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CVK REWARDS

LOYALTY PROGRAM MEMBERSHIP AGREEMENT

The subject of this Loyalty Program Membership Agreement (hereinafter referred to as the "Agreement") is determining the terms and conditions of using the services provided to the members of the CVK Rewards Loyalty Program (hereinafter referred to as "CVK Rewards", "CVK Rewards Program" or "Program") put in service through https://www.cvkhotelsandresorts.com website (hereinafter referred to as the "Site") managed by CVK Mineral Madencilik Nakl. İnş. Taah. ve San. Tic. A.Ş. (hereinafter referred to as "CVK Hotels & Resorts", "the Company", "our Company" or "we"), located at Gümüşsuyu Mah. Selime Hatun Camii Sok. No:27 İç Kapı No:1 Beyoğlu Istanbul, or our IOS/Android applications (hereinafter referred to as the "Application") which are available and/or may be made available for use.

Members who will benefit from CVK Rewards services (hereinafter referred to as "Member") are required to read and approve this CVK Rewards Loyalty Program Membership Agreement (hereinafter referred to as the "Agreement") before applying for membership and benefiting from any service. In the event that the conditions set forth in the Agreement are not accepted by the Member, CVK Rewards membership and use of the Site/Application must be terminated immediately. In the event that the Member applies for CVK Rewards by using the Site/Application and filling out the form containing his/her personal information, the terms written in this Agreement shall be accepted and approved.

1.GENERAL CONDITIONS

  1. a. CVK Rewards Program is a sales and marketing instrument created by CVK Hotels & Resorts to offer different opportunities and experiences to you, valued guests.

  2. b. CVK Rewards is valid at all CVK Hotels & Resorts, except CVK Taksim Hotel Istanbul.

  3. c. The privileges, discounts, promotions and the like offered by CVK Rewards to the Members who apply for the CVK Rewards Program by filling out the form on the Site or in the Application and who meet the required qualifications may be used in the services to be provided by CVK Hotels & Resorts itself, as well as by the companies with which it has a cooperation agreement and whose cooperation is ongoing at the time of the service request (hereinafter referred to as "Member Workplaces(s)"). The Member Workplaces are announced to the Members by being clearly indicated on the Site/Application.

  4. d. CVK Rewards is only valid at the specified CVK Hotels & Resorts or at the Member Workplaces listed in Article 1. c. CVK Rewards points cannot be earned by spending money in shops, cafes & restaurants or other third-party facilities operating within the establishments, and it is not possible to spend the earned CVK Rewards points in these facilities.

  5. e. The Company reserves the right to determine the privileges, discounts, promotions, raffles, eligible price categories and the like to be offered in the content available in the CVK Rewards Program, to offer one or more of them at the same time or to cancel them, and/or to change, reorganize, discontinue the publication of the information presented on the Site/Application without prior notice. Amendments shall enter into force on the date of publication on the Site/Application. The Company recommends that Members read the "Terms of Use & Privacy Policy" at each entrance to the Site/Application and also the "Personal Data Protection" page, where the principles and policies adopted by CVK Hotels & Resorts within the framework of the legislation on the protection of personal data are published.

  6. f. The program conditions are provided under the "Terms and Conditions" heading on the Site and in the CVK Rewards Loyalty Program Membership Agreement. These "Terms and Conditions" may be changed, modified, deleted, added, or subtracted from time to time without notice and without the prior consent of the Members or without any obligation to indemnify the Members; you can read the current conditions by "Member Login" to the Site.




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2.MEMBERSHIP & MEMBERSHIP RULES

  1. a. In order to become a "member" of the CVK Rewards Program, you must be an adult individual who stays at the accommodation facilities included in the Program and who does not have any restrictions according to the relevant legislation. CVK Rewards membership and membership application shall be accepted unless the laws of the Member's country of residence prohibit participation in a program of this nature. In such a case, it is the Member's responsibility to inform the Company and the Company is not obliged to confirm this matter.

