Ela Partners Contract

1.    SUBJECT:

These Terms and Conditions regulate the rules and conditions regarding the Agency Bonus System, which was established to enable the Agency member of the Agency Bonus System to earn “Ela coins” for all stays at the Ela Excellence Resort Belek facility of Aktay Otel İşletmeleri A.Ş. (the “Hotel”), and to use the Ela coins earned as “free (comp.) overnight stay at the Hotel” in the reservations to be made “through the Ela Agency Relations Department”; thereby supporting the Agencies and encouraging competition. 

AGENCY BONUS SYSTEM

2.1 How the Agency Bonus System Works:

“Agency Bonus System” is a system that allows the Agency to use the ‘Ela coins’ earned from the stays realized in relation to the sales made by the Agency as “free (comp.) overnight stay in the hotel” in the subsequent reservations to be made only through the Ela Agency Relations Department and, for this reason, Ela coins shall not be used in sales to be made through the Operator, paid in currency to the Operator/Agent, set off in cash from the debts and receivables of the Operator/Agent or used for reservation payments and in-hotel expenses other than using Ela coins as the free (comp) overnight stay right of the Agent at the Hotel. According to the Agency Bonus System, Ela coins are not a payment method and can only be used by the Agency as a free overnight stay for reservations made through the Ela Agency Relations Department.

2.2 Registration Request: 

The Agency will complete the contact information on the Agency registration screen at https://www.elahotels.com/ to request registration in the system and upon approval of the Terms and Conditions, the Agency will upload the “Certificate of Activity” to the Agent Bonus System and send the registration request to the Hotel. The Hotel will evaluate whether the Agency meets the requirements to enter the Agency Bonus System and may reject the registration request if the Agency does not meet the requirements, and if the Agency meets the requirements or the deficiencies can be eliminated, the Hotel will approve the Agency's registration request to the Agency Bonus System after these deficiencies are eliminated. Otel has the sole say on whether or not to accept the registration request of the Agent to the Bonus System and the inclusion of the Agent in the Bonus System, and the Agent cannot raise any objection or claim damages in this regard. 

2.3 Acceptance to Agency Bonus System 

The Hotel examines the Agent's request for registration in the Agent Bonus System, which is transmitted to the Hotel through the system, and if the Agent's request is found to be inappropriate, the Hotel returns to the Agent via the communication channel (e-mail) regarding the reason for rejection. If the Agent's request for registration in the Bonus System is due to a deficiency that can be remedied, the Agent may request re-registration after the deficiency requested to be remedied by the Hotel in the reason for rejection is remedied. If the Hotel determines that the Agent meets all the conditions required for registration in the system, the Hotel accepts the registration request of the Agent and opens an account “on behalf of the Agent” by creating an ID (identification) number in the System. Upon the creation of an account on behalf of the Agent by the Hotel, the “registration confirmation” is sent to the Agent via the communication channel (e-mail) and thus the Agent is accepted to the Bonus System.

 2.4 Access to Agency Bonus System: 

When the hotel creates an account in the Agency Bonus System on behalf of the agency, an acceptance e-mail is sent to the agency. A link to log in to the system and create a password is sent in the e-mail.  As stated in Article 4 of these Terms and Conditions, the password is personal to the Agent and the Agent must change the password for the first use with a password to be determined securely, prevent unauthorized persons other than those defined as the User from accessing the system and password, and keep it by giving importance to its confidentiality and taking the necessary precautions. 
The Agency will add the “User” information after logging into the system. The User is the authorized person of the Agency and/or the personnel authorized by the Agency to use this system and the Agency accepts and guarantees that the User defined in the system is fully authorized for all transactions to be performed on the system on behalf of the Agency. The Agent may define any number of Users to the Bonus System. All Users must be the authorized representative of the Agency in terms of the Turkish Commercial Code and other legislation or an employee (worker) in terms of the Labor Law. The Agency is obliged to provide all necessary information to the Users to be registered in the System in terms of KVKK and to obtain their approvals in terms of both KVKK and ETK, to share them with the Hotel upon the request of the Hotel, not to define the persons who do not give consent as Users in the System, as well as to inform the Hotel immediately in case of the termination of the duties of these persons, to assign a new User and to inactivate the account of the User whose duty has expired. The Agency accepts and declares that it has all the liability regarding the User transactions and in the matters listed, that the transactions made are made on behalf and account of the Agency, and that the Hotel does not have any compensation or legal liability for transactions made by the unauthorized User. The Hotel reserves all kinds of contractual and legal rights, including suspending, restricting access to, or completely blocking the account of the relevant User and, if necessary, the Agent, in case the Hotel concludes that transactions are made by an unauthorized User, that the Users violate the security, confidentiality or terms and conditions of the Terms and Conditions, and that the Agent does not comply with the terms and conditions of the Terms and Conditions.  

