Distance Sales Agreement
Parties:
SERVICE PROVIDER (RESTAURANT): Araka Turizm Organizasyon Danışmanlık Ticaret Ltd. Şti., Kapalı Bakkal Sokak No:8 Yeniköy Sarıyer / İstanbul (Hereinafter referred to as the “RESTAURANT.”)
CUSTOMER: Full Name, Address, Phone, Email (Hereinafter referred to as the “CUSTOMER.”)
This agreement establishes the terms and conditions under which the CUSTOMER makes a reservation for dining services provided by the RESTAURANT through its website. The agreement outlines the rights and obligations of both parties in compliance with Consumer Protection Law No. 4077 and the Regulation on the Implementation of Distance Contracts.
1. Subject of the Agreement
This contract governs the reservation of a dining service by the CUSTOMER through the RESTAURANT’s website, including reservation details, terms of cancellation, and associated fees. The CUSTOMER acknowledges and agrees to the following conditions upon completing a reservation.
2. Reservation and Payment Terms
- The CUSTOMER selects the preferred date, time, and party size for the reservation via the RESTAURANT’s online platform.
- A confirmation email will be sent upon successful reservation completion.
- Some reservations may require pre-payment or a deposit, which will be specified at the time of booking.
- The pre-payment made by the CUSTOMER will be deducted from the total bill at the time of dining.
- If the CUSTOMER does not provide full or partial payment when required, the RESTAURANT reserves the right to cancel the reservation.
3. Cancellation and Modification Policy
- The CUSTOMER may cancel or modify a reservation through the website or by contacting the RESTAURANT directly.
- Free cancellation or modification is available up to 2 days before the reservation time.
- Cancellations made within 2 days of the reservation time may be subject to a cancellation fee or forfeit of the deposit, depending on the RESTAURANT’s policy.
- The CUSTOMER is entitled to one modification of the reservation. Further modification requests may be subject to RESTAURANT approval.
- No-shows without prior cancellation may result in a charge to the CUSTOMER’s provided payment method.
4. Service Conditions
- The CUSTOMER agrees to arrive on time for the reservation. If delayed, the RESTAURANT reserves the right to release the table after 60 minutes if no notice is given.
- The CUSTOMER must comply with any dress code or restaurant policies communicated at the time of booking.
- The RESTAURANT reserves the right to refuse service to individuals who do not comply with its policies or are deemed unfit for entry (e.g., intoxication, inappropriate behavior).
- The RESTAURANT reserves the right to cancel any reservation at its discretion, including cases where the CUSTOMER is on a blacklist or otherwise deemed unsuitable. In such cases, a refund will be processed according to the refund policy.
5. Refund Policy
- Refunds for cancellations will be processed within 3 days from the request.
- The refund will be forwarded to the CUSTOMER’s bank, and the final processing time will be subject to the bank’s policies, which may take up to 7 business days. The RESTAURANT is not responsible for delays caused by the banking institution.
- If a deposit was paid, it will be refunded only if cancellation is made within the eligible period.
- Any disputes regarding charges must be communicated within 3 days of the charge appearing on the CUSTOMER’s payment method.
6. Force Majeure
In the event of unforeseen circumstances (natural disasters, public health emergencies, or other extraordinary events), the RESTAURANT may cancel reservations and issue full refunds or offer alternative booking dates. The CUSTOMER will be notified in such cases.
Similarly, the CUSTOMER may cancel a reservation due to their own force majeure reasons. In such cases, supporting documentation may be required for a full refund consideration.
7. Dispute Resolution
For disputes, Consumer Arbitration Committees (up to the monetary limit set by the Ministry of Industry and Trade) and Consumer Courts in the CUSTOMER’s or RESTAURANT’s location have jurisdiction.
8. Acceptance of Terms
By completing a reservation, the CUSTOMER agrees to all the terms stated in this agreement.