This rental agreement ("contract") has been prepared and signed on the internet and the parties of the contract are;
- www.baranselvillas.com according to the operator of the Republic of Turkey in accordance with procedures established laws "Şehitler Caddesi Olivium Aprtları No:51 Kalkan/ Antalya" address resident Baransel Grup Emlak Turizm Otomotiv Inşaat Taahhüt Ticaret Limited Şirketi ("Lessor")
- "Passport Number/Idenitity Number" "Name of the Person Who Made the Reservation" ("Tenant") residing at "Address" with the "Reservation Number" residing in "Villa Name", between the "Entry Date and Departure Date".
DEFINITIONS AND SUBJECT OF THE CONTRACT
1. The concepts, expressions and abbreviations to be used within the scope of this contract are concretized below in order to avoid any doubts.
2. In this direction; Contract: The lease contract approved via the internet contract and terminated in the presence of a written contract,
- Tenant: Real person or legal person who rented the relevant holiday residence during the lease period within the scope of the contract, as well as public institutions and organizations, associations and foundations that are legal persons,
- Lessor: Baransel Grup Emlak Turizm Otomotiv Insaat Taahhüt Ticaret Limited Şirketi that rented the holiday residence to be delivered,
- Vacation Rental: Villas or flats ready to rent through the website at www.baranselvillas.com
- Rental Period: The rental period selected by the tenant on the website and approved by the lessor
- Rental Cost: The rental price determined according to the relevant period prepared separately for each holiday residence on the site
- TBK: Turkish Code of Obligations No. 6098
- KVKK: Refers to the Law No. 6698 on the Protection of Personal Data.
3. In this context; Holiday residences by the lessor are displayed on the website at www.baranselvillas.com. This lease agreement has been established by the tenant choosing the appropriate dates for the holiday residence and depositing the down payment in accordance with the provisions below.
- In this context, the renting dates of the holiday residence and the relevant holiday residence by the tenant will be stated on the internet environment by the lessor on the website marked www.baranselvillas.com
- In this context, transportation and invoice information will be delivered to the lessor by the tenant, and pre-reservation will be made if the dates and the holiday residence to be rented are approved.
- In the announcement regarding each holiday residence located at the URL address www.baranselvillas.com; The characteristics of the house, its qualifications, features, availability and dates, its maintenance and usage features, and the issues regarding the renting of the house and the costs to be incurred by the tenant. In case of any dispute, the records on the website will be legally valid.
RESERVATION AND CANCELLATION OF RESERVATIONS
- Following the pre-reservation made by the tenant through the site with the URL address www.baranselvillas.com, the officials of the lessor and / or the authorities of the lessor will call the contact numbers notified by the tenant and obtain a reservation confirmation.
- After the pre-reservation is made, thirty five percent (35%) of the total rental fee will be paid to the bank account by an international bank transfer, money order and/or with credit/debit card on the relevant payment page of the rental screen, within the period specified in the announcement. Following the pre-reservation, if the prepayment determined in this article is not made within the time limit, the reservation will be deemed to be cancelled and this contract will automatically become invalid.
- If this prepayment is received, a confirmation of the reservation is sent to the electronic address (fax, e-mail) of the tenant within twenty-four (24) hours at the latest, within this scope, the total fee, deposit amount and rented dates will be specified in the reservation confirmation.
- The total rental price excluding the prepayment within the scope of the article; 3.2 will be paid to the lessor 10 weeks before the rental period of the holiday home begins. If this amount is not paid in full, the delivery of the holiday residence will not be made to the tenant. In addition to the tenant, the entire rental fee will be reflected, and all material and moral damages incurred by the lessor due to the failure to pay by the tenant will be requested from the tenant.
- If the rental fee is not paid and the reservation is not cancelled within the period, the entire rental fee will be paid by the tenant.
- In case of late delivery of the holiday home by the tenant; due to current tenant; material and moral compensation will be requested by the tenant for the next reservation.
DELIVERY OF THE HOLIDAY RESIDENCE
- If the tenant pays in full the rental fee, the holiday residence will be made to the tenant on the date specified in the reservation and reservation confirmation. In case of conflict of two dates, the date on the booking confirmation will be valid.