  2. b. Within the scope of CVK Rewards membership, only real person application is possible and the services provided are open and free of charge to all members under the conditions set out in this Agreement and unless otherwise stated.

  3. c. In order to benefit from the CVK Rewards Program, the Member must approve this Loyalty Program Membership Agreement by filling out the "Membership Form" on the Site/Application.

  4. d. After the membership process is completed, the activation link sent to the e-mail account specified during membership must be approved for the activation of the membership.

  5. e. The Member agrees and undertakes that he/she will submit the personal information requested from him/her by the Company completely and accurately in order to be registered in the CVK Rewards Program. In addition, the Member declares and agrees to update his/her CVK Rewards account details in the event of any change in the information provided by him/her, otherwise:

    1. 1) not to be able to claim any rights against the Company in relation to the transactions and notifications to be made by the Company on the basis of his/her old information;
      2) to be liable for any direct or indirect damages that the Company may suffer as a result of not updating his/her information;

  6. f. not to be able to claim that he/she has suffered any loss of rights for this reason.The Member agrees that his/her name, last name, e-mail address, mobile phone number and Turkish identity number/foreign passport number may be requested as necessary for the purposes of identifying the Member, tracking the Member, communicating with the Member, earning and spending points, etc. within the Program or for the services to be provided as a result of the agreements entered into between the Company and the Member Workplaces referred to in Article 1.c). If this information is not provided by the Member, the Company has the right to refrain from providing the service. All responsibility for the storage of personal information provided by the Member to a Member Workplace included in the CVK Rewards Program belongs to the Member Workplace and the Member has no right to make any claim to the Company.

  7. g. The Member agrees that he/she will benefit from the discounts and promotions offered to him/her on the website/application if his/her membership application is accepted within the CVK Rewards Program and effective from the date of acceptance.

  8. h. When membership registration is completed, a "CVK Rewards Program Digital Membership Card" is created, which can be accessed from the "Member Screen". All membership transactions will be carried out with this Digital Card number and the e-mail address of the Member registered on the Site, and no physical card will be printed and/or sent.

  9. i. CVK Rewards initial membership package is "Silver Membership". As a "Welcome" gift, 5.000.- CVK Rewards Points will be credited to the account of the first-time member. You can find detailed information about membership levels and points in the explanations below under the headings "Membership Types", "Earning Points" and "Redeeming CVK Rewards Points".

  10. j. The digital membership card and the membership number defined with this card are personal; the Member agrees that only he/she can benefit from the discounts and promotions offered within the CVK Rewards Program. CVK Rewards Points earned cannot be transferred to another person; they cannot be made available to a third party. The security and confidentiality of the said Digital Membership Card and the card number defined to the Member are the sole responsibility of the Member. In the event that it is determined that the Member has abused the benefits of the CVK Rewards Program or that any other person has benefited from the benefits of the CVK Rewards Program, except as expressly provided by the Company, the Member agrees that the Company may exclude the Member from the CVK Rewards Program and terminate the Member's membership for an indefinite period of time.

  11. k. The Member may not sell, rent, transfer or monetize the benefits provided to him/her under the CVK Rewards Program within the framework of a commercial relationship in any way. In the event of a contrary situation, the Company has the right to suspend or immediately cancel the relevant membership.

  12. l. The Member has the right to terminate his/her membership free of charge at any time by notifying the Company through the communication channels at the bottom of this Agreement.

  13. m. The Member agrees that it may be necessary to sign or approve a contract within the Site/Application in order to provide services to the Member between the Member Workplaces specified in Article 1.c, which provide services within the CVK Rewards Program. If necessary, the contract terms will be published on the Site/Application or a separate contract will be made with the Member Workplace during service procurement.




