Distanced Sales Agreement

DISTANCE SALES AGREEMENT AND MEMBERSHIP TERMS

PARTIES AND PURPOSE

This agreement is made between the party renting the “VILLA/APARTMENT” (hereinafter referred to as the “CUSTOMER”) and the party renting out the “VILLA/APARTMENT” (hereinafter referred to as “JOURLAY”) for the purpose of renting the “VILLA/APARTMENT” for a pre-determined period with specified start and end dates. Customers who make a reservation for any of the villas/apartments listed on our website “www.jourlay.com” via the website, by phone, or via email, along with those accompanying them, are deemed to have accepted the following terms in advance. Any behavior contrary to these terms grants “JOURLAY” the right to unilaterally cancel the reservation, request that the customer vacate the villa/apartment, retain the deposit, down payment, or rental fees received, and claim any unpaid rental amounts in full.

RESERVATION AND PAYMENT

Pre-reservations for our villas/apartments can be made via the reservation form on our website, by phone, or via email. JOURLAY will complete the pre-reservation process by receiving your intended dates, transportation, and invoice information. After a pre-reservation is made, JOURLAY collects a deposit amounting to 20% to 35% of the total rental fee. If the deposit is paid within one (1) business day, the villa/apartment will be reserved in your name. The required deposit amount and our bank account details will be shared with you via email, SMS, or phone. The deposit can be paid via bank transfer or EFT within one (1) business day. Once the deposit is received, a written confirmation of the villa/apartment rental will be sent to you within a maximum of one business day. This confirmation will include the total fee, the deposit received, the dates the villa is reserved under your name, and the date/time the deposit was paid. If the deposit is not paid, JOURLAY reserves the right to cancel the pre-reservation without notice and accept other bookings for the villa/apartment. The remaining balance is to be paid in cash upon arrival, after inspection and delivery of the villa/apartment/unit. Additionally, since the property is delivered furnished, JOURLAY collects a damage deposit at check-in (in cash) to cover potential damages, breakages, or losses. This deposit will be refunded at check-out after inventory inspection, provided there is no loss or damage. To avoid any inconvenience, customers are reminded to bring the required deposit and balance amount in cash on the day of check-in.

VILLA/APARTMENT CHECK-IN AND CHECK-OUT TIMES

On the reservation start date, the earliest check-in time for the villa/apartment/unit is 16:00 (4:00 PM), and the latest is 19:00 (7:00 PM). Customers may not enter the villa/apartment outside of these hours. If the customer arrives after the latest check-in time, they can only access the villa/apartment/unit the next morning at the start of JOURLAY’s business hours (09:00 AM). JOURLAY is not responsible for any problems caused by the customer's inability to check in due to arriving earlier or later than the specified times, including issues such as finding overnight accommodation or costs associated with alternative lodging. The customer is responsible for finding and paying for any alternative accommodation for that night.

The check-out time at the end of the reservation period is 10:00 AM at the latest, regardless of location. If the customer fails to vacate the villa/apartment/unit by 10:00 AM or vacates late, the customer will be fully responsible for all resulting problems, damages, and inconveniences, and will be liable to cover any financial losses incurred by JOURLAY. To avoid issues for both parties, we strongly advise planning travel schedules accordingly.

In case of an early departure, JOURLAY must be informed at least 24 hours in advance. If due to workload a final inspection cannot be conducted before the customer’s early departure, the damage deposit will be transferred to a bank account provided by the customer, with transfer fees deducted from the deposit.

If the customer voluntarily decides to leave the villa/apartment early, no refunds will be issued for the remaining accommodation period.

VILLA/APARTMENT CAPACITY

Guests exceeding the capacity specified on our website for the villa/apartment or the number of guests declared at the time of reservation are strictly not permitted (this includes children and infants). If the customer wishes to change the number of guests after the reservation is finalized, they must make a written request to JOURLAY. This change may be approved at JOURLAY’s discretion, depending on the capacity of the villa/apartment. JOURLAY may request an additional fee for such changes.

