Terms & Conditions
Dear Book an Apartment user,
We know that Terms and Conditions is long and generally seen as dull. Nevertheless, it is really important that you read the following provisions carefully. The Terms and Conditions firstly describe specifically the contractual relationship that exists between you and Book an Apartment and secondly the fundamental rights that relate to the relationship between the guest and host.
1. Scope of validity, change in the conditions of use
1.1. The following Terms and Conditions apply for the business relationships between the user of the online platform Book an Apartment. Book an Apartment is a trade mark of Tarus Tourism Co.Ltd. and represented by its managing director Onur Mollaoğlu (hereinafter referred to as “Book an Apartment”).
1.2. Terms and Conditions will be valid for the Hosts and Guests as soon as they are accepted. Book an Apartment has the right to change the Terms & Conditions at any time. These changes will be announced to Hosts and Guests by giving the date of the changes.
1.3. On request, Book an Apartment will offer the users particular additional services. Special conditions apply for this and reference is made to these within these Terms & Conditions of Business.
2. Registration, entry into force of the usage agreement, obligations with regard to the user account.
2.1. As a fundamental principle, any private individual or legal entity can use the offering of Book an Apartment. However, this person must register on the online platform of Book an Apartment and the user account must be held by a private individual of full age, or by a person entitled to represent that person.
2.2. With the complete registration (surname, first name, e-mail address, and password) in addition to the consent to these Terms and Conditions and the data protection conditions, the user account (referred to as a member account on the website) is set up and there is an agreement between the user and Book an Apartment for the usage of the online platform. If the user does not accept the Terms and Conditions , the usage agreement is not valid.
2.3. The user undertakes to provide truthful, current and complete information during registration.
2.4. The user undertakes to keep the data up-to-date and correct at all times.
2.5. The user undertakes not to disclose the password selected by him.
2.6. The user undertakes to inform Book an Apartment immediately if there is reason to suspect unauthorised usage of his/her user account.
2.7. The registration for usage of the online platform is currently free of charge for the users.
3. General services of Book an Apartment
(Functions of the platform, entry into force of contracts between the users, payment modalities)
3.1. Book an Apartment offers an online platform to registered users. On this platform, a user can also offer firstly other users the usage of apartments, room or another kind of accommodation (hereinafter referred to as: accommodation) for a fee. Secondly, a user can also look for suitable accommodation on this online platform and place a booking query via the online platform. Book an Apartment therefore provides the users with a marketplace on which guest and host can find each other.
3.2. The provider of accommodation is hereinafter referred to as the host; the person searching for accommodation is referred to as the guest. The term “user” also applies to the host and the guest.
3.3. Explicit reference is made to the fact that Book an Apartment does not offer any accommodation and is not a contracting partner to the contracts concluded solely between the users (guest and host). Within the framework of contract negotiations between guest and host, Book an Apartment does not submit any declarations of will.
3.4. Book an Apartment undertakes to provide services in a reliable and straightforward manner pursuant to Clause 8 (and/or 9) of this contract; Book an Apartment acquires the claim to the accommodation price directly after it is incurred from the host and files this claim in its own name and for its own account towards the guest (cf. Clause 8).
3.5. Book an Apartment offers each user the option of using the online platform both as a host and as a guest.
3.6. Book an Apartment offers users the technical possibility of publishing content in word and images on the website themselves (descriptions of accommodation, ratings, etc., cf. Clause 3.13 and 4.1).
3.7. Book an Apartment communicates binding booking enquiries via the online platform from guests to the hosts.
3.8. Book an Apartment communicates the acceptance of a binding booking enquiry from the host to the guest; the guest and host have thus concluded a valid contract with one another regarding the usage of the accommodation. In this case, Book an Apartment sends an e-mail to host and guest in which the information provided by the contracting partners such as type of accommodation, usage duration and the prices are listed once again. It is only in this mail that the further contact data stored on the online platform by the contracting partners are exchanged between host and guest.
