Distance Selling Contract – Api Group
PARTIES AND PURPOSE
This agreement is made between;
The renter of the “VILLA/APARTMENT” (hereinafter referred to as “CUSTOMER”) and
The landlord of the “VILLA/APARTMENT” (hereinafter referred to as “API GROUP”)
for the purpose of renting the “VILLA/APARTMENT” for a predetermined period with specified start and end dates. The customer and their companions who make a reservation for any of our “villas/apartments” advertised on the “www.apigroup.com.tr” website, either through our website, phone, or email, are deemed to have accepted the following conditions in advance. Any behavior contrary to any of the following conditions grants “API GROUP” the right to unilaterally cancel the reservation, request the customer to leave the villa/apartment, refuse to refund the deposit, rental fee, and demand the full amount of any unpaid rental fees.
RESERVATION AND PAYMENT
You can make a pre-reservation for our villas/apartments through the reservation form on our website, by phone, or by email. API GROUP will make your pre-rental transaction by determining your desired rental dates and obtaining the necessary contact and billing information from you. After the pre-rental is made, API GROUP will receive 35% of the total rental fee as a deposit payment. If the deposit is paid within 1 (one) business day after the pre-rental is made, the villa/apartment will be reserved and held in your name. The deposit amount you need to pay and our bank account numbers will be communicated to you separately via email, SMS, or phone. The deposit can be paid by wire transfer or EFT within 1 (one) business day. A written rental confirmation for the villa/apartment will be sent to you within 1 business day of receiving the deposit at the latest. The total fee, the deposit received, the dates the villa is rented in your name, and the date and time of your deposit payment are stated in the rental confirmation. In case the deposit is not paid, API GROUP reserves the right to cancel the pre-reservation without informing the customer and make another reservation for the villa/apartment. The remaining fee for the villa/apartment will be collected in cash upon signing the contract and after the villa/apartment/flat is inspected and handed over. API GROUP also receives a damage deposit of 500 TL/1000 TL in cash upon delivery of the villa/apartment due to the furnished nature of the rental, to cover any broken, damaged, lost, or missing items. The damage deposit will be refunded to the customer upon departure after the inventory check, provided there are no missing items. To prevent any inconvenience that may arise due to the above reasons, it is important to have these amounts ready in cash on the day of arrival at the villa/apartment.
CHECK-IN AND CHECK-OUT TIMES
The earliest check-in time for the villa/apartment/flat is 15:00 and the latest is 19:00 on the first day of the reservation. The customer cannot enter the villa/apartment outside the specified hours; if they arrive after the specified latest check-in time, they can enter the villa/apartment/flat the next morning at the start of API GROUP’s working hours (09:00). API GROUP is not responsible for any problems arising from the customer’s inability to enter the villa/apartment if they arrive before or after the specified time, including overnight accommodation, inability to find accommodation, etc. The customer must find their own place to stay overnight and pay for their accommodation. API GROUP cannot be held responsible for such situations. The check-out time from the villa/apartment at the end of the reservation is 10:00 AM at the latest for all our regions. The customer is solely responsible for any problems, damages, inconveniences, etc. arising from not vacating or late vacating the villa/apartment/flat at 10:00 AM and is obliged to compensate API GROUP for any financial losses that may arise from these negativities. We strongly remind you to plan your travel according to these times to avoid inconvenience for both parties. If you wish to check out early, you must inform API GROUP 24 hours in advance. If the customer checks out of the villa/apartment without the villa/apartment being checked due to yoğunluk, the damage deposit will be sent to a bank account to be notified by the customer, and the shipping costs will be deducted from the damage deposit. If the customer leaves the villa/apartment early at their own request, no refund will be made for the accommodation fee.
