Hürrem Sultan Hamamı

 

DISTANCE SALES AGREEMENT

1. PARTIES

a. SELLER / FACILITY

Company Name: Haseki Turizm Sağlık İnşaat Sanayi ve Dış Ticaret Limited Şirketi
(hereinafter referred to as the "Seller" or "Haseki Turizm")

Address: Cankurtaran Mahallesi, Ayasofya Meydanı No:2 Fatih, Istanbul, Türkiye

Telephone: +90 (212) 517 35 35

MERSIS No: 0458-0444-4030-0017

E-mail: info@hurremsultanhamami.com


b. BUYER

Name and Surname:

Address:

Telephone:

E-mail:

The Buyer, who requests to purchase the services selected through the Website, acknowledges and agrees that the e-mail address declared through the Website shall constitute the valid address for service of notices by the Seller. The Buyer further acknowledges that any notification sent to the declared e-mail address shall produce all legal consequences of a valid notification in accordance with the applicable legislation.

2. DEFINITIONS

For the purposes of this Agreement, the following terms shall have the meanings assigned to them below:

Buyer:
The natural or legal person who purchases the services offered for sale by the Seller/Service Provider through the Website and who is a party to this Agreement.

Massage / Treatment Service:
A type of service consisting of one or more sessions of massage, spa, facial treatment, body treatment and similar wellness services. Where more than one session is purchased, such services shall be referred to as a "Package" or "Packages."

Services:
Massage, spa, facial treatment, body treatment and similar services offered by the Seller/Service Provider through the Website either as individual sessions or as Massage/Treatment Packages, together with any additional services that may be offered by the Seller/Service Provider within the scope of its business activities in the future.

Website:
The websites operating under the domain names:

Law:
Law No. 6502 on the Protection of Consumers.

Code / Coupon:
The electronic code or coupon enabling the use of the purchased Service(s), or, upon the Buyer's request, the physical coupon delivered to the Buyer.

Validity Period:
The maximum period during which the purchased Service(s) may be used.

Location:
The facility selected by the Buyer where the purchased Service(s) shall be provided.

Seller / Service Provider:
HASEKİ TURİZM, whose details are specified in Article 1(a) of this Agreement.

Agreement:
This Distance Sales Agreement.

Regulation:
The Regulation on Distance Contracts published in the Official Gazette dated 27 November 2014 and numbered 29188.

3. SUBJECT MATTER OF THE AGREEMENT

The subject matter of this Agreement is the sale, through distance communication methods, of the Products and Services ordered electronically by the Buyer via the Seller's Website, the characteristics and sale price of which are specified on the Website and in the documents provided to the Buyer.

This Agreement sets forth the respective rights and obligations of the Parties in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts with respect to such sale.

The Buyer acknowledges and declares that, prior to placing the order, they have been informed in a clear, comprehensible and legally compliant manner regarding:

By placing the order through the Website, the Buyer confirms that they have reviewed, understood and accepted such information electronically and agree to be bound by the provisions of this Agreement.

4. TERM OF THE AGREEMENT

This Agreement shall enter into force on the date the Buyer places the order and shall remain in effect until the Parties have duly fulfilled all of their respective obligations hereunder. In any event, this Agreement shall automatically terminate upon the expiration of the Validity Period specified under Article 6.7.

For the avoidance of doubt, upon expiration of the applicable Validity Period specified in Article 6.7, the Seller shall have no further obligation to provide the purchased Service(s), and the Buyer shall not be entitled to assert any claim or demand against the Seller in relation thereto.

5. INFORMATION REGARDING THE SERVICES AND PURCHASE PRICE

5.1

The characteristics of the Services subject to this Agreement, including the location where the Services will be provided, the selected Service/Package, the reservation date and time, and the Service/Package Fee (total price inclusive of all applicable taxes), are specified during the purchase process on the Website and in the Preliminary Information Form provided to the Buyer.

5.2 

The Seller reserves the right to amend the prices and promotional campaigns displayed on the Website at its sole discretion. Any prices and promotional offers published on the Website shall remain valid until amended or withdrawn by the Seller.

6. GENERAL TERMS – PAYMENT AND PERFORMANCE

6.1

The Services shall be performed at the Seller's designated facility located at the Location selected by the Buyer.

6.2

The Services shall be provided on the reservation date and time selected by the Buyer through the Website. Where the Buyer purchases a Multi-Session Package, the first reservation date and time selected by the Buyer shall constitute the commencement of the Package The remaining sessions shall be scheduled upon the Buyer's reservation request, subject to the availability of the selected Location.

6.3

Where the Services are to be used by a person other than the Buyer, or jointly by the Buyer and a third party, the person receiving the Services must provide sufficient evidence of his or her entitlement to use the purchased Services.

6.4

The Services covered by this Agreement are reserved exclusively for one individual and for the specific reservation date and time selected by the Buyer. The Buyer acknowledges, represents and undertakes that he/she understands and accepts this condition and agrees to comply with the provisions set forth below.