After check-in, no guests other than those listed on the reservation form may be allowed into the villa/apartment. If such a situation is detected, JOURLAY reserves the right to request that the unauthorized guests vacate the property, cancel the reservation entirely, or request that the villa/apartment be vacated before the end of the rental period. JOURLAY also reserves the right to demand full payment and any additional fees.

Reservations are processed based on the information provided by the customer. The customer accepts full responsibility for the accuracy and completeness of the information they provide.

VILLA/APARTMENT CLEANING, MAINTENANCE, AND ADDITIONAL EXPENSES

Daily, weekly, or monthly villa/apartment/unit rental prices include the initial cleaning prior to check-in. If the stay is less than one week or more than 15 days, the cost of the initial cleaning is the responsibility of the customer. For stays of two (2) weeks or more, weekly cleaning and the replacement of towels, bed linens, etc. are included in the price. Any other cleaning requests or changes of towels/linens will be subject to an additional fee.

Pool and garden maintenance is carried out early every morning. In case of any technical issues in the villa during the rental period, the property owner is responsible for resolving them. JOURLAY is not responsible but will assist in coordinating the resolution. In order for routine maintenance (e.g., pool, garden, and fixtures) to be performed, authorized personnel may need to access the villa/apartment or its garden. The customer must allow access when necessary to ensure uninterrupted services.

Unless otherwise stated on the villa/apartment’s detail page on our website, the cost of electricity, water, bottled gas, pool lighting, internet access, and air conditioning is included in the rental price. Please note that not all of our villas/apartments have pool lighting, internet, or air conditioning as standard features. Therefore, we recommend carefully reading the property features listed on the villa/apartment detail page.

PETS AND SMOKING

Unless otherwise stated, pets are strictly not allowed in our villas/apartments.

Smoking is strictly prohibited in all indoor areas of our villas/apartments.

PRICES

The villa/apartment rental prices listed on our website are stated as daily, weekly, or monthly rates. The deposit can be paid to our bank accounts via wire transfer or EFT.

RESERVATION – PAYMENT – CANCELLATION TERMS AND REFUND CONDITIONS

From the moment the advance payment for the villa/apartment rental is made to our account (via EFT, wire transfer, cash, or mail order), cancellations made up to 30 days before the check-in date will not be refunded. This is because the full advance payment is transferred to the villa/apartment owner. The remaining balance must be paid to us at check-in.

Customers may cancel their trip before it begins. Cancellation requests must be submitted to JOURLAY in writing. Verbal notifications will not be accepted.

In the event of cancellation, JOURLAY will retain a certain percentage of the total booking fee to cover the costs and measures taken for the trip. These percentages are defined as follows:

Cancellation Conditions:

a) No refunds will be given for the deposit sent for the reservation.

b) If cancellation is made up to the 45th day before the start of the trip, the customer must pay 50% of the total booking amount.

c) If cancellation is made between the 30th day and the start of the trip, the customer must pay 100% of the booking amount.

If the customer pays the entire amount to JOURLAY (via EFT, wire transfer, cash, or one-time credit card payment) and then cancels up to 30 days before the check-in date, 35% of the total amount will be non-refundable. The remaining 65% will be refunded to the customer's designated bank account, with transfer fees deducted from the refund. The 35% portion is considered a non-refundable advance to the villa/apartment owner.

If the cancellation is made 30 days or fewer before check-in, or if the customer fails to check in, the entire amount paid is non-refundable.

Any charges or commission fees incurred by JOURLAY due to refunds on credit card payments imposed by banks or government regulations will be deducted from the refunded amount.

In the rare case that JOURLAY cancels a reservation, the customer will be informed as soon as possible. If there is another available and equivalent villa/apartment in our portfolio for the same dates, it will be offered to the customer. If the customer does not accept this and the reason does not fall under "force majeure," the paid amount will be refunded.

