Short Term Rental Terms of Use

1. Short-Term Rental Portal Terms of Use  

These Short-Term Rental Portal Terms of Use ("Terms of Use") describe the rules governing the use of the BAYTII Website and the short-term rental portal ("Rental Portal").  The owner of the Rental Portal is Cumhuriyet Mahallesi Nazım Hikmet Blv. Concepta Plaza Apt. No 91/1/39 Esenyurt/Istanbul is BAYTII GAYRENKUL İNŞAAT VE GENEL TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as "BAYTII"). The services offered on the Rental Portal and specified in the Terms of Use are provided by BAYTII. The Individual and Corporate Membership Agreement and its annexes, which are an integral part of it, and the terms and rules on the BAYTII.com portal have been concluded and entered into force electronically between the "Member" who has given his consent.  Your access to the website assumes your full acceptance of these Terms of Use. If you do not accept the Terms of Use, do not use the BAYTII website and application. The Terms of Use must be read in conjunction with the Membership Agreement, Privacy Policy, and Cookie Policy between BAYTII and the Member. Users who become Members and wish to use the Rental Portal are also bound by the Annexes to BAYTII's Membership Agreement and use of the BAYTII website or application constitutes acceptance of all these rules.

2. Definitions 

“Portal”: The website and/or mobile applications where BAYTII offers its services, consisting of the domain name www.BAYTII.com and the sub-domains connected to this domain name.  “Visitor”: Every natural or legal person accessing the portal.  “Member”: Individual or Commercial Member who creates an account on the Portal and benefits from the services offered within the Portal within the conditions specified.

“Rental Portal”: The website and/or mobile application section where BAYTII offers short-term rental services.

"Host Member": Members who offer short-term rentals are called "Host Members" or "Hosts" for short. Hosts offer accommodation ("Accommodations"), events, trips and various travel and other services (collectively, "Host Services").   "Guest Member": Members who have completed the membership process and wish to benefit from short-term rental services are called "Guest Members" or "Guests" for short. Guests can communicate with Hosts, exchange messages and benefit from Host services through BAYTIİ.   "Property": The apartment or house to which the Host Member provides Short-Term Rental Service, which is owned by the Host Member or to which the Host Member has the right and authority to sublease.   "Short Term Rental Service" (“the Service”): The accommodation of the Guest Member in the Host Member's Property as a result of a Short-Term rental transaction.

3. Relationship between the Parties 

3.1 The Member agrees and undertakes that he/she is authorized and authorized not to make short-term rentals as described in the Terms of Use and that he/she has obtained all necessary approvals to do so.  3.2 There shall be an independent contractor relationship between the parties. Nothing in these Terms and Conditions, express or implied, shall create a partnership, joint venture, employment or franchise relationship other than an independent contractor relationship.  3.3 Each party agrees that the Services provided under the Terms of Use are of a professional nature and are not considered to be resources for normal personal consumption. Each party shall bear and pay its own portion of taxes, fees, social security contributions and expenses arising from the implementation and fulfillment of the Terms of Use.

4. Provision of the Services 

4.1 BAYTII provides interactive areas where Members may create, publish or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics or other items or materials. Members are solely responsible for using such interactive areas and, in short, the Rental Portal. BAYTII is not a party to any dispute arising out of the short-term rental agreement between the Guest and the Host.   4.2 The Guest and the Host are solely responsible for the legal obligations that they must comply with.  4.3 Upon receipt of a valid Service reservation, BAYTII agrees to provide the Member with selected Services, which BAYTII will perform with reasonable care.  4.4 BAYTII shall provide the Member with a receipt for any service performed, if the Member applies to destek@BAYTII.com via e-mail.  4.5 In order for the Service reservation to be valid, the request for the Service by the Member must be submitted to BAYTII at least 48 hours in advance.   4.6 The Parties agree that BAYTII has the right to hire subcontractors to provide some or all of the above-mentioned services and that the terms and agreements to be made with third parties shall apply in addition to this agreement.  4.7 The start date of this short term rental contract is the accommodation start date. The end date of the contract is the accommodation end date. The contract ends as of the end date of the accommodation and it can only be renewed with a new booking.

5. Member Obligations 

5.1 The Host is solely responsible for the safety and security of the Property, including its compliance with the laws, by-laws, regulations and other legal guidelines as well as the rules issued by officially recognized institutions and organizations in the place where the Property is located.  5.2 The Host is solely responsible for cooperating with BAYTII employees and, where necessary, third parties employed by BAYTII, including but not limited to those specified in the Terms of Use, for liaising diligently and taking other initiatives necessary for the performance of the Services.  5.3 The Host is solely responsible for ensuring that the Guest has access to the Property at the time when the Services are to be provided.  5.4 The Host is obliged to allow BAYTII to charge the Member's preferred debit or credit card for the Services provided to the Member at the prices shown on the website.  5.5 The accommodation fee shall be collected in advance for the duration of the term and the housing will not be delivered without payment of this fee.  5.6. The Host accepts and undertakes that he/she has the necessary permits, licenses and licenses within the framework of the provisions of the legislation to which he/she is subject, that he/she will fulfill all the conditions requested within the framework of the principles regarding short-term rental, that all obligations regarding short-term rental and the income obtained within this scope belong to him/her and that BAYTII will immediately recourse to him/her in case BAYTII incurs any loss in this context.

