Distance Selling Agreement

ARTICLE 1 – SUBJECT

The subject of this contract covers the rights and obligations of the parties regarding the sale and performance of the service sold by the SELLER to the BUYER, the characteristics and sales price of which are specified below.

ARTICLE 2 – SELLER INFORMATION

COMPANY TITLE ATILGAN AKVARYUM İNŞ.SANAYİ TİCARET A.Ş.

KAŞ PENİNSULA GARDENS HOTEL

ADDRESS Andifli Mahallesi Selahattin Sönmez Sok. No: 6/1 A-B Blok Çukurbağyarımadası Kaş ANTALYA

TAX NO 0101055221800028

PHONE +90 242 836 25 25

FAX

E-MAIL [email protected]

ARTICLE 3 – BUYER

NAME SURNAME

TURKISH IDENTIFICATION NO

ADDRESS

BILLING INFO

PHONE

FAX

E-MAIL

ARTICLE 4 – SERVICE INFORMATION SUBJECT TO THE AGREEMENT

The type of service, sales price, and payment method are as follows according to the transaction code of the selected service.

RESERVATION NO –

SERVICE / PRODUCT NAME –

SALES PRICE (VAT INCLUDED) –

PAYMENT METHOD –

DATE OF THE SERVICE –

ARTICLE 5 – GENERAL PROVISIONS

This contract is entered into between Andifli Mahallesi Selahattin Sönmez Sok. No: 6/1 A-B Block Çukurbağyarımadası Kaş ANTALYA, with contact number +90, 242, 836, 25, 25, and KAŞ PENİNSULA GARDENS OTEL (referred to as PENİNSULA GARDENS OTEL in the contract) and the other party, the individual who has registered on the www.kaspeninsulagardens.com and completed the online reservation process (referred to as the ‘Consumer’ in the contract). The address, identity, and contact information provided by the Consumer upon registration shall be considered valid. 5-1- Consumers who purchase accommodation through our website are required to pay the full service fee at the time of reservation. The reservation is not finalised until the full payment is made. In the event of a partial payment, no claim for the reservation can be made, and accommodation cannot be requested. The refund for the partial payment will be made within 60 business days in the same manner as the payment. The consumer cannot claim any rights other than the refund.

5-2- In the event of a price increase in the contract price, the difference will not be requested from the consumer, nor will any discounts referred to as ‘actions’ by KAŞ PENİNSULA GARDENS OTEL be refunded to the consumer.

5-3- If the consumer is unable to participate in the purchased accommodation service, they may transfer their reservation to a third party who will fulfil all the conditions of the contract by notifying KAŞ PENİNSULA GARDENS OTEL at least 90 days before the start of the accommodation. In this case, the person(s) transferring and taking over the contract shall be jointly and severally liable to KAŞ PENİNSULA GARDENS OTEL for the payment of the outstanding amount and all additional expenses arising from the transfer. If consumers do not have visas, or if they have applied for visas but are unable to obtain them from the relevant authority by the start date of their stay, KAŞ PENİNSULA GARDENS OTEL shall not accept any liability and shall collect the full accommodation fee from the transferring and receiving parties (jointly and severally). If the person taking over the service does not have the same status as the transferor, the transfer will not take place or the transfer will be completed with the special discounts being cancelled.

