Holiday Apartment Lease

Preliminary Comments

Manzara Istanbul offers you the opportunity to stay in the very heart of the city in historic apartment buildings, some of which are more than a hundred years old. While our apartments are both comfortable and modern, the conditions in some of the buildings where they are located (e.g., stairwells, balconies and windows) do not meet western European and American standards and safety regulations. It is particularly important to keep an eye on your children!

When renovating our apartments, we took care to provide you with a maximum of comfort and convenience. Despite this, you may experience a break in your water supply or electricity. This is out of our control and related to municipal water and electrical supply. In the event that anything in your rental unit is damaged as a result of any such supply break, please let us know immediately, so that we can arrange for any necessary repairs as soon as possible.

Last but not least, mind your step. The sidewalks and roads in Istanbul are often uneven and slippery!
The Parties

This lease is by and between the following parties:

Landlord/Lessor:

Manzara Istanbul

represented by Erdoğan Altındiş

Serdar-ı Ekrem Sokak 14 Kuledibi-Beyoglu-Istanbul, Turkey

Tenant/Lessee:

As named in the enclosed registration form.

The parties agree to the terms set out below.
1. Rented Premises / Term of Lease

1.1. The apartment rented by the landlord to the tenant (“rental unit”) is completely furnished and equipped as described on the website of Manzara Istanbul.

1.2. For the term of lease, the landlord provides the tenant a maximum of two sets of apartment keys.

1.3. The start and end dates of the term of lease are indicated on the registration form.

2. Agreement between the Parties

2.1. A potential tenant (“applicant”) may register for the rental of an apartment in writing, over the phone or via the internet. Manzara Istanbul staff will record all registration information on a registration form. The applicant’s rental offer is expressed through the completion of the registration form. Following the completion of registration, Manzara Istanbul makes a binding offer to become party to a lease agreement with an applicant. The lease is binding on all parties listed on the registration form.

2.2. The agreement between the parties is confirmed when Manzara Istanbul accepts the applicant’s rental offer. Acceptance by Manzara Istanbul of the rental offer may be made orally. Manzara Istanbul will provide a confirmation of the agreement between the parties along with this term of lease.

2.3. If the contents of the agreement between the parties or the term of lease do not reflect the same information in the registration form, which should be confirmed by the tenant, Manzara Istanbul is bound to the new offer and the the contract is concluded on the basis of this new offer, if the applicant declares to accept it towards Manzara Istanbul.

3. Payment of Terms of Lease and Incidental Expenses

3.1. The price for the rental unit is indicated on the registration form.

3.2. The rental price is indicated in Euro and includes expenses for electricity, gas, heating and air-conditioning. During the term of lease, towels and bedding are included free of charge. For any further services or assistance, tenants should feel free to contact the Manzara Istanbul reception staff.

3.3. When the parties agree to the terms of lease, Manzara Istanbul reserves the right to claim a commission of 50% of the stipulated rental price. This commission must be paid in cash or via transaction within a maximum of seven days after the tenant agrees to the terms of lease. Manzara Istanbul will deduct the amount of the commission from the total amount owed by the tenant.

3.4. The remainder of the rental price is due on the first day of the rental period, when the tenant arrives and Manzara Istanbul provides the rental apartment.

3.5. If the tenant does not pay the commission in a timely fashion, Manzara Istanbul retains the right to lease the rental unit to someone else. In those circumstances, the tenant has no entitlement to claim its delivery.

4. Deposit

4.1. Manzara Istanbul reserves the right to request a deposit from the tenant before he or she moves into the rental unit. The deposit amount may range from 50 to 250 Euro, subject to the determination of Manzara Istanbul. Manzara Istanbul will deduct from the deposit the cost to repair any damage to the apartment falling within the responsibility of the tenant. Partial or full refund of the deposit to the tenant will take place after Manzara Istanbul staff have checked the condition of the rental unit at the end of the term of lease.

4.2. If the tenant should leave the rental unit before the date agreed upon in the term of lease, Manzara Istanbul will keep the deposit until its staff have checked the condition of the rental unit. Any refund will be returned to the tenant by bank transfer to a bank account identified by the tenant.

