Flat4Day User Agreement

This Flat4Day User Agreement (“Agreement”) has been executed by and between Onku LTD (“Flat4Day”) and a person who has become a member (“Member”) to flat4day.com in electronic medium upon realization of membership to flat4day.com through the Flat4Day membership systems (infrastructure of Flat4Day or Facebook, Twitter, Google+ or any other social network) pursuant to the Regulation on Distance Contracts. Annexes of the Agreement are considered to be integral parts of the Agreement.

 

Article 1 - Subject of the Agreement

 

This Agreement regulates the terms and conditions of the services which the Members will receive through “flat4day.com” portal. 

 

Article 2 - Execution of the Agreement

 

 

Article 3 - Definitions

 

“US Dollar” refers to the official currency of the United States of America. The foreign exchange selling rate of the Central Bank of Turkey will be taken as basis in determining the Turkish Lira (TL) equivalent of US Dollar within the scope of this Agreement and the date to be taken into consideration is the date on which the transaction which is taken as basis in the said calculation is realized;

“Euro” refers to the official currency of the European Union. The foreign exchange selling rate of the Central Bank of Turkey will be taken as basis in determining the Turkish Lira (TL) equivalent of Euro within the scope of this Agreement and the date to be taken into consideration is the date on which the transaction which is taken as basis in the said calculation is realized;

“Business Day” refers to any day on which the banks are open in the Republic of Turkey;

“Flat4Day” refers to Onku LTD;

“Member” refers to any real or legal entity who has become a member to flat4day.com in electronic medium upon realization of membership to flat4day.com through the Flat4Day membership systems (infrastructure of Flat4Day or Facebook, Twitter, Google+ or any other social network) and execution of the Contract pursuant to the Regulation on Distance Contracts;

“flat4day.com” Refers to the online Portal (also containing the domain name) through which the Members make use of the Flat4Day Services. Flat4Day may change this domain name or direct it to another domain name in the future. As a result of the said change or orientation, the new domain name will take the place of this definition. The Member gives his/her consent to this change and orientation in advance;

“Flat4Day Services” refers to the services enabling the Members to come together through “flat4day.com” in order to execute contracts for the use of property and providing the Members with such applications facilitating to fulfill the requirements of the agreements so executed after having determined the provsions thereof with their own free wills, and all the other services provided by Flat4Day in this Agreement;

“Notice Holder” refers to the Member who lists the Product complying with Flat4Day Product Listing Rules in flat4day.com and who makes the same available for use by the User;

“User” refers to the Member making use of Flat4Day Services for the purpose of using the Product listed in flat4day.com in accordance with Flat4Day Product Listing Rules;

“Flat4Day Product Listing Rules” refers to the rules included in Annex-3;

“Process Details” refers to the issues containing the headings included in Article 4 and submitted for the information and approval of the Member within the scope of every transaction;

“Daily Usage Fee” refers to the daily usage price of the Product designated by the Notice Holder;

“Weekly Usage Fee” refers to the weekly usage price of the Product designated by the Notice Holder;

“Monthly Usage Fee” refers to the monthly usage price of the Product designated by the Notice Holder;

“Net Usage Fee” refers to the total amount to be found after having added the Additional Guest Fee and Cleaning Fee to the sum total to be found when the daily, weekly or monthly usage fee is multiplied by the number of the days, weeks and months during which the Product is used;

“Total Usage Fee” refers to the sum total of the Net Usage Fee and the Service Fee to be received from the User;

“Service Fee” refers to the service fee which Flat4Day is entitled to receive within the scope of Utilization Process and which will be received from the User and Notice Holder in such rates as determined in Annex-2;

“Cleaning Fee” refers to the fee which is determined by the Notice Holder and which is applied for once only per Reservation;

“Additional Guest Fee” refers to the fee which is determined by the Notice Holder and which is applied in cases of guests more than a definite number of persons;

“Utilization Process” refers to any and all transactions starting with the listing transaction between the User and Notice Holder through Flat4Day Services and aiming execution of an agreement at the end through the subsequent other services. Flat4Day does not guarantee or undertake execution of an utilization agreement in any manner whatsoever;

“Notice” refers to the advertisement transaction put by the Notice Holder through flat4day.com for submission to the utilization process which is in the nature of offer complying with Flat4Day Product Listing Rules;  

“Terms of Cancellation” refers to the terms and conditions diversified by Flat4Day in the form of flexible, medium and strict and governing the cancellation of the Utilization Process (and utilization agreement);

“Public Authority” refers to all kinds of judicial or administrative authority, official, semi-official or autonomous authority, organization, commission and board;

“Reservation” refers to the transaction which is in the nature of offer and carried out by the User wishing to execute an utilization agreement for the Advertisement published in flat4day.com.;

“Reservation Approval” refers to the transaction which is in the nature of acceptance indicating that the Reservation is approved by the Notice Holder;

“Product” refers to the real estate and non-real estate products Announced in accordance with Flat4Day Product Listing Rules.

