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Dalyan Private Villas

Privately owned detached villas for holiday rent in Dalyan

TERMS & CONDITIONS OF LET


Villa Jasville, Villa Lochville, Villa Cairnville & Villa Scotville (Villa)
Please read the following Terms & Conditions of Let carefully, as they set out the terms and conditions of the Contract between you, and the Villa Owner.  No verbal alteration can be made to the Terms and Conditions of Let described herein, on our website, or on our online booking system run by Freetobook.  Villa Owner must confirm any such change in writing.

Bookings
When you make your booking you must complete a Booking Form, accepting on behalf of all your party the Terms & Conditions of Let, the general holiday information, and pay a non-refundable deposit of 20% (direct bookings with Villa Owner) or 25% (bookings via HomeAway website) of the Villa rental charge.  Bookings made less than 56 days before your arrival date must be accompanied by the full amount of the Villa rental charge.  .  A contract exists between us when we have received your completed Booking Form together with your deposit (cleared funds) and we have issued our Booking Confirmation Email, or for bookings made via Freetobook or HomeAway when you paid your deposit and we have issued our Booking Confirmation Email.

Website Descriptions
The information provided contains statements representing our honest belief that the facts as shown are correct.  Every reasonable effort has been made to describe as fully and as accurately as possible the Villa offered and every reasonable attempt will be made to supply what has been described.  All bookings are made and accepted on the basis of the descriptions contained on the website, or as varied by us.  The Villa Owner will not be held responsible for any equipment used within the Villa or the Villa's grounds.  It is your responsibility to check all equipment and replace batteries where applicable.  All baby equipment/monitors must be checked prior to use and only use if you are satisfied with the condition of the equipment/monitors.

Price Guarantee
Once you have booked and paid the deposit and received our Booking Confirmation Email for your holiday, the price is guaranteed.

Payment of Balance
The balance of the Villa rental charge of your holiday must be paid 56 days prior to your arrival date.  If the balance is not received by the due date then we reserve the right to treat your villa rental as a cancellation of a booking by you and apply the cancellation charges set out in the Cancellation of Booking by You / Cancellation Charges paragraph below.

Villa Damage
You must notify our Villa Manager or his assistant in Dalyan (Villa Manager) within 24 hours of your arrival of any pre-existing damage to ensure that you are not held responsible.

Passport and Visa
A passport should have at least 6 months remaining from your return date of travel; a visa must be purchased before entry into Turkey, unless there is an exemption.  You must carry photographic identification (passport) and a copy of your visa (unless exempt) whilst you are in Turkey to comply with local law.
Internet Access at the Villa
We provide an air fibre internet connection which is adequate for
general use such as access to the world wide web, email, messaging, social media, light video / music / media streaming. It is not intended or ideally suited for heavy media streaming, online gaming, extensive downloads / uploads.

With the introduction of the Digital Economy Act, it is now essential that the Villa Owner is protected from prosecution in the event of criminal or malicious use of the internet by guests staying at the Villa and using our facilities.  You will find Terms and Conditions for Internet Access in the Appendix at the end of these Terms and Conditions of Let.  In a nutshell, this just makes it a condition that you do not use our internet connection to download copyright, obscene or offensive material, or use the service for unlawful activities.


Vacating the Villa
Please vacate the Villa no later than 10.00am on the last day of rental, unless arrangements have been made and confirmed by us in writing for an alternative departure time.

Smoking Policy
Smoking of any tobacco products including, but not limited to cigarettes, e-cigarettes, pipes, cigars, snuff or chewing tobacco IS NOT PERMITTED inside the Villa at any time, ashtrays are provided for use outside.

Refuse
There is no public refuse collection, please dispose of your own waste, bins are provided by the local town council on the main roads in Dalyan. 

Valuable Items
All valuable items including jewellery, passports, cameras, video recorders, laptops, personal CD players, i-Pods, mobile phones etc., are your own responsibility when staying at the Villa, the Villa Owner and 3rd parties will not be held responsible in the event of loss or theft from within the Villa or the surrounding area.  Please make sure you have adequate Insurance to cover any loss.