If the customer fails to make the remaining payment on time, JOURLAY reserves the right to cancel the reservation, retain any previously paid amounts, and accept other bookings for the property.

Cancellations must be made in writing via email or registered mail. Cancellations made by phone are not valid. The cancellation becomes effective once JOURLAY receives the written notice.

If the customer fails to notify JOURLAY in writing and the contract is terminated due to the customer’s fault, or if the customer does not use the villa/apartment after confirming the reservation, JOURLAY cannot be held responsible. In such cases, the full rental amount becomes due on the delivery date, and JOURLAY retains all legal rights to enforce payment.

DAMAGE DEPOSIT

Depending on the characteristics of the villa/apartment, a damage deposit of varying amounts will be collected from the customer. This deposit amount will be specified in the confirmation document sent to the customer during the reservation process. The damage deposit must be paid in cash on the day of check-in.

Before the customer departs from the villa/apartment, an inspection will be carried out. If there are no damages, losses, or missing items in the villa/apartment or its inventory (which was delivered in good condition), the deposit will be refunded in cash. If the customer wishes to check out earlier than the agreed time or if the final inspection cannot be conducted due to high occupancy, the deposit will be returned via bank transfer to an account provided by the customer. Any transfer costs will be deducted from the deposit.

If the damage caused during the stay exceeds the amount of the deposit, the customer will be required to pay the additional cost. Otherwise, legal proceedings will be initiated.

SWIMMING POOLS

The swimming pool temperatures of our villas/apartments may vary depending on weather conditions and seasonal temperatures. The customer renting the villa/apartment cannot hold JOURLAY responsible for not being able to use the pool due to cold water. The customer renting the villa/apartment may check the weather forecast for the rental date by visiting the General Directorate of Meteorology’s website or by calling them for information.

OUR RESPONSIBILITIES AND GUARANTEES

JOURLAY is responsible for delivering the villa/apartment clean and ready for use at the specified date and time. Upon entering the villa/apartment, if any item is broken or not working, the customer must immediately inform JOURLAY and request that the issue be resolved. JOURLAY will inform the villa/apartment owner or the relevant company and will ensure the issue is addressed within 48 hours. JOURLAY is not responsible for fixing the issue but will assist in resolving it. JOURLAY cannot be held responsible for issues not reported in a timely manner. JOURLAY acts as an intermediary between the customer and the villa/apartment owner, and therefore, the villa/apartment owner is responsible for resolving any issues that arise at the villa/apartment. Furthermore, JOURLAY cannot be held responsible for any accidents, illnesses, injuries, drownings, deaths, or incidents such as fire, theft, etc., that may occur at the villa/apartment or during the customer's holiday, including third-party services like tours, shopping, food, beverages, entertainment, transportation, travel, and guiding services, etc. If the customer did not report any issues or faults during their stay, they cannot claim any rights or request refunds after leaving the villa/apartment.

INVOICE – TAXES

No villa or apartment listed on JOURLAY’s website is owned by JOURLAY. The owners of each villa/apartment are different individuals or companies. JOURLAY acts as an intermediary (commission agent) for individuals, companies, and other entities who rent their villas/apartments to customers. Therefore, JOURLAY only issues an invoice for its brokerage (commission) fee. The fee paid by the customer includes a specific commission, which is invoiced by JOURLAY. The remaining profits belong to the villa/apartment owner, and no invoice is issued for this part. At the end of the year, the villa/apartment owner pays taxes under a rental income declaration to the government. JOURLAY is only obligated to issue an invoice for the commission it has earned and is not responsible for issuing invoices for the profits earned by third parties, institutions, individuals, or companies.