3.9. Book an Apartment offers some hosts the option of having direct bookings made by the guests. In this case, the booking of the accommodation is already legally binding with the receipt of the binding booking enquiry by the host. Direct bookings are to be clearly marked as such.
3.10. Book an Apartment offers the users the option of creating a comprehensive personal profile. This, however, is not necessary. The online platform can be used solely under one first name in the public area. Pursuant to Clause 3.9, (other) personal data are only exchanged between guest and host of Book an Apartment with a binding booking between these parties.
3.11. In addition, Book an Apartment offers the user a “credit account” which can be topped up with “credits” by certain activities such as the registration of suggested friends, the writing of a first rating for an accommodation or similar. These credits cannot be paid out, but they can be used for platform-internal payments with a booking via Book an Apartment. The precise conditions how and for what value the credit account can be topped up, which are part of these Terms and Conditions, can be found here.
3.12. In addition, Book an Apartment offers the users within the online platform a messaging system with which the users can communicate with one another for instance in order to clarify any uncertainties in the run-up to booking queries, without having to already exchange the real contact data.
3.13. Book an Apartment also offers the users on the online platform a rating system with which the users can rate each other. The provisions for the usage of this rating system are stated under Clauses 11 and 12.
3.14. Book an Apartment offers hosts and guests insurance. Book an Apartment insurance refers to the obligation pursuant to certain conditions to provide compensation for damage to the inventory of the rented accommodation. Please click here for detailed information.
3.15. The services of Book an Apartment will be offered to the users subject to particular conditions. Book an Apartment will make every effort to ensure that the services are accessible at all times. The usage options can be restricted or interrupted temporarily through maintenance work, further development or disruptions. Book an Apartment will announce disruptions of the aforementioned kind to the users in a timely manner wherever possible.
4. Special services of Book an Apartment towards the hosts
(Entry of accommodation, cancellations, handling, insurance option)
4.1. Book an Apartment offers hosts the opportunity to enter their accommodation on the online platform with a description, photos, price(s), availability calendar and a personal user profile (accommodation profile).
4.2. Book an Apartment offers hosts the option of entering the accommodation at different prices (currently called “General price” or “Seasonal price”) for certain periods and to indicate and charge additional fees such as, cleaning charges, fees for the use of a washing machine, etc.
4.3. Book an Apartment offers the host the option of defining conditions of cancellation for his or her guests. The various conditions of cancellation are found here. If the host selects a condition of cancellation, this becomes a binding part of the agreement between the host and the guest. For the rest, the agreement between the guest and host can only be rescinded if both parties agree to this rescission and the approval is declared at least in text form by compliant e-mails.
4.4. Book an Apartment shall forward binding booking enquiries from the guests to the host. The binding contract between the guest and host comes into effect with the acceptance of the booking enquiry by the host. Booking enquiries are automatically deleted in the host’s system if another host accepts the guest’s booking enquiry beforehand.
5. Special services of Book an Apartment towards the guests
(Search function, handling, complaint option)
5.1. Book an Apartment offers guests an online platform in the form of a market place for searching possible accommodation.
5.2. Book an Apartment offers the guests the option of placing only one booking enquiry for a particular period of time using the online platform. As soon as the booking enquiry is accepted by the host, the guest has concluded a valid contract with the latter.
5.3. At its own discretion, Book an Apartment has the option of issuing vouchers in favor of the hosts within the framework of special promotions. Book an Apartment is not obligated to do this; the guest does not have any claim to any kind of special promotions.
5.3.1. At the discretion of Book an Apartment, these vouchers have a discount for a certain amount or a discount for a percentage share of an accommodation price.
5.3.2. In the event of a special promotion, the guest shall receive a voucher in which the corresponding discount is indicated and which contains a so-called voucher code. The guest must indicate this voucher code to redeem the discount when booking.