Breakages / Honesty Policy
We do not charge a breakages / damage deposit so it is therefore your responsibility to report any damage you notice when you arrive at the Villa otherwise you will be held liable for the damage.  We are aware breakages may happen and by replacing any broken, damaged or lost items it enables us to continue not to charge a breakages deposit and for guests arriving after you to enjoy the use of all the facilities at the Villa.   Broken, damaged or lost items must be replaced on a like for like basis, or you can leave money in the honesty boxes located in the Villa.  Larger items (e.g., beds, sofas, tables, chairs electrical equipment, etc.) which are broken, damaged or lost must be reported to our Villa Manager, who will arrange for the item to be replaced/repaired as required and you will be advised of the cost which, must be paid in full prior to departure.  Many items can be replaced on an individual basis, but it you have any problems our Villa Manager will be happy to help.

Please do not allow children to jump on the beds or sofas; please do not sit on the furniture if you are wet.
Games Consoles (PS2 / Xbox / Wii)
Some child friendly games are in the Villa, but please bring any specific games that you may wish to play, the Villa Owner and Villa Manager will not be held responsible for any damage to any discs played on the gaming machines, or any other playing device at the villas.  Please do not remove games from the Villa.

Accommodation
We have described the accommodation as fully as the space permits in the Villa brochure and website.  Further details of the accommodation may be requested from us.  You and your party are responsible for leaving the occupied Villa together with all furniture and fittings, clean and in good order and condition.  You undertake to inform us of any damages to the Villa or its contents, (including loss) during your occupation and to pay for any damage or missing items, and excessive or unusual services consumed.  The Villa let to you may be used for the accommodation of the persons named on the Booking Form only unless otherwise agreed in writing by us.  Sub-letting or assignment arrangements are not permitted.  Villa Managers or Villa Owner shall be permitted access to the Villa at all reasonable times during your occupancy.

Pools and Patio Area
Villa Owner and 3rd parties, advise you to take extra care of all persons, especially children, within your party whilst using the pools, patio area, sunbathing areas and terraces, as the floors do become slippery when wet. 

No diving
into the pools allowed at anytime.

Never leave children unattended by the pools at any time.

Please note that Villa pool is not available from November through to March, unless by prior arrangement.

Other
It is your responsibility to ensure the safety of your children/child at all times within the Villa and grounds including the outside surrounding areas, please do be extra vigilant, especially when returning home in the evenings.

Please note the Morso stoves in Villa Scotville are only available for use between November and March.  If you use any of the Morso stoves out with said period you will be liable for an additional cleaning charge of £30, per occasion of use, payable to the Villa Manager prior to departure from Villa Scotville.

Client Behaviour
We reserve the right at all times to cancel or terminate a holiday completely if the conduct of any member of any party is considered likely to cause offence, danger, damage or distress to others.  Villa Manager, where they consider the behaviour to be unacceptable, are authorised to cancel a holiday wherever and whenever necessary.  Our responsibility will cease, and there will be no obligation to cover any expenses incurred by you or your party as a result of cancellation brought about in these circumstances.  No claims will be accepted for refunds or compensation whatsoever.  Villa Manager has the rights to enter the Villa at any time if he has concerns about client behaviour.

CHANGES TO BOOKINGS

Changes and Cancellation by Us
If the rental accommodation becomes unavailable due to circumstances beyond our control, we will return all monies paid for the unavailable days on a pro rata basis, unless the change or cancellation arises from reasons of force majeure.  The holiday may also be cancelled by us if full payment has not been received 56 days before the confirmed arrival date.
Transfer of Bookings by You
Should you be prevented from travelling due to serious injury or death, or serious injury or death of a close family member, jury service or similar you may transfer your booking to someone else or to another date if available within the same year.  Increase in tariffs will be applicable where necessary.  This transfer request will only be actioned if submitted to us in writing accompanied by the paperwork, which has already been issued, and/or any final payment, which is still outstanding together with a fee of *£50 to cover our costs for making the transfer and/or any additional sum required by a supplier for effecting the change. 