VILLA/APARTMENT CAPACITY
No guests are allowed in our villas/apartments exceeding the capacity stated on our website or the number of people specified when making the reservation (including children and babies). If the customer wishes to make a change in the number of people after the reservation is confirmed, they must apply to API GROUP in writing, and this change may be approved at the discretion of API GROUP depending on the capacity of the villa/apartment. API GROUP may request an additional fee from the customer. No guests are allowed in the villa/apartment other than those specified in the reservation list after check-in. If this is detected, API GROUP reserves the right to ask the guests to leave the villa/apartment, cancel the reservation entirely, or request the villa/apartment to be completely vacated before the end of the rental period, and demand the full fee and extra charges. The villa/apartment rental process is carried out based on the customer’s declaration, and the customer accepts that the information they provide is accurate and complete and accepts all responsibilities that may arise in this regard.
VILLA/APARTMENT CLEANING/MAINTENANCE AND EXTRA EXPENSES
The daily, weekly, and monthly villa/apartment/flat rental prices include the entrance cleaning. Weekly cleaning and towel/linen changes are included in the prices for stays of 2 (two) weeks or more. Any other cleaning and towel/linen changes requested are subject to a fee. Pool and garden maintenance is carried out every morning in the early hours, and any technical problems experienced in the villa during the rental period will be resolved by the homeowner. Api Group is not responsible for this, but only assists in resolving the problem. The personnel in charge must enter the garden or the interior of the villa/apartment to carry out periodic maintenance of the pool, garden, and other fixtures of all villas/apartments. To ensure the smooth running of these services, the customer must allow the personnel in charge to enter the villa/apartment when necessary. Unless otherwise stated on the villa/apartment details page on our website, electricity, water, bottled gas, pool lighting, internet connection, and air conditioning usage are included in the prices. Pool lighting, air conditioning, and internet may not be available as standard in every villa/apartment, so you are advised to carefully read the features of the villa/apartment you are renting on our villa/apartment features page.
PETS/SMOKING
Unless otherwise stated, pets are not allowed in our villas/apartments. Smoking is not allowed in the enclosed areas of all our villas/apartments.
PRICES
The villa/apartment rental prices stated on our website are daily, weekly, and monthly. The deposit can be made by wire transfer or EFT to our bank accounts.
RESERVATION / PAYMENT / CANCELLATION TERMS AND REFUND CONDITIONS
The prepayment amount of the villa/apartment rental fee deposited into our account (by EFT, wire transfer, cash, or mail order) is fully refundable if the cancellation is made up to 30 days before your check-in date, as this payment is made to the villa/apartment owner as a prepayment. You are required to pay the remaining amount to us upon arrival at the villa/apartment.
The customer may cancel their trip before the start of the trip. The customer’s cancellation notice must be made to API GROUP in writing, and notices that are not made in writing are not acceptable.
In case of cancellation, API GROUP will charge the customer a certain percentage of the total cost of the services specified in the travel agreement to cover the measures and expenses taken regarding the trip. These amounts are determined as follows.
Cancellation conditions;
a) The deposit sent for the reservation is non-refundable.
b) If the cancellation is made up to 45 days before the start of the trip, the customer must pay 50% of the total trip price.
c) If the customer requests cancellation of the reservation between the 30th day before the start of the trip and the day of the start of the trip, the customer must pay 100% of the trip price.
If the customer pays the full amount of the villa/apartment fees to API GROUP at their own request (by EFT, wire transfer, cash, or credit card in a single installment), 35% (thirty-five percent) of the paid amount is non-refundable for cancellations made up to 30 days before the check-in date. The remaining 65% (sixty-five percent) will be refunded to the account number you provide. Shipping costs will also be deducted from this amount. This is because 35% (thirty-five percent) of this amount is paid to the villa/apartment owner as a prepayment.
If the reservation is canceled 30 days or less before the check-in date, or if you do not check in to the villa/apartment and there is no accommodation in the villa/apartment, the total travel fee you have paid will not be refunded to the customer.
Any financial loss, commission fee, etc. incurred by API GROUP due to the refund of payments made by credit card, which may be imposed by the Republic of Turkey, banks, or banks, will be deducted from the amount to be refunded to the customer.
