodation price shall be paid.
b) If the cancelling procedure is made 23-29 days before the determined dates, 50% of the total accommodation price shall be paid.
c) If the cancelling procedure is made 16-22 days before the determined dates, 75% of the total accommodation price shall be paid.
d) If the cancelling procedure is made 1-15 days before the determined dates, 100% of the total accommodation price has to be paid.
The clients who made a reservation and paid the entire price to the bank account, if they complete the cancelling procedure in times 30 days before, 35% of the total accommodation price shall be hold and it is directly transferred to the property owner. As it is not later than 30 days, the remaining 65% shall be transferred to the bank account of the client. All transfer costs shall be reduced from the deposited amount.
If the persons who made a reservation complete the cancelling procedure before 23-29 days, they cannot take 50% of the total deposited price as return. The remaining 50% amount shall be returned to the client. However, for the procedures made between 16-22 days, 75% of the total price is collected by the firm. The remaining 25% amount shall be returned to the client. The only reason for such low levels of return is that so short a time is left before accommodation. As Evini Kirala cannot rent the cancelled villa in such short periods, it wishes to take the price for the reservation procedure in advance. In accordance with the articles of the agreement, the clients are deemed to accept all of these terms without any exceptions. If the cancelling is made in a time later than 15 days, all of the deposited price shall be hold by the firm and the property owner. The clients do not have any right to object to this situation in any case. All issues are shared in the agreement with the clients in detail.
In payments made with a credit card, certain commissions are taken from Kalkan Vacation. When return procedures are being performed, such commission amounts shall be collected from the deposited amount. In this way, the firm prevents any losses.
In cases where reservation procedures are cancelled by Kalkan Vacation, the clients are informed about this situation in the shortest time. If there is another villa available and having the same criteria, such villa shall be directly offered to the client. If the client does not like the offered villa, the paid amount shall be similarly returned to the client.
Specific to some villa types, leasing price and down payment is directly collected from the client. In such villas having this quality, even the reservation is cancelled at early dates, no returns shall be made to the clients. The villas with such qualities are stated in the announcements in detail.
In the case that the price that must be paid by the client is not paid in its due date, Kalkan Vacation has the right to cancel the agreement. Also, the deposited pre-payment shall not be returned to the client. Cancelling the reservation must only be made in writing. Electronic posts are also defined as written documents. Cancelling the reservation by phone calls is not valid in any case. Such reservation cancelling is put into effect by written documents reaching to Kalkan Vacation.
In cases where the agreement is cancelled without notification for any situation stemming from the fault of the client, provided that it shall be valid by the open declaration of the both parties, Kalkan Vacation shall not be held responsible in any way. The entire price that must be paid shall be collected by Kalkan Vacation by legal ways. All rights of the company about this issue are reserved.
9) Villa/Apart/Flat Standards
All our villas have separate private pools and gardens and they are fully independent. The below stated conditions exist in all of our villas.
Kitchen: Refrigerator, dishwasher, oven, cooker, water heater, food and beverage set equal to the number of persons to accommodate.
Hall: Television, satellite receiver, air condition.
Bedroom: Clean sheets and pillow set, wardrobe, air condition
Other: washing machine, vacuum cleaner, iron and ironing table, dining table and sitting group, hair drier, sunbed, sun umbrella, barbecue.
Note: unless the contrary is stated, no generator /power source exist in the villas. Also, responsibility for the problems suffered by the clients stemming from the electricity and water cuts stemming from infrastructural insufficiencies do not belong to our company.
10) Reservation Date Change
Sure, there may be changes in the reservation dates. However, first come issues must be paid attention. The changes to be made are only valid for the leased villas and price for change is determined as 50 GBP. Even the date is changed for 1 day, this means renewal of the entire agreement. This price is collected from the clients only for the increasing working burden. If the entrance day in the property is less than 45 days, no changes can be made in the dates. The only reason for this is that the possibility to make leasing to another client diminishes for the shortening of time. The company and the property owner have the right to collect such lost potential leasing price from the current client.