6.5

The Buyer and/or any third-party beneficiary of the Services shall strictly comply with the reserved appointment date and time. The Buyer is required to arrive at the facility at least 15 (fifteen) minutes prior to the scheduled appointment. If, without the existence of force majeure, the Buyer or the person receiving the Services arrives late, the duration of the Service may be shortened accordingly. Furthermore, depending upon the reservation schedule and operational availability, the Seller reserves the right to cancel the reservation and refuse to provide the Service without any refund.

6.6

Should the Buyer or any beneficiary wish to change the reservation date and/or time, such request must be submitted to the Seller in writing by e-mail at least 24 (twenty-four) hours before the scheduled appointment. Failure to comply with this requirement, except in cases of force majeure, shall result in the Service being deemed fully performed on the scheduled reservation date and time, and the Parties shall be bound by the legal consequences thereof. Reservation dates may be postponed only subject to the Seller's operational availability. In any event, the Buyer shall remain bound by the Validity Periods specified in Article 6.7.

 

6.7 Validity Periods

For Single-Session Services, the validity period shall be limited to the reserved appointment date and time.

Where a reservation is postponed pursuant to Article 6.6, the maximum validity period shall be 30 (thirty) days from the original reservation date.

Upon expiration of the applicable validity period, the Seller shall have no further obligation to provide any unused Service or any unused portion of a Package.

No claim whatsoever, including any request for reimbursement, may be asserted in respect of Services not used within the applicable Validity Period.

6.8

For health and safety reasons, Services shall not be provided to guests who:

Where any of the above circumstances is identified, the Seller shall have no obligation to issue any refund.

6.9

Guests aged 15 years and above may receive both Turkish bath and massage services only when accompanied by an adult of the same gender.

Guests between the ages of 6 and 15 may use only the Turkish bath facilities under the supervision of an adult of the same gender and shall not be entitled to receive massage services.

Children under the age of 6 are strictly prohibited from entering the Turkish bath due to safety considerations.

Persons under the age of majority represent that they have obtained the consent of their parent(s) and/or legal guardian(s) both for purchasing the Services and for receiving the Services covered by this Agreement.

6.10

The Buyer and any beneficiary of the Services undertake not to leave valuables, jewelry, watches, cash or any other personal belongings in changing rooms, lockers or any other area within the facility.

Should any such items nevertheless be left in these areas, the sole responsibility for their safekeeping shall rest with the person leaving them.

The Seller shall bear no liability whatsoever for any loss, theft or damage relating to such belongings.

6. GENERAL TERMS – PAYMENT AND PERFORMANCE (Continued)

6.11

Should the Service/Package Fee not be paid by the Buyer, should the payment fail to be completed for any reason, should the payment be cancelled in the bank records, or should the transaction become subject to a chargeback prior to the performance of the Services, resulting in the Service/Package Fee not being received by or being reversed from the Seller, the Seller shall have no obligation to perform the Services.

6.12

Where, following the partial or full performance of the Services, the Service/Package Fee is not paid to the Seller or is subsequently reversed by the relevant bank or financial institution for the reasons specified in Article 6.11 or for any other reason whatsoever, the Seller reserves all rights available under applicable law to recover the value of the Services already rendered.

6.13

Where the Buyer has made an advance reservation (including a deposit) and fails to pay the outstanding balance by the specified due date, the Seller may cancel the reservation without prior notice. In such event, the Seller shall not be obliged to provide any refund and reserves the right to retain the advance payment in accordance with applicable law. Ensuring timely payment remains the sole responsibility of the Buyer.

6.14

The Buyer represents and warrants that he/she is the lawful holder of the credit card used for payment. If the Buyer is not the authorized cardholder, the Buyer shall be solely liable for any claims, disputes or demands made by the lawful cardholder.

6.15

If payment for the ordered Services cannot be collected because the Buyer fails to pay or because sufficient funds or credit are unavailable on the relevant payment card, the purchase transaction shall not be completed.

The Buyer acknowledges that the order shall be deemed accepted only when the relevant payment has been successfully collected by the Seller and that, unless such collection occurs, the Seller shall have no obligation whatsoever to perform the Services.

6.16

The Buyer may not assign or transfer any rights or obligations arising under this Agreement to any third party.

The Buyer shall ensure that the purchased Services are used either personally or by the designated beneficiary in accordance with the selected Service.

The Buyer further undertakes to inform any third-party beneficiary of all rights, obligations and conditions set forth in this Agreement, particularly those contained in Article 6 (General Terms – Payment and Performance), and shall ensure such beneficiary's compliance therewith.

The Seller shall not be liable for any failure by such third party to comply with these provisions.

6.17

The Seller shall not be liable for any failure or delay in performing its obligations where performance becomes impossible due to force majeure events, including but not limited to natural disasters, floods, fires, earthquakes, war, governmental decisions, actions of public authorities, or any other unforeseen event beyond the Seller's reasonable control that partially or completely interrupts the Seller's or the selected Location's operations.

