Website Terms of Use

purcunda.com · Terms of Use

Website Terms of Use

Introduction

"purcunda.com" (the "Website") is a website registered in the name of PÜR OTELCİLİK VE TURİZM İŞLETMELERİ A.Ş., whose commercial headquarters are located at "Caddebostan Mah. Funda Çıkmazı Sk. No: 2-6 İç Kapı No: 6 Kadıköy/İstanbul".

Before using our website, we kindly ask you to carefully read these terms of use (the "Terms of Use"). These terms of use are legally binding. By visiting our website, you are deemed to have read and accepted the conditions below, which set out the rules for using our site. If any of the conditions set out in the terms of use are not acceptable to you, please do not use this service. The terms of use apply to any use of the website (obtaining information, reservation requests, payment transactions, etc.). Our aim is to offer you a pleasant, safe and transparent digital experience. The person approving these terms of use will be referred to as the "User".

Scope of Services and Information

• Our website provides access to the services offered to our customers under our PÜR Recording Studio, TEN Hotel, TEN Restaurant & Bar and TEN Beach brands (all referred to in these terms of use as "PÜR Cunda"), operating under the same corporate umbrella — including facility features, contact details, online reservations and online payment transactions.
• The information displayed on our website (facility information, features, pricing, contact details, etc.) is presented to you in its most up-to-date form. The information provided on our website is deemed complete and accurate. PÜR Cunda reserves the right to correct errors arising from discrepancies caused by possible technical delays or updates, and this does not grant the User any additional right or benefit. Reservations made on the basis of prices that are manifestly published in error, or of exhausted availability, due to system errors, software delays or database synchronisation problems, are not binding. PÜR Cunda reserves the right to cancel such erroneous transactions, to revise them at the correct price after informing the user, or to void the reservation by refunding the payment in full.
• All texts, photographs, logos and designs on our website belong to PÜR Cunda. Copying them for commercial purposes or sharing them on other platforms without permission is prohibited. Breach of this prohibition may result in PÜR Cunda exercising all of its legal claims.
• PÜR Cunda may at any time make changes to the services provided via the website, carry out updates, add or remove services, and organise campaigns and discounts. Keeping track of all these matters is the User's responsibility.

Rules of Use

• Use of our website is suitable for Users aged 13 and over. To make reservations and payments via our website, you must be at least 18 years old.
• The accuracy and completeness of the information shared with PÜR Cunda during a reservation via our website (personal details, reservation dates, reservation and usage preferences, contact details, number of persons, etc.) is entirely the User's responsibility. If the User provides incorrect information, your reservation may be cancelled.
• The User agrees not to gain unauthorised access to the services.
• The User accepts that they assume the responsibility arising from their use of the Services, that they will not use the Services in breach of any law, regulation or circular as set out in this User Agreement, and that they will not direct others to such use.
• The User agrees not to cause any damage to the servers, not to hack the servers; to refrain from any behaviour that incites crime; not to distribute or use computer code containing viruses, malware, traps or worms in any way; in other words, to refrain from behaviour that would prevent other persons from receiving the Service.
• The User agrees not to use the PÜR Cunda, PÜR Recording Studio, PÜR Cunda Recording & Residence, PÜR Hotel, TEN Restaurant, TEN Restaurant&Bar, TEN Hotel or TEN Beach brands, or anything similar to them, in any harmful manner; otherwise, the User will be liable to compensate for the damages.
• Certain anonymous information is automatically recorded during visits to the website, which may include the type of browser used, the server name and the IP address used to access the internet, the date and time the website was visited, other pages visited while the website browser was open and, if any, the hyperlinks that brought you directly to the website. This information does not constitute personal information, as it is not possible to identify any individual through it. Please review our privacy policy regarding the confidentiality of your personal data.
• There may be links that take the User away from this website or that allow this website to be reached from third-party sites. These linked sites are not under the control of PÜR Cunda. PÜR Cunda is not responsible for the content of these linked sites and/or any link contained in the linked sites. Linking to third-party sites does not constitute an endorsement by us of any linked site or of the products and services available on such a site. PÜR Cunda will not be liable for any damage or penalty incurred as a result of any access or redirection via the Website.

Reservations, Cancellation and Refunds

• Reservation cancellation, change and refund processes are set out in the hotel terms of use, the distance sales agreement and the preliminary information form. Detailed information is also shared with you at the time of reservation confirmation. By submitting a reservation request via the website, the User is deemed to have accepted the terms of use relating to the service reserved (accommodation, studio, restaurant and combined packages). The User accepts that the room rate selected when making a reservation via the website (refundable, early booking, non-refundable, etc.) is subject to its cancellation and change conditions. For specially priced or promotional room reservations designated as 'Non-refundable', no refund will be made under any circumstances, even if the reservation is cancelled by the user.
• Only the services expressly stated in the reservation summary are included in services purchased via the website. Unless stated otherwise, all extra services will be charged separately upon departure from the facility.

