1.PARTIES a-Seller
Name:
Ulus Turistik
Tesisler ve Yatırım Ticaret Anonim Şirketi (Sunset Grill&Bar)
Address: Kuruçeşme Mah. Yol Sk. No:2 Ulus Park, Ulus,
Beşiktaş/İstanbul
Central
Registration System (MERSIS) No:
0889036435200019
Phone/
Fax:
+90 (212) 287 03
57 - 58
E-mail:
info@sunsetgrillbar.com
b-Buyer:
As used herein, a Buyer hereunder means such person(s)
who request(s) for a reservation to receive service in Sunset Grill&Bar (hereinafter
referred to as “Restaurant”). Such personal data provided by the Buyer at the
time of request for reservation (booking) shall be taken as basis for the
Contract.
2.SUBJECT MATTER
This Contract is intended to set forth and govern the terms
and conditions applicable to the pre-payment (pre-authorization) to be
collected by the Seller from the Buyer’s credit card in connection with such
reservation to be made by the Buyer for receiving service in the Restaurant and
to define the respective rights and obligations of the Parties in accordance
with the Consumer Protection Code No 6502 and the Distance Contracts Regulation.
3.TERMS AND CONDITIONS 3.1.Where
the Buyer wishes to make a reservation via phone or e-mail, the Seller shall
collect a pre-authorization in a specific amount from the Buyer’s credit card
by using the virtual POS. For such purpose, the Buyer shall enter the credit card details to the virtual POS system
that appears in the link message sent by the Seller to the Buyer’s e-mail or
mobile phone. Pre-authorization amount may vary depending on the time of
booking and/ or the number of persons. The amount to be collected as a
pre-authorization shall be stated in the link to be sent.
3.2.
When
the Buyer arrives at the Restaurant on the booked day and time, the Seller
shall cancel the said pre-authorization transaction executed as described above
and the Buyer shall be only liable for the bill to be paid in the Restaurant.
3.3.
The Buyer declares that credit card details belong to
him/her; that he/she is over the age of 18 and for services that are regulated
subject to an age limit, he/she and any other person accompanying him/her are of
appropriate ages and have the necessary legal competence to receive such
services. The Seller reserves its right to cease/ cancel the reservation in
case it finds out that the information provided by the Buyer does not reflect
the reality. The Buyer shall be obliged to indemnify the Seller against all its
losses that the latter may sustain on account of the Buyer’s acts in breach of
this Article.
3.4.
The Buyer acknowledges and agrees that the reservation shall be completed upon the successful
collection of the pre-authorization amount. When the pre-authorization amount
is collected and the reservation is made, a confirmation message shall be sent
to the Buyer’s mobile phone.
3.5.
The Seller may adjust the reservation date and time in
a manner that they would suit the parties, or may cancel the reservation completely,
where circumstances may dictate it. Upon cancellation, the amount that is
collected as pre-authorization shall be refunded. Where reservation time is
changed or the reservation is cancelled, the Seller shall reach out to the
Buyer via his/her mobile phone to duly inform him/her. The Buyer may not assert
any claim against the Seller in this respect.
3.6.
The
Buyer agrees and represents that he/she gives his/her explicit consent that
information provided by him/her during the reservation may be processed and
transferred by the Seller under the Personal Data Protection Code and other
applicable legislation.
4.
RIGHT OF WITHDRAWAL 4.1.
The
Buyer may exercise his/her right of withdrawal and cancel the reservation within
14 (fourteen) days following the completion of the reservation application, and
at least 2 (two) hours prior to the reservation time.. In such a case,
pre-authorization collection shall be cancelled and the Buyer shall not pay any
penalty. In case a sum has been withdrawn from the Buyer’s credit card, this
amount shall be refunded to the same credit card within 14 (fourteen) days.
When the Buyer uses his/her right of withdrawal in line with this Article, the
Seller notifies the Buyer to confirm that the request for withdrawal is
received by it. The time for a chargeback to appear in a credit card account
shall be at the discretion of the relevant bank.
4.2.
Where
the Buyer does not use his/her right of withdrawal in line with Article 4.1 and
fails to appear in the Restaurant on the reserved date and time, the
pre-authorization amount drawn by the Seller shall convert into an
authorization amount and it shall be withdrawn and collected. Where the Buyer
appears by at least 30 (thirty) minutes late after the reservation time,
he/she shall be deemed not to have come at all and the Seller shall act
accordingly. The Buyer consents that payment shall be collected from his/her
credit card in such a case and he/she shall not be entitled to assert any right
or claim.
5.
NOTICES
The Buyer shall send all notices, including the notice
of withdrawal pursuant to Article 4, in writing by way of using the Seller’s
contact details above. The Seller shall send all notices related hereto to the
Buyer’s mobile phone.
6.
DISPUTE RESOLUTIONS
Where a dispute arises from the performance of this Contract, Consumer
Arbitration Panels shall have jurisdiction over disputes the value of which is
below the sum set and published annually in line with Article 68 of the
Consumer Protection Code no. 6502, and the Consumer Courts in the venue where
the Seller’s head office is located or where the Buyer resides shall have
jurisdiction over disputes with higher values.
2/13/2020 2:59:22 PM
Seller
Ulus
Turistik Tesisler ve Yatırım Ticaret Anonim Şirketi
Buyer
Guest
