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SALE AND SERVICE AGREEMENT

ARTICLE 1: PARTIES OF THE AGREEMENT AND DEFINITIONS: 1.1. He/She is the real and/or public person will be referred to as CUSTOMER hereinafter. The one referred to as HOTEL is the one with the mailing address “Nishant Boutique Hotels, Halaskargazi Mahallesi Bahtiyar Sokak No: 10/3 Şişli – Istanbul TURKEY” and the internet address “www.nishanthotel.com”.

1.2. Customer and Hotel are hereinafter referred to as “PARTIES”, and deemed to have acknowledged that this agreement is an official proposal, it contains all terms for the paid accommodation service, all terms are binder for the parties, it’s on the website www.nishanthotel.com, the Reservation Holder and the Hotel mutually accepts the validity of the articles stated below in the reservations made on www.nishanthotel.com.

1.3. The Hotel and the Reservation Holder may sign an agreement in different circumstances by mutually agreeing upon in written form. In this case, terms in the latter agreement are valid. With regards to the points not stated in the supplemental agreement, these provisions written here (Online Reservation Terms and Conditions) are valid. Turkish Law is valid in this Online Reservation Terms and Conditions’ execution. Our Online Reservation Terms and Conditions agreement may be updated.

ARTICLE 2: SUBJECT and DURATION OF THE AGREEMENT: 2.1. According to this agreement the HOTEL is obliged to offer accommodation service at the HOTEL upon CUSTOMER’s demand, on the dates indicated in the reservation form which is on the website www.nishanthotel.com. (This will be referred to as SERVICE hereinafter.)

2.2. Upon signing (accepting while making a reservation) this agreement, the CUSTOMER accepts, states and undertakes in advance that they were informed on the reservation terms and rates designated by the HOTEL, and will comply with these terms.

2.3. The HOTEL will confirm the CUSTOMER’s demand as of the signing of this agreement.

2.4. This agreement will come into effect on the date the service has been purchased and if there are no disputes during the service, it will be regarded invalid as of the moment the CUSTOMER leaves the HOTEL. In case of a dispute, the agreement will be valid until the dispute has been resolved.

ARTICLE 3: TYPE OF THE ACCOMMODATION RESERVATION: 3.1. The SERVICE reservation is made by the CUSTOMER through the complete and accurate information filling on the form located on the website www.nishanthotel.com

3.2. In case the CUSTOMER wants to cancel the reservation or make changes in the reservation, they may cancel or make changes by reaching the SERVICE information through the website indicated in the email sent to the CUSTOMER upon securing a reservation through www.nishanthotel.com and also, get in touch with the reservation office of the HOTEL from the number “+90 (212) 230 13 10” in person or through an attorney clearly authorized by themselves provided that they accept and comply with the terms indicated on ARTICLE 5 in this agreement.

3.3. The children aged 0-6 will be admitted without a charge, and children aged 6-12 will be eligible for a 50% discount. Children discounts are valid only if at least one adult is staying in the same room with the child. If else, the children discount can’t be applied.

3.4. The age of the children are calculated according to the reservation date. The CUSTOMER is obliged to certify the information given in the reservation at check-in with an official ID card valid as per the Turkish Republic Laws. The CUSTOMER accepts, states and undertakes the payment of the price difference per child that occur when each child is regarded as an adult due to the lack of documentation, in advance, to the HOTEL.

3.5. The CUSTOMER accepts, states and undertakes the payment of all kinds of price differences that occur when different people aside from the ones indicated on the reservation or more people show up, to the HOTEL at the HOTEL check-in. The HOTEL reserves the right to accept or deny more people who are brought without a prior notice when the HOTEL is not available.

ARTICLE 4: METHOD OF PAYMENT: 4.1. The CUSTOMER will securely make the payment with 3D Secure System by entering their own credit card information onto the screen they’re directed to after the reservation process. The total accommodation fee will be collected from the credit card that the CUSTOMER has used to make the reservation, during the online transaction. The room prices include 8% VAT.

4.2. The HOTEL, guarantees that the CUSTOMER’s credit card information is not kept, copied, shared with a third party, and that there are security system which prevents the information from being copied. But the HOTEL is not responsible for the security flaws in the computer which the CUSTOMER uses during the payment process, information copying and gathering software, the third parties getting ahold of the information, document and/or the secrets due to the CUSTOMER’s lack of attention and the damages related to that, under any circumstances.