Payments and Security

• Payments made via our website are carried out in accordance with the most current security standards (SSL certificates and secure payment infrastructures). Your credit card or debit card details are not stored in our own systems; this information is transmitted directly to the contracted secure payment institution. If the User saves their credit card details via the payment institution's interface, PÜR Cunda bears no responsibility for this storage. The User is personally responsible for the use of this system and for the security of their own account/password, and accepts that in the event of security breaches arising from the card storage infrastructure, the primary responsible party is the relevant licensed payment institution. The registration and use of credit card and debit card details in the payment system is entirely the User's responsibility.
• For payments made through the Online Payment System, in the event of unlawful use of the credit card or debit card by someone other than the cardholder, action will be taken in accordance with the Bank Cards and Credit Cards Law No. 5464 dated 23.02.2006 and the Regulation on Bank Cards and Credit Cards published in the Official Gazette No. 26458 dated 10.03.2007.
• For payments made via purcunda.com, PÜR Cunda may use the 3D Secure payment system for transaction security. The Online Payment System infrastructure is provided by Yapı Kredi Bankası A.Ş.
• In disputes that may arise regarding unauthorised use of the card, the rules of the relevant banks and financial institutions apply. If the User's credit card or debit card details are stolen, copied or lost, this must be reported to PÜR Cunda. Otherwise, PÜR Cunda cannot be held responsible for payments made by unauthorised persons.

User Obligations and Indemnity

The User has agreed that, in the presence of the situations listed below — and in the case of any breach of law or of the Terms of Use, without limitation to these — if any lawsuit is filed against, or any right or claim is asserted against, PÜR Cunda, its directors, partners, affiliates, subsidiaries, employees, representatives, suppliers or agents, the User will compensate all damages of these persons:

• The User's unlawful use of the Website,
• The User's breach of these Terms of Use and related undertakings,
• The User's infringement of any third party's intellectual property rights or personal rights,
• The User publishing statements of a defamatory, unfair-competitive or disparaging nature on the website, on social media and, without limitation, in various other media, or making such statements verbally or in writing,
• The User interfering in any way with the content of the Website,
• The User damaging purcunda.com, the Website or the Services by means of reverse engineering, decompilation or reversal, or acting in a manner that would give rise to civil and/or criminal liability in respect of the system or information system,
• The User interfering or attempting to interfere with the Website or the Services by sending viruses, overloading, "spam", "mail bombing" or "crashing",
• The User using the Website for harmful e-mail sending of a spam nature, promotion or advertising services, or damaging PÜR Cunda in any way or obtaining an unfair benefit by exploiting any systemic or technical vulnerability arising from PÜR Cunda's campaigns or software.

If you act contrary to any provision of this User Agreement, engage in conduct involving deception or fraud, or engage in any other unlawful conduct via the website, in addition to all our rights arising from the law, we may suspend or terminate your access to the Services unilaterally and without notice to you.

Disclaimer of Liability

To the fullest extent permitted by applicable law:

• (a) PÜR OTELCİLİK VE TURİZM İŞLETMELERİ A.Ş. shall not be liable — under any contract, tort (including negligence), strict liability or other theory — for any indirect, incidental, consequential, special, exemplary or punitive damages, including damages for loss of profits, use of data, loss of other intangible assets, or loss of submission security (including the interception of any submission by third parties), even if the possibility of such damages or losses has been advised in advance;
• (b) without limiting the foregoing, PÜR OTELCİLİK VE TURİZM İŞLETMELERİ A.Ş. shall not be liable for damages arising from your use of, or inability to use, the service — including disputes with another service user — or from any product listings or transactions or transfers relating to product listings, or from third-party materials;
• (c) your sole and exclusive remedy for dissatisfaction with the service and third-party materials is to stop using the service;
• (d) the maximum aggregate liability of PÜR OTELCİLİK VE TURİZM İŞLETMELERİ A.Ş. for all damages, losses and causes of action arising from contract, tort (including negligence) or otherwise shall be limited to the total amount of any payment made by you to the company for your use of the service, if any. Any limitation of liability (in this section or elsewhere in the agreement) shall apply to the company, its affiliates and, respectively, their successors and assigns.