- The relevant holiday home will be delivered to the tenant in a complete, robust and well-maintained condition. At the time of delivery, a short-term lease contract will be signed with the tenant and a fixture count and report will be made for any damage to the movable and immovable property in the holiday residence.
- In order to compensate for the damage to the holiday residence, the deposit fee on the reservation page of the relevant holiday residence or deemed appropriate by the lessor will be collected from the tenant. At the time of return of the holiday home, if it is understood that no damage has occurred, the deposit will be refunded in full. In the event of any damage and / or loss in the holiday home and if the costs incurred exceed the deposit, an additional invoice will be sent to the tenant and the collection of the payments and expenses will be requested.
- The delivery of the holiday residences will be made after 15:00 on the starting day of the rental agreement, and the delivery back to the lessor will be before 10:00 at the end of the relevant reservation.
- Weekly rental refers to 8 days and 7 nights, and in this context, check-in and check-out dates are specified in the reservation confirmation.
RIGHTS AND OBLIGATIONS OF THE TENANT
- All belongings and / or furniture delivered by the tenant to the holiday home can be used. The holiday home will be used by the tenant in a clean and attentive manner and no damage will be done to the holiday home. Dismantling of the attachments in the holiday home by the tenant, changing their location and attempting to make repairs other than authorized service will not be accepted and any damage to the holiday home caused by these reasons will be compensated by the tenant.
- It will not be used by the tenant for any purpose other than holiday residence.
- Any damage to the holiday home will be reported to the lessor without delay. The tenant is liable to indemnify the damage and / or loss caused by his own fault, mistake, intent and / or negligence. If the next reservation of the holiday residence cannot be made due to the repair, repair or reinstatement of the damage and / or loss caused by the tenant, and the subsequent reservations are cancelled; the tenant is obliged to pay the reservation fees.
- The tenant is obliged to accommodate in accordance with general ethics, laws, mandatory provisions and customary rules. In this context, if the breach of my obligation by the tenant constitutes a crime and / or misdemeanour, the criminal and / or administrative responsibility belongs entirely to the tenant.
- The tenant will be understanding to the neighbours around the villa and will avoid any behaviour, odour, noise and noise that may disturb the environment. In addition, any illegal items such as guns and drugs will not be kept in the villa, they will not accommodate the legally wanted people / fugitives in the villa, and any activity contrary to the law, custom and general morality will not be carried out in the holiday residence.
- The maximum number of people is specified in each vacation home descriptions. It should not exceed the number of guests specified and / or approved on the receipt / document during the rental period. Children and babies are included in the number of people staying at home. If the maximum number of people who can stay in the house is exceeded, we will ask for a large number of people to leave the house or a certain extra fee will be charged.
- Smoking and all tobacco products and non-smoking areas in the holiday residence are indicated on the relevant page of the holiday home. It is essential that smoking and smoking all tobacco products are prohibited in the holiday residence if any statement is included in the advertisement. In case of violation of this obligation, smoking areas will be determined on the delivery date and a fee will be collected from the tenant for repainting the smoking areas.
- It is forbidden to keep domestic and / or wild animals in the holiday residence, and the information on the announcement page will be considered valid if expressly permitted on the announcement page.
- In accordance with the law, the identity information of the tenant and all the people who will stay in the holiday residence will be obtained and notified to the Identity Notification System. It is free from the explanation that legal action may be taken against the person (s) who stay other than the persons entered in the database and it constitutes a crime by law; The tenant is liable to pay the judicial and administrative fines that may arise for those who stay without identification information in the contract due to incomplete, incorrect and / or false identity notification
- The tenant acknowledges, declares and undertakes that the information given in the reservation forms, site content, and the contracts to be signed is true, valid and up-to-date. In case of breach of this obligation, all material and moral damages incurred by the lessor will be compensated by the tenant.
- All personal and necessary precautions must be taken when using the vacation residence by the tenant. The tenant is responsible for damages caused by the tenant's own fault and not taking the precautions.
- Information about the location, structure and surroundings of the holiday home, security measures and measures to be taken are explained to the tenant in the announcement and at the time of delivery. In this context, the tenant is responsible for the safety of valuables, money and jewellery to be found in the holiday home.