If the villa/apartment reservation is canceled by API GROUP for any reason, the customer will be informed as soon as possible. If there is an available, equivalent villa/apartment in our portfolio on the same dates, it will be offered to the customer. If the customer does not approve and the situation does not fall under the “force majeure” clause, the received money will be refunded to the customer.
If the customer fails to make the remaining payment on time, API GROUP reserves the right to cancel the reservation, not to refund the previously paid fee, and to make another reservation for this villa/apartment.
Reservation cancellations can be made in writing (by email or registered mail with return receipt). Reservation cancellations made verbally over the phone are not valid. Reservation cancellations are valid from the moment the writing reaches API GROUP.
API GROUP cannot be held responsible for the villa/apartment not being used, including cases where the contract is terminated due to a reason caused by the customer’s fault or without written notification in accordance with the procedure, provided that this agreement is valid from the reservation confirmation with the express declaration of the parties. The entire amount shown in the contract becomes due on the agreed delivery date of the villa/apartment, and API GROUP reserves all legal rights in this regard.
DAMAGE DEPOSIT
A damage deposit will be collected from the customer in varying amounts depending on the characteristics of each villa/apartment. This deposit amount will be stated in writing in the confirmation document sent to the customer during the reservation process. The damage deposit will be collected from the customer in cash on the day of arrival at the villa/apartment and will be refunded in cash if there is no damage, deficiency, etc. to the villa/apartment and its fixtures upon inspection before the customer leaves the villa/apartment. If the customer wishes to leave the villa/apartment at an earlier time than stated in the contract or if the villa/apartment cannot be checked upon departure due to yoğunluk, the deposit will be sent to an account number to be received from the customer. If the damage to the villa/apartment exceeds the deposit amount, the customer will be asked to pay for this damage; otherwise, legal action will be taken.
SWIMMING POOLS
The temperatures of the swimming pools of our villas/apartments vary depending on the weather conditions and seasonal temperatures; API GROUP is not responsible for the customer’s inability to use the pool due to the pool being cold. The customer renting the villa/apartment can check the website of the General Directorate of Meteorology or call the General Directorate of Meteorology to get information about the weather conditions on the date they will rent the villa/apartment.
OUR RESPONSIBILITIES AND GUARANTEE
API GROUP is responsible for delivering the villa/apartment to the customer clean and ready for use at the specified date and time. Upon entering the villa/apartment, if there are any broken or malfunctioning items or deficiencies, the customer must immediately notify API GROUP and request that these deficiencies be rectified. API GROUP will report this request to the villa/apartment owner or the relevant company and ensure that this deficiency is rectified within 48 hours at the latest. API GROUP is not responsible for rectifying the deficiency but assists in rectifying it. API GROUP cannot be held responsible for deficiencies that are not reported on time. API GROUP acts as an intermediary between the villa/apartment owner and the customer, and therefore the villa/apartment owner is responsible for rectifying any deficiencies that may occur in the villa/apartment. Apart from this, API GROUP cannot be held responsible for any accidents, illnesses, injuries, drowning in the pool, death, etc. that may occur in the villa/apartment and that are the responsibility of the customers, as well as for any fire, theft, etc. Apart from this, API GROUP will not be liable for any problems arising from any services such as tours, shopping, food, drinks, entertainment, transportation, travel, guidance services, etc. that customers may receive from third parties/companies during their vacation, their arrival at the villa/apartment, or their return. After leaving the villa/apartment, the customer cannot claim any rights or refunds for any service they did not receive due to a deficiency or malfunction that they did not report to API GROUP during their stay in the villa/apartment.
INVOICE – TAX
None of the villas or apartments published on the API GROUP website belong to API GROUP. The owners of each villa/apartment are different people, individuals, or companies. API GROUP is an intermediary (agent) for renting the villas/apartments of individuals, companies, and people to customers; therefore, API GROUP only issues an intermediary (agency) invoice. In other words, API GROUP earns a certain intermediary (agency) profit from the fee paid by the customer and issues an invoice for this profit. Since the remaining profit belongs to the villa/apartment owner, API GROUP does not issue an invoice for the rest. The villa/apartment owner pays their taxes to the state at the end of the year under the name of rental income tax return. API GROUP is only obliged to issue an invoice for the profit it earns; it does not issue an invoice for the profit earned by third parties, institutions, individuals, or companies and is not responsible for this.
