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Letting Terms

LETTING TERMS
1. The agreeing parties
This agreement is made between the owner of the property as the landlord (referred to as 'the owner') and Tyrkiets Boligudlejning as the letting agent (referred to as 'TB')

2. Holiday home
The owner has the full responsibility for the property to at all time fulfil the description given in the Letting Agreement. TB will expect the owner to carry out a thorough cleaning of the property in the beginning of the letting period. The owner is responsible if the property has been unoccupied for a period of time, and thereby is in need of cleaning. Cleaning can be arranged through TB.

3. Letting - TB has exclusive right
As long as the Letting Agreement exists between the owner and TB, TB has the exclusive right on behalf of the owner to let the property out. It is the owner's responsibility that TB is able to let the property out in the agreed periods.

4. Deposit
When keys are handed over, the tenant has to produce a deposit according to the prevailing terms.

5. Payment
5.1. All payments will be in Euro based on the most recent agreed monthly price. TB will advice the owner of incoming lettings on a monthly base, however TB is not required to give written notice of lettings with short notice (but will offer to advice via e-mail), before the beginning of the tenancy. When the property is available for letting in TB's booking system, lettings can often take place the same day or with very short notice, without prior notification to the owner. A tenancy can always be prolonged with an optional number of weeks in connection with an existing tenancy. In these cases each week has to be paid up front.
5.2. Payment for tenancies that commences within a month has to be made up front on the first business day in that month.
5.3. Tenancies that are arranged with short notice will be paid on the first business day in the following month.
5.4. The tenant as specified on the Letting Agreement will pay excess payment for utilities, like electricity, directly to TB's local service office when the property is vacated, with addition of an administrative surcharge. The tenant's usage of utilities will be paid to the owner according to the rates in the Letting Agreement on a monthly base the following month.

6. Letting rates for the following season
6.1. TB will every year forward a suggested weekly rate for the following season. If the owner wishes to change the weekly letting rate in connection with major improvements of the property or facilities/equipment, TB needs to be notified at the latest on the 01.07 that year, with the suggestion of the new letting rate for the following season. Failing that TB's suggested letting rate will be prevailing. Any changes have to be confirmed in writing by TB to be valid.
 
6.2. In the event that the parties can not agree on the letting rate for the following season before 01.07, the existing rate will be used for the new season.

7. Compensation for cancellations.
7.1. In the event that a tenant cancels an acknowledged and paid tenancy, within 29 or less days from the tenancy's start date, TB will pay full compensation regardless of the reason for the cancellation. Cancellations of options (bookings) will not lead to payment. Except from this rule are, however, Acts of God (war, strikes, lockouts, fuel rationing, border closings, epidemics, natural and pollution catastrophes, etc.).
7.2. TB possesses the right to re-let the property. In the event of a re-letting the payment to the owner can not deviate from the agreed letting rate. The owner can not occupy the property in that period.

8. Repairs etc.
8.1. In the event a problem should occur during a tenancy, the owner is required to arrange for an immediate repair.
8.2. In situations where the tenant arranges the repair through TB or TB's local office, TB will contact the owner. In the event that the owner is not available, or if the repair and cost is minor, TB will arrange reasonable repairs on the owner's account. In such instances TB will notify the owner at their earliest convenience after the repair. The costs associated with these repairs will be subtracted from the owner's account for rent or utilities.

9. Marketing
TB is responsible for the marketing of the property locally and internationally, either by themselves or through associated agents. TB will alone carry the costs in connection with the marketing.

10. Termination
10.1. This agreement runs from year to year until it is terminated by on of the parties, according to paragraph 10.2. The agreement can never be terminated before a current season (the calendar year).
10.2. The agreement can be terminated for the following season. The termination, which has to be sent via registered mail, has to reach TB at the latest the 01.06 or the following business day (the year before the termination takes place). Failing this the termination notice will not be accepted.
10.3. In the event the cancellation for the following season is not received in time and the property is not at TB's disposal, TB is entitled to compensation for lost marketing costs, lost profits (based on letting experience) and costs in connection with re-booking of lettings. Please refer to §13 concerning change of ownership.

11. Owners own usage of the property
11.1. The owners own occupation of the property in the peak season has to be announced at the latest 31.12 the previous year, however TB should always have availability of the property for a minimum of 5 weeks in the peak season, and also with respect to already placed bookings.
 
11.2. The owner can, pending on already placed bookings and options, always reserve the property 14 days before a non-booked week irregardless of the season period.

11.3. The owner's own reservation of the property will always have to be confirmed in writing from TB to be valid.

12. The fulfilment of this agreement
In the event that the property does not comply with the requirements, such as major deviations from what was described in the Letting Agreement or the owner fail to make the property available for the tenant, TB is entitled to cancel the agreement with immediate effect and claim compensation for lost profits plus cost of re-bookings.
Same entitlement to cancel the agreement applies, but without compensation, in the event of Acts of God (war, strikes, lock-outs, fuel rationing, border closings, epidemics, natural and pollution catastrophes, etc.).

13. Change of ownership
13.1. In the event of change of ownership, the current owner (the seller) is responsible for that the new owner (the buyer) takes over the Letting Agreement, why the presence of this agreement always should be reflected in the sales agreement and the deed.
13.2. To make a change of ownership valid in relation to TB, notification must be done by forwarding a "change of owner declaration". When this has been received, accepted and acknowledged to the buyer by TB, the previous owner is released from the Letting Agreement.
13.3. The distribution of the rent income between the seller and the buyer has to be agreed upon only between these two parties.

14. Insurance
The owner has to arrange insurance cover for the property.

15. Rent income distribution
The owner 70% and TB 30%

16. Discounts
The following discounts will apply:
Tenancy more than 3 weeks ÷ 10%
Tenancy more than 4 weeks ÷ 15%
More than 5 weeks ÷ 20%

17. Disputes
All disputes between TB and the owner with regards to the Letting Agreement have to be settled by a Turkish court.

HOMELET
Saray Mah. Kültür Cad.
Afitap Hanim Apt. A Blok No.11 B
07400 Alanya, Turkey
Tlf.+90 242 5144013
Fax.+90 242 5141913
Mobil. +90 536 836 98 71
www.homelet.com.tr
info@homelet.com.tr
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