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3.TYPES OF MEMBERSHIP

  1. a. The initial CVK Rewards membership package is the "Silver Membership" and the initial membership point is 5,000 CVK Rewards points recharged as a welcome gift. This type of membership is also a "basic membership" status, and in case of falling below the higher-level membership status due to the statute of limitations, it will be possible to continue to benefit from the Program as a maximum Silver Member.

  2. b. There are three (3) different Membership types in the CVK Rewards Program (the Company reserves the right to change these Membership types and/or scope):

    1. 1) CVK Rewards Silver Membership,
      2) CVK Rewards Gold Membership,
      3) CVK Rewards Platinium Membership,

  3. c. CVK Rewards Silver Members have the following advantages:

    1. 1) This is the initial status that will be granted upon joining the CVK Rewards Program.
      2) New Members will receive 5,000 CVK Rewards Points as "Welcome" gift directly.
      3) The Member is entitled to a special discount of 10% on the current price list for stays in establishments where the Program is available for the duration of his/her membership.
      4) For every €1 (One Euro) spent during the Program, 10 (Ten) CVK Rewards Points are earned.
      5) Free and unlimited WIFI usage right is defined in the enterprises where the program is available.
      6) On the Member's birthday, 1.000.- CVK Rewards Points are directly credited as a gift.

  4. d. CVK Rewards Gold Members have the following advantages:

    1. 1) CVK Rewards Silver Members are automatically upgraded to CVK Rewards Gold Membership if they have spent a total of 35,000 CVK Rewards Points since the beginning of their membership (provided that they stay within the statute of limitations).
      2) The Member is entitled to a special discount of 15% on the current price list for stays in establishments where the Program is available for the duration of his/her membership.
      3) For every €1 (One Euro) spent during the Program, 12 (Twelve) CVK Rewards Points are earned.
      4) Free and unlimited WIFI usage right is defined in the enterprises where the program is available.
      5) On the Member's birthday, 1.000.- CVK Rewards Points will be credited directly as a gift.
      6) The room category for which the Member has booked accommodation will be transferred to a higher category room without any additional charge. This right may be exercised subject to the availability of the facility included in the Program. In addition, the Company has the right not to exercise this right during the peak seasons of the relevant facility. This right is granted only for Superior, Deluxe and Executive rooms; it cannot be used for special status rooms such as suites, residence apartments and presidential suites.
      7) The Member is provided with the opportunity of "Late Check-Out" for accommodations in facilities included in the Program. Due to the accommodation rules of the establishments, check-out time is 12:00, and CVK Rewards Gold Members will be able to check-out at 14:00. This right may be exercised subject to the availability of the facility included in the Program.
      8) Members will be able to benefit from the privileges of the "Executive Lounge" buffet (if available) in the accommodation facilities included in the Program without any charge.

  5. e. CVK Rewards Platinium Members have the following advantages:

    1. 1) CVK Rewards Silver Members are automatically upgraded to CVK Rewards Platinum Membership if they have spent a total of 75,000 CVK Rewards Points (provided that they remain within the statute of limitations).
      2) The Member is entitled to a special discount of 15% on the current price list for stays in establishments where the Program is available for the duration of his/her membership.
      3) For every €1 (One Euro) spent during the Program, 13 (Thirteen) CVK Rewards Points are earned.
      4) Free and unlimited WIFI usage right is defined in the enterprises where the program is available.
      5) On the Member's birthday, 1.000.- CVK Rewards Points will be credited directly as a gift.
      6) The room category for which the Member has booked accommodation will be transferred to a higher category room without any additional charge. This right may be exercised subject to the availability of the facility included in the Program. In addition, the Company has the right not to exercise this right during the peak seasons of the relevant facilitiy. This right is granted only for Superior, Deluxe and Executive rooms; it cannot be used in special status rooms such as suites, residence apartments and presidential suites.
      7) The Member is provided with the opportunity of "Late Check-Out" for accommodations in facilities included in the Program. Due to the accommodation rules of the establishments, check-out time is 12:00, and CVK Rewards Platinium Members will be able to check-out at 16:00. This right may be exercised subject to the availability of the facility included in the Program.
      8) Members will be able to benefit from the privileges of the "Executive Lounge" buffet (if available) in the accommodation facilities included in the Program without any charge.