4.3. At check-in, the CUSTOMER is obliged to submit the original of the credit card (or the photocopy of its front side) used for the payment. The HOTEL will not take responsibility for the issues arise in otherwise circumstances.

4.4. The invoice of the CUSTOMER regarding the service will be given at check-out. If the CUSTOMER doesn’t receive their invoice, they may contact the HOTEL to make them send the invoice to the designated address. The HOTEL will not take responsibility when the CUSTOMER doesn’t receive the invoice because the indicated address is incorrect, the CUSTOMER can’t be found at the address or the receiver is not indicated.

4.5. Reservations made in a sales CAMPAIGN, rise or fall in the campaign price the CUSTOMER has paid, under no circumstance affects the purchase price. The CUSTOMER is billed at the service cost valid for the day and time it was bought in.

ARTICLE 5: RESERVATION CHANGE, CANCELATION AND REFUND TERMS: 5.1. The CUSTOMER accepts, states and undertakes fully paying the price differences that may occur when a change in reservation upon their request, in advance. After the change process, if the price difference is not paid to the HOTEL in 48 (forty eight) hours, the request for change that constitutes the price difference will be deemed invalid.

5.2. The CUSTOMER is obliged to notify the HOTEL of the request for change 48 hours at the latest before the day SERVICE is scheduled to start. The HOTEL reserves the right to accept or deny the request for change notified after the indicated date, according to the HOTEL’s availability.

5.3. In case of requests for cancelation and refund, aside from the documented force majeure (death, accident, etc.) notified to the HOTEL by the CUSTOMER in 20(twenty) days following the reservation date, the whole process commissions and the price deductions paid to or will be paid to the bank are firstly offset for the cash and installment sales. In the following 10(ten) workdays after the request is made, or in case of a request made after 20(twenty) days, the whole process commissions and the price deductions paid to or will be paid to the bank are firstly offset, and the remaining amount’s is deducted by 15(fifteen)% for the No-Show cost, then, after the block put as a SERVICE cost is lifted by the bank, the new remaining amount is refunded to the CUSTOMER by transferring it to a bank account of theirs.

5.4. In requests for cancelation and refund made when there’s 48 hours to the start of the SERVICE, the whole process commissions and the price deductions paid to or will be paid to the bank are firstly offset and the remaining amount is deducted by 15(fifteen)% for the No-Show cost, then, after the block put as a SERVICE cost is lifted by the bank, the new remaining amount is refunded to the CUSTOMER by transferring it to a bank account of theirs.

5.5. In requests for cancelation and refund made when there’s less than 48 hours to the start of the SERVICE, the one night cost of the room type that the CUSTOMER has made the reservation in will be billed as a cancelation fee. The whole process commissions and the price deductions paid to or will be paid to the bank are firstly offset and the remaining amount is deducted by 15(fifteen)% for the No-Show cost, then, after the block put as a SERVICE cost is lifted by the bank, the new remaining amount is refunded to the CUSTOMER by transferring it to a bank account of theirs.

5.6. If the reservation cancelation is made when there’s 24 hours or less to the check-in time, the whole accommodation fee is billed.

5.7. Refunds won’t be given for the purchases made in a sales CAMPAIGN. The CUSTOMER may use the SERVICE fee they paid to the HOTEL as a SERVICE fee deduction from the total amount of the purchase made on another date determined by the CUSTOMER.

ARTICLE 6: TYPE OF ACCOMMODATION: 6.1. Everyone staying at the HOTEL must submit their ID information.

6.2. At check-in, the information that the CUSTOMER entered in the reservation screen and their ID card will be checked. The CUSTOMER accepts, states and undertakes the extra payment that may occur due to misinformation, in advance.

6.3. Admission to the HOTEL is made at 2pm. Even if the CUSTOMER arrives before this hour, they accept, state and undertake that they may enter their room as of 2pm at the earliest.

6.4. When the SERVICE duration is over, the CUSTOMER must submit their room at noon, at the latest. The CUSTOMER accepts, states and undertakes in advance that for the rooms submitted between 12am – 4pm, 50% of a night of accommodation service fee, and for the rooms submitted after 4pm, total amount of a night of accommodation service fee will be charged and the amount will be collected at check-out.