2.5 Conditions to Win the Agency Bonus System “Ela coin”:
 
The Agency will earn “Ela coins” only for the stays realized from the reservations made by the Hotel for the Ela Excellence Resort Belek facility (The Hotel reserves the right to determine the Facilities included in this Agency Bonus System and to make unilateral changes to the Facilities.). Accordingly, the Agency is obliged to upload the vouchers of the reservations to be made to the Agency Bonus System within 3 days from the reservation date. Even if the accommodation of the voucher that is not uploaded to the system within 3 days from the reservation date is realized, it will not be possible to earn Ela coins from this accommodation.
In order to earn Ela coins, the Agency can make reservations through the Hotel's contracted Operators. Contracted Operators are defined in the Agency Bonus System. The invoice process for the reservation made and the payment of the reservation price to the Hotel is followed through the accounting record and current account of the Operator to which the Agent is affiliated. Payment of the reservation fee is the responsibility of the Operator.

Upon uploading the voucher for the reservation made through the Operator to the Agent Bonus System, the Agent can see the estimated amount of Ela coins for this reservation, but the Ela coins will be loaded into the “Agent's” Ela coin account and become available after the accommodation is realized. In case of no-show, it is not possible to earn Ela coins. In case of late start of stay or early departure, the number of days actually stayed is taken into account. Regardless of which User of which Agency makes the reservation, the “Agency's Ela coin balance” will be taken as basis for the loading and spending of the Ela coins earned. 
Unless otherwise stated by the Hotel, the estimated Ela coin calculated according to the reservation made by the Agent and the voucher notified by the Hotel will be credited to the Agent's account in a way that corresponds to the Ela coin, based on the price of the accommodation actually realized by the Hotel. Ela Coin values based on room type and accommodation period (daily stay) are given in the table below. 1 Ela Coin can be spent for 1 Euro. The Agency's Ela Coins are valid for 36 months. At the end of this period, the Agency will lose the privileges it has based on Ela coins. The scoring system and point value for earning points can be changed unilaterally by the Hotel.

2.6 Spending Conditions of Agency Bonus System “Ela coin”: 

The Agent can use the Ela coins defined to him/her “as a free (comp.) overnight stay at the hotel” in the next reservations he/she will make only through the Ela Agent Relations Department and not through the Operator. When calculating how many free nights the Agent can spend by spending the available Ela coins, the overnight stay prices in Euros based on the reservation announced at https://www.elahotels.com/ will be taken as basis, and 1 Ela coin will be considered equal to 1 Euro in the expenditure calculation. The scoring system and point value regarding the spending of points may be changed unilaterally by the Hotel.
The agency may use Ela coins in an amount corresponding to a minimum of 1 (one) night free accommodation right in the reservations to be made. It is not possible for the agency to use Ela coins as a free (comp.) overnight stay for less than 1 (one) night.

It is not possible to apply Ela coins as a discount on room rates or as an accommodation discount (upgrade) in a higher room type category in the Agent's reservation. 

To explain with an example, in a reservation made by the Agent for 5 nights, although it is possible for the Agent to spend Ela coins for 2 nights of free accommodation and invoice the Operator for the remaining 3 nights, it is not possible for the Agent to use the right to a free night that is not equivalent to 1 full night or to use Ela coins to discount the reservation price in foreign currency equivalent to Ela coins.
 
It is not possible for the Agency to use Ela coins for in-hotel expenses, payment of the reservation price, reflecting it as a discount on the reservation price, or as a room upgrade right, except for “using Ela coins as a free (comp.) overnight stay right”. 

Ela coins are valid for 36 months and will be automatically deleted at the end of this period.

2.7 Spending Method of Agency Bonus System “Ela coin” 

After the Ela coins earned from the accommodations sold through the Agency Operators are reflected in the Agency Bonus System, if the Agent wishes to use the Ela coins as free room accommodation in the next reservations to be made from the Ela Agency Relations Department, the date range, guest information and room type based on the reservation request are sent to the Ela Agency Relations Department via the Agency Bonus System with the “Reservation Request Form”.

According to the availability of the Hotel, the Hotel notifies the Agent of the price based on the reservation subject to the Reservation Request Form, the free overnight stay period for which the Agent can use Ela coins and the appropriate reservation date range.

In accordance with the date range and room type notified by the Hotel, if the Agent wishes to use the free overnight stay right to use Ela coins, the Agent shall submit this request to the Hotel.  
After the booking confirmation, when the accommodation related to the reservation made by the Agent is realized, the amount of Ela coins for the free overnight stay right used is deducted from the Agent's balance in the Agent Bonus System account. 