11) Deposit for damages
Deposit prices change depending on the qualities of the villas. The demanded amount shall be stated in the approval document delivered to the client in detail. Such price shall be paid in advance during entrance in the property. If there is no problem in the fixture during departure from the property, it shall be returned to the client in the equal amount. If the client decides to leave at an earlier hour than the determined hours, and no damages are detected during the later controls, deposit amount shall be transferred to the client’s account. If the damage made on the property is at a larger amount that the deposit, this amount shall be collected from the client. If the client has any objections, the collection shall be made by legal ways.
12) Swimming Pools
Temperatures of the pools within the villas are regulated according to the season. So, the clients do not have any right to complain for they are cold or hot. The persons who shall lease the villa may obtain detailed information from the meteorology service.
13) Our responsibilities and warranty
Kalkan Vacation is responsible to make the property ready and clean on the determined dates and times. If there are any equipment that cannot be used during entrance in the property, Kalkan Vacation must be informed about this defect. If the problem is detected, this problem shall be eliminated by the property owner or Kalkan Vacation staff within 48 hours. Kalkan Vacation shall not be held responsible for this problem. It shall only play an effective role in solving the problem. It is not liable as it serves as a bridge between the buyer and the seller. Except from these, the client is responsible for any health problems that occur in the property and stemming from the client. Also, in case that the clients use different firms during their holidays and have any problems with these firms, Evini Kirala does not accept any responsibilities. Additionally, if the client did not inform the problem during the time of accommodation at the property, cannot make any complaints about lack of services or comfort in any way after leaving the property.
14) Invoice- Taxes
None of the properties in the web site belong to Kalkan Vacation. All of the leased property belong to different persons or entities. Kalkan Vacation is solely a broker acting as a bridge between the buyer and the seller. Thus, Kalkan Vacation only issues a broker invoice. In short, only a certain amount of broker fee is collected from the price received. All remaining price is transferred to the account of the property owner. Later, the property owner pays the income tax to the state. Kalkan Vacation is only liable to pay tax on the basis of the income it earns. It cannot be held liable for the taxing of the price earned by the entities or persons.
15) Responsibilities of the Clients
The clients are responsible to use all kinds of materials delivered to them in a clean and careful manner. Like all furniture, kitchen tools must be left clean. The kitchen must be cleaned and wastes thrown on the departure day. If such conditions are not fulfilled, a certain cleaning price shall be collected from the deposit demanded by Kalkan Vacation. The clients have to inform Kalkan Vacation about the problem occurring in the property. All kinds of problems are eliminated on the deposit. If the deposit is not sufficient, additional cash price may be demanded. All clients must comply with moral and social rules. All kinds of actions prohibited by our county’s legislation are not permitted in the property. Listening loud music and making noise is not acceptable. Kalkan Vacation has the right to demand its clients to leave the property in case of any complaints coming from the surrounding residents. The pools of the villas called as religious or conservative are not seen from outside. However, Kalkan Vacation does not provide 100% guarantee about this issue. Regarding visibility, all clients must be careful for their privacy. In such and similar cases the firm cannot be held responsible in any way. The clients must read and sign the agreement prepared by Kalkan Vacation during entrance in the property. If the clients refuse to sign the agreement during entrance in the property, the prices paid before shall not be returned to the client. If the price is not returned, the clients cannot claim any rights.
16) Force Majeure
In cases included in force majeure both Kalkan Vacation and the client may cancel the aforementioned agreement mutually. Situations like war taking place across the county, natural disasters occurring in the region of accommodation, epidemic taking place across the country may be given as examples of force majeure.
17) Complaints
The clients have to directly inform Kalkan Vacation about their all kinds of complaints during their stay in the property. The complaint situation shall be evaluated by the firm officials. If the problems that are not informed during the accommodation are informed after the completion of the accommodation, Kalkan Vacation cannot be held liable for this situation. Thus, the events lived have to be informed to the firm at that moment.
18) Security and Confidentiality Policy
Kalkan Vacation does not disclose and share the personal information of its clients to any third persons or organisations in any case, except the cases that are included in the Use Agreement. Any of the personal information is not sold to third persons. All of the information such as names-surnames, phone numbers and e-mail addresses are personal information and can never be shared. Kalkan Vacation shall be able to use such information only for defining users’ profiles and making various statistical studies. Kalkan Vacation commits to protect such information in the best way and not to share them with different persons. In the case that the www.kalkanvacation.com address suffers any cyberattacks and the information are seized despite Kalkan Vacation has taken all measures, Kalkan Vacation cannot be held responsible for this.
