Diwan Casablanca Hotel & Spa

CONSUMER RIGHTS – RIGHT OF WITHDRAWAL – CANCELLATION AND REFUND CONDITIONS

GENERAL

When you place an online order through our website (ZAREN TRAVEL), you are deemed to have accepted the preliminary information form and the distance sales contract presented to you. Buyers (consumers) are subject to the Consumer Protection Law No. 6502 and the Distance Contracts Regulation (Official Gazette: 27.11.2014/29188) as well as other current legislation regarding the sale and delivery of purchased products. Shipping costs for the product (i.e., cargo fees) will be borne by the buyer. Each purchased product will be delivered to the recipient and/or organization at the address indicated by the buyer within 30 days at the latest (the legal timeframe). If the product is not delivered within this period, the buyer can terminate the contract. The purchased product must be delivered in full, in compliance with the specifications indicated in the order, and with relevant documentation such as a warranty certificate and/or user manual if applicable. In the event that it becomes impossible to sell the purchased product, the seller must notify the buyer in writing within 3 days from learning of this situation. The seller must then refund the full price to the buyer within 14 days.

IF THE PURCHASED PRODUCT PRICE IS NOT PAID

If the buyer does not pay the price of the purchased product or if it is canceled in bank records, the seller’s obligation to deliver the product ends.

PURCHASES MADE WITH UNAUTHORIZED USE OF A CREDIT CARD

After the product is delivered, if it is determined that the credit card used by the buyer for payment was unlawfully used by unauthorized persons, and the cost of the sold product is not paid to the seller by the relevant bank or financial institution, the buyer must return the product in question to the seller within 3 days. Shipping costs in such cases will be borne by the seller.

IF THE PRODUCT CANNOT BE DELIVERED ON TIME DUE TO UNFORESEEN REASONS

If unforeseeable force majeure (circumstances beyond the seller’s reasonable control) occurs, causing a delay in product delivery, the buyer will be notified. The buyer may request a cancellation of the order, a replacement with a similar product, or a postponement of the delivery until the barrier is resolved.

If the buyer cancels the order and has paid in cash, the full amount will be refunded to the buyer in cash within 14 days of the cancellation.

If the buyer paid by credit card and cancels the order, the product price will be refunded to the bank within 14 days of the cancellation. However, it may take 2–3 weeks for the bank to transfer the funds to the buyer’s account.

BUYER’S OBLIGATION TO INSPECT THE PRODUCT

Before receiving the product/service under the contract, the buyer must inspect it and refuse delivery from the cargo company of any goods/services that are damaged, defective, dented, broken, or whose packaging is torn. Once the product/service is delivered, it is considered to be in an undamaged and proper condition. After delivery, the buyer must protect the product/service with due care. If the right of withdrawal is to be exercised, the product/service must not be used. The invoice must also be returned with the product.

RIGHT OF WITHDRAWAL

The buyer may exercise the right of withdrawal from the contract, without assuming any legal or penal liability and without giving any reason, by rejecting the goods within 14 (fourteen) days from the date the purchased product is delivered to the buyer or to the person/organization indicated by the buyer. This withdrawal must be communicated to ZAREN TRAVEL (the seller) via the contact information given below, within the specified time frame.

CONTACT INFORMATION FOR WITHDRAWAL NOTICE

Name/Title: ZAREN GRUP SAĞLIK VE TURİZM SAN. TİC. A.Ş.

Address: Ataköy 7-8-9-10. Kısım Neighborhood, Çobançeşme E-5 Side Road, No:16/1, Apt. No:130, Bakırköy/Istanbul

E-mail: info@zarentravel.com

Phone: +90 (850) 380 00 34

DURATION OF THE RIGHT OF WITHDRAWAL

If the purchased service is a service, the 14-day period starts on the date the contract is signed.

Where the service has already started upon the consumer’s request and before the end of the 14-day period, the right of withdrawal cannot be exercised for that service.

The costs associated with using the right of withdrawal are borne by the seller.

In order to exercise the right of withdrawal within 14 (fourteen) days, the buyer must send a written notice (via registered mail, fax, or email) to the seller, and the product must be unused as per the provisions in this contract regarding “Products for Which the Right of Withdrawal Cannot Be Exercised.”

EXERCISING THE RIGHT OF WITHDRAWAL

The invoice of the product delivered to the third party or the buyer must be returned (if the invoice for the product to be returned was issued to a business, the return must include an issued “return invoice” from that business; a return cannot be completed otherwise).