The comparison of points earned and points spent can be reported on Agency basis and weekly through the System.  

2.    OTHER CONDITIONS

2.1.    It is not possible for the Agency to apply for more than one registration to the Agency Bonus System or for the Agency to create separate accounts for its Users, as an Agency-based account will be created in the System and an ID will be defined for the Agency. It is not possible to earn or spend points on a User basis in the System, Users can earn and spend Ela coins on behalf of the Agency to which they are affiliated.
 
2.2.    Ela coins earned by the Agency from the reservation made can only be processed as a free accommodation request for reservations to be made after the accommodation of the reservation is realized. The Hotel will evaluate the requests for spending Ela coins for free accommodation according to the availability of the Hotel and may offer the Agent a different date, room type or free accommodation period if there is no availability. 

2.3.    The advantages, benefits and opportunities to be offered to the Agent within the scope of the Agent Bonus System may be subject to date, quota and service limitations and other restrictions determined by the Hotel. The Hotel may make extra arrangements and changes regarding the acquisition and use of certain services.

2.4.    The number of Ela coins credited to the Agent's account is determined according to the terms and conditions of the Agent Bonus System in force at the time of the stay on which the Ela coins are earned. The Hotel is the sole discretionary authority over these conditions and the Hotel may change the Ela coin earning and the benefits and conditions that the Agent may benefit from at any time. Therefore, the earning of Ela coins by the Agent, subject to the Agent Bonus System, does not mean a vested right for the Agent in terms of the benefits and conditions.

2.5.    The Hotel is the sole authority to evaluate the Agent's Agent Bonus System balance and participation in the program and to evaluate whether the Agent is entitled to Ela coins and similar disputes, and the Hotel has the right to cancel the points processed and correct the records if the Hotel is of the opinion that Ela coins have been incorrectly processed into the Agent's account or that the Agent has violated the system. In the event that the Agent violates the Agent Bonus System, uses it in bad faith, provides false or inaccurate information, or if the Agent benefits from privileges, discounts and benefits by using Ela coins that are improperly, erroneously or contrary to the specifications; The Hotel will charge the Agent with a penalty fee for each violation (not less than three times the Euro equivalent of the Agent's Ela coins available in the system) in the amount of the total reservation price of the Agent. The Hotel reserves the right to take legal action for the compensation of damages. The Hotel may claim the penalty clause amount even if the Hotel terminates the Agency's membership (has exercised its right of termination). The Agency accepts that it has no objection to the penal clause conditions and that it is obliged to pay the penal clause amount that will accrue if the specified conditions occur as a prudent merchant.

2.6.    The Hotel accepts no responsibility for any taxes, fees and extra charges that may arise in relation to the Agency Bonus System program and these Terms and Conditions.

3.    NOTIFICATIONS ON THE AGENCY BONUS SYSTEM
 
3.1.    The Agency Bonus System Terms and Conditions will be submitted for the Agency's approval on the website https://www.elahotels.com/. The Hotel reserves the right to make unilateral changes to the content, terms and conditions of the specification.

3.2.    Each Agent is given a personal security code “PIN code” when creating an Agent account, which makes it possible to be identified. The PIN code is a special password that the Agent's Users will use in all online transactions. By using the PIN code, the Agency has the opportunity to save the rights within the scope of the Bonus System and the Users of the Agency are identified. The transaction made with the correct PIN code is deemed to be a transaction made by a User authorized to make transactions on behalf of the Agent. For this reason, for the security of their accounts and to prevent malicious use, the Agency is responsible for preventing the PIN code from being given to third parties other than the defined Users and for ensuring the confidentiality of the PIN code. The PIN code is notified by the Hotel only upon the request of the Agent and the Hotel cannot be held responsible in any way for its use by persons other than the Users authorized by the Agent. In the event that the Agent and therefore the Users suspect any misuse of the PIN code or that the PIN code has been learned by unauthorized persons, it is obligatory to inform the authorized units of the Hotel specified in our information documents as soon as possible.

3.3.    The Hotel will make the notifications and announcements to be made in relation to the Agency Bonus System via the website https://www.elahotels.com/ and/or via e-mail notifications to be sent by the Agencies to the Users registered in the System. Users are obliged to follow these announcements and notify the Hotel of any changes in their phone and e-mail information. The Hotel shall not be responsible for the failure of the Users of the Agency to update their contact information, to follow the notifications made to them and the website https://www.elahotels.com/, and not to be informed about the notifications and announcements. The Agency cannot make any payment or other claims under any name due to the damages they may incur due to the notifications to be made by the Hotel not reaching them for any reason whatsoever.