6.5. The CUSTOMER accepts, states and undertakes in advance the fee of the extra service provided to them after they submit their room.

6.7. During the check-in to the HOTEL, for the expenses the CUSTOMER may make during their stay, pre-provision or Turkish Lira, Euro or Dollar denominated cash deposit will be taken from their credit card. This amount will equal to multiplication of the number of nights spent in the HOTEL with a certain amount.

6.7. The HOTEL is not pet friendly.

6.8. The HOTEL reserves its right to make conceptual changes in any period of the year, according to the guest density.

6.9. The service demands that the CUSTOMER makes during the online reservation process, may be fulfilled in accordance with the HOTEL’s availability.

6.10. After the CUSTOMER settles in the HOTEL, they accept, state and undertake that in case they renege on the SERVICE, they are to pay the total amount of the accommodation fee, excluding the case in which the HOTEL doesn’t fulfill its responsibilities or force majeure (natural disasters, accidents, etc.) is in question.

ARTICLE 7: RESPONSIBLITIES OF THE PARTIES: 7.1. The CUSTOMER is obliged to notify the HOTEL representative in written form in case they are not satisfied with the service quality that the HOTEL offers. In other cases, the service offered by the HOTEL will be regarded as flawless and punctual and the CUSTOMER accepts, states and undertakes that they won’t and can’t have the right to make any kind of demands regarding this situation as they will accept that it’s irrevocable with their own free will, in advance.

7.2. If the CUSTOMER violates any of the articles in this agreement, they accept, state and undertake that they will compensate the HOTEL’s loss.

7.3. The HOTEL accepts, states and undertakes that they will provide a safe environment for the CUSTOMER during their SERVICE duration.

ARTICLE 8: OTHER TERMS: 8.1. The vagaries such as bad weather conditions, strikes, lockouts, terrorism, military operations, flood, fire, and etc. will be regarded as force majeure. And in case such situations occur, the HOTEL may not continue to provide SERVICE or make the CUSTOMER stay at another facility of same level in the same or another district.

8.2. The HOTEL reserves the right to organize special nights on special occasions and bank holidays such as religious holidays, New Year etc. and the right to change the content of the night it organizes.

8.3. Should the need arise for the disputes that emerge in accordance to this agreement to be resolved, Turkish Republic İstanbul County Court and the enforcement offices are authorized.

ARTICLE 9: SEVERALTY OF THE TERMS: 9.1. Provided that any term in this agreement becomes invalid, illegitimate or inapplicable for any reason, the solution is ideally interpreted and applied according to how the situation would be dealt with without this invalidity, illegitimacy or inapplicableness in question.

9.2. The existence of such invalid, illegitimate or inapplicable term doesn’t affect the other terms’ validity, regulatory compliance and applicableness.

9.3. In addition, the different application of any term in this agreement by the PARTIES, does not only mean that that term is accepted as it is, but also the application in question won’t affect other terms’ validity. Also, just because some terms don’t apply, doesn’t mean the terms in question are abolished.

ARTICLE 10: EVIDENTIAL CONTRACT: MÜŞTERİ, iş bu sözleşmenin uygulanmasından doğabilecek her türlü ihtilafta OTEL’e ait olan kayıtların, mikrofilm, mikro fiş ve bilgisayar kayıtlarının, faks kayıt, yazı ve çıktılarının, HUMK’un ilgili maddeleri uyarınca geçerli, bağlayıcı, kesin ve münhasır delil teşkil edeceğini ve bu maddenin yazılı delil sözleşmesi olduğunu peşinen kabul, beyan ve taahhüt eder.

ARTICLE 11: RENUNCIATION: 11.1. The renunciation of the rights given to the PARTIES in this agreement are if and only valid when it’s organized in a written from.

11.2. The negligence of one of the PARTIES in demanding the other party to fulfill the responsibilities indicated in this agreement not only doesn’t mean that they fully renounce those responsibilities’ fulfillment demand but also, can’t prevent the demand of those responsibilities to be fulfilled later and doesn’t indicate the invalidity of this agreement in any way.

11.3. In accordance with this agreement, in cases when the mandatory subjects are not fulfilled by the PARTIES, one of parties renouncing the right for that time only or violating the use of the right can’t be evaluated as the condonation of the incongruent acts against the agreement and as the responsibility in question is abolished.