*Each case will be dealt with on its own merits.

Changes to Bookings by You
If, after our confirmation has been issued, you wish to change arrival or departure date, add another person(s), add another element such as airport transfer or in any way alter your booking, we will do our utmost to make the changes, provided that notification is received in writing from the person who signed the Booking Form, at least 56 days before the departure date.  No refund will be made for unused accommodation or services.

Cancellation of Booking by You / Cancellation Charges
You, or any member of your party, may cancel your holiday at any time providing that the cancellation is made by the person signing the Booking Form and is communicated to us in writing.  The closer your cancellation is to your arrival date, the less likely we are to recover our costs by re-selling the Villa.  The cancellation charges detailed below is calculated on the total Villa rental charge and payable by the person cancelling:

Date Written Notice of Cancellation Received Cancellation Charge
Greater than 56 days before arrival at Villa Loss of deposit
56 days or less before arrival at Villa 100% of the Villa rental charge

Please note that if the reason for cancellation is covered under your travel insurance, you may be able to reclaim these charges from your insurance company.

Force Majeure
No liability can be accepted by the Villa Owner if we are forced to change or cancel your holiday due to force majeure reasons, which are included, but not limited to war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, flood, adverse weather conditions, transportation or any other circumstances beyond our control.  If, before departure, there is a minor change, we will do our best to inform you although we are under no obligation to do so, nor are we obliged to pay compensation.  Finally, in the unlikely event that we become unable to provide a significant part of your holiday, i.e., the Villa, after arrival, Villa Owner will make alternative arrangements up to the amount you have paid to us for the Villa rental charge.

LIABILITY

Personal Liability
The Villa Owner, and their suppliers, have to the best of their knowledge and capabilities provided a safe environment, and by accepting the Terms & Conditions of Let you and all members of your party are accepting that the Villa Owner, or 3rd parties, will not at any time accept liability under any circumstances for any instances that may affect any member of your group's personal well being, including personal injury, illness or death.  Nor can the Villa Owner or 3rd parties accept liability for circumstances that are due to your own actions, or to the actions of a 3rd party, or to an unusual and unforeseeable circumstance whose consequences could not have been prevented by us or our suppliers, even exercising all due care.  Furthermore, the Villa Owner or 3rd parties are unable to accept responsibility for any aspect of your holiday affected by force majeure, however such eventualities may be covered by your travel Insurance.
Excursions
Please note that whilst the Villa Owner can arrange excursions and car hire locally for you, we advise you to take personal liability insurance to protect you and your party, as we cannot provide insurance for excursions or local transport that we provide.  Furthermore, should the Villa Owner or 3rd parties at your request, make arrangements for excursions, or car hire locally on your behalf the contract for the provision of the excursion, or car hire will be between you and the supplier of the excursion and not between you and the Villa Owner.  Therefore, when you purchase an excursion, or hire a car locally, your contract is with the local company and Villa Owner has no liability for anything which may go wrong with the excursion or car hire.  Always make sure the company you choose has adequate fully comprehensive insurance.

Services
The Villa Owner or 3rd parties cannot be held liable for loss of main services such as electricity or water supplies, nor any actions taken at, or in the vicinity of the Villa by any person(s) or authority over whom we have no control. Similarly, you should be aware that there might be occasions when an advertised facility is either modified or not available.  Such situations may be dictated by local circumstances, breakdown of machinery and/or the necessity for maintenance, unsuitable weather conditions, fuel shortages, power cuts and other circumstances beyond our control.  If Villa Owner is advised of this Villa Owner or Villa Manager will endeavour to inform you in advance, but cannot be held liable in such circumstances.