- As the tenant buys the holiday home at the end of the rental period; it is obliged to deliver it in full, intact, complete and without loss. In the event of late delivery of the leased, the next reservation price and all material and moral damages incurred by the lessor will be compensated by the tenant.
- The tenant is also responsible for possible accidents, damages and other accompanying individuals that may occur due to his / her own fault during the vacation period.
- Any taxes, fees, taxes and VAT arising from the rental will be paid by the tenant.
RIGHTS AND RESPONSIBILITIES OF THE RENTER
The lessor is obliged to deliver the lessee to the tenant on time in accordance with the contract and its annexes.
- Holiday home; clean spare sheets, towels and pillows will be delivered to the tenant on the delivery date stated above. The holiday residence will be delivered to the tenant in full, intact and complete, as stated in the advertisement.
- The lessor has the right to request from the tenant that all financial, administrative and social obligations imposed by the lease contract are fulfilled in a timely and complete manner. The lessor also has the right to demand and follow the rights arising from this lease agreement and the legislation.
- Environmental cleaning tax, license and similar liabilities regarding the rented property will not belong to the tenant. This issue will be resolved between the lessor and the owner of the immovable, and no price will be reflected to the tenant in this regard.
- Electricity, water, natural gas and similar invoices regarding the leased will belong to the lessor. In this context, the immovable property has been delivered to the tenant as clean and furnished, and the cleaning fee of the holiday residence specified in the advertisement will be paid to the lessor, excluding the rental fee, when the rental contract is signed by the tenant. This fee will be paid by the tenant at the time of delivery of the holiday home.
- In the event of damage to any of the attached items by the tenant, the matter of the damage will be recorded by the lessor on the delivery date of the rented to the lessor. In the event that the delivery report rented by the tenant refrains from signature, it will be deemed that the loss or loss has arisen in the property, and the tenant irrevocably accepts, undertakes and declares to pay a penalty of 1.500 TL.
- The lessor can cancel the reservation before the beginning of the rental period, with reasonable justification. Or the lessor will be able to relocate the tenant to another holiday residence he sees fit. However, in this case, a holiday residence similar to the real estate chosen by the tenant on the website will be allocated by the lessor
- Baransel Group confirms the accuracy of the matters stated in the announcement. However, although the physical appearance and features of holiday residences are the same; a different naming is possible
TERMINATION OF THE CONTRACT AND BREACH OF THE AGREEMENT
- In the event that the down payment for the holiday residence rental fee is not paid by the tenant, this rental supply contract is deemed to have been automatically terminated. The parties irrevocably waived their right to litigate on this matter.
- The Lessor may terminate this contract with an electronic and / or written notification in the presence of force majeure. In this case, the prepayment made to the lessor will be made within 2 (two) months from the date when the force majeure disappears.
- Reservation cancellations to be made by the tenant will be made in writing and signed by e-mail and / or fax. Following the written cancellation notice, the reserved dates of the holiday residence will be announced again, and opened for sale for further tenants.
- The tenant can cancel the reservation within fifteen (15) days after the prepayment of 5 by making the reservation. In this case, if there is less than 1 month (including 1 month) between the reservation and the rental start date, the tenant is obliged to pay the entire reservation price.
- For cancellations made 2 months or more before the starting date of the reservation, forty percent (40%) of the prepayment will be deducted and the remaining amount will be paid to the tenant.
- However, within the scope of this article, if the cancelled immovable property can be rented to another person, the advance payment made may be refunded if deemed appropriate by the lessor. Again, in case of cancellation, provided that it is approved by the lessor; by suspending the reservation made by the tenant, it can be used at a different date.
- The phrase "Baransel Villas Special and / or this rental property is only available through Baransel Group" on the holiday residence means that the relevant holiday residence is rented only through the URL address www.baranselvillas.com and / or rental property accounts/websites managed by Baransel Group. Holiday residences that are not mentioned in this statement can be rented through the owner of the holiday residence and / or different agencies. For this reason, the online reservation calendar showing the occupancy status may not be up to date. In this case, the issue will be stated to the tenant in the reservation confirmation, different alternatives will be shown to the tenant and one of them will be requested to be selected. If no preference is made by the tenant, the contract and reservation will be cancelled.