PÜR Cunda accepts no responsibility or liability for any application found on the website; it makes no undertaking that the website will operate uninterrupted or error-free, or that faults will be repaired. PÜR Cunda makes no undertaking that the website is compatible with your computer, or that the website or its service provider is free of viruses, worms or "Trojans"; it is not responsible for damages you may suffer as a result. PÜR Cunda is furthermore not responsible for the reliability or continuous availability of the telephone lines and equipment used to access the website.

Amendments and Termination

• PÜR Cunda may amend these Terms of Use at any time. It is the User's responsibility to keep track of changes to the Terms of Use. Continued use of the website despite a change means that the User has accepted the changes to the Terms of Use.
• PÜR Cunda has the right, at its own discretion, to change the content or technical features of any element of the Website. PÜR Cunda may, without prior notice, amend these Terms of Use; change the Website and/or the Service; or discontinue use of the Website and/or the Services. In the event of any change to these Terms of Use, PÜR Cunda will upload it to the Website and the change will take effect from the date of upload. It is the User's responsibility to periodically review these Terms of Use and other online policies uploaded on the Website and to stay informed of changes in this way.
• If the User acts contrary to any provision of these Terms of Use or uses the services unlawfully in any way, or if there is any suspicion thereof, PÜR Cunda may — without prejudice to its right to take further measures and without notice to you — restrict, suspend, stop or terminate your access to your account or the services, or delete your account. Without prejudice to our other enforcement rights, in the event of conduct contrary to the terms of use, or the User's infringement of our or third parties' intellectual property rights, PÜR Cunda may restrict or terminate the user's access; may stop the use of the services and access to our website; or may terminate use with immediate effect by taking any technical and legal measures. Furthermore, if the User causes any legal risk, PÜR Cunda may apply the sanctions under this clause and, in line with its unilateral decision, may suspend or terminate the accounts of users who infringe the intellectual property rights of others.
• These Terms of Use may be terminated by PÜR Cunda at any time. If the Terms of Use are terminated by PÜR Cunda, the User will be informed by a message sent to the e-mail address provided by the User at registration. The relevant e-mail message will be deemed delivered within 24 hours of its transmission, and the termination will take effect as of that time. It is the User's responsibility to notify changes to their e-mail address. If the User wishes to terminate the Terms of Use, a message must be sent to info@purcunda.com.
• Termination of the Terms of Use by the User does not mean that the User's obligations as at the date the Terms of Use were in force cease to exist. The User must fulfil all obligations up to the date of termination, including paying the purchase price of products.
• If any provision of these Terms of Use is found invalid by a competent court, the invalidity of that provision shall not affect the validity of the other provisions of the Terms of Use; the remaining provisions shall continue to have the same force and effect. Waiver of any provision of these Terms of Use does not mean a permanent waiver of that provision or of other provisions.

Force Majeure and Technical Interruptions

• PÜR Cunda shall not be liable to its users if it is unable to perform the Services due to unforeseeable events occurring outside its control. These include war, terrorism, embargo, fire, flood, earthquake, civil or military coup attempts, pandemic events, and sudden and severe technical failures, fires or flooding occurring in or affecting the hotel, restaurant, bar, studio or beach building/area or its infrastructure that make accommodation physically impossible or threaten life safety. In such cases, PÜR Cunda cancels the reservation and refunds the fee in full, and no further compensation obligation arises towards the user.
• PÜR Cunda may temporarily or entirely suspend the performance of its Services in the event of technical problems or problems arising from software updates. Any suspension of the system due to technical problems will be remedied as soon as possible. You accept that you have no right to claim any right, receivable or compensation from PÜR Cunda arising from the suspension of the system for the stated reasons.

Protection of Personal Data

The personal data and payment information you share with us while using our website are processed with great care in accordance with the Personal Data Protection Law No. 6698 (KVKK). For detailed information, please visit our Website Privacy Notice page.

Dispute Resolution and Contact

In the event of a dispute arising between you and PÜR Cunda, we encourage resolution through good-faith negotiations conducted by contacting PÜR Cunda via the channels below. If a dispute arising between the User and PÜR Cunda cannot be resolved by good-faith means, you accept that Turkish Law will apply to the dispute and that the İstanbul (Çağlayan) Courts and Enforcement Offices will have jurisdiction.

You can reach us through the following channels for any questions, suggestions or cancellation requests:

• E-mail: info@purcunda.com
• Phone: +90 266 999 10 10
• Address: Caddebostan Mah. Funda Çıkmazı Sk. No: 2-6 İç Kapı No: 6 Kadıköy/İstanbul