  6. f. For CVK Rewards Program, the membership time-out period (except Silver membership status) is 24 (TwentyFour) months upon the sign-up date. In case of a Member achieves Gold or Platinum membership status, the Member has the option in the current membership 24 (TwentyFour) months to confirm the status for a further 24 (TwentyFour) months by achieving the required number of CVK Rewards points.

  7. g. The change of the Member's membership status is monitored by the Company and the new status is automatically defined by e-mail notification to the Member who is entitled to move to a higher status according to the specified conditions. Similarly, in the event that the membership status is downgraded to a lower category for any reason whatsoever (including, but not limited to, if CVK Rewards Points "expire"), the Company will follow up on this matter and notify the Member by e-mail.

  8. h. In addition to the rights specific to the Membership Types defined herein, the Company may determine additional program privileges by preparing periodic campaigns. In this case, the privileges of the relevant Membership Types will be notified to the Members via e-mail.




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4.POINT GAIN

  1. a. As a "Welcome" gift, 5.000.- CVK Rewards Points will be credited to the account of the first-time member.

  2. b. The Member who meets the conditions set forth in this Agreement and who joins the CVK Rewards Program by completing the membership steps, earns CVK Rewards Points for his/her accommodation in the facilities included in the Program and for his/her expenditures in other areas within the establishment (spa, cafe, a la carte restaurant, etc.) during these stays, provided that he/she is in one of the eligible price categories. You can find the current list of CVK Hotels & Resorts establishments and Member Workplaces (where applicable) where you can earn CVK Rewards Points via the "Which Establishments I can Earn Points for My Spending" link. For the avoidance of doubt, in order to earn CVK Rewards Points for spending in in-house areas, it must be made during the stay and recorded in the "Room Account".

  3. c. CVK Rewards Points earned by the Member during the stay as specified in Article 4.b are automatically credited to the Member's account after the "Room Account" is closed and the check-out process is completed.

  4. d. The Member's CVK Rewards Points earning depends on the membership status of the Member. Silver members will receive 10 (Ten) CVK Rewards Points for every €1 (One Euro) spent, Gold members will receive 12 (Twelve) CVK Rewards Points for every €1.- (One Euro) spent, and Platinum members will receive 13 (Thirteen) CVK Rewards Points for every €1 (One Euro) spent. You can obtain detailed information on this issue from the explanations under the heading "Types of Membership & Termination of Membership". However, the expenditures for which the Member can earn points are considered on the net amount excluding taxes (all taxes that must be applied according to the legislation in force at the time of the expenditure). In other words, it is not possible for the Member to earn points for the amount corresponding to the tax-related part of the expenditure.

  5. e. The accommodations for which the Member can earn CVK Rewards Points must have been booked through one of the following booking channels:

    1. 1) Via the website (https://www.cvkhotelsandresorts.com),
      2) By contacting the Front Office and/or Reservation Office at +90 212 377 8888,
      3) By coming to CVK Rewards Program establishments in person and meeting with reception officials.

  6. f. Employees of legal entities contracted by the Company can earn CVK Rewards Points for their individual stays, provided that they are Members and do not have a group reservation. In this case, CVK Rewards Points can also be earned at the discounted accommodation price contracted by the relevant legal entity. However, the Company reserves the right to require the Member to certify that he/she is an employee of a contracted legal entity.

  7. g. In the event that the Member stays with one or more other Program Members in the same room during the stay, only one (1) Member will be able to earn CVK Rewards Points.

  8. h. CVK Rewards Points cannot be earned if the Member has made the accommodation reservation through online or physical third-party intermediary institution(s) and/or agency(ies) such as booking.com, expedia.com, etc.