Should the Seller be unable to provide the Services for such reasons, the Buyer shall be informed accordingly and any payments received for Services that cannot be provided shall be refunded within the statutory period.

6.18

The Seller shall not be responsible for any pricing inaccuracies, typographical errors or content inaccuracies arising from technical or system-related errors on the Website.

6.19

Provided that applicable law is not violated, the Seller reserves the right to amend the conditions governing the use of the Services by publishing such amendments on the Website.

The Buyer agrees to review the Website periodically and acknowledges that any amended conditions shall become binding as of their publication.

6.20

Where a Coupon or Code has been purchased and the Buyer requests physical delivery, the Seller shall deliver the relevant Coupon/Code to the Buyer or to the person or organization designated by the Buyer at the specified delivery address within the applicable legal time limits.

6.21

The Buyer represents and warrants that he/she satisfies all health conditions required for receiving the purchased Services.

The Seller shall bear no responsibility whatsoever for any health condition that prevents the Buyer or any beneficiary from receiving the Services.

7. RIGHT OF WITHDRAWAL AND EXCEPTIONS

7.1 Right of Withdrawal

Pursuant to Article 9 of the Regulation on Distance Contracts, the Consumer has the right to withdraw from this Agreement within fourteen (14) days without stating any reason and without incurring any penalty.

For service contracts, the withdrawal period begins on the date the Agreement is concluded.

For contracts relating to the sale of goods, the withdrawal period begins on the date on which the Consumer or a third party designated by the Consumer takes delivery of the goods.

7.2 Exceptions to the Right of Withdrawal

Pursuant to Article 15 of the Regulation on Distance Contracts, the Consumer may not exercise the right of withdrawal in relation to the following contracts:

a) Contracts concerning goods or services whose prices fluctuate depending on financial markets beyond the Seller's control.

b) Contracts concerning goods manufactured or customized according to the Consumer's specifications or clearly personalized to meet the Consumer's individual needs.

c) Contracts for the supply of goods liable to deteriorate rapidly or having a short shelf life.

d) Contracts concerning goods which, after delivery, have had their protective packaging, seals or similar security elements opened and which are unsuitable for return due to health or hygiene reasons.

e) Contracts concerning goods which, after delivery, have become inseparably mixed with other goods by their nature.

f) Contracts concerning books, digital content or computer consumables supplied in tangible form where the protective packaging has been opened after delivery.

g) Contracts for the delivery of newspapers, magazines or other periodicals, except those supplied under a subscription agreement.

h) Contracts relating to accommodation, transportation of goods, vehicle rental, catering services or leisure activities where the contract provides for a specific date or period of performance.

i) Contracts concerning services performed instantly in electronic form or intangible digital goods delivered immediately to the Consumer.

j) Contracts for services which have begun with the Consumer's prior express consent before expiry of the withdrawal period.

8. WEBSITE TERMS OF USE AND PROTECTION OF PERSONAL DATA

8.1

The Buyer acknowledges, represents and undertakes that he/she has read, understood and agrees to be bound by the Website Terms of Use published on the Website.

8.2

By entering into this Agreement, the Buyer expressly acknowledges and consents that all information provided through the Website during the purchase process, together with any personal data subsequently provided to the Seller in connection with the contractual relationship, may be processed by the Seller in its capacity as Data Controller, as well as by its affiliates, business partners, successors and duly authorized third parties, in accordance with the applicable personal data protection legislation.

Such processing may include, without limitation:

The Buyer further acknowledges that the Seller has duly informed the Buyer regarding the processing of personal data and the Buyer's statutory rights under the applicable legislation, and that the Buyer freely gives his/her explicit consent where such consent is required by law.

8.3

The Buyer represents and warrants that all necessary consents and authorizations have been obtained from any third-party beneficiary of the Services regarding the collection, storage, processing, transfer and disclosure of such person's personal data by the Seller for the purposes of performing the Services.

The Buyer further undertakes that all required privacy notices have been duly provided to such individuals in accordance with the applicable legislation.

9. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Türkiye.

Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Central Courts and Enforcement Offices of Istanbul, Türkiye, unless otherwise required by mandatory consumer protection legislation.

10. ENTRY INTO FORCE

This Agreement shall enter into force upon the Buyer's acceptance of its terms and the successful completion of payment for the order placed through the Website.

The Buyer acknowledges, represents and undertakes that, prior to placing the order, he/she has been fully informed by the Seller, in a clear, comprehensible and legally compliant manner, regarding:

The Buyer further acknowledges that such preliminary information was reviewed and confirmed electronically prior to placing the order, that the order was submitted only after such confirmation, and that by completing the purchase process the Buyer accepts all provisions of this Agreement without reservation.

The Preliminary Information Form published on the Website and the invoice issued in respect of the Buyer's order shall constitute integral and inseparable parts of this Agreement.

Date: