LAST UPDATED ON 8 DECEMBER 2020
Explanation of terms used in these Booking Conditions
In these Booking Conditions, we shall use the following terms:
‘KGM’, ‘Company’, ‘we’, ‘us’ or ‘our’ means Karpaz Gate Marina Limited of
P.O. Box 12 – Yenierenkoy / Iskele
Kıbrıs – Mersin 10
e-mail: firstname.lastname@example.org, tel: +90 533 833 7878;
‘KGM Group’ means KGM, its ultimate parent company – Karpaz Bay Resort Ltd. and all companies where KGM owns from time to time at least 25% of those companies;
‘Booking(s)‘ means a Hotel booking;
‘Booking Conditions’ means these guest booking terms and conditions;
‘Failure’ has the meaning set out in Section B3 below;
‘Guest/you/your’ means guests who make Bookings and any party staying with them;
‘Lead Guest’ means the person who made the Booking with us and is the first named person on the Booking;
‘Locally Booked Excursion’ has the meaning set out in section 12;
‘Website’ means www.karpazbay.com or any other website owned or operated by KGM from time to time;
‘Unavoidable and Extraordinary Circumstances’ has the meaning set out in Section 8;
‘VAT’ means value added tax or equivalent sales tax.
Do these terms apply to my booking?
These guest booking conditions (‘the Booking Conditions’) apply to Bookings made directly with KGM or an agent appointed by KGM.
If you are making a booking with a tour operator and not KGM direct or via an agent appointed by KGM, these Booking Conditions will not apply to your booking. Instead, your booking will be subject to your trip organizer’s booking conditions (and, where applicable, their financial failure protection arrangements).
If you made your booking by telephone and had not seen these Booking Conditions when you made your booking and you are not happy to proceed with the booking now that you have seen them, please return all documentation to us or to your travel agent within 7 days of receiving these Booking Conditions. Your booking will be cancelled and your monies will be returned in full, provided you have not commenced your travel. This clause does not apply if your booking was made within 14 days of your stay.
From time to time KGM may make limited time or other special offers available which are also subject to the terms and conditions stated at the time of booking (“Special Offer Conditions”). In the event of any conflict between these Booking Conditions and the Special Offer Conditions, the Special Offer Conditions shall apply.
When you make a Booking, whether directly with us or through one of our authorized travel agents, you will be entering into a contract with us. The contract shall be formed only after you have made the payment due on Booking and we have issued our booking confirmation to you.
These Booking Conditions, bye-laws, international conventions, applicable laws regarding hotel and/or innkeepers’ liability (‘Local Hotelkeepers’ Laws’), the booking confirmation, and any other written information we brought to your attention (or where you made a Booking via a travel agent (‘Stay Organizer’), asked your Stay Organizer to bring to your attention) before we confirmed your Booking with you or your Stay Organizer and any other terms we may agree with you from time to time, form the basis of your contract for all Bookings made with us.
In the event of any inconsistency between these Booking Conditions, Local Hotelkeepers’ Laws and any applicable third party conditions and/or international conventions etc., these Booking Conditions shall prevail, to the extent permitted by law.
Please read these Booking Conditions carefully before Booking with us as (subject to any amendments which we may from time to time agree with you) they set out your and our respective rights and obligations. If there is anything within these Booking Conditions that you do not understand, then please contact us to discuss what this means for you. If you do not agree to these Booking Conditions you must not book with us.
By making a Booking, the Lead Guest hereby:
(a) represents that he/she has the authority to bind to the contract all persons named on his/her Booking;
(b) confirms that the details provided for all parties to the Booking are full and accurate;
(d) confirms he/she is 18 years of age or over and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.
The terms set out below apply to Hotel Bookings.
From time to time we may need to make a change, or very occasionally cancel, your Hotel Booking. We reserve the right to do so at any time. Most changes are minor changes, however, occasionally we have to notify Guests of a major change that we are constrained to make to the main characteristics of the Hotel Booking.
In the unlikely event that we have to make a major change and cancel your Hotel Booking, we will tell you as soon as reasonably possible. In such circumstances you will be offered a full refund but we shall have no further liability to you arising out of such cancellation or major change.
If the Lead Guest or anyone named on his/her Booking wishes to change any part of a confirmed Hotel Booking, they can do so via the Company’s web site, or by contacting the hotel at email@example.com and paying the applicable cancellation/amendment fee. Cancellation (and, where applicable, amendment) fees will vary from booking to booking. We will set out the cancellation fees which are relevant to your booking when you make your booking. We will advise you of any charge which is payable to enable us to amend your booking.
We cannot guarantee that the hotel will be able to accommodate your request, but it will try to do so.
Hotel Bookings are not transferable without our written consent. We will apply any monies you have already paid to us towards settling any cancellation charge(s) (and to the extent your payments exceed the sum due, we will refund the balance). No refunds will be given for no shows or unused services.
KGM Group and/or site operators and/ or managers and/or owners or any of their representatives are not responsible for the website’s server, whether it is clear of any viruses or other malware that may harm the personal computer of the buyer while the latter is visiting the website or booking services through the website or uses the website in any other way.
KGM Group is not responsible for any damages due to a delay or failure during the use of the website, including using the website for reservation purposes.
ADDITIONAL GENERAL HOTEL BOOKINGS CONDITIONS
These terms apply to all Bookings:
All Bookings are subject to availability at the time you make your Booking. We try hard to make sure that our advertisements are kept up to date, but we do not guarantee that any of the services we advertise will still be available at the time of Booking. We will inform you as soon as possible after placing a Booking if, for any reason, the services you have sought to book with us are not available.
We may change the advertised price of any service from time to time. We try hard to make sure that the advertised price is the most up-to-date price, but prices can change at short notice. We will confirm the actual price at the time of Booking.
We will normally verify prices at the time of Booking. If there is mistake, and the actual price is lower than that given at the time of Booking, we will only charge you the lower amount. If the price is higher, we will contact you for instructions or reject your Booking (at our sole discretion) and notify you of this so that you can decide what you would like to do.
You must check the current price and all other details relating to the services that you wish to book before your Booking is confirmed.
When you have chosen your Booking, you must make a request to us to book it, and pay the deposit and balance in the amounts and times confirmed to you at the time of Booking. The cost of your Booking does not include any extras chargeable services that you may use whilst at the hotel, unless confirmed at the time of Booking.
We are under no obligation to supply you with services which are incorrectly priced, even after we have issued our booking confirmation, if the error should reasonably have been apparent to you. In these circumstances, we may contact you for instructions or cancel your Booking and notify you so that you can decide what you would like to do.
If pre-payment is not required, then payment is due on check-out and will be made by credit card, debit card, cash (subject to local laws). On check-in, all reservations will require pre-authorization with a credit card to cover incidentals during your stay.
Hotel Bookings are not protected.
KGM hotel complies with the access requirements of local disability legislation. If you or any member of your party has any medical condition, reduced mobility or disability which may affect your trip, please provide us with full details before we confirm your Booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to appropriately accommodate the needs of the person(s) concerned, we will not confirm your Booking or if you did not give us full details at the time of Booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
In these Booking Conditions, where we refer to Unavoidable and Extraordinary Circumstances, it means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken. This may cover for example warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes, weather conditions which make it impossible to travel safely to the destination as agreed in the Booking and other events such as strikes or high/low water levels.
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by Unavoidable and Extraordinary Circumstances.
If anything is not to your satisfaction during your stay please immediately inform us via the details set out below:
Karpaz Gate Marina Limited
P.O. Box 12 – Yenierenkoy / Iskele
Kıbrıs – Mersin 10
within 28 days of the end of your stay, giving your Booking reference and all other relevant information.
Please also inform the hotel manager, who will also endeavor to resolve your problem. If you suffer any loss or damage to your luggage please inform us or the relevant supplier within 72 hours. It is important you advise us as well as the supplier so we can both help to put things right without delay. We believe it is better for everyone to resolve problems that arise during your stay promptly so that you can enjoy your stay.
Please note that a failure to advise of problems during your stay, as described above, deprives both us and the suppliers of the opportunity to investigate and rectify your complaint during your stay and this may affect your rights under this contract including reducing any compensation due, potentially to zero.
It is important that you have sufficient insurance in place to cover you (and your group) whilst you are away. It is a condition of your Booking that you have such suitable insurance cover in place. Please ensure that you have a valid travel insurance policy in place from the time of Booking, to cover you for the countries and activities you may be undertaking during your stay. You should contact us to discuss this if you do not already have insurance in place. Any liability which we may have to you, if at all, shall not be increased as a result of your choice to travel without adequate insurance cover.
It is important that all guests behave responsibly and with consideration for others during their stay with us and not to disrupt the enjoyment of other Guests. Accordingly, to the extent that we, or one of our suppliers, believe that your actions could or have caused disruption or annoyance, or a risk of safety, or damage to property, to us, our suppliers or other Guests, then we may cancel your Booking (or require you to leave the hotel or cease participating in the service in question) without further liability to you. In these circumstances, the provisions concerning changes and cancellation by us shall not apply.
Full payment for any such damage or losses must be paid directly to us or the applicable supplier prior to your ejection from the service in question. In the event that your behavior (or any articles carried by you) causes loss or damage to any person or property for which we are liable, you agree to compensate us for such loss and damage, together with any legal costs which we may incur in pursuing this claim against you. We cannot be held responsible for the actions or behavior of other Guests or individuals who have no connection with your Booking with us.
We have a strict policy against the use of our hotel for the commission of criminal offences (including but not limited to the taking of drugs, prostitution and/or human trafficking). We reserve the right to eject/refuse entry to any person and to alert the relevant authorities, if (acting reasonably) we suspect our hotels may be used for such a purpose.
It may be possible for you to book a local excursion during your hotel stay, such as a local tour, experience, concert, activity, sports or adventure experience (a ‘Locally Booked Excursion’). These will be bookable and payable by you locally. You will be entering into a contract directly with the excursion provider and so they will not form a part of your Hotel Booking with us. They will be provided by third parties over whom we have no control or relationship with. We do not have any responsibility for their provision, nor do we accept any liability if you suffer loss or damage whilst on a Locally Booked Excursion.
We have translated the original English version of these Booking Conditions into other languages, for our Guests’ convenience. However these translations are not intended to confer any rights not conferred by the English version and in the event of any inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall prevail. The English version is available upon request to firstname.lastname@example.org.
The various paragraphs set out in these Booking Conditions operate separately to one another. If any court or any other relevant authority decides that any of these paragraphs (or part therein) are unlawful or unenforceable, the remaining paragraphs (and parts therein) will remain in full force and effect.
These Booking Conditions and the associated booking confirmation set out the entire agreement between us. You are not relying upon any other statement, promise or assurance in relation to your Booking.
These Booking Conditions are between you and us. No other person shall have any rights to enforce any of their terms and conditions.
If we do not insist immediately that you do anything you are required to do under these Booking Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you immediately, we can still require you to make the payment at a later date.
We may transfer our rights and obligations with you under these Booking Conditions to another organization, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the Booking Conditions.
If you have any queries about these Booking Conditions, please contact our reservation centre before making a Booking, at email@example.com .
These Booking Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of them, their subject matter or formation shall be governed by and construed in accordance with the law of Turkish Republic of Northern Cyprus (“TRNC”). You and we both agree that the courts of TRNC will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Booking Conditions or their subject matter or formation.
© 2020 Karpaz Gate Marina Limited