Article 3 - Membership

* Information provided optionally by the Notice Holder.
** Information provided optionally by the User.

For Legal Entities

  1. trade name;

  2. trade register number;

  3. telephone number;

  4. e-mail address;

  5. invoice address;

  6. the relevant tax office, taxpayer identification number for invoices;

  7. bank account information, IBAN to be used within the scope of Flat4Day Services*

  8. credit card information or other payment information to be used within the scope of Flat4Day Services**

* Information provided optionally by the Notice Holder.
** Information provided optionally by the User.

Flat4Day keeps the said information using the latest safe information storage systems available at the market and it may share the same only with the persons required to hold them within the scope of Utilization Services. Flat4Day is responsible for ensuring the use of this information in line with the aims of this Agreement and safe storage of them.  

Article 4 - Utilization Process and Operation Thereof

The progress of Utilization Process within the scope of Utilization Services is specified hereinbelow.

 

(a)  ADVERTISEMENT (NOTICE)

(b)  ADVERTISEMENT (NOTICE) SEARCHING AND RESERVATION

(c)  MANAGEMENT OF NOTICES

Any change in the Notice, the Reservation of which is made, will not be binding on the Reservation. If no approval is given for the Reservation, the Notice Holder may make a change refusing the relevant Reservation. If an approval is given for the Reservation, no change can be made regarding this Reservation.   In unavoidable circumstances, the Notice Holder may cancel the reservation process in the section titled “Reservations” on the Wall pages; however, in such a case, once the cancellation is realized, if the Notice Holder finds another place for the User, he/she should promptly inform this fact to flat4day.com.   

(d)  APPROVAL-REFUSAL PROCEDURES

ACCEPTANCE

REFUSAL

(e)  COMING TOGETHER

(f)  DEBRIEFING

(g)  PRODUCT CONTROL

IN CASE OF NO COMPLAINT

IN CASE OF COMPLAINT

(h)  TERMINATION OF UTILIZATION

IN CASE OF NO DAMAGE

IN CASE OF DAMAGE

(i)  ISSUING INVOICE

Article 5 - Conditions for Cancellation of Reservation

Conditions for Cancellation of Reservation are specified in Annex-1 to the Agreement.

Madde 6 - Rights and Obligations of Flat4Day and Members 

Suspension of the membership or removal from the membership will not affect the previously realized Utilization Processes or the rights and obligations arising from the Agreement until the date of withdrawal and the same will not have any effect on the provisions  (regarding compensations arising due to contradictions, final provisions, etc.) which should be in effect due to the nature thereof even if the Agreement has expired.

 Article 7 - Right of Withdrawal

Pursuant to the provisions of the Law No. 6502 on the Protection of the Consumers and the Regulation on Distant Contracts:

 Article 7 - Termination of the Agreement

The Member and Flat4Day may terminate this Agreement at any time they may wish, provided that the possibilities of termination included in this Agreement are reserved.  This termination will come into force as of the 2nd Business Day, at 24:00 hours following communication of the intention of termination by way of flat4day.com. Termination of this Agreement will be realized through flat4day.com and the same may be displayed on the page named “My Messages”.

The transaction of termination by the Member will be realized by following the procedures for termination through flat4day.comThe termination will not have any effect on the previously realized Utilization Processes and the rights and obligations arising from the Agreement, and the provisions  (regarding compensations arising due to contradictions, final provisions, etc.) which should be in effect due to the nature thereof even if the Agreement has expired.

An Utilization Process which has been initiated will be cancelled if the Reservation Approval is not received or otherwise, the said transaction of termination will come into force as of the 2nd Business Day, at 24:00 hours following the date on which the Utilization Process expires together will all consequences thereof.

Article 8 - Final Provisions

(a) Applicable Law: The Parties agree that the disputes arising from the implementation and interpretation of this Agreement will be settled in accordance with the laws of the Republic of Turkey.

