SERVICE RESERVATION / SALES AGREEMENT

This Agreement has been drawn up in order to regulate the purchase by the Customer of accommodation services at the facility specified for the dates indicated through the sales and reservation channels, as well as to determine the general provisions regarding the accommodation services to be provided by the Hotel and, within this scope, the mutual rights and obligations of the parties.

1. Accommodation Content and Conditions
   • The service purchased by the Customer and the scope of such service are specified in the voucher and the pre-information form attached to this Agreement.
   • The Customer acknowledges that they have read and understood the pre-information form containing the characteristics of the service they have purchased.
   • The Customer accepts the accommodation service conditions set forth herein also on behalf of the other persons who will stay together with the Customer and undertakes to provide accurate mandatory information required for the accommodation service, such as the names, surnames and ID numbers of such persons. The Customer further acknowledges that they are obliged and responsible for informing such persons about the scope of the pre-information provided to them, and that such pre-information shall be deemed to have been provided to those persons as well.
   • Each person who will be accommodated is required to present valid identification. At the time of check-in, the service information purchased by the Customer will be verified against the Customer’s identification. The Customer acknowledges that they shall bear full responsibility for any consequences arising from the provision of incorrect information.
   • The Customer acknowledges that they bear full responsibility for their baggage and its contents; they are obliged to monitor and control their belongings, and that neither the Agency, the Hotel, nor their employees shall have any legal or criminal liability for lost, stolen, or missing items. Accordingly, the Customer shall not make any claims against the Agency and/or the Hotel and/or their employees.
   • The Customer undertakes to comply with the laws and customs applicable at the facility where they will stay; to adhere to the rules communicated by the guide, facility, agency, and transport authorities regarding the purchased service; not to endanger the life, safety, or property of third parties; and acknowledges that, should the Customer endanger third parties’ life, safety, or property, they shall be personally and primarily liable for any resulting material or non-material damages. Otherwise, the Agency and/or the Hotel may justifiably refuse to provide the service, and the Customer shall not be entitled to a refund.
   • The Customer acknowledges that any additional food and beverage, personal expenses, or goods and services outside the scope of the purchased accommodation service shall be paid by the Customer.
   • If the Customer terminates the use of the service on the grounds of defective performance, they shall, in accordance with their duty to cooperate and act diligently, notify the Agency representative and the Hotel in writing of the reasons for termination; otherwise, it shall be deemed that the service has been fully used by the Customer.
2. Contract Price and Payments
   • The total fee for the service provided by the Hotel to the Customer includes VAT.
   • The Customer acknowledges that, in accordance with the Accommodation Tax provisions regulated by Article 9 of Law No. 7194 on Digital Services Tax, published in the Official Gazette No. 30971 dated 07.12.2019, the Hotel may levy and collect accommodation tax from Customers who stay and/or use additional services, and that the Customer has been informed of this by the Agency.
   • A reservation made by the Customer shall be finalized upon full payment of the contract price. If the contract price is not paid at the time of reservation, the reservation shall be cancelled by the Hotel.
   • If, after the provision of the relevant service, the Customer’s credit card is used by unauthorized persons in a manner not attributable to any fault of the Agency, and the bank or financial institution refuses to pay or refunds the service fee to the Agency on the grounds of such unauthorized use, the Customer shall be liable for the disputed service fee and any damages, together with statutory interest accruing from the date of reservation.
3. Reservation Changes, Cancellations, and Refunds
   • The Customer is obliged to notify the Hotel of any request to change the reservation no later than 15 days prior to the start date of the service. The Hotel shall consider the Customer’s request based on availability.
   • The Customer acknowledges and agrees to pay in full any price differences arising from the requested changes. If the price difference is not paid within 24 hours after the change is made, the change request that generated the price difference shall be deemed invalid.
   • The Customer may transfer the purchased service to a third party no later than 7 days prior to the start of the service. The transferee shall be jointly and severally liable together with the Customer for any remaining contract price and all costs arising from the transfer. Such transfer must be notified to the Agency and/or Hotel in writing.
   • If the Customer fails to notify in writing that they will attend the service they missed at the start, the Agency has the right to cancel all reservations and services made on behalf of the Customer 24 hours after the start. In such cases, no refund shall be provided to the Customer. If the Customer notifies within 24 hours from the start that they will attend the service, they may benefit from the service.
   • As stated in the pre-information form, in accordance with Article 15/1-g of the Distance Contracts Regulation, the Customer has no right of withdrawal from this contract. However, the Agency grants the Customer a right of withdrawal under the terms and conditions specified below:

3.5.1. If the Customer notifies the Agency in writing of their decision to cancel or refrain from using the purchased accommodation service at least 15 days prior to the commencement of the service, the Agency shall refund the full amount paid by the Customer within 30 (thirty) business days, excluding taxes, fees, and similar legal obligations that must be paid by the Agency.

3.5.2. If the Customer notifies the Agency in writing of their decision to cancel or refrain from using the purchased accommodation service 14 (fourteen) days or less prior to the start of the service, the amount paid by the Customer shall not be refunded. Requests for date changes made by the Customer shall be considered as cancellations, and the periods set forth above shall apply.

3.5.3. The right of withdrawal is valid for all hotels and all room types within the Agency only under the conditions specified above; it does not apply to the Palazzo Luxury Chalet room types at Kaya Palazzo Ski & Mountain Resort, nor to the Palazzo Mansions, Luxury Lagoon Suites, and Villas room types at Kaya Palazzo Golf Resort. For reservations made in the specified establishments and room types, no right of withdrawal exists, and no refund shall be provided by the Agency.