Septic Tank
Where the Villa is not connected to mains drainage you will have a septic tank and the following specific care is required to ensure the proper function of the septic tank system:

Only three items are safe to flush down any of the toilets: 1) human waste; 2) toilet paper; and 3) septic system treatments (enzymes).

b) The following items must never be flushed down ay toilet, or disposed of in any drain at the Villa as they can kill the helpful bacteria in the septic tank and block the field drain lines resulting in failure of the entire septic tank system: paper towels, grease, coffee grounds, sand, pet and human hair, disposable nappies, tampons, sanitary napkins, dental floss, food, condoms, toys, bottle caps, paint, corrosive chemicals, or any item not specifically set forth in paragraph “a” above.

You acknowledge and understand the specific care that is required to keep the septic tank system at the Villa in good working order and accept responsibility for fully complying with the requirements set forth.  You must immediately report any failure of the septic tank system to the Villa Manager, who after verification, will endeavour to arrange for the septic tank to be emptied, or undergo maintenance as required.  Villa Owner will attempt to minimise any inconvenience, but are reliant on 3rd parties and delays may be beyond our control and Villa Owner cannot be held liable in such circumstances.  You acknowledge and agree that you shall be liable for all damage to the septic tank system due to the intentional or negligent acts by you, or your party.

Your Flight
We are unable to accept responsibility for any aspect of your holiday affected by your flight arrangements as the agreement is with the airline and is beyond our control. For any specific requirements relating to your flight such as pre-bookable services for meals, pre-allocated seating and any other special needs you should arrange this directly with the airline.  However, where changes in your flight affect your transfers and check in to your Villa on the scheduled day of arrival, we will endeavour to make the necessary changes on your behalf to ensure that you are transferred to your Villa.  If however, you haven't pre-booked a transfer with us, and need a transfer as a result of a car hire firm being closed out of hours, you will be subject to a local charge for the transfer, such as a taxi fare or the price of our transfer.
Holiday Insurance
The Villa Owner and 3rd parties, strongly advise you to protect yourself and the rest of your party against any event, e.g. accident, cancellation, or loss of personal belongings by taking out adequate holiday insurance.  Villa Owner cannot accept liability should you later find yourselves not to be adequately insured.

Long Term Let
For Villa rental longer than 30 days (Long Term Let), all gas, electric, wood and water bills will be your responsibility during your stay, unless otherwise agreed prior to a Long Term Let. Villa Manager will take all meter readings prior to your arrival and on your departure, when possible in your presence.  All bills must be settled with the Villa Manager before you vacate the Villa. 

Airport Transfers
Villa Owner can arrange an airport transfer on your behalf, however, your contract for this service is with the company concerned and not with the Villa Owner.  It is your responsibility to ensure any return pick-up time is suitable for your requirements.

Building Works
No building is allowed during the months of May - October by Turkish by-laws.  We cannot be held responsible for any new builds outside of these dates, or where the Town Council alter the build dates, Villa Owner will, if we are made aware of any building works outside of those dates notify you immediately.

Law and Jurisdiction
This contract is made on the Terms & Conditions of Let.  Any disputes will be governed by Turkish Law and both parties shall submit to the jurisdiction of the Turkish Courts at all times.  Where legal action is contemplated Villa Owner authority must be obtained prior to commencement of proceedings.  Villa Owner costs in respect of the above on behalf of you and your party shall not exceed the total cost of the amount paid for the Villa rental.

Client Confidentiality
Villa Owner will not disclose or share any of your personnel details with any other organisation(s), without your prior consent in writing.

Complaints Procedure
If you have a problem during your holiday, it is a condition of this contract that you must communicate any problem in the first instance to the Villa Manager whilst in the resort, who will endeavour to put things right.  If any problem is not being addressed by the Villa Manager you must inform the Villa Owner whilst still in the resort.  If you cannot resolve your problem in the resort, all complaints must be lodged by letter in writing within 28 days of your return to the UK, or other country of residence and posted to 7 Deepdale Place, Broughty Ferry, Dundee, Angus, DD5 3DD.  If you fail to follow this procedure your entitlement to compensation, if any, will be completely extinguished because you will not have taken reasonable steps to mitigate your loss and Villa Owner has not been given a full opportunity to investigate and rectify the problem.