5.4. Book an Apartment also offers the option of contacting Book an Apartment with a complaint if there are any problems with the accommodation and/or the host within at the latest 24 hours after the check-in. The complaint must be made at least in text form (e-mail). In this compliant, the guest must specifically indicate the grounds for his or her complaint. In this case, Book an Apartment will attempt to bring about an amicable solution. An amicable solution is deemed to have been reached when the accommodation parties (host and guest) have submitted two compliant declarations of will to this effect from which it is clearly discernible that both parties are in agreement with the formulated solution; the compliant declarations will be submitted in text form (e-mail). The further procedure is based on Clause 9.2.
6. Services and other obligations of the host
6.1. The host undertakes to handle the payment pursuant to Clauses 8 and 9.
6.2. With regard to his or her contact details, including the data for payment handling, the host undertakes to make truthful and correct statements.
6.3. The host undertakes to describe the offering accommodation in words and pictures correctly and completely in order to give the guest a true impression of the accommodation and to make it possible for the guest to review the offer. The offer includes all properties of the accommodation that are of fundamental importance for the guest’s decision, in particular also defects or other disadvantages in the accommodation that have a considerable negative effect on the value of the accommodation.
6.4. The host undertakes to indicate the complete price of the offer including any tax and other price components (such as cleaning fee) on the accommodation profile. In doing so, however, the host undertakes to indicate the other price components such as cleaning fees etc. separately.
6.5. The host undertakes to offer the guest one of the cancellation options. The various conditions of cancellation can be viewed here. The conditions of cancellation become part of the contract concluded between the host and guest.
6.6. The host undertakes to state on the accommodation profile if any rooms and/or items in the accommodation are not included in a right of usage and/or what other rules of conduct are to be part of the contract (“house rules”).
6.7. The host undertakes to accept or decline binding booking enquiries from guests within 24 hours.
6.8. In case of a direct booking being offered, the host is obliged to undertake Book an Apartment direct booking conditions.
The host is not obligated to offer direct booking options.
6.9. The host undertakes not to charge the guest any other fees, commissions or other payments beyond those indicated on the accommodation profile.
6.10. The host undertakes to issue the guest with an orderly invoice.
6.11. The host undertakes to convince himself/herself of the identity of his/her contracting partner as necessary. Book an Apartment can carry out a review of the data stored during registration only to a very limited extent as the identification of persons in the Internet is only possible to a very restricted extent. Consequently, despite all efforts to the contrary, it is impossible to exclude that false data have been stored for a user account.
7. Services and other obligations of the guest
7.1. The guest undertakes to handle the payment pursuant to Clauses 8 and 9.
7.2. The guest undertakes to give correct contact and payment method details.
7.3. The guest undertakes to recognise the conditions of cancellation offered by the host as part of the agreement between the host and guest. For the rest, the agreement between the guest and host can only be rescinded if both parties agree to this rescission and the approval is declared at least in text form by compliant e-mails.
7.4. The guest undertakes to recognise the “house rules” pursuant to Clause 6.6 as part of the contractual conditions between the host and guest.
7.5. The guest undertakes to convince himself/herself of the identity of his/her contracting partner if necessary. Book an Apartment can only carry out a review of the data stored during registration to a very limited extent as the identification of persons in the Internet is only possible to a limited extent. Despite every efforts to the contrary, it is therefore not possible to exclude that false data have been stored for a user account.
8. Services & Payments
(remuneration, purchase of accounts receivable, payment flow)
8.1. With the acceptance of the binding booking enquiry or in the event of a direct booking with the receipt of the booking by the host, an effective contract comes into force between the host and guest regarding the host’s obligation to make an accommodation available for the guest’s use for a certain period of time and the guest’s obligation to pay a certain fee to the host for this. The remuneration to be paid results from the price agreed between the host and guest for the usage of the accommodation (accommodation price), and any other remuneration agreed such as cleaning fees or fees for washing machines, which is visible in the accommodation profile.
8.2. With the entry into force of the binding contract, the host is entitled to demand the accommodation price from the guest (receivable); the receivable becomes due immediately.
8.3. Host and Book an Apartment are in agreement that the host sells the receivable created pursuant to 8.1 and 8.2 directly after it has been created to Book an Apartment and transfers it to the latter by assignment.
8.3.1. Book an Apartment undertakes to pay to the host 95% of the purchase price.The commission of Book an Apartment is 5% of the accommodation price.
Book an Apartment charges 10% of the purchase price from the guest.
The total commission of Book an Apartment is 15%.
Book an Apartment, however, reserves the right to change this commission at times in favor of the host as part of special promotions and discounts. The host will be informed about possible aforementioned discounts and special promotions on the online platform via the user account and where necessary, also informed by e-mail.
8.3.2. The parties are in agreement that the price of the claim will not become due until 48 hours after the guest has checked into the accommodation.
8.4. The guest undertakes to pay the receivable towards Book an Apartment in the given time period.
8.5. Book an Apartment shall collect the receivable in its own name and for its own account.
9. Payment handling in the event of cancellation and complaint
9.1. As a fundamental principle, a cancellation is only possible for the guest pursuant to the conditions of cancellation.
9.1.1. In the event of any cancellation Book an Apartment is obligated to reimburse the guest for the corresponding cancellation amount pursuant to the cancellation conditions agreed between the guest and host.
9.2. If the guest should submit a complaint to Book an Apartment with a text form within 24 hours after check-in, and this complaint claims that there are defects in the accommodation, Book an Apartment will check these objections. Book an Apartment will attempt to bring about an amicable solution.
9.2.1. In the event of an amicable solution and reduction in price, Book an Apartment will pay out the difference between the original accommodation price and the price determined subsequently by the guest and host subsequently due to defects.
9.2.2. The commission of Book an Apartment will be deducted from the original accomodation price not from the reduced price.
10. Cases of suspected fraud
10.1. In case of any suspicious fraudulent act Book an Apartment and both parties (host and guest) agreed on that the payment does not have to be paid out to the host until the guest and host have been able to exonerate themselves with regard to the suspicion of fraud.
10.2. In cases of substantiated suspicion, Book an Apartment reserves the right to report the suspected persons to the police or the state prosecutor.
11. Rating system
11.1. Book an Apartment makes it possible for the members to rate each other after fulfillment of contract using a rating system and to rate the content published by other members according to whether it is helpful, relevant or useful.
11.2. Members are obligated to only make truthful statements in the ratings given and to comply with the statutory provisions. The ratings must be kept objective and may not include any abusive criticism.
11.3. Book an Apartment checks the ratings.
11.4. The rating system may not be used contrary to its purposes. In particular, it is forbidden
- to submit incorrect ratings,
- to submit ratings about oneself or to have such a rating submitted by a third party or
- to include circumstances in ratings that are not associated with the entry into force or the fulfillment of the agreement.
11.5. Book an Apartment reserves the right, when it becomes aware of this (information from third parties) to delete ratings in full or in part if the ratings have an impermissible content pursuant to 11.4 or are to be seen as forbidden content or a forbidden activity pursuant to 12.2.
12. Content: rights, granting of rights, forbidden content, indemnity
12.1. Description of accommodation, ratings, profile images
12.1.1. The works protected by copyright that are used by the hosts for the description of the accommodation, in particular texts and photographs and graphics and videos (descriptions of accommodation) and the texts used by the users for the ratings and the profile pictures used by the users may not infringe the rights of third parties, in particular copyrights, trademarks and personal rights.
12.1.2. The users give assurance that they have the necessary rights to the texts and photographs mentioned under Clause 12.1.1 and, if applicable, graphics or videos or other works protected by law and/or trademarks and/or consents with regard to personal rights.
12.1.3. By making an accommodation description or a rating publicly accessible on the online platform of Book an Apartment (entry, upload and thus release of texts, photographs, videos, graphics, etc.) the user grants Book an Apartment the free, non-exclusive right to use for an indefinite time and area this work (in its entirety or in part) worldwide for the provision of the services offered by Book an Apartment or to advertise this service on the Internet or a mobile application), and to use this work worldwide for the provision of the services offered by Book an Apartment or to advertise this service on posters, in print media of any kind, television and radio advertising (right of copying, dissemination, broadcasting, public rendition) and the right to process or redesign the works and the right to transfer these rights to third parties if this is necessary to meet the required purpose (provision of the service offered by Book an Apartment or to advertise the service).
12.1.4. With the making public of a profile picture on the online platform of Book an Apartment (upload and release of pictures, publication of texts, etc.), the user grants Book an Apartment the free, non-exclusive right for an unlimited time and area to use this work (in its entirety or part) worldwide to provide the services offered by Book an Apartment on the Internet or mobile applications (right to make publicly accessible). Pursuant to Clause 12.1.3, the profile picture of the user may not be used for advertising, unless the user has explicitly agreed to this at least in text form.
12.1.5. A review of the uploads made by the users pursuant to the aforementioned clauses with regard to the legality of the content will not be done by Book an Apartment.
12.1.6. Book an Apartment reserves the right when it becomes aware of this (information from third parties) to delete content in its entirety or in part if the content is unlawful or is to be seen as forbidden content or forbidden activity pursuant to 12.2.
12.1.7. Other forbidden content and activities
12.2. It is the responsibility of the users to ensure that their conduct on the online platform complies with the valid laws and these Terms and Conditions. The content and activities depicted below are those that breach valid law, pursuant to Clause 12.1 may not be published or carried out via the online platform or otherwise in the interest of Book an Apartment not via the services or Book an Apartment and consequence are forbidden on the online platform and its services:
- insults, false accusations, abusive criticism, other defamatory statements,
- statements and images relevant under criminal law (such as National Socialist images, those glorifying violence and war, racist, children or violent pornographic or calls to commit criminal offences),
- any sexual content and depictions or those that are a danger to children and young people;
- copying, dissemination and making publicly accessible works protected by copyright if the user does not have the corresponding usage rights,
- publication of images on which persons can be recognised who have not given their consent to publication,
- de-anonymization of other users Usage of the platform for own commercial purposes that go beyond the actual purposes of this platform unless Book an Apartment has agreed to such a commercial usage in writing beforehand,
- publication of personal data of third parties, usage of the platform for (solely) political or religious activity,
- sending of junk mails, chain letters or unrequested mass mails, instant messages, spimming or spamming,
- the disruption, interruption or excessive use of the services of Book an Apartment,
- the use of the account, user name or password of another member,
- use of mechanisms, software or other scripts in conjunction with the online platform that could impair the faultless and orderly function of the platform and the respective website,
- blocking, overwriting or modification of content generated by Book an Apartment,
- the usage of the services of Book an Apartment in a way that breaches the valid laws and regulations in another way.
12.2.1. The examples included in the list are not exhaustive. The consequences of the breaches of statutory regulations, the rights of third parties or these Terms and Conditions is regulated in the Clauses 12.3 (indemnity), 13 (Deletion of content, blocking of accounts) and 14 (Liability of the user).
12.3.1. The user shall indemnify Book an Apartment from all claims at the first request that other users or third parties file against Book an Apartment due to the breach of their rights by the offers and content entered by the user or due to other usage of the website, including ratings submitted by the member.
12.3.2. The user also assumes the necessary cost of legal counsel (attorney and court costs) here of Book an Apartment.
12.3.3. In addition, the user undertakes to provide Book an Apartment, in the event of a claim being filed by third parties, with all information in a truthful and complete manner that is necessary to verify and defend against the claims.
13. Deletion of content, restriction and blocking of accounts
13.1. In the event that a user breaches statutory regulations, rights of third parties or the Terms and Conditions, Book an Apartment reserves the right,
- to warn the member,
- delete offers or other content of this member,
- restrict the usage of the platform for the user,
- to exclude (block) the user temporarily or definitively from using the platform entirely,
- initiate other legal steps (such as filing criminal charges)
13.2. Unless they are necessary by law, these measures are at the discretion of Book an Apartment; however, Book an Apartment will take the justified interests of the users and all circumstances of the breach, in particular the degree of culpability, into account.
13.3. As soon as an user has been blocked, this member may also not register with another user account or use the services via another user account.
13.4. As a fundamental principle, usage agreements that have already been concluded between the users remain unaffected by a restriction or blocking of a user.
14. Liability of the user
14.1. The user is fundamentally liable for all activities that are carried out using his or her user account, unless the user is not responsible for the misuse of his or her user account as he or she has not breached his/her obligations of due care.
15. Liability restrictions and warranty of Book an Apartment
15.1. Book an Apartment is liable without restriction for damage caused in a willful or grossly negligent manner by Book an Apartment, its employees and vicarious agents and in the malicious concealment of deficits, with the explicit assumption of warranty and for damage arising from injury to life, body and health.
15.2. Book an Apartment is only liable for other damage if an obligation is breached whose fulfillment makes the orderly implementation of the contract possible in the first place and whose compliance the contracting partner may regularly trust in (cardinal obligation). The compensation obligation is restricted to damage that can be seen as typical of the contract and foreseeable. Any liability pursuant to the product liability law remains unaffected. A liability of Book an Apartment that goes beyond the aforementioned is excluded.
15.3. As Book an Apartment is not involved in the contractual relationship between the guest and host, Book an Apartment cannot assume any warranty and/or liability for services from the agreement regarding the accommodation. However, Book an Apartment must allow objections that the guest files with justification against the host to be made against itself with regard to the claim (cf. Clause 8, 9).
16. Duration, termination
16.1. The usage agreement runs for an indefinite period of time from the time of registration pursuant to Clause 2.
16.2. Users may terminate this usage agreement at any time.
16.3. Book an Apartment can terminate the usage agreement at any time noticing the user a valid reason.
16.4. The contractual relationship is not ended until the last necessary processing pursuant to Clauses 8 and 9 has been concluded.
16.5. The right to block and to terminate the user account is not affected by this.
17. Amendment of the conditions of usage
17.1. Book an Apartment reserves the right to amend the Terms and Conditions with effect for the future in particular in the following cases:
17.1.1. If the market situation has changed in the opinion of Book an Apartment to a considerable extent from a calculative or technical perspective after the conclusion of the contract, Book an Apartment reserves the right to amend the Terms and Conditions with regard to the amount of commission in a reasonable manner for the users; this consequently incorporates in particular possible, moderate price increases.
17.1.2. If Book an Apartment would like to improve, extend or change for the benefit of the partners the offering and the services, Book an Apartment reserves the right to change the Terms and Conditions.
17.1.3. If legislation or case law necessitate a change in the Terms and Conditions, Book an Apartment reserves the right to make a change in the Terms and Conditions.
17.2. The amendments to the Terms and Conditions will be changed with a period of notice of four weeks in advance and the chances will be announced beforehand on the website within the four-week deadline. At the same time, users will be informed about the change by e-mail.
17.3. When the user next logs in to his or her user account, he or she will be reminded of the change in the Terms and Conditions and asked to agree to the changes by opt-in.
17.4. If the user does not give his or her consent to the amendments made within the four-week deadline, the contract will be continued without the proposed amendments. This does not affect the right to termination.
18. Final provisions
18.1. The law of the Republic of Turkiye applies.
18.2. If the user is a merchant, legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising from this agreement is İstanbul. The same applies if the user does not have any general place of jurisdiction or place of residence in Turkiye or the usual domicile is not known at the time the legal action is filed.
18.3. If individual provisions of the agreement with the user, including this provision, should be or become invalid in their entirety or in part, this shall not affect the validity of the remaining provisions. The same applies in the event of a lacuna.