The return form, the product’s box, packaging, and any standard accessories must be delivered undamaged and completely.

RETURN CONDITIONS

The seller is obliged to refund the total price to the buyer and any documents that put the buyer under debt within 10 days from receiving the withdrawal notice and to accept the product back within 20 days. If a decrease in the value of the goods occurs due to the buyer’s fault or if returning the product is impossible, the buyer is liable to compensate the seller’s losses to the extent of the buyer’s fault. However, the buyer is not responsible for changes or deterioration caused by the proper use of the product within the withdrawal period. If the use of the withdrawal right reduces the order total below the campaign’s limit, the discount obtained under that campaign is canceled.

PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Products prepared at the request or in line with the buyer’s personal needs and not suitable for return,

Underwear bottoms, swimsuits and bikini bottoms, makeup products, single-use products, products at risk of spoiling quickly or with a likely expiration date,

Products that are unsuitable for return in terms of health or hygiene if the packaging has been opened after delivery,

Products mixed with other items after delivery, and which cannot be separated by their nature,

Newspapers and magazines subject to subscription agreements, other than those provided outside such agreements,

Services performed instantly in electronic form or intangible goods delivered instantly to the consumer,

Sound or video recordings, books, digital content, software programs, data-recording, and data-storage devices, and computer consumables cannot be returned if their packaging has been opened by the buyer, in accordance with the regulation.

Additionally, the right of withdrawal cannot be used for services that have commenced with the consumer’s consent before the right of withdrawal period ends.

For cosmetic and personal care products, underwear, swimsuits, bikinis, books, software/programs that can be copied, DVDs, VCDs, CDs, cassettes, stationery consumables (toners, cartridges, ribbons, etc.) to be returned, the packaging must be unopened, untested, undamaged, and unused.

DEFAULT AND LEGAL CONSEQUENCES

If the buyer defaults on a payment made by credit card, they will pay interest under their credit card agreement with the issuing bank and be liable to the bank. In such cases, the relevant bank may seek legal remedies and demand costs and attorney fees from the buyer. Under all circumstances where the buyer is in default due to failing to pay their debt, the buyer accepts to pay any damages incurred by the seller due to delayed performance of the debt.

PAYMENT AND DELIVERY

You can make a payment by bank transfer/EFT or through the virtual POS methods on ZAREN TRAVEL. Our website allows you to pay online either in a single installment or in installments with a credit card. Once the online payment process is completed, the amount will be charged to your credit card at the end of your order.

DISTANCE SALES AGREEMENT AND PRIVACY POLICY

1– PARTIES TO THE AGREEMENT

This service contract is signed between ZAREN GRUP SAĞLIK VE TURİZM SAN. TİC. A.Ş. (hereinafter referred to as the AGENCY) and the person who approves this agreement to receive the service (hereinafter referred to as the CONSUMER).

2– SUBJECT OF THE AGREEMENT

The subject of this agreement is the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on the Procedures and Principles for the Application of Distance Contracts (Official Gazette: 27.11.2014/29188) regarding the sale and performance of the reservation services for travel activities such as hotel accommodations, flight tickets, car rentals, tours, etc., sold by the Agency to the Consumer.

3– GENERAL PROVISIONS

The Consumer declares that they have been informed by the Agency about the Agency’s trade name, full address, telephone and other access details, the basic features of the service subject to sale (including taxes in the sales price), payment method, how the right of withdrawal can be used, official authorities to which they can address complaints and objections, etc., in a clear and comprehensible manner suitable for the internet environment, and that they have verified this preliminary information electronically and/or by phone or email, and subsequently approved the reservation and the contract.

The Consumer accepts to receive all information, documentation, and any subsequent email and SMS notifications regarding the reservation made through the online system from the Agency.

Consumers who are parties to the service but have not signed the contract themselves are deemed to have accepted the terms of the contract once it has been approved by the authorized Consumer on their behalf. The Agency reserves the right of recourse against other Consumers.

If the service subject to the contract is used by a person other than the Consumer and that person refuses acceptance of the performance, the Agency bears no responsibility.

If, after the service has been performed, the relevant bank or financial institution does not pay the Agency due to the consumer’s credit card being used unlawfully by unauthorized persons, the Consumer will be liable to compensate any damages incurred.

After the service in question has been performed, if for any reason (including unauthorized or illegal use claims regarding the Consumer’s card, without the Agency’s fault) the bank or financial institution does not pay the service fee to the Agency, the Consumer will be liable for the service fee plus any damages from the date of reservation, along with legal interest.