Late Villa Rental Payments
Please ensure that all deposits and outstanding balances, reach us on or before the agreed due date, failure to do so could lead to your holiday being cancelled.  Villa Owner reserves the right
to cancel your booking if the payment is not received by the agreed due date without further notice.

Unpaid Villa Rental Charge
Notwithstanding Law and Jurisdiction clause, any claim which may arise in relation to unpaid Villa rental charge will be governed by Scots Law and you agree that any legal proceedings in relation to unpaid Villa rental charge will be dealt with exclusively by the courts of Scotland.

Severability
If any of these provisions should be determined unlawful, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction which that provision is found to be unlawful, invalid or unenforceable, then that provision shall be deleted and shall not affect the validity and enforceability of the remaining provisions which shall continue to be binding and in force.

Amendments to Terms & Conditions of Let 
Changes and updates to the Terms and Conditions of Let can be made at any time without any prior notice.

Your signature on our Booking Form implies your acceptance of these Terms and Conditions of Let.  For bookings made via HomeAway or Freetobook you are automatically accepting these Terms and Conditions of Let.

Villa Owner
Simon Thomson

Villa Owner Contact Details
7 Deepdale Place
Broughty Ferry
Dundee
Angus
DD5 3DD

Email: info@dalyanprivatevillas.com

Website: www.dalyanprivatevillas.com

Individual Websites:
www.villajasville.com / www.villalochville.com / www.villacairnville.com / www.villascotville.com
APPENDIX

Internet Access Terms and Conditions
This Appendix sets out the terms and conditions on which wired or wireless internet access (“the Service”) is provided to yourself and all other members of your party (“you”) by Villa Owner.
Extent of the Service
Villa Owner does not recommend in particular the use of any websites (or other internet related services) (“Internet Services”) and your use of Internet Services is carried out entirely at your own risk.  Villa Owner has no responsibility for, or control over, the Internet Services you access and does not guarantee that any services are error or virus free. Villa Owner has no responsibility for, or control over, the information you transmit or receive via the Service. Save for the purposes of network diagnostics we do not examine the use to which you put the Service or the nature of the information you send or receive.
Villa Owner does not guarantee:
the availability of the Service;
the speed at which information may be transmitted or received via the Service; or
that the Service will be compatible with your equipment or any software which you use.
Whilst Villa Owner takes reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted or received using the Service Villa Owner does not guarantee the security of the information which you may transmit or receive using the Service or located on any equipment utilising the Service and you accept that it is your responsibility to protect your information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of your information and data.  Villa Owner reserves the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the Service.
Your Use of the Service
You must not use or attempt to use the Service at any times other than between 4pm on your arrival date and 10am on your departure date.

You must not use the Service to access  Internet Services, or send or receive e-mails, which:
are defamatory, threatening, intimidating or which could be classed as harassment;
contain obscene, profane or abusive language or material;
contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
contain offensive or derogatory images  regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
contain material which infringes third party’s rights (including intellectual property rights);
in Villa Owner’s reasonable opinion may adversely affect the manner in which we carry out our business; or
are otherwise unlawful or inappropriate;
Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorised its use by you.
Villa Owner may terminate or temporarily suspend the Service if Villa Owner reasonably believes that you are in breach of any provisions of this Appendix.
Villa Owner recommends that you do not use the Service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.
Criminal Activity
You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in Turkey, the United Kingdom or in any state throughout the world.
You agree and acknowledge that Villa Owner may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.  You agree and acknowledge that Villa Owner may keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address.  You further agree Villa Owner is entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have, and are entitled to provide by law, to law enforcement authorities or rights-holders.
Other Terms
You agree to compensate Villa Owner for any claims or legal action made or threatened against us by someone else because you have used the service in breach of these terms and conditions.  We have no  responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the Service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the Service at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage.

Villa Terms and Conditions of Let (Revised March 2020)