5-4- KAŞ PENİNSULA GARDENS OTEL may change or cancel the reservation partially or completely before the start of the service or during the service for reasons not attributable to the consumer. The consumer may accept these changes or accept an alternative service offered by KAŞ PENİNSULA GARDENS OTEL. If the consumer does not accept the changes, they have the right to cancel the reservation and receive a full refund of the amount paid under the contract. KAŞ PENİNSULA GARDENS OTEL may cancel or postpone the reservation due to force majeure circumstances that prevent the commencement or continuation of the service, such as strikes, terrorism, war, unforeseeable technical issues, and similar circumstances, despite having exercised all due care. In the event of cancellations made by the consumer at least 90 days prior to the start of the accommodation period, the amount paid by the consumer will be refunded, excluding any mandatory taxes, fees, and similar legal obligations. If the consumer requests cancellation less than 90 days before the start of the stay, they shall declare, accept and undertake to pay the full contract price to KAŞ PENİNSULA GARDENS OTEL. If the consumer requests a change in the service, provided that such change is deemed appropriate by KAŞ PENİNSULA GARDENS OTEL, the consumer shall immediately pay the price difference between the previously provided service and the newly requested service to KAŞ PENİNSULA GARDENS OTEL upon acceptance of the change request. However, if the price of the new service is lower than the price of the previous service, KAŞ PENİNSULA GARDENS OTEL is not obliged to pay the difference to the consumer. The consumer must notify KAŞ PENİNSULA GARDENS OTEL in writing of any illnesses or disabilities that prevent them or their first-degree relatives from staying for at least 30 days during the accommodation period, with an official report from a fully equipped state hospital or, in the event of death, with the relevant documentation, the reservation cancellation request will be accepted, and the amount paid by the consumer will be refunded within 60 business days, excluding mandatory taxes, fees, and other legal obligations, as well as amounts paid to third parties that can be documented and are non-refundable. In such cases, the report and documents must be submitted before the start of the service. If the consumer fails to notify in writing that they will participate in the accommodation service they have missed, KAŞ PENİNSULA GARDENS OTEL reserves the right to cancel all reservations and services made on behalf of the consumer 24 hours after the start of the service. In such cancellations, no refund will be made to the consumer.

In case of reservation, the rooms will be determined by KAŞ PENİNSULA GARDENS OTEL. The consumer cannot claim any rights in this regard.

5-5- KAŞ PENİNSULA GARDENS OTEL and the consumer will fulfil their obligations arising from this contract as required.

5-6- KAŞ PENİNSULA GARDENS OTEL is obliged to send the consumer the Pre-Information Form/Voucher/Email containing preliminary information about the nature of the service subject to this contract, the sales price and payment method, as specified in Article 8 of the contract. KAŞ PENİNSULA GARDENS HOTEL shall not be liable for circumstances arising from the consumer or the personal liability of third parties.

5-7- Consumers who purchase services with a credit card must notify the bank to which the card belongs of any requests for early payment or reduction of instalments and make such payments to the payment branches specified by the bank. If consumers cancel services purchased with a credit card in installments for any reason, KAŞ PENİNSULA GARDENS OTEL will refund the amount charged to the consumer’s credit card. The refund will be processed in accordance with the bank’s procedures and credited to the consumer’s card. Bank rules also apply to refunds for instalment payments, and in the event that instalment payments are refunded to the card in instalments, KAŞ PENİNSULA GARDENS OTEL shall have no liability or right of intervention.

5-8- KAŞ PENİNSULA GARDENS OTEL may provide all notifications to the consumer in writing, either in person or through a durable medium (such as email, text message, disk, CD/DVD, memory card, or any other similar medium or device). The consumer is obliged to notify KAŞ PENİNSULA GARDENS HOTEL within 3 days of the date on which the service should have been performed or was performed, in the event that the contract is not performed at all or is not performed properly, in accordance with the duty of care. Notifications made after this period shall be deemed invalid. The consumer accepts and declares that they have given permission to KAŞ PENİNSULA GARDENS OTEL and its websites to send newsletters for the purpose of campaign announcements to the e-mail, mobile phone, fax, etc. information provided to KAŞ PENİNSULA GARDENS OTEL employees and/or websites during the reservation process. If the consumer declares that they do not wish to receive notifications and announcements made to their own communication channels, KAŞ PENİNSULA GARDENS OTEL undertakes to cease electronic mail, SMS, fax and postal deliveries.

5-9-All disputes arising from this agreement shall be resolved by the ANTALYA Enforcement Office and Courts. If any provision of this agreement is deemed invalid for any reason, the remaining provisions of the agreement shall remain in effect and shall not be affected by such invalidity. This agreement has been drawn up in accordance with the provisions of Law No. 6502 on the Protection of Consumers. In matters not covered by this agreement, the provisions of Law No. 6502 and the relevant regulations shall apply. By signing this agreement or giving electronic consent, the consumer is deemed to have accepted and undertaken the terms of this agreement.