CUSTOMER RESPONSIBILITIES

Customers are responsible for using the villa/apartment, pool, garden furniture, and all electrical and electronic appliances provided in good condition in a clean and proper manner. Customers must leave all kitchenware in the same clean condition as it was handed over. If the villa is left excessively dirty, JOURLAY will charge a cleaning fee from the damage deposit.

In case of any damage to the villa/apartment, customers are obligated to inform JOURLAY. If any damage or loss occurs during their stay, the cost will be deducted from the damage deposit, if applicable. If the damage exceeds the deposit amount, the customer will be required to pay the difference in cash.

Additionally, the customer and their companions must adhere to social and moral rules, avoid making noise that disturbs the surroundings, refrain from playing loud music, and refrain from engaging in illegal or criminal activities according to national laws. If JOURLAY receives a complaint about the customer or their companions regarding these issues, JOURLAY reserves the right to ask the customer to vacate the villa/apartment before the end of the reservation.

Customers staying in villas identified as "conservative" (where the pool is not visible from the outside) are not guaranteed privacy unless stated as "100% protected." Customers are responsible for ensuring their privacy and security measures. JOURLAY cannot be held responsible for issues related to privacy, theft, or other criminal activities.

FORCE MAJEURE

In the event of force majeure, JOURLAY may unilaterally terminate this agreement without any legal liability. Circumstances such as war, threats of war, riots, strikes, natural disasters, fires, terrorist activities, epidemics, technical issues in transportation, infrastructure or construction works conducted by municipalities or public institutions, government-imposed restrictions, and any unforeseeable events beyond JOURLAY’s control will be considered as force majeure.

COMPLAINTS

Customers are required to report any complaints about their stay in the villa/apartment to JOURLAY during their stay. The complaint will be investigated by JOURLAY staff, and necessary actions will be taken immediately. JOURLAY cannot be held responsible for complaints made after the stay, once the customer has left the villa/apartment.

CONFIDENTIALITY AND SECURITY POLICY

JOURLAY will not disclose personal information to any company or third parties, except as defined in this Privacy Policy and Terms of Use. JOURLAY does not sell visitors', registered users', or partners' personal information to third parties. Personal information includes any information that can identify a user, such as name, address, phone number, and email address. JOURLAY may use personal information for user profile creation and statistical studies, and may share it with third parties for those purposes only. JOURLAY is committed to maintaining the confidentiality of personal information and will take all necessary precautions to prevent its disclosure or unauthorized use. However, JOURLAY will not be liable for any damages or third-party access to confidential information resulting from attacks on the “www.jourlay.com” site or system. JOURLAY may link to other websites, but it is not responsible for the privacy practices or content of those sites. JOURLAY may use IP addresses for general identification and demographic data collection.

OTHER IMPORTANT INFORMATION

JOURLAY cannot be held responsible for poor road conditions, inclines, unpaved roads, wet surfaces, etc., when traveling to the villa/apartment.

JOURLAY is not responsible for any accidents or negative events occurring during transportation to the villa/apartment.

JOURLAY cannot be held responsible for health issues caused by materials used in the construction of the villa, such as cedar wood, pine wood, certain plastic items, or plants inside or around the villa.

All of our villas/apartments require private transportation. The customer is responsible for their transportation to the villa/apartment. JOURLAY cannot be held responsible.

Customers may obtain taxis, transfers, or rental cars from third parties. JOURLAY is not responsible for any rental or transfer services or for any issues arising from them.

JOURLAY is not responsible for customer dissatisfaction due to the geographical location of the villa/apartment. JOURLAY has provided an approximate location of the villa/apartment on Google Maps.

JOURLAY is not responsible for any damage to private or rental vehicles during transportation to the villa/apartment.

If the customer's vehicle (motorcycle, car, etc.) is too low to the ground or has insufficient engine power, or if there are difficulties in using the vehicle, JOURLAY is not responsible for any negative events arising from the inability to reach the villa/apartment.

The "distance table" on the "www.jourlay.com" page is approximate. The customer agrees to consider possible discrepancies in the distances listed.