- Violation of any of the above provisions by the tenant before the start date of the lease, within the lease term, at the end of the lease term means a breach of the contract. In this case, the tenant is obliged to pay the entire rental price and to compensate for all material and moral damages caused to the lessor.
- In case of breach of the lessor's obligations under the contract, the tenant will first request compensation from the lessor of the relevant obligation under the contract. Otherwise, the contract may be terminated by the tenant. In case of termination, the tenant cannot get back the rent of the time he / she stayed with the lessor.
- If the rental fee is not paid on time, the rediscount advance interest will be applied to the rental amount and the relevant amount will be collected from the tenant. If more than one reservation is made by the tenant and the rental fee is not paid on the payment date for the first reservation; the lessor can cancel subsequent reservations. In this case, the deposit fees collected will not be refunded.
- The tenant has rented the leased property on a daily and / or weekly basis, and the provisions of the TCO regarding housing and roofed workplace rents will not apply to this contract. The tenant can only use the leased property himself. In this context, the lease contract will not be transferred partially and / or fully by the tenant, nor will the leased be partially and / or fully sub-leased.
- Persons notified by the tenant on the website www.baranselvillas.com will remain in the leased property, and inviting or staying in the leased party will be a breach of the contract.
- The parties are obliged to comply with the rules of good faith and honesty within the term of the contract.
- In this contract; The presence of invalidity, non-binding, revocability, violation of the law or the order of the competent official authorities or inapplicability in some of the provisions, conditions and texts included in the annexes, relevant bills and documents does not affect the binding of other provisions and the contract and its annexes, documents and bills. Even if the lessor does not use his rights in this agreement, it does not affect his use of these rights at any time.
- This contract, its annexes, advertisement pages and all contracts to be signed between the parties will be accepted as a whole.
- In the event that it is agreed in writing again between the parties, this contract will be terminated together with its provisions.
- Force majeure, which prevents or delays the fulfilment of contractual responsibilities in whole or in part, which cannot be avoided or predicted and is not limited, are the matters listed below.
Force majeure; (Unforeseen situations that occur outside the will of the parties, such as fire, flood, landslide, epidemic diseases, state of war, state of emergency, widespread violence, laws, statutes, regulations, decisions of the authorities, sabotage),the contract may be suspended with a notice to be made in cases where leases cannot be made, leases are prohibited, barriers to entry to immovable, immovable property cannot be delivered, the rented one cannot be repaired or the repair takes a long time.
In the event that the force majeure continues for more than two (2) months and the expected benefit from the rental disappears, the tenant will be given the right to make a new reservation. In this case, the tenant can make a new reservation for the future periods or request the refund of the prepayment made by a written notification to the lessor. In the new reservation to be made, it is essential that the holiday residence is available and that it is not affected by force majeure and that it is approved by the lessor.
The prepayment made to the lessor will be made within two (2) months from the date that force majeure is eliminated.
- The address information given by the tenant on www.baranselvillas.com is accepted as the real, correct and valid notification address. The notifications to be made to these addresses are valid in accordance with Article 21 of the TA, and if the address changes, the new address must be notified to the lessor within 3 (three) days.
- If the contract is made for more than one real estate, all rights and obligations in this contract are valid for each real estate separately.
- An informative texts regarding personal data has been prepared and presented to information at www.baranselvilas.com. In this context, legal reasons for the personal data to be processed are specified in the website and contract annexes. If the legal reason for data processing is based on express consent, the data to be processed are determined according to express consent.
- Kaş Courts and Execution Offices are authorized to resolve disputes arising from the implementation and interpretation of this contract, its annexes and integral parts, and the failure to comply with the terms of the contract. Turkish law applies to the disputes in question.
- Any amendment or addition to the contract is subject to the written form to be signed between both parties. The tenant accepts, declares and undertakes that he will not demand or sue to adapt the contract to the current conditions in the future due to reasons such as economic crisis, inflation, devaluation, increase in exchange rates and parities after the signature date of the contract.
- This contract takes effect on the date it is electronically approved by the tenant.