PRELIMINARY INFORMATION FORM

6.PAYMENT AND PERFORMANCE

6.1.Customer accepts, acknowledges and undertakes that he/she has read the preliminary information on the main characteristics of the Services and/or the Additional Services, the fees and payment method, that he/she has been informed thereof and have procured the necessary confirmation on the electronic platform of Kozy Holiday.

The geographical location of the accommodation is displayed on www.kozyholiday.com. Customer thus agrees and acknowledges that he/she will not raise an objection in respect of the location.

By confirming this Preliminary Information Form on the electronic platform, Customer accepts, acknowledges and undertakes that she/he has been apprised of the information pertaining to the address, the main characteristics of the services and/or additional services, the fees in consideration for these services and/or additional services, information relating to the payment method and performance fully and accurately prior to the effective date of this Distance Sales Contract.

6.2.Changes in Rental Dates or Cancellation of Rental

Customer may change the rental dates in accordance with the availability of the Customer may change the rental dates in accordance with the availability of the accommodation. It is not possible to change the rental dates within 30 days prior to the date on which Customer will start to use the accommodation.

Rental cancellations shall be made in writing or by e-mail. Upon your cancellation notice, the accommodation which was booked in your name shall be made available again for the duration of the cancelled rental period and listed.

• In cancellations made within 30 days or more, prior to the commencement of the stay at the accommodation, 50% of the payments made upfront will be returned to Customer, after deduction of the banking transaction expenses.
• If, a cancellation made within 30 days or more, prior to the commencement of the stay at the accommodation is proceeded within the first 48 hours starting from the moment when the booking is made, the total amount of the payments made upfront will be returned to Customer, after deduction of the banking transaction expenses.
• In cancellations made within less than 30 days prior to the commencement of the stay at the accommodation, the payments made upfront will not be returned to Customer.

However, if, after the rental cancellation, the subject accommodation is booked by another customer; the portion of the accommodation price as set out under Article 2, matching with the days for which the subsequent booking is made will be returned to Customer; after deduction of the banking transaction expenses.

In the event Customer does/do not initiate his/her/their stay at the accommodation, her/his/their payments will not be returned. So long as a written rental cancellation is not proceeded through e-mail by Customer, this rights and obligations of the parties under this Form and the Agreement continues to have effect and this Form and the Agreement shall not be deemed as rescinded or terminated. Even if Customer refrains from entering into or using the accommodation, without having proceeded with cancelling the rental in writing and through e-mail; Kozy Holiday keeps the accommodation available for Customer’s use for the duration of the rental and Customer’s obligation to pay the price as set out under this Form and the Agreement continues to be valid.

Kozy Holiday reserves its right to cancel the rental due to the occurrence of unforeseen events such as water or electricity shortage, earthquake and similar catastrophes. In such cases, we are liable to return all of the payment made upfront. However, our company will endeavor to offer alternative accommodations which meet the conditions of the accommodation subject to rental cancellation at Customer’s request thereof. Customer may accept one of the offered alternative accommodations, may rent the same accommodation for another available time period or request the return of the payment.

6.3.Fee arrangements

Rental fees are automatically calculated on the basis of rental period on www.kozyholiday.com. Kozy Holiday reserves its right to arrange different fees for different days, weeks and months.

6.4.Security deposit and transfer of key

In accordance with the amendment brought by the Law no. 7071 dated February 1, 2018; Article 2 of the Law on ID Disclosure no. 1774 requires “daily rental homes”’ operators to record ID information of Customers. Within this context, all guests staying at the accommodation shall disclose their ID information at the start of their stay at the accommodation.

Customer accepts and undertakes to pay an in-cash security deposit of TRY 5000. Customer accepts and acknowledges that Kozy Holiday will not perform the Services and/or Additional Services if the security deposit is not paid.

Kozy Holiday accepts and undertakes to return the security deposit received as collateral against damages to the Customer, upon necessary checks with the accommodation before Customer leaves, to the extent Kozy Holiday determines that there has not been any damage.

Customer accepts, acknowledges and undertakes that:

The right of Kozy Holiday to refrain from returning the security deposit for any damages under any name whatsoever, caused by faulty behaviors of Customer within the sense of the provisions relating to ‘fault’ under the Turkish Code of Obligations is reserved. If the damages exceed the amount covered by the security deposit, Kozy Holiday’s right to recourse to any legal actions is reserved.