(b) Competent Court:  The Central (Çağlayan) Courts and Enforcement Offices of Istanbul will have exclusive jurisdiction over the settlement of the disputes arising from this Agreement. Any and all complaints and objections related to this Agreement may be referred to the Arbitration Committee for Consumer Problems or the Consumer Court at the place where the domicile of the BUYER or SELLER is located according to the monetary limits determined in December of every year by the Ministry of Customs and Trade.

(c) Severability:  If any one of the immaterial provisions of the Agreement becomes invalid as a whole or in part and if it is understood that the remaining provisions of the Agreement are enforceable in the absence of this provision or any part thereof, this fact shall be valid only for the said provision or any part thereof and this will not affect the validity or enforceability of the other provisions of the Agreement.

(d) Language of the Agreement: This Agreement has been prepared and signed in Turkish. The English version of the Agreement has been prepared for information purposes only and in case of any discrepancy, the Turkish text will prevail.

(e) Integrity of the Agreement and Annexes Thereof and Amendments: Sözleşmenin ekleri bu Sözleşmenin ayrılmaz bir parçasını teşkil edecek olup birbirlerinden ayrı olarak yorumlanamaz. Annexes of the Agreement will constitute integral parts of this Agreement and they cannot be interpreted as separated from each other.

(f) Flat4Day Contact Information:

Onku LTD.

 
Telephone: +44 12 85610092

Fax: 0212 326 41 49

E-mail: support@flat4day.com


(g) Consumer Relations: Flat4Day will use reasonable efforts in order to settle the problems which may arise between the Member and Flat4Day within the scope of the good faith and honesty rules. However, the complaints and objections may be referred to Arbitration Committee for Consumer Problems or the Consumer Court in Istanbul where Flat4Day Services are received or at the place where the domicile of the Member is located.


Whereas, this Agreement is included in the exceptional cases where the right of withdrawal cannot be exercised pursuant to the provisions of the Regulation on Distant Contract; therefore, the Member is not entitled to exercise the right of withdrawal.


(h) Transactions Carried Out Through flat4day.com:  The transactions which are carried out through flat4day.com and which are of declaration of intention nature will be considered to be declarations of intention binding over the Parties pursuant to the Code of Obligations No. 6098, Consumer Legislation and other legislations in effect.



ANNEX-1

CONDITIONS FOR TERMINATION OF RESERVATION

The Terms of Cancellation are determined by the Party giving the Notice. Notice Holders allow the User to choose one of the 3 (three) alternatives of cancellation (Flexible, Medium and Strict Cancellation Policies). These alternatives of cancellation aim to protect both the User and the Notice Holder. In all notices published in the site, one of these alternatives of cancellation is determined by the Notice Holder.

Terms of Cancellation

(a) Flexible:  In this term of condition, all of the Net Usage Fee will be returned to the User. If the User is going to cancel within the scope of Flexible right of cancellation, he/she should inform the same at least one (1) day prior to the arrival at the place of accommodation;

(b) Medium: In this term of condition, all of the Net Usage Fee will be returned to the User. If the User is going to cancel within the scope of Medium right of cancellation, he/she should inform the same at least five (5) days prior to the arrival at the place of accommodation;

(c) Strict:  In this term of condition, 50% of the Net Usage Fee will be returned to the User. If the User is going to cancel within the scope of Strict right of cancellation, he/she should inform the same at least seven (7) days prior to the arrival at the place of accommodation;

(d) Super Strict:  In this term of condition, 50% of the Net Usage Fee will be returned to the User. If the User is going to cancel within the scope of Super Strict right of cancellation, he/she should inform the same at least thirty (30) days prior to the arrival at the place of accommodation;



ANNEX-2

RENTAL AMOUNT TO BE PAID AT THE MOMENT OF RESERVATION and SERVICE FEE

ANNEX-3

PRODUCT LISTING RULES

Members are responsible for controlling that the Products for which an advertisement is put on flat4day.com are in compliance with the laws, legislations and regulations of the Republic of Turkey, they do not break the public morality rules and the rights of other persons. The Products for which no advertisement can be made are specified hereinbelow. Members are obliged to follow-up the Product Listing Rules and to comply with these rules.  Any and all fines, losses and the costs thereof for which Flat4Day is held responsible due to the inappropriate advertisements  will be borne by the Notice Holder. (For example, any and all efforts and the costs thereof required for re-opening of the site due to a pornographic advertisements will be made and borne by the Notice Holder ). 

Advertisement and presentation for use of the following products are prohibited:

ANNEX-4

CONFIDENTIALITY POLICY



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