4.    TERMINATION
 
4.1.    The Agent may request to leave the Agent Bonus System program by submitting a request through the Agent Bonus System. In the event that the Agent leaves the System, all Ela coins earned shall be deleted. The Agent accepts and declares that he/she cannot claim any right, receivable or compensation regarding Ela coins in case of leaving the System. 

4.2.    Upon receipt of the Agent's request to leave the System, the Hotel immediately suspends the Agent's account as of the date of notice of termination by the Agent and permanently closes the Agent's account as of the last date on which the accommodation of the last reservation for which the Agent's use of Ela coins has been confirmed has been completed or should have been completed. 

4.3.    The Hotel may terminate an Agent's membership to the Agent Bonus System at any time without giving any reason and without any liability for compensation, provided that 15 days notice is given. In this case, the Ela coins earned by the Agent will be deducted from a reservation made. If there is no active reservation, it will be deleted. Ela coins cannot be refunded or paid in cash to the Agent/Operator.  

4.4.    In the event of the following circumstances, the Hotel may suspend the Agent's account, cancel the reservation, terminate the accommodation started and/or terminate the Agent's membership immediately, without any notice period, until the breach is remedied, without any notice period, without prejudice to the Hotel's right to any other compensation and litigation. In the aforementioned cases, the Hotel shall not be liable to the Agent for any receivables, compensation, Ela coin, reservation and other obligations. The Hotel reserves the right to take any legal action.  If the following violations are committed by the Agent's User registered in the system, the violation will be deemed to be committed by the Agent itself, and the Agent will be the addressee of the relevant sanctions and indemnification requests.

•    Violation by the Agent of the terms and conditions of the Agent Bonus System and the conditions specified in other Hotel documents and the reservation form, Agreement and its annexes regarding the accommodation service of the Hotel, 
•    The Agent provides incorrect information (e.g. ages of the persons staying, dates of stay) or makes transactions contrary to the rules of the Agent Bonus System,
•    If the Agency acts contrary to the notifications of the Ela Agency Relations Department, engages in transactions and actions contrary to the law, and engages in actions that disrupt the order of the Hotel and the peace of the people,  
The Hotel has the right of unilateral discretion to suspend or cancel the Agency's Bonus System membership and terminate the Membership Agreement for the reasons stated above, and in addition to this right, the Hotel reserves the right to apply for all kinds of legal remedies, demand penal clauses and complaints.
 
4.5.    In the event that the Agency's membership is terminated by the Hotel for just cause, the Hotel may blacklist the Agency, remove the Agency from the Agency Bonus System program and delete its points, and deem the Agency's earned points partially or completely invalid, without prejudice to any rights regarding the excess and at the discretion of the Hotel. The Agent has irrevocably accepted this matter. In this case, the Hotel reserves the right to apply for all kinds of legal remedies from the Agent and to claim all kinds of material, moral, direct and indirect damages.

4.6.    The Hotel may suspend the “Agency Bonus System” and freeze the Ela coin application of the Agencies upon deemed necessary. If the suspension period of the system exceeds 6 months, the Hotel will notify the Agents regarding its decision on how the Agents can use the available Ela coins. The Hotel has the sole and only discretion in this matter.

5.    PERSONAL DATA

The Hotel may use the Agency and User information accessed within the scope of Membership and participation in the Agency Bonus System and required for the execution of the System and the transmission of promotional notifications of prices, campaigns, conditions and discounts, within the scope of the Agency Bonus System, and may send it to affiliates and employees, partners and related institutions. 
The Agency acknowledges and declares that it has informed the Users registered in the system about the Agency Bonus System before registering them in the system, that it has informed the Users registered in the system of the Agency about the use of their personal information within the specified scope and that it has obtained both KVKK and ETK approvals, that the clarifications and approvals specified in the User information shared with the Hotel regarding this are shared with the Hotel in accordance with the KVKK and the relevant legislation, and that the provisions of GDPR are applied to the extent appropriate. 
The Agency, KVKK Clarification and Explicit Consent Texts accept and declare that by presenting the issues written in this Membership Terms and Conditions to the Users and after receiving the relevant information, the Agency defines them as Users in the Bonus System, by applying for registration in the Bonus System and uploading the User information to the system, the Users accept these conditions in terms of Users, and in case of a dispute that may arise, the Hotel will indemnify all kinds of damages as well as eliminate the User's claims.
 
6.    DISPUTE RESOLUTION

The interpretation, implementation and dispute resolution of this Agency Bonus System Terms and Conditions and its annexes shall be governed by the laws of the Republic of Turkey and the Hotel's records shall be the exclusive evidence and Istanbul Central Courts and Enforcement Offices shall be authorized to resolve disputes. However, the Hotel reserves the right to file a lawsuit in other authorized courts specified in the law.

7.    ENFORCEMENT

These Agency Bonus System Terms and Conditions are in force as of .......................................