CUSTOMER RESPONSIBILITIES
Customers are obliged to use the villa/apartment, pool, garden furniture, all electrical and electronic appliances, and other furniture delivered to them in working and sound condition in a clean manner. Customers must leave all kitchen utensils delivered to them clean in the same way. In cases where the villa is left dirty beyond reasonable measures, API GROUP will deduct a cleaning fee from the damage deposit.
In the event of any damage to the villa/apartment, customers are obliged to inform API GROUP. The cost of any damage caused by the customers during their stay and any lost items will be deducted from the damage deposit if a damage deposit has been taken; in cases where the damage exceeds the damage deposit, the customer will be asked to pay in cash.
In addition, the customer and their companions must comply with social and moral rules, avoid making noise that will disturb the environment, avoid playing loud music, and avoid any behavior prohibited by the laws of our country and constituting a crime. In the event of a complaint to API GROUP about the customer and their companions for such reasons, API GROUP has the right to ask the customer to vacate the villa/apartment before the end of the reservation period.
API GROUP does not guarantee invisibility in villas defined as conservative (villas whose pools are not visible from the outside) on the website, unless the phrase “completely protected” is used. Customers are responsible for ensuring their own privacy and security measures against invisibility, theft, and other criminal elements. API GROUP does not accept responsibility for such problems. API GROUP cannot be held responsible for such problems.
FORCE MAJEURE
In cases falling within the scope of force majeure, API GROUP may unilaterally terminate this agreement without incurring any legal liability. War, threat of war, insurrection, strikes, natural disasters, fires, terrorist activities, epidemics, technical problems that may occur in transportation, infrastructure works carried out by municipalities or public institutions that API GROUP cannot prevent, bans imposed by state officials in the region, and all events that are unforeseeable and develop beyond our control will be considered within the scope of force majeure.
COMPLAINTS
Customers will report their complaints during their stay in the villa/apartment to API GROUP. The complaint will be investigated by API GROUP officials, and necessary measures will be taken immediately. API GROUP will not be held responsible for any complaints that are not reported during the stay and are made after the accommodation is over and the villa/apartment is vacated.
SECURITY AND PRIVACY POLICY
API GROUP will not disclose personal information to any company or third party except as defined in this Privacy Policy and Terms of Use. API GROUP never sells the personal information of visitors, registered users, and partners to third parties. Personal information refers to any information that identifies the user, such as name, surname, address, phone number, and email address. API GROUP may use personal information within its own organization to determine user profiles and conduct statistical studies and may share it with third parties only for the purpose of conducting these studies. API GROUP undertakes to keep personal information strictly private and confidential, to consider this as a confidentiality obligation, to take necessary measures to ensure and maintain confidentiality, to prevent all or any part of the confidential information from entering the public domain or unauthorized use or disclosure to a third party, and to exercise due diligence. Despite API GROUP taking the necessary information security measures, API GROUP will not be liable for any damage to or acquisition of confidential information by third parties as a result of attacks on the “www.apigroup.com.tr” website and system. The www.apigroup.com.tr website may link to other websites. www.apigroup.com.tr does not bear any responsibility for the privacy practices and content of the sites accessed through links. www.apigroup.com.tr detects and uses the IP addresses of users when necessary. IP addresses can also be used to identify users in a general way and to gather comprehensive demographic information.
OTHER IMPORTANT INFORMATION
- API GROUP cannot be held responsible for situations that are beyond its control, such as poor road conditions leading to the villa/apartment, uphill roads, stabilized roads, wet ground, etc.
- API GROUP cannot be held responsible for any negativity that may occur during transportation to the villa/apartment, such as accidents.
- API GROUP cannot be held responsible if different materials used in the construction of some villas (cedarwood, pinewood, some plastic products, any plants in the garden or inside the villa, etc.) cause health problems for the customer.