4– MUTUAL RIGHTS AND OBLIGATIONS

If the Consumer alleges that the purchased service is defective and refuses acceptance, they must immediately notify the Agency and the accommodation facility in writing. Otherwise, the Consumer is deemed to have accepted the performance and used the service. In case the accommodation facility does not possess the specified qualifications or is unable to provide service, responsibility lies with that facility. The Agency can direct the consumer to an equivalent or higher-level facility. Should the Consumer refuse such a change, they are entitled to a refund of the amount paid for the reservation, without claiming any compensation from the Agency.

If force majeure prevents the fulfillment of this contract, the affected party will promptly notify the other party in writing. In the event of cancellation due to force majeure, the Agency is responsible only for returning the amounts it can recover from the service providers from whom it procures or mediates the service. The Agency cannot be held responsible for any amounts it is unable to recover.

If the Consumer departs early on the grounds that the service is defective—whether due to force majeure or otherwise—the Consumer must provide written notice to the Agency representative and the facility at which they are staying. Whether any refund is granted is at the discretion of the cooperating hotel/company/provider. Any applicable penalty fee is invoiced to the Consumer.

Depending on the travel product purchased (airline tickets, hotel, other providers, etc.), the Consumer must first address dissatisfaction with the direct provider (the hotel, airline, etc.). In the event of legal action or complaints, the Consumer must name the actual provider (e.g., the hotel) as the defendant. No claim for material or moral damages can be made against the Agency on this basis.

For early booking periods or other periods (except for system errors), no additional difference is charged to the customer in the event of a price increase, nor is any refund made for subsequent promotional or “action” discounts announced by the facility.

The owner bears all responsibility for baggage and its contents; the Agency assumes no liability for loss, theft, or damage. The Consumer must comply with the laws and practices applicable to the vehicle they use and the facility where they stay. Where travel insurance has been purchased, the scope of coverage for incomplete or defective performance, damage, or loss is determined by the relevant insurance provider’s policy. The Agency bears no responsibility for the content, scope, or application of these insurance coverages.

5– CANCELLATION, WITHDRAWAL, AND CHANGES

If, despite the Agency’s due diligence, a force majeure or any situation caused by the service providers, hotels, airlines, tour companies, or third parties prevents the start or continuation of the service, the Agency may cancel the contract. The Consumer shall be informed of this situation as soon as possible. The Consumer has no right to compensation. The Agency may, at its sole discretion, refund the cost of unused services to the Consumer in whole or in part.

The cancellation and refund conditions for the service purchased by the Consumer are also governed by rules from the relevant providers; each provider may have different policies. Such conditions are clearly stated in our travel portal system before the purchase of the relevant product/service. By purchasing the service, the Consumer is deemed to have accepted these conditions. If the Consumer fails to notify in writing within 24 hours that they have missed the start and will accept the service later, the Agency may cancel all reservations made on behalf of the Consumer after 24 hours. In such cancellations, no refund will be made to the Consumer.

If deemed necessary, the Agency may partially or completely cancel the services it has announced or recorded, up to 7 days prior to the scheduled start. If the Consumer does not accept such changes or cancellations, they have the right to cancel their reservation and receive a full refund within 10 days.

If the Consumer cancels the contract before the start of the service, any refund of the service fee is determined by which company/hotel/airline/provider is involved and their specific cancellation and refund policies. Date changes made by the Consumer are treated as cancellations, and the prices valid on the new date of service apply.

If it becomes impossible for the Consumer to continue with the purchased service, the Consumer must inform the Agency in writing at least 7 days before the departure date. A transfer of reservation to a third party (hotel, tour, etc.) is subject to the rules of the provider from which the service/product was purchased. For example, airline or flight tickets typically do not allow for any transfer or name change. Where a transfer is possible, the original purchaser and the transferee are jointly liable to the Agency for the service fee and any additional expenses arising from the transfer.

If the Consumer’s reservation is canceled by reason of illness or death affecting the Consumer or a first-degree relative for a period of 10 days, as documented by an official report from a fully equipped state hospital, then the reservation may be canceled without penalty. This depends on the rules of the relevant provider. In cases where no supporting report is provided or the documentation is incomplete, the Consumer cannot make any claim.

6– RIGHT OF WITHDRAWAL

According to Article 15 of the Distance Contracts Regulation, the right of withdrawal does not apply to the products/services under this agreement. However, valid cancellation conditions for reservations are explained above.