The "distance table" on the "www.jourlay.com" page shows the nearest airport. This may be Dalaman, Bodrum, or Antalya Airport. Customers should confirm which airport is closer to the villa/apartment. JOURLAY cannot be held responsible for issues arising from purchasing tickets for the wrong or distant airport.

The "distance table" on the "www.jourlay.com" page is based on the nearest restaurant, beach, settlement, public transportation route, and airport. JOURLAY is not responsible if any listed restaurant or market has closed.

JOURLAY is not responsible for accidents such as drowning or falling in the pool at the villa/apartment.

Most of our villas have a 160-liter solar-heated water tank. Customers are responsible for any issues resulting from excessive hot water consumption beyond reasonable use, which may result in a lack of hot water.

There are no food, beverages, or other grocery items in the villas/apartments. The customer is responsible for obtaining these products. JOURLAY cannot be held responsible for this.

15) JOURLAY cannot be held responsible for situations where there is no mobile phone signal, weak signal, or no internet access on the mobile phone at the villa/apartment or on the road. You can contact your GSM operator to get detailed information about the GSM signal situation in the area you are traveling to.

16) Even if you make payments via credit card, mail order, EFT, wire transfer, or similar methods, do not purchase airline tickets, bus tickets, etc., until you receive the “confirmation email” and “confirmation document.” Even if you make a payment to JOURLAY, you are not considered to have rented the villa/apartment unless you receive the confirmation email and confirmation document. JOURLAY cannot be held responsible for any material or moral damages arising from customers acting hastily in such situations.

17) JOURLAY cannot be held responsible for any accidents or incidents caused by the customer at the villa/apartment, including fire, electrical leakage, gas leakage, or resulting deaths and accidents, internet service interruptions from the provider (e.g., Türk Telekom), electrical outages from the electricity company, and water cuts from the water company.

18) The villa/apartment you see on our website is identical to the property described. Complaints such as the villa looking different from what is shown, appearing better on the site, being larger or smaller than expected, etc., will not be accepted, and JOURLAY cannot be held responsible.

19) JOURLAY cannot be held responsible for any adverse events arising from natural phenomena or weather conditions, whether positive or negative.

20) JOURLAY cannot be held responsible for any incidents involving bee stings, scorpion bites, insect bites, snake bites, or animal bites (e.g., from cats or dogs).

21) If a customer wishes to rent a conservative villa where the pool is not visible from the outside, they should check for indications such as “this villa is suitable for conservative families,” “the pool is not visible from the outside,” or “this villa is preferred by women in hijab” on the villa’s detail page. If such indications are not listed, the villa is not considered a conservative villa. JOURLAY is not responsible if a customer rents a villa without such markings. We recommend customers read all details carefully.

22) The customer is fully responsible for attracting ants, insects, or other animals to the villa/apartment’s pool area or terrace due to food or trash. JOURLAY cannot be held responsible for this.

23) JOURLAY cannot be held responsible for any illnesses arising from the water in the swimming pool or shower, including chlorine allergies or chemical sensitivities. We recommend that individuals with allergic reactions avoid using the pool.

24) There may be livestock (cattle, sheep, chickens, partridges, etc.) around the rented villa/apartment, and fertilizers may be used in the garden of the villa/apartment or neighboring properties. JOURLAY cannot be held responsible for disturbing animal noises or unpleasant smells caused by these activities.

25) In the case of a funeral, death, war, health issues (with documentation), accident, or any situation involving public officials, all rental conditions remain valid, and cancellation is not possible.

DISPUTE RESOLUTION

For any disputes arising from the terms of this agreement, the Courts and Enforcement Offices in Kaş are authorized.

Customers who make a reservation for any of our villas/apartments are deemed to have accepted all of the above terms. Any violation of these terms grants “Jourlay” the right to cancel reservations unilaterally, withhold refunds, and demand full payment.