1. DEFINITIONS AND PARTIES
In these terms and conditions:
The “Company” is Falcon Tourism Co. Ltd (Gökçe Gemile) with registered offices at Hisarönü, Fethiye, Turkey – incorporated in accordance with the laws of the Republic of Turkey
“We” or “Us” refers to the Company
The “Client”refers to the person who has paid the deposit as the ‘Lead Booking Name’ and each person named in the booking as an accompanying guest
“You” refers to the Client
A binding contract is only entered into between the Company and the Client once the Company issues a booking confirmation invoice to the client after receiving the required deposit either from or expressly on behalf of the Lead Booking Name as stated under Payment and Confirmation. On paying the deposit, the Lead Booking Name certifies and confirms to the Company that they accept these terms and conditions on behalf of themselves and each of the persons named as an accompany guest.
3. PAYMENT AND CONFIRMATION
Bookings for the rental property will be confirmed upon the receipt of a 25% non-refundable accommodation deposit. A final non-refundable 75% payment is due no later than 12 weeks prior to the agreed date of arrival and we will remind you by email when this is due. Please remember to inform us if your contact details change. If the Client makes a reservation less than 3 months prior to the proposed date of arrival, such bookings will only be confirmed upon the receipt of a 100% non-refundable payment, which shall be paid as expeditiously as possible prior to the proposed date of arrival. It should be noted that in the event of any payment not being received on time or in the correct amount we reserve the right to revoke your reservation, regardless of any payment(s) already received. Which method you use to pay us for your booking will be contingent upon your location at the time of making your reservation. Fees will apply when paying by credit card, and these will vary according to the card used. The rates are published in UK Pound sterling. If you pay in a different currency, the official exchange rate will be used at the time of paying the deposit, and this rate will usually apply to future deposits.
4. CANCELLATION BY CLIENT
With any vacation there is always the possibility of having to cancel, and we strongly advise you to purchase comprehensive holiday insurance with full cancellation cover. To avoid any errors, it is essential that you send us any and all cancellations clearly and in writing. This can be done by fax, email or phone using the following contact details: by email at [email protected]or by phone at 00 90 252 616 64 36.We will then confirm the cancellation to you in writing and give you a cancellation number. If you request assistance for any travel insurance claims we can also provide the relevant correspondence showing that deposits have been forfeited. Sums that have already paid are non-refundable; however, Clients should be aware that they are responsible for any payments outstanding on the date the cancellation is received (apart from any service charge as yet unpaid). Clients should also be aware that they may be liable for any cancellation fees levied by our associates/third parties such as transfer operators. On receipt of this information we will inform you of any supplementary cancellation fees and you will reimburse us in respect of such fees forthwith, if requested.
5. CHANGES BY CLIENT TO DATE OR SPECIFICS OF THE BOOKING
The company has sole discretion to approve or reject any requests for changes to the either date or nature of a booking (for example, a change to the number of guests) as this will be dealt with by us on a case by case basis. All deposits and other payments are non-refundable. No cancellations or amendment will be accepted until we have confirmed it by email. Should you choose to leave Gökçe Gemile early for any reason other than those circumstances outlined in paragraph 9, no refund will be made to you and no alternative dates will be arranged.
6. CHANGES AND CANCELLATION BY THE COMPANY
6.1 The Company reserves the right to alter or cancel the whole or part of the booking. The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial.
6.2 If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Client, who shall accept such alternative arrangements.
6.3 If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements.
6.4 If no such alternative arrangements are offered in the circumstances referred to in paragraph 6.3 or the Client does not accept any of the alternative arrangements offered, then the Client may reject the booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking.
6.5 If the Client rejects the booking in the circumstances referred to in paragraph 6.3 all monies which have been paid by the Client to us at the date of cancellation will be repaid to the Client less the Company’s reasonable expenses in respect of the booking.
6.6 Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation. Any liability of the Company that may occur in the event of a cancellation shall be limited to a refund of monies as provided above. The Company is not liable for any cancellation that results from the Client’s default.
6.7 Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to cancel the service or the services it is contractually obligated to provide to the Client and require the Client to leave Gökçe Gemile without delay if the Company reasonably considers that the Client’s conductor behaviour at Gökçe Gemile has caused (or is likely to cause) loss, damage or harm to Gökçe Gemile or any part of it or its reputation or is (or is likely to be) objectionable or inconsiderate to other guests.In these circumstances the Company shall not be obliged to make any refund of monies to the Client. Furthermore, the Client shall indemnify and hold the Company harmless (for itself and on behalf of its employees, affiliates and agents) from and against any loss, damage or harm.
7. ONWARD SALE/TRANSFER OF YOUR BOOKING
Your booking at Gökçe Gemile must not be sold, awarded as a prize, or otherwise reassigned or transferred without the prior written consent of the Company. It is probable that any such permission shall include restrictions pertaining to how you may market and promote the booking.
