Terms And Conditions

FGi Travel - Terms and Conditions

1. Parties and Definitions

The following terms in this Agreement mean the following meanings;

1. FGi Travel : First gate ithalat ihracat ve genel ticaret LTD,
2. Member:People who registered to the system via www.fgitravel.com website / connected mobile applications,
3. User: Persons who log into FGi Travel as a member or without being a member,
4. Otelz.com:All mobile applications and social media channels connected to Otelz, especially www.fgitravel.com, as managed by FGi Travel,
5. Property: The companies that offer their accommodation services for reservation through FGi Travel.com

2. Approval of the Agreement

Each User accepts and undertakes that he/she will comply with Terms of Membership and Use ("Agreement"), and these provisions will be deemed to have been approved and entered into force once the Users log in to FGi Travel.

3. Services

FGi Travel facilitates the facilities to announce their products and services over FGi Travel.com, mediates the users' reservation from the facilities, and provides other services. In this context, FGi Travel is a broker as per the Turkish Commercial Code and an Intermediary Service Provider as per Law on Regulation of Electronic Commerce. The reservation process and accommodation service contract is established between the User and the Facility.

4. FGi Travel Membership

1. Each User must enter their e-mail address and password to sign up for FGi Travel. The member will create his/her password using various characters and in sufficient length and try not to use this password on third-party applications.
2. It is the members' responsibility to determine, change, and protect the password, and FGi Travel is in no way liable from the issues or damages that may arise from these matters.
3. All the members' comments, thoughts, expressions, and personal information sent through FGiTravel.com regarding the facilities belong to the members. The Members agree that FGi Travel is not a party to the disputes with the Facility due to these comments, that FGi Travel is free to publish/not publish these views and thoughts, that, also, it is entitled to edit these views and comments through a moderator.
4. The Members accept and declare not to use a user name, photograph, and nickname that is threatening, immoral, racist, contrary to legislation/international covenants, that includes political messages, that violates the intellectual and industrial property rights of others, or that defames the names of people/institutions, and not to send messages or comments as such.
5. Members accept and declare not to sell or offer any goods or services on FGiTravel.com platforms without obtaining permission from FGi Travel and not to use FGiTravel.com services for advertising or other commercial purposes.

5. Rights and Obligations of Users

Users accept, declare, and undertake the following while using FGi Travel services;

1. That all information they transmitted to FGi Travel are accurate, that they are responsible for all damages that may occur because this information is wrong or missing and that their FGi Travel membership (if any) may be terminated in such cases;
2. That they are responsible for all kinds of transactions made on Otelz.com
3. That the Facility is directly responsible for any damages that may arise from the unauthorized use, sharing, or publication of the information the Users shared with FGi Travel;
4. That they will no abuse the services over Otelz.com, they will not exploit the system by unlawfully transmitting personal data of others to Otelz.com, and that they will not act in a way that violates or damages the rights of other users using this system;
5. That the members make the comments and scores given regarding the service quality and service level of the facilities, and FGi Travel does not have any responsibility or direction regarding them;
6. That they have read and understood the Z Vacation Rentals UK LTD Personal Data Protection and Processing Policy, Privacy Policy, and Cookie Policy and that they will comply with these policies;
7. That they will not process, copy, analyze and download the commercial and personal data and all other information on the website for purposes other than this Agreement;
8. That they are obligated to pay the accommodation fee notified to them under the conditions announced by the Facility on Otelz.com, that, otherwise, the room reserved may not be delivered to them;
9. That they will not go outside the use purpose stated herein, that, otherwise, FGi Travel may cease providing service to the User / may terminate the membership of the User;
10. That all reservations made over FGiTravel.com are for personal use, that these services are not purchased for being resold to third persons;
11. That the cancellation conditions may differ for each Facility on FGiTravel.com and therefore that they have carefully read and accepted the cancellation conditions announced by the Facility during the reservation;
12. That, from time to time, lower prices may be offered for a particular accommodation, product, or service as a campaign, that these prices given by the Facility may be subject to certain restrictions and conditions (such as no cancellation and refunds), and that the obligation to check the booking conditions of the relevant service before making a reservation belongs to the User;
13. Except for the type of accommodation purchased by the User, the price of the extra food, beverage, personal expenses, and all services purchased outside the program will be paid by the User to the Facility.

6. Rights and Obligations of FGi Travel

1. FGi Travel is an "Travel Agency" that provides booking service for the Facility and the User.
2. Users who make a reservation through FGiTravel.com (other than the fee to be paid to the Facility) will not be charged any fee for using the website or under any other name.
3. From the moment the User makes the reservation, FGi Travel transmits details of the reservation to the Facility and acts as an intermediary service provider between the User and the Facility by sending a confirmation e-mail to the User on behalf of the Facility.
4. FGi Travel publishes only the information entered by the facilities regarding the facilities and the facilities' opportunities. The relevant Facility is responsible for the users for the facilities' opportunities and the services' quality. For this reason, even though FGi Travel shows the expected care and effort regarding the authenticity of the information uploaded to FGiTravel.com by the Facilities, the Facility will be held responsible for incomplete/incorrect information regarding the services provided at the facilities, not FGi Travel.
5. The obligation to change and update the price and product specification information of the services offered for sale through FGiTravel.com belongs to the facilities.
6. In case of necessity regarding the reservation process, FGi Travel will reach the User through any communication tool. If they consent, the FGi Travel will notify users of new services or projects, promotions, and campaigns via e-mail, social media, or SMS channels.
7. FGi Travel will share the essential communication information and the credit card information that the Users share, with the Facility performing the payment and contacting the User.
8. FGi Travel declares that it will perform its activities per the requirements of Z Vacation Rentals UK LTD Personal Data Protection and Processing Policy, Privacy Policy, and Cookie Policy.
9. FGi Travel is not responsible for any problems between the User and the Facility or any damage.
10. The Facility controls the up-to-dateness of the quotas in the facilities, not FGi Travel. For this reason, the exhibition of the Facility and rooms on FGiTravel.com does not mean that FGi Travel undertakes that these facilities/rooms are available for reservation, and the entire responsibility regarding the up-to-dateness of the information regarding the Facility belongs to the Facility.
11. The determination, modification of and updating the prices, room features, sales, cancellation and reservation conditions, general features of the Facility, and other matters regarding the accommodation facilities offered for sale on FGiTravel.com are at the sole discretion of the Facility. If it is determined that there is an error in the information regarding the points mentioned above, FGi Travel will correct it and cancel the customer's reservation entirely according to the situation's requirements.
12. FGi Travel may temporarily suspend or stop the system's operation at any time, and users will not be able to make any requests from FGi Travel for this reason.
13. If the users violate this Agreement's provisions, FGi Travel reserves the right to make the necessary interventions, exclude users from the service, and terminate users' membership (if any).
14. FGi Travel is authorized to back up and delete some or all of the files, messages, and information that members will keep in the environment of FGiTravel.com during their use of the services, per the law, and Z Vacation Rentals UK LTD Personal Data Protection and Processing Policy and periodically. FGi Travel will not be held responsible for the backup and deletion processes made per the law.
15. FGi Travel will request membership, open additional services for those that do not require membership, may change some services wholly/partially, or charge fees from them.
16. The burden of checking whether the Facility provides accommodation service does not belong to FGi Travel, and it is the responsibility of the User to make the necessary inquiries and researches in this regard. In the event of any complaint regarding this issue, FGi Travel will immediately examine the claim in question and take the necessary measures, including removing the Facilities from the FGiTravel.com system and filing a criminal complaint about the Facility.

7. Payment

1. The collection of the payment to be made for the reservation belongs directly to the Facility, and there is no transaction between the User and FGi Travel. In case of an erroneous or excessive collection, users will be able to request a chargeback of the payment by contacting the credit card institution on time.
2. According to the facilities' options, users will make the payments for their reservation on the day of accommodation by making a transfer / EFT to the Facility's bank account or entering their credit card information into the system Otelz.com before staying. When it is necessary to enter the credit card information, FGi Travel does not check its accuracy and/or whether the limit is sufficient. If these conditions are not complied with, the Facility will implement the cancellation conditions announced on FGiTravel.com.
3. The credit card information entered into the FGiTravel.com system is stored on a server with all security certificates, and the Facility can access the credit card information only through panels where all kinds of log records are kept.
4. If the credit card information (such as incorrect information, insufficient balance) does not provide the necessary conditions for the reservation, the Facility will notify the User, and the User must provide an alternative payment method to the Facility within 24 hours following this notification. If the User fails or cannot do so, the Facility will have the right to cancel the reservation.
5. The Facility will ensure the security of credit card information available to it for accessing by complying with the requirements and criteria explained in the Payment Card Industry (PCI) Data Security Standard.
6. The Facility is responsible to the User and FGi Travel for any claims arising from the credit card information's failure to be secured by the Facility. In this context, the Facility will also be responsible for the negligence or intent of its personnel. The User will not hold FGi Travel responsible or liable for any payment collection transaction made by the Facility (lawful or unlawful), and will not request a refund from FGi Travel.
7. In case the card information is entered by the User into the FGi Travel.com system, all liabilities regarding the receipt/invoice to be issued in return for a service fee will belong to the Facility.

8. Other Issues Regarding Reservation

a. Distant Sales Contract

The User accepts and declares that he/she is a party to the distant sales contract when he/she makes the reservation and that the provisions in this Agreement are part of the distant sales contract and the preliminary information form.

b. Changes in Reservation

Users will be able to make any changes they wish in the reservation within the time specified by the Facility on FGitravel.com. In this case, a separate charge will be made over the new price, and if there are any fees collected from the User, they will be deducted from the new reservation fees. The Facility has the right not to accept the notifications of changes made in time and violation of the change conditions announced on FGitravel.com and will request and collect all or part of the reservation fee from the User.

c. User's Reservation Cancellation

Users have the right to cancel the reservation within the terms and conditions specified by the Facility on FGitravel.com.That  are these :

1 – if the reservation for transfer (transportation service) users can cancel the reservation befor the last 24 hors from the date of the executing the transfer

2 – if the reservation is hotel booking users can cancel the reservation within first 24 hours from the booking date not from check in date.

d. Cancellation of Reservation by the Facility

If the User does not comply with the conditions required by the reservation made on FGitravel.com (such as not going to the Facility at the time of the reservation), the Facility will implement the cancellation terms announced on FGitravel. According to the current legislation, the Facility will collect the taxes payable in the event of a no-show or cancellation fee

The facility shall also;

• In case the reservation becomes wholly or partially impossible;
• In case the reservation request does not reach the accommodation facility;
• In case the facility/room selected by the User is not suitable for accommodation;

not charge the users and refund the fee it receives.

e. FGi Travel's Status in Disputes

FGi Travel accepts no responsibility for any disputes between the User and the Facility regarding these articles.

f. FGi Travel's Payment Responsibility

FGi Travel is responsible to solve any dispute that may arise between the Facility and the User in the reservations for which the reservation payment is received by FGi Travel.

9. Intellectual and Industrial Property

1. Users accept and declare that all intellectual and industrial rights on the services provided by FGi Travel and related software, brands, graphics, contents, and designs belong to FGi Travel, and they will not violate their rights of FGi Travel on these commodities (primarily reproduction, disclosure activities) in any way. In violation of this obligation, users cover all material and non-material damages that FGi Travel may incur
2. FGi Travel has all the intellectual rights of the data collected within FGiTravel.com. In this context, FGi Travel may issue reports with anonymized information (without disclosing the users' membership information), use such information or reports itself, or share these reports and/or statistics with business partners / third parties or free of charge.

10. Force Majeure

In case one of the parties is prevented from performing any obligation hereunder or fails to perform any such obligation due to unforeseeable events such as acts of God such as flood, earthquake, fire, causes such as riots, war, and government transactions shall constitute force majeure. Failure of the Party affected by force majeure to perform will be excused, and the relevant performance period will be extended for the duration of the delay or failure to perform due to this event.

11. Final Provisions

1. In all disputes that may arise related hereto, primarily the provisions herein, the Republic of Turkey's Laws shall apply in case of no provision. Istanbul Çağlayan (Central) Courts and Istanbul Çağlayan (Center) Enforcement Offices are exclusively authorized in any dispute that may arise during the implementation of the provisions of the Agreement.
2. The User accepts, declares, and undertakes that the commercial books and documents and computer records of FGi Travel constitute valid, binding, final and exclusive evidence within the CPL scope and that this article is an evidential contract.
3. The Parties accept and undertake that they have read the provisions herein, that they are aware of the scope and results of all kinds of articles, that they cannot claim that the Agreement contains the general terms of operation and fulfill the provisions of the Agreement exactly.
4. If any provision of this Agreement is unenforceable or becomes invalid under the law, the validity of the other provisions of the Agreement will not be affected.
5. FGi Travel may make changes in implementing this Agreement, change the existing articles, or add new articles to comply with the technical requirements and legislation that may arise in the future. The changes will become effective as of the day they are published