6. Service Pricing 

6.1 For Short-Term Rental Services, the service fee is paid to BAYTII by the Guest Member. BAYTII transfers the service fee to the Host Member via bank 1 month after the Guest Member’s accommodation start date.   6.2 The Guest Member agrees that the Services in question shall be deemed not to have been fully performed if the Host Member fails to provide access to the Property to the Guest Member who has booked the Service and BAYTII is also unable to access the Property.  6.3 For short-term rentals, the following discount rates apply to the total amount to be paid by the Guest Member when booking for several days. These discounts are not discretionary. By accepting the Short Term Rental Policy, the Host Member agrees to apply discounts at these rates. The Host Member only determines the daily rent and discounts are automatically applied when a certain number of days is selected.   Accordingly, for stays of more than 14 days, 5% off the total price; for stays of more than 30 days, 10% off the total price; for stays of more than 60 days, 20% off the total price.  6.4 If BAYTII is unable to provide the Services due to its own fault, BAYTII shall refund the Service Fee to the Member. BAYTII will only refund the Fee in accordance with the Cancellation Policy.

7. Cancellation Policy 

7.1 If the Guest Member cancels his/her short term rental reservation at least 30 days before the accommodation start date, he/she will receive a full refund. The Guest Member will also receive a full refund if the Guest Member cancels within 48 hours of making his/her reservation if the accommodation start date is at least 14 days away. If the Guest Member cancels his/her reservation between 7 and 30 days before the accommodation start date, he/she can receive a 50% refund of the total amount for all nights. If the Guest Member's reservation is canceled less than 7 days before the accommodation start date, no refund will be given.

8. Commission 

8.1 BAYTII will receive a "Commission" of 10% of the amount to be calculated after the legal VAT rate is added to the rental price determined by the Landlord for short-term rental services.  BAYTII reserves the right to update the commission rate.

9. Limitations of obligations 

9.1 The Member agrees that BAYTII reserves the right, at its sole discretion, at any time and for any reason whatsoever, to block the use of the website or the access of any account to BAYTII's website. Although BAYTII keeps its website, mobile application, etc. suitable for continuous access, access problems may occur from time to time. The Member acknowledges that access to the website or access to his/her account may be interrupted due to circumstances beyond BAYTII's control (e.g. routine maintenance) or circumstances beyond BAYTII's control. BAYTII cannot be held liable for any damage or loss caused by such interruptions.  9.2 The Host Member is responsible for all legal obligations required to act as a Host.  9.3 The Member shall not hold BAYTII liable for any costs, liabilities, damages, lawsuits, actions, government procedures, taxes, penalties or interest, legal costs and other expenses arising as a result of any breach of the Member's obligations clause set out above.  9.4 Registered Members are solely responsible for their accounts and login credentials and therefore cannot hold BAYTII liable for any problems that may arise in connection with misdirected or fraudulent use of their accounts.  9.5 The Parties shall not be liable for neglecting or failing to fulfill their obligations under the contract due to strikes, lockouts, riots, acts of war, epidemics, state of emergency declared after the acceptance of these Terms and Conditions, fire, earthquake, epidemic disease and other force majeure events beyond their control.  9.6 A Party that is unable to fulfill its obligations due to force majeure must: immediately notify the other Party in writing and provide full information about the force majeure and estimate the time required to overcome it. They must take steps to minimize the Parties' loss and continue to perform their obligations as far as possible.  9.7 BAYTII cannot be held liable for any action taken by subcontractors or third parties.

10. Notification 

10.1 Written notices regarding this agreement should be sent to destek@BAYTII.com.  10. Termination  10.1 The contractual relationship determined by the Terms and Conditions may be terminated by the Member via the Cancellation section on the application in accordance with the Cancellation Policy or by written notification via e-mail to destek@BAYTII.com.  10.2 BAYTII reserves the right to delete the Member's account and refuse to provide the Services or terminate the Membership Agreement for any reason without compensation and without notice.

11. Disputes 

11.1 If a dispute arises between the Member and BAYTII in connection with these Terms and Conditions, either Party shall notify the other Party to the dispute by means of a notice containing details of the dispute.  11.2 The Party that becomes aware of any circumstances giving rise to a dispute shall notify the other Party. Upon notification, the other Party shall resolve the dispute within ten working days.  11.3 Neither Party may bring the dispute to court without complying with the rules set out in this Title.  11.4 The existence of a dispute between the Parties does not invalidate the obligations set out in these Terms and Conditions.  11.5 BAYTII is not a party to any disputes between the Host and the Guest and reserves the right of recourse for any damages incurred as a result of such disputes. Neither the Host nor the Guest shall have any recourse against BAYTII for any damages suffered, unless BAYTII is at fault.

12. Changes 

12.1 BAYTII may, at its sole discretion and unilaterally, change these Terms of Use by publishing them on the Portal at any time it deems appropriate. The amended provisions of these Terms of Use shall enter into force on the date of their publication on the Portal and the remaining provisions shall remain in full force and effect. The Terms of Use cannot be changed by unilateral declarations of the Member.  12.2 References to Laws, Statutes, Regulations or other Legal documents shall be deemed to be updated if such texts are amended or replaced from time to time.

13. Separability 

13.1 If any of the provisions of the Terms of Use are invalid or unenforceable, the remaining provisions shall be interpreted in the best way that will enable the Parties to achieve their objectives.

14. Legal Notice 

14.1 By accepting the Terms of Use, the parties agree that they are reasonable and fair. The parties acknowledge that they fully understand the Terms of Use and their implications and agree to seek independent legal advice where necessary.

15. Waiver 

15.1 Any waiver of the Terms of Use by BAYTII for any reason whatsoever shall not constitute a precedent for other situations and conditions. Waiver notices other than those written and signed by persons authorized by BAYTII shall not be construed against BAYTII.

16. Applicable Law and Jurisdiction 

16.1 The Terms of Use shall be interpreted and applied in accordance with the laws of the Republic of Turkey. Istanbul Central Courts (Çağlayan) and Enforcement Offices are authorized for actions, transactions and lawsuits arising from the Terms of Use.