6.5.Hours of check-in and check-out

Customer accepts and undertakes that the check-in time is 4pm and check-out time is 11am and that he/she will respect these schedules.

6.6.Accommodation capacity and equipment

Information relating to housing capacity of every accommodation is given fully and in detail on www.kozyholiday.com. Customer accepts, acknowledges and undertakes that she/he will not bring more guests than the number of guests notified by the Customer or the housing capacity; which are disclosed at the moment of the rental request; also, Customer accepts, acknowledges and undertakes that she/he will not receive any other guests from outside, during the rental period. Children older than 3 years shall be included in the number of guests and be taken account of in the consideration of the housing capacity. In the event Customer does not comply with the provision hereof, Customer acknowledges, accepts and undertakes to pay the full accommodation/rental fee for the individuals in excess of the housing capacity or for the individuals in excess of the number of guests disclosed by such Customer at the moment of his/her rental request.

In the event Customer wishes that certain individuals in excess of the housing capacity or more than the number of guests initially disclosed by Customer be allowed to enter the accommodation, Kozy Holiday reserves its right to cancel the rental or not allow the persons in excess of the housing capacity or more than the number of persons initially disclosed to enter the accommodation.

Insofar as:

- Kozy Holiday determines that individuals in excess of the housing capacity or more than the number of guests initially disclosed will use the accommodation, before it procures the accommodation keys or passcodes to Client; Kozy Holiday may refrain from doing so, from allowing Customer to enter the accommodation or enable Customer otherwise to use or control the accommodation.

- In the existence of an external gate within the control of Kozy Holiday, that is kept close and subject to access with keys, passcodes or a private security check that separates the very entrance of the accommodation from outside, Kozy Holiday may refrain from allowing individuals in excess of the housing capacity or more than the number of guests initially disclosed to enter through such external gate to the area in between the external gate and the entrance of the accommodation.

- Apart from Kozy Holiday’s above-mentioned rights, Kozy Holiday may always obstruct individuals in excess of the housing capacity or more than the number of guests initially disclosed from entering the accommodation or ensuring their evacuation from the accommodation by means of police forces.

- Kozy Holiday’s recourse to the measures mentioned under this article shall not injure its right to request a full amount of consideration or compensation for the stay of the individuals in excess or for the damages in excess of the harms actually caused.

6.7.Pets and smoking

Customer, accepts, acknowledges and undertakes that he/she will not bring any pets, such as dogs and cats, to “no pets allowed” accommodations. Customer acknowledges, accepts and undertakes that she/he will evacuate the accommodation and that he/she will have no outstanding receivables or any other claims form Kozy Holiday arising therefrom; in the event Customer does not comply with this provision.

In the event of any damage to the accommodation, its integral components or its appurtenances because of Customer’s failure, omission, negligence in Customer’s compliance with this provision, including his/her willful incompliance; the Customer accepts and undertakes that he/she will compensate any such damage. In any case, the provisions of Article 67 and Article 68, titled “Liability of keepers of animals” of the Turkish Code of Obligations shall apply.

In addition, Customer accepts, acknowledges and undertakes that she/he will not smoke in the closed areas of the accommodation.

6.8.Customer accepts, acknowledges and undertakes that he/she will confirm/approve/consent to this Preliminary Information Form in the electronic platform, e.g. on www.kozyholiday.com, and in case the fees in consideration for the scope of the Distance Sales Contract (“Contract”) and this Form between him/her and Kozy Holiday are not paid and/or if the payment is cancelled within the banking records, Kozy Holiday’s obligation for the performance of the Services or of the Additional Services defined in the Contract and this Form will terminate.

6.9.Customer accepts, acknowledges and undertakes that; if, after the performance of the Services/Additional Services has initiated, the fees in consideration for the Services/Additional Services subject to the Contract and this Form are not paid to Kozy Holiday by the relevant bank or financial institution due to the use of unauthorized third parties of the credit/bank/debit card of Customer (or whichever instrument Customer uses to make the payment); Customer will return the unrealized payments in consideration for Services/Additional Services within 3 days to Kozy Holiday.