5. Services

Manzara Istanbul will provide the tenant all services set out in the registration form, subject to changes in services necessitated by legitimate or unforeseen reasons. Manzara Istanbul will inform an applicant of any changes in such services prior to the completion of registration.

6. Cancellation of Contract / Rebooking

6.1. A tenant may cancel his or her reservation at any time prior to the start of the term of lease. Cancellation becomes effective as soon as Manzara Istanbul is in receipt of notification of cancellation by the tenant. If a tenant withdraws from the contract, Manzara Istanbul may request compensation for associated expenses. This applies equally in case of cancellation before the registration form is confirmed by Manzara Istanbul. When calculating the compensation’s amount normally saved expenses and possible other uses of the rental object have to be taken into account. Taking the following classification into account, Manzara Istanbul can rate its claim for compensation according to the temporal proximity between date of cancellation and the contractual start of lease in a proportional relation to the rental price. The lump sums listed below cannot be claimed, if the leaser proves that no damage or a minor damage has occurred.

Without this proof the following cancellation charges fall due:

Up to 30 days prior to commencement of term of lease: 15% of the rental price,
up to 22 days prior: 30% of the rental price,
up to 15 days prior: 40% of the rental price,
up to seven days prior: 50% of the rental price.
From six days prior until the commencement of the term of lease, in default of non-attendance or cancellation after commencement of term of lease: 80% of the rental price.

Manzara Istanbul is entitled to ask for the actual expenses incurred, instead of the lump sums listed above.

6.2. If there are changes to the rental terms agreed to in the registration form, Manzara Istanbul has the right, up to 15 days before the start of rental, to claim a rebooking fee of 60 Euro from the tenant. Rebooking requests from tenants can be made, if at all, only after withdrawal from the contract under the conditions according to item 6.1., and at the same time by making a new registration. This does not apply in case of rebooking requests causing only minor costs.

6.3. Until the start of the term of lease, an applicant may claim that instead of himself a third party will take on his contractual rights and duties. Manzara Istanbul may object to the designation of a third party, if he or she is not able to comply with the rental requirements or if legal prescriptions or governmental orders prevent the party from entering into such agreement. If a third party becomes a party to the rental agreement, the tenant vouch as joint debtors for the rental price and for the eventual expenses caused by the entrance of third party.

6.4. If the tenant voluntarily exits from the term of lease early, he has no right to a pro rata refunding of the rentalprice.

7. Withdrawal of the Tenant / Rebookings

Under compelling circumstances, Manzara Istanbul may withdraw from the contract before the start of term of lease or withdraw from the contract after commencement of tenancy:

7.1. e.g. if the tenant, irrespective of dissuasion by Manzara Istanbul, irrevocably interferes with the contract’s fulfilment or if the tenant, in spite of dissuasion by Manzara Istanbul, fails to comply with his contractual obligations, so that an immediate nullification of the contract is justified. If Manzara Istanbul withdraws for compelling reasons, it retains the right to receive the full rental price. Any expenses that are not incurred, or benefits to Manzara Istanbul resulting from another use of the leased premises will be refunded to the tenant under such circumstances.

7.2. Manzara Istanbul may unilaterally cancel the term of lease if the tenant repeatedly violates house rules. Under such circumstances, the tenant must leave the rental until immediately and may not make a claim for refund.

8. Tenant’s Liability

The tenant and his or her companions are fully liable for any damages they cause to fixtures, appliances or other items in the rental unit. They are also liable for harm caused to individuals. Parents will be held liable for any damages caused by their children. Manzara Istanbul assumes no liability for any personal belongings of the tentant and his or her companions in case of damages caused by fire, water or theft.

9. Landlord’s Liability

9.1. Within the scope of a conscientious merchant’s due diligence, Manzara Istanbul is liable for:

9.2. the accurate description and fulfilment of the services to be provided, in the event Manzara Istanbul has not, in accordance with item 5.1., informed the tenant of changes to its services before the start of term of lease.