8. LIABILITY OF THE COMPANY
8.1 We accept no liability for ensuring that the accommodation that you book with us is presented as described in the website, save where any part of your accommodation is not provided as described in the website due to the fault of our employees or agents and this has adversely affected your holiday arrangements. Subject to the paragraph 8.2 below, our liability in all cases shall be limited to a maximum of two times the aggregate sum paid by you to us for your accommodation with us.
8.2 Nothing in paragraph 8.1 shall exclude or restrict our liability for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, whilst acting within the scope of, or in the course of, their employment or engagement in the provision of your accommodation with us.
8.3 For the avoidance of doubt the Company will not be liable for loss or injury suffered by the Client which was outside or beyond the control of the Company (including, without limitation, any loss or injury caused by another service provider, airline, transfer company etc.).We advise Clients to obtain appropriate insurance to cover such loss or injury. The Company shall not be obliged to make any payments in those circumstances apart from where stipulated in the terms and conditions above.
9. FORCE MAJEURE
We act on official advice obtained from the government of the Republic of Turkey and the government of the country from which you are travelling. If flights are grounded due to war, terrorism or a specific weather event, or you are advised by your government that it is unsafe to travel, then we will use reasonable endeavours to assist you in the postponement of your stay with us to a future date. If it is not possible to rearrange your stay with us to a future date, we will repay to the Client all monies paid by the Client to us as at the date of cancellation less the Company’s reasonable expenses in respect of the booking. In the event of your being forced to leave Gökçe Gemile early due to a severe weather event,we will use reasonable endeavours to offer the best alternative dates equivalent to the number of days lost, at a future time. Please contact us if you have any concerns about travelling due to war, terrorism or severe weather.
10. DATA PROTECTION
Your details are held by the Company in accordance with the Data Protection Legislation of the Republic of Turkey. Without your consent as required by law we share none of your personal information with any third parties for marketing or any other purposes.We operate an automatic “opt in” policy which means that when you request information from us on one of our Villas or make an enquiry/reservation, you are added to our database and from time to time you may be contacted by us with relevant promotions, offers or information that we believe may be of interest to you. If at any time you wish us to stop contacting you then simply let us know by sending usan email at [email protected]
11. ENTIRE AGREEMENT/VARIATION AND WAIVER/SEVERANCE
These terms and conditions comprise the entire understanding and agreement between the Company and the Client in relation to their subject matter and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. The Company reserves the right to modifythese terms and conditions from time to time and will notify the Client of any changes as soon as reasonably possible using the email details provided by the Client at the time of the Client’s booking. The amended terms and conditions will apply to any Client’sbooking that commences after the date of such notification. No other variation, waiver or release of these terms and conditions shall be effective unless it is made by the Company and notified to the Client in accordance with this paragraph. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed as deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.
12. GOVERNING LAW AND JURISDICTION
This Terms and Conditions contract shall be administered and interpreted according to the laws of the Republic of Turkey and shall be subject to the exclusive jurisdiction of the courts of the Republic of Turkey, save that the Company shall be entitled to enforce the contract against the Client in the courts of any other country in which the Client is resident, domiciled or has a place of business.
- We kindly request guests to be respectful of and considerate at all times towards other guests staying at Gökçe Gemile. The Gökçe Gemile dress code requires guests to dress discreetly and considerately in the shared and communal areas of Gökçe Gemile, including the main beach, inclined lift and communal access ways and footpaths.
- We kindly request guests not to smoke inside their villas. While it is permissible to smoke in the villa gardens please use the ashtrays provided and dispose of the contents responsibly. Failure to comply with this request may result in a cleaning fee. Should the Villa not be in a fit state for subsequent guests due to damage by a lit cigarette, tobacco odour or smoke the Company reserves the right to charge the perpetrator a rental payment. When arriving at Gökçe Gemile by car any lit cigarettes should be disposed of considerately and responsibly using the vehicle’s ashtray and must not under any circumstances be thrown out of the window.
- Smoking in the inclined lift and the surrounding area is strictly prohibited at all times due to the risk of fire. Smoking in this area is against the law as in the event of any infringement there is the possibility of serious environmental consequences. The Company therefore reserves the right to enforce clause 6.7 of the terms and conditions with regard to the perpetrator.
- Please read the terms and conditions carefully. Payment of your first deposit constitutes agreement and understanding of our terms and conditions.
- Please carefully check the above details before paying your first deposit and immediately notify us of any errors.
- All amendments are to be notified in writing and are not confirmed until written notification confirming the changes has been received from the Company.
- Please note that all payments are non-refundable, excluding the 2.5% service charge.
- Any extras and unpaid sums must be settled directly with the Company onor before departure.
- Please note that new arrivals can take place after 16:00 and departure can be before 12:00. Early arrivals and late departures are at the discretion of the Gökçe Gemile management and may incur an additional cost.
- Due to the privacy concept of Gökçe Gemile, your booking with us may not be sold, given as an award, or a prize, or transferred to anyone else whomsoever without previously obtaining our written authorisation. For further information see clause 8 of the terms and conditions.
- We only allow filming and photography at Gökçe Gemile for private purposes. No professional filming or photography whatsoever can be made without previously obtaining our written approval.
- The use of personal drones at Gökçe Gemile is strictly prohibited.