6.10.Kozy Holiday accepts, acknowledges and undertakes that it will inform Customer of such situations, where it cannot perform the Services/Additional Services agreed upon under the Contract and this Form, within the term; due to events which are unforeseen and which take place against the parties’ wills; causing the delay in or obstructing the performance of parties’ duties.

6.11.Kozy Holiday has the right to contact Customer for communication, marketing, notification and other purposes through her/his address, e-mail address, landline or mobile phone numbers any by mail, e-mail, SMS, phone call and by other means through other contact information; that are filled-in by Customer in the registration/sign-up form for www.kozyholiday.com or updated subsequently by Customer. By adhering to this Form, Customer accepts and acknowledges that she/he consents to any reach out by Kozy Holiday to him/her.

6.12.In the event:

(i) Customer and credit card holder are not the same person; or

(ii) a security deficit/shortfall/gap has been detected in relation to the credit card used at the time of booking, before the performance of the Services or Additional Services,

Kozy Holiday may request from Customer:

(i) to provide identity and contact information of the credit card holder,

(ii) to provide account extract of the credit card pertaining to the preceding month, or

(iii) to present a written instrument from the bank of the credit card holder, attesting that the credit card is owned by such bank.

The rental will be suspended until Customer provides/presents the requested information/document/instrument and Kozy Holiday has the right to cancel the rental if the aforementioned requests are not addressed within 24 hours.

6.13.Customer acknowledges and undertakes that the personal and other information that he/she has given while signing-up to www.kozyholiday.com are accurate and that she/he will cover immediately, in-cash and in one installment any and all damages suffered by Kozy Holiday by reason of any inaccuracy in these information, upon the first request of Kozy Holiday.

6.14. Customer accepts and undertakes beforehand that he/she will comply with the applicable legislation and regulation while using www.kozyholiday.com. Failing so, all civil and criminal liabilities shall rest with Customer.

6.15.Customer shall not and cannot make use of www.kozyholiday.com resulting in any disruption in the public order or for any purposes:

• against general moral values,
• of disturbing or of harassing any third party,
• contrary to laws
• so as to violate any third person’s pecuniary/financial and non-pecuniary/non-financial/moral rights.

Besides, Customer cannot execute transactions or actions which hinder or obstruct others’ use of services (such as spams, viruses, etc.).

6.16.If Customer breaches one or several provisions under this Form and the Contract, she/he shall be personally liable of such breach and he/she shall keep Kozy Holiday harmless of any civil or criminal consequences in respect of such breaches. In addition, Kozy Holiday reserves its right to claim compensation for any incompliance with this Form and the Contract by Customer; because of such breach, if such breach were to be brought before jurisdictional authorities.

7.NO RIGHT OF WITHDRAWAL

Pursuant to Article 15/I-g of the Regulation on Distance Sales Contract promulgated in the Official Gazette of November 27, 2014 and numbered 29188, effective as of the date of confirmation of this Form and execution of the Contract, “Contracts governing accommodation, transportation, car rental, food-drink provision and entertainment or recreation pass-time experiences which are scheduled to a determined date” are excluded from the right of withdrawal of customers.

Customer accepts, acknowledges and undertakes to be apprised of this particular matter.

8.CHOICE OF JURISDICTION

8.1.In accordance with Article 68 of the Law on Consumers’ Protection, parties accept that the Consumer Arbitration Committees and Consumer Courts at the domicile of Customer or at the place where the consumer transaction has been realized shall be competent to resolve disputes arising from the implementation and interpretation of this Form and the Contract, subject to the pecuniary limits announced by the Ministry of Customs and Trade.

8.2.These pecuniary limits are announced with the Ministry of Customs and Trade Communiqué on Augmentation of the Pecuniary Limits in Article 68 of the Law no. 6502 on Consumers’ Protection and Article 6 of the Regulation on Consumers Arbitration Committees in the Official Gazette of December 31, 2017 and numbered 30287.

9. OUR BANK ACCOUNTS

SERVICE PROVIDER: KOZY HOLIDAY TURİZM TİCARET LİMİTED ŞİRKETİ

CUSTOMER:

DATE: 07/11/2024