  9. i. In order to earn CVK Rewards Points from any of the applicable price categories specified under this Program, the relevant payment must be made by the Member personally. Points cannot be earned for payments made by third parties (online booking channels, agencies, companies, etc.).

  10. j. In cases where the Member has booked a new accommodation by using the CVK Rewards Points already earned, CVK Rewards Points can be earned on the amount of the relevant accommodation remaining after deducting the CVK Rewards Points used.

  11. k. In the event that the Member stays at the establishment within the scope of the Program with any group reservation, CVK Rewards Points cannot be earned from the relevant accommodation, even if the Member has paid for the accommodation personally.

  12. l. The Member may earn CVK Rewards Points for stays and/or accommodation expenses of other rooms, provided that these rooms have a stay with in the same accommodation period as the Member and the "Room Account" of these rooms are transferred to the Member’s "Room Account" of the Member. This right is limited to a maximum of 2 (two) rooms other than the room where the Member stays.

  13. m. The Member who has defined an advantageous accommodation fee for any reason (such as, but not limited to, long term stays and similar) at the accommodation establishment within the scope of the program cannot earn CVK Rewards Points on the relevant advantageous accommodation and on the expenses to be made during this accommodation.

  14. n. If the Member realizes that the CVK Rewards Points earned by the Member have not been credited to his/her account or have been incompletely credited, he/she is required to inform the Company by sending an e-mail to cvkrewards@cvkhotelsandresorts.com. Upon such notification, the relevant investigation will be carried out within a maximum period of 1 (one) month and necessary corrections will be made if deemed appropriate. The Member will be able to request a correction for stays made within the last 1 (one) year at most by giving such notice.

  15. o. CVK Rewards Points earned will continue to accumulate in the Member's account unless they are consumed or deleted in the following ways:

    1. 1) If the Member's membership is canceled for any reason (provisions of the Agreement are reserved),
      2) In case the Member's membership is terminated for any reason (provisions of the Agreement are reserved),
      3) In case CVK Rewards Points expire after the statute of limitations has expired,
      4) In case CVK Rewards Points have been used up.

  16. p. CVK Rewards Points can be redeemed within 24 (twenty-four) months from the date of their accrual, and CVK Rewards Points not redeemed within 24 (twenty-four) months will be "Time Out" and will be automatically deleted from the Membership account.

  17. q. A decrease in the total number of CVK Rewards Points due to the Member's spending CVK Rewards Points earned at the facilities included in the Program is not effective in changing the membership status. However, if CVK Rewards Points earned at facilities included the Program expire according to above paragraph p, CVK Rewards Points will be deemed to have never been earned and membership status may be downgraded accordingly.




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5.REDEEMING CVK REWARD POINTS

  1. a. The Member may redeem the "Welcome" gift of 5,000 CVK Rewards Points even for his/her first stay if he/she makes the reservation for his/her first stay at any of the facilities included in the Program through the Website in accordance with the Agreement.

  2. b. Each 1,000 CVK Rewards Points earned in CVK Rewards is worth €5 (Five Euros). This provision is the same for all membership statuses.

  3. c. The services and/or contents that can be purchased by the Member redeeming CVK Rewards Points (hereinafter referred to as "Product") will be published by the Company on the Site.

  4. d. The member may redeem CVK Rewards Points earned at CVK Rewards:

    1. 1) to purchase the Products that it can access from the "Membership Screen" on the Site: The purchased Products may be used by being deducted from the total amount when paying the Member's current expenses in the "Room Account", provided that it is limited to the service item defined in the Product.
      2) by selecting the "Redeem My Points" option when making a reservation on the site.

  5. e. The Member must pay the portion not covered by the discount received online or by using payment methods generally accepted in the facilities included in the Program.

  6. f. In order for the Member to redeem CVK Rewards Points, he/she must spend a minimum of 5,000