The IP information of the clients are used in necessary situations by www.kalkanvacation.com. These addresses can be used only for the purpose of defining the current client profile and to make statistical studies about the demographic structure.
19) Other Important Information
1) Kalkan Vacation is not responsible for damaged or rough roads during transportation to the villa. The firm only gives service for the property and the property garden. Transportation to the villa is not included in this service.
2) Kalkan Vacation is not responsible for the accidents and adverse situations during transportation to the villa.
3) Kalkan Vacation is not responsible for the health problems arising from the materials used during the construction of the properties. The problems to be suffered by the persons having allergies against different materials are only related with the clients and the solutions should be found by them.
4) All our clients leasing the villas need personal vehicles. However, this need should be met by the client. Kalkan Vacation cannot be held responsible for the lack of its fulfilment.
5) Kalkan Vacation is not under the responsibility for cases when the villa is liked and leased but its surrounding is not liked. Such complaints are not accepted.
6) Kalkan Vacation marks the locations of the villas in the announcements as estimates over Google Maps. Stated locations are not 100% correct. Thus, the clients cannot claim rights for the locations which are not 100% correct.
7) Kalkan Vacation is not responsible for the damage on the private vehicles used during transportation to the villa. Vehicle problems stemming from the damages of the roads are included in this condition.
8) The defects of the transportation vehicles used for transportation to the villa are fully under the responsibility of the client. Situations like lack of engine power, the vehicle being close to the ground or novice drives have no relation with Kalkan Vacation. Thus, the firm is not responsible for the transportation problems.
9) The information in the distance tables of the villas in the announcements at www.kalkanvacation.com address is stated as estimates. All distances are not 100% correct. Small mistakes and calculation errors may happen. The clients accepting the agreement sign it by accepting such mistakes of distance.
10) In the distance table in the web site, locations such as the closest market, closest restaurant, closest airport and closest beach take place. If the restaurant in the table has closed in the previous period and is not any more available, Kalkan Vacation cannot be held responsible for this change.
11) As the injuries, broken arms and all kinds of similar situations that happen in and around the pool within the property have no relation with Kalkan Vacation, the firm does not accept any responsibility.
12) Kalkan Vacation does not intervene in the internet cuts stemming from the Telekom, electricity cuts stemming from the electricity distributing company and similar situations. Thus, the firm does not accept any responsibility.
13) After visiting the villa, it is absolutely not accepted that the photos on the site are better and the villa is not liked and Kalkan Vacation cannot be held responsible for these excuses.
14) Clients are entirely responsible for incidents such as dog bites, insect bites and similar events. Kalkan Vacation has no responsibility in this case.
15) Kalkan Vacation is not responsible for situations such as death, absence of a wedding, or an accident. It is essential that the specified fee is collected by the company as much as the calculated amount. Otherwise is not accepted. All of the clients are deemed to have accepted all of the above conditions without exception. If the client tries to cancel the agreement using the excuses and problems mentioned above, Kalkan Vacation has the right to cancel the agreement unilaterally. In addition, the agreement price can also be demanded from the customer.
20) Disputes
Enforcement offices and courts are empowered to resolve any disputes that may arise about the details and matters contained in the agreement. In cases where an agreement cannot be reached, legal actions can be taken directly. The client can sue the firm in case of injustice.
Kalkan Vacation is able to collect all fees determined by legal means from its clients in full, in order to protect its own interests, in the event that Kalkan Vacation cannot perform the collection transactions. After the transactions made through the website of the firm named Kalkan Vacation, a reservation is created and the property is reserved for the client. If the reservation is made, the said client is deemed to have accepted all the conditions without exception.
Kalkan Vacation may cancel the agreements unilaterally if the conditions specified and written in a detailed and explanatory manner are not complied with. Apart from the agreement, pre-reservations can also be cancelled. In the event of such cancellations, refunds and returns shall not be made, and the firm has the right to charge extra fees. The rights of both parties are detailed in the agreement.