7– CONFIDENTIALITY

Information provided by the Consumer under this contract, as well as payment-related information given to the Agency, shall not be shared with third parties unless there is an administrative or legal obligation to do so. Credit card information is used only for secure transmission to the relevant banks to obtain authorization during the collection process and is never stored. All data relating to the credit card is deleted from the system after authorization is obtained.

8– OTHER PROVISIONS

In matters not covered by this contract, the Law No. 1618, Law No. 6502 on the Protection of Consumers, IATA, IHA, UFTAA Convention provisions, Turkish Code of Obligations, Turkish Commercial Code, international agreements to which Turkey is a party, and all relevant regulations, circulars, and communiqués issued under these laws shall apply.

Applications for resolving disputes arising from the implementation of this contract may be submitted to the competent Consumer Arbitration Committees or Consumer Courts. Even if consumers have not been able to sign this contract for any reason (e.g., purchasing by mail order, virtual POS, bank transfer/EFT), they are deemed to have learned of and accepted these terms via catalog, the website, or public announcements, and to have undertaken to acquire this reservation contract under the written terms stated herein.

Sincerely,

ZAREN GRUP SAĞLIK VE TURİZM SAN. TİC. A.Ş.

PRIVACY POLICY

At ZAREN TRAVEL (ZAREN GRUP SAĞLIK VE TURİZM SAN. TİC. A.Ş.), the data of all individuals—whether employees or visitors/users—is confidential. No one may use, copy, reproduce, transfer such data to others, or use it for purposes other than business purposes without appropriate contractual or legal authorization.

User Account Security

Do not share with anyone the username and password you created when registering on our site.

When creating your password, we recommend using a combination of numbers, letters, and special characters that would be difficult for anyone else to guess.

If you share your password or user information with third parties, or if this information is obtained by third parties, it may result in important data—such as your user information and reservation details—being controlled by unauthorized persons. In such a case, you will be responsible for all actions performed through your user account. You may be the addressee of legally binding transactions carried out by others on your behalf.

If you believe the security of your password has been compromised for any reason, you should change it immediately.

Transaction Security

ZAREN TRAVEL takes all necessary technical and administrative measures to protect the personal data it collects, prevent unauthorized access, and avoid any inconvenience to our customers and prospective customers. This includes:

Ensuring that software complies with relevant security standards,

Carefully selecting third-party service providers,

Enforcing data protection policies and controls within the company,

Continuously updating and improving security measures.

Protection of Your Personal Data

You may share personal data with us during your visit to the site or when you become a member and make a reservation. For more detailed information on how we collect, process, and transfer your personal data, and on how you can exercise your related rights, please see our Information Notice on the Protection of Personal Data.

Auditing

ZAREN TRAVEL conducts necessary internal and external audits regarding personal data protection on a regular basis.

Notification of Violations

ZAREN TRAVEL takes immediate steps to remedy any notified violation regarding personal data. We minimize the impact on the affected party and provide compensation if necessary. If personal data is accessed by unauthorized persons from outside, we promptly notify the Personal Data Protection Authority. You can also lodge complaints about violations according to the methods specified at www.zarentravel.com.

Contact

For questions or requests related to the privacy agreement, please fill out and print the form below and send it by registered mail to the address provided, or use the contact details below:

ZAREN GRUP SAĞLIK VE TURİZM SAN. TİC. A.Ş.

Ataköy 7-8-9-10. Kısım Neighborhood, Çobançeşme E-5 Side Road, No:16/1, Apt. No:130

Bakırköy / Istanbul

E-mail: info@zarentravel.com

Phone: +90 (850) 380 00 34

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement is signed between the following parties, under the terms and conditions specified below:

BUYER (CONSUMER):

Name-Surname: …

Address: …

SELLER (ZAREN TRAVEL / ZAREN GRUP SAĞLIK VE TURİZM SAN. TİC. A.Ş.):

Address: Ataköy 7-8-9-10. Kısım Neighborhood, Çobançeşme E-5 Side Road, No:16/1, Apt. No:130, Bakırköy/Istanbul

Phone: +90 (850) 380 00 34

E-mail: info@zarentravel.com

By accepting this Agreement, the Buyer agrees and declares in advance that they will be under the obligation to pay the order total as well as any additional fees (such as cargo, taxes, etc.) specified if they approve the order, and that they have been informed accordingly.