• If the Customer has benefited from an early booking discount, in accordance with Article 15 of the Distance Contracts Regulation, under no circumstances shall the Customer have the right of withdrawal from this contract.
• For reservations made for dates recognized as national or religious holidays in Turkey, in accordance with Article 15 of the Distance Contracts Regulation, under no circumstances shall the Customer have the right of withdrawal from this contract.
• If the Customer or the Customer’s first-degree relatives experience illness or death preventing customary occupational activities for a period of 10 (ten) days, and such circumstance is documented in writing with an official report issued by a fully-equipped state hospital prior to the commencement of the service, the amounts paid by the Customer shall be refunded within 30 (thirty) business days, excluding mandatory taxes, fees, and similar legal obligations, as well as documented amounts paid to third parties that are non-refundable.

4. PROVISIONS REGARDING THE PACKAGE TOUR CONTRACT

The subject matter of this contract concerns the provisions to be applied to services falling within the scope of the Package Tour Contracts Regulation dated 14.01.2015, as follows:

• All information regarding the content of the Package Tour (including the start and end dates and locations of the journey, means of transportation used, departure and return times, dates and locations, type and specifications of accommodation, meal plan, and itinerary) is provided in the pre-information brochure delivered together with this contract. The Customer acknowledges that they act on behalf of the participants specified in this contract, represent and bind them, and are responsible for providing the participants with the information contained in the pre-information brochure in accordance with the applicable legal regulations. Accordingly, the pre-information brochure, including the tour program provided to the Customer, shall be deemed delivered to all participants.
• The Customer is responsible for providing accurate information regarding themselves and the other participants for whom they act and for ensuring that such information is recorded correctly in the contract. The Agency shall not be held liable for any consequences or damages arising from incorrect personal or contact information (e.g., airline penalties, visa issues, failure to receive travel-related notifications, inability to participate in the tour, etc.).
• The Customer accepts, declares, and undertakes that the contact information specified in this contract may be used to reach themselves and the participants.
• The Agency shall immediately notify the Customer of any substantial changes to the content of the contract and their impact on pricing, provided such changes do not originate from the Customer. In the event of a change in any essential element of the contract, the Customer may either accept the change or, by notifying the Agency in writing or via a durable medium that they do not accept the change, exercise the optional rights granted under the Package Tour Contracts Regulation.
• In the event the Customer is unable to continue with the package tour, the Customer may transfer the contract to a third party who meets all conditions applicable under the package tour, by notifying the Agency in writing or via a durable medium at least seven (7) days prior to the start of the tour. Both the transferring and the receiving parties shall be jointly and severally liable to the Agency for the payment of any outstanding amounts and all additional costs arising from such transfer. However, in the case of air transportation, if the airline does not approve the change, the initial ticket cost shall not be refunded. The receiving participant is also obliged to purchase a ticket by paying the ticket cost.
• In the event the Customer wishes to terminate the contract, the termination notice must be sent to the Agency in writing or via a durable medium. In this case:

• Refund of airline tickets shall be performed according to the applicable cancellation policies of the relevant airline.
• For termination notices submitted at least fifteen (15) days prior to the start of the package tour, the full accommodation fee paid by the Customer shall be refunded within thirty (30) business days, except for any expenses arising from mandatory taxes, fees, and similar legal obligations.
• If the Customer submits a termination request less than fourteen (14) days before the start of the service, the paid accommodation fee shall not be refunded.
• Cancellation conditions apply only to accommodation; if transportation services (air, bus, transfer, etc.) are purchased separately, transportation fees are non-refundable. Reservations purchased at “non-cancellable” rates cannot be canceled, modified, or refunded.
• The cancellation policy applies to all hotels and room types within the Agency; however, it shall not apply to Palazzo Luxury Chalet room types at Kaya Palazzo Ski & Mountain Resort or Palazzo Mansions, Luxury Lagoon Suites, and Villas at Kaya Palazzo Golf Resort. For these specified properties and room types, no cancellation, modification, or refund is possible.
  • In the event of an accident during travel on transportation and/or transfer services included in the purchased package tour, all liability for any material, moral, or bodily damages to the Customer and/or third parties shall rest exclusively with the transportation company. The Customer acknowledges, declares, and undertakes that all claims for compensation arising from such damages shall be directed solely to the transportation company, and no claims may be made against the Hotel or the Agency in this regard.

5. Force Majeure

In the event of war, acts or threats of terrorism, political tensions, inability to exercise property rights, civil unrest, military or civilian coups or coup attempts, closure of borders or airspace, travel bans or advisories, accidents affecting air or land transportation directly or indirectly, natural disasters such as earthquakes, floods, volcanic eruptions, strikes and lockouts, adverse economic events such as inflation, devaluation, commercial embargoes, any restrictions affecting transportation, epidemics, quarantine measures, or similar circumstances affecting all or part of the country, the party unable to partially or fully perform its contractual obligations may, at its discretion and upon notification, suspend or terminate the contract. In such cases, no compensation, damages, or payments shall be due.

6. Other Provisions
   • The contact information (address, phone number, e-mail, etc.) provided by the Customer during the reservation and purchase process shall be used for notifications; therefore, the Customer is responsible for providing accurate contact information. Any changes in the parties’ addresses shall be communicated in writing. Unless notified otherwise in writing, any notifications sent to the addresses stated in the contract shall be deemed valid.
   • In the event of any disputes between the parties, in accordance with the provisions of Law No. 6502 on the Protection of the Consumer, the Customer may apply to the Provincial/District Consumer Dispute Committees where the goods or services were purchased or where the Customer resides within the monetary limits determined annually by the Republic of Turkey Ministry of Industry and Commerce, or to the Consumer Court if the monetary limits are exceeded.

The parties hereby acknowledge, declare, and undertake this agreement.

CUSTOMER                                                                           AGENCY