9.3. the provision of performance as stipulated by contract, taking local and national conventions into consideration. Please see preliminary comments.

10. Landlord’s Warranty

10.1. If the landlord does not fulfil the contractual services set forth in the contract, the tenant may request that corrective measures be taken. Manzara Istanbul will respond to such a request to the extent that it does not involve excessive expenditure. Manzara Istanbul retains the right to take corrective measure by providing compensation of equal value to the tenant.

10.2. The tenant may request an appropriate reduction in the rental price to compensate for any period of time within the term of lease during which Manzara Istanbul does not provide contractual services. Manzara Istanbul will not provide the tenant such compensation if he or she fails to provide notification to Manzara Istanbul of any deficit in services.

10.3. Claims for reduction in the rental rate will not apply in circumstances involving cuts in public services, acts of God or the temporary malfunction of any item within the rental unit. Tenants must immediately inform Manzara Istanbul of any deficit in the rental unit in order that corrective action may be taken. Complaints that are made later will not be accepted as a basis for reimbursement. The tenant shall provide a time limit of 36 hours to Manzara Istanbul to repair the malfunction.

10.4. If the use of a rental unit is significantly and seriously affected due to a deficit, and if Manzara Istanbul does not take corrective measures within an appropriate time frame, the tenant is entitled to withdraw from the term of lease by written notice. The same applies if the lease is unacceptable due to a deficit occurring for any important or significant reason. If corrective measures are outside Manzara Istanbul’s control, are impossible, or if the immediate withdrawal from the contract is motivated by the tenant’s special interest, no deadline for corrective measure will apply.

10.5. Irrespective of the reduction or the withdrawal, the tenant may make a claim for damages, unless the deficit in the contractual service is caused by reasons beyond the control of Manzara Istanbul.

11. Jurisdiction

Istanbul is stipulated as place of jurisdiction of this agreement.

12. Utilisation of Rental Apartment / Sublease

12.1. Manzara Istanbul will make the rental units available to tentants on day of arrival between 2:00 and 10:00 p.m. Tenants much check out by 10:30 a.m.

12.2. In order to facilitate the arrival and departure of guests, Manzara Istanbul asks its tenants to indicate their travel times, means of transportation and reservation numbers of flight or train via mail, telephone or fax. There are two airports in Istanbul, ATATÜRK on the European side, SABIHA GÖKCEN on the Asian side. Manzara offers private transfers (prices according list on Manzara’s website) and can pick up guests at any time, day or night, and bring them directly to their rental unit. If a guest did not book a private transfer with Manzara and arrives later than 6:00 p.m., Manzara Istanbul will charge 15 Euro for late arrival service (handing over the keys, introduction of the rental unit).

12.3. Important notice for night flights: when a tenant arrives in his or her rental units after midnight, the term of lease will begin the day before in order to ensure that the rental unit is free.

12.4. Baggage can be stored for free during opening hours at Manzara Istanbul reception.

12.5. Neither the communicated and legally admitted number of people has to be exceeded, nor may unregistered people enter the rental unit. Sublease is forbidden.

13. House Rules

13.1. Tenants must comply with the rules of the apartment building and general rules of common courtesy.

13.2. Tenants should respect public rest periods at noon, night and on Sundays. They should keep down noise levels in the rental unit from 1:00 to 3:00 p.m. and between 10:00 p.m. and 8:00 a.m. out of respect for other residents in the building.

13.3. Tenants may take garbage out to the street, next to the entrance of the building, until 8:30 p.m., at the latest.

13.4. If the rental unit keys are lost, Manzara Istanbul will charge an 80 Euro lock-changing fee.

14. Access To The Rental unit by Manzara Istanbul

Under certain circumstances, it may be necessary for Manzara Istanbul staff to access the rental unit before providing prior notification to the tenant. In particular, this may occur in cases of appliance failure, water damage or if the balcony or terrace doors are left ajar when the tenant is not present in the rental unit.

MANZARA ISTANBUL
Terms&Conditions
September 2011
+90.212.249 09 16
info@manzara-istanbul.com

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