2. DEFINITIONS

For the purposes of implementing and interpreting this Agreement, the terms below shall have the following meanings:

MINISTER: The Minister of Trade

MINISTRY: The Ministry of Trade

LAW: Law No. 6502 on the Protection of Consumers

REGULATION: The Distance Contracts Regulation

SERVICE: Any consumer transaction other than supplying goods, carried out or undertaken for a fee or benefit

SELLER: The company providing goods or services to the consumer within its commercial or professional activities, or acting on behalf or account of the party providing the goods

BUYER: A real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes

SITE: The internet website owned by the Seller

ORDER PLACER: The real or legal person who requests goods or services via the Seller’s internet website

PARTIES: The Seller and the Buyer

AGREEMENT: This contract made between the Seller and the Buyer

GOODS: Tangible items that are subject to shopping, and intangible items such as software, audio, video, etc., prepared for use in electronic form

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation regarding the sale and delivery of the product(s) listed below—whose specifications and sale price are indicated—ordered by the Buyer electronically on the Seller’s website. The listed prices and promises on the site remain valid until they are updated or changed. Prices announced for a specific duration remain valid until the end of that period.

4. SELLER INFORMATION

Trade Name: ZAREN GRUP SAĞLIK VE TURİZM SAN. TİC. A.Ş.

Address: Ataköy 7-8-9-10. Kısım Neighborhood, Çobançeşme E-5 Side Road, No:16/1, Apt. No:130, Bakırköy/Istanbul

Phone: +90 (850) 380 00 34

E-mail: info@zarentravel.com

5. BUYER INFORMATION

Name of the Person to be Delivered: …

Delivery Address: …

Phone: …

E-mail/Username: …

6. INFORMATION ABOUT THE ORDER PLACER

Name-Surname/Company Name: …

Address: …

Phone: …

E-mail/Username: …

(If the Buyer is the same person, there is no need for separate details.)

7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT

The main qualities of the goods/products/services (type, quantity, brand/model, color, quantity) are available on the Seller’s website. If a campaign is organized by the Seller, you can review the main characteristics of the relevant product during the campaign period. It is valid until the campaign date.

Prices: The listed prices on the site are the selling prices. The announced prices and promises remain valid until they are updated or changed. If they are announced for a certain period, they remain valid until the specified deadline.

8. BILLING INFORMATION

Name-Surname/Company Name: …

Address: …

Phone: …

E-mail/Username: …

Billing Delivery: The invoice will be delivered together with the order to the invoice address at the time of delivery.

9. GENERAL PROVISIONS

9.1. Information and Acceptance

The Buyer declares, acknowledges, and undertakes that they have read and understood the basic characteristics of the product subject to the contract, its sales price, payment method, and preliminary information regarding delivery on the Seller’s website, that they have verified this information electronically, and subsequently approved the order.

9.2. Delivery Time

Each product subject to the contract shall be delivered within the legal limit of 30 days at most, depending on the distance of the Buyer’s place of residence, as stated in the preliminary information on the website.

10. RIGHT OF WITHDRAWAL

If the distance contract is for the sale of goods, the Buyer may exercise the right of withdrawal within 14 days from the date the product is delivered to the Buyer or to the person/organization designated by the Buyer, by notifying the Seller without any justification and free from any penal consequences.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Products prepared in line with the personal needs or requests of the Buyer, bottom parts of underwear, makeup products, single-use items, and similar products are not covered by the right of withdrawal.

12. DEFAULT AND LEGAL CONSEQUENCES

If the Buyer defaults on a credit card payment, they accept and undertake that they will pay interest in accordance with their credit card agreement with the bank and shall be responsible before the bank.

13. COMPETENT COURT

In the event of disputes arising from this contract, complaints and objections may be submitted to the Consumer Arbitration Committee or Consumer Court in the jurisdiction where the consumer is domiciled or where the consumer transaction took place.

14. ENFORCEMENT

When the Buyer completes payment for the order placed through the website, they are deemed to have accepted all the conditions of this contract. The Seller is also obliged by this contract once the order is confirmed.

Kind regards,

ZAREN GRUP SAĞLIK VE TURİZM SAN. TİC. A.Ş.

Ataköy 7-8-9-10. Kısım Neighborhood, Çobançeşme E-5 Side Road

No:16/1, Apt. No:130, Bakırköy/Istanbul

Phone: +90 (850) 380 00 34 – E-mail: info@zarentravel.com

www.zarentravel.com

Date: …/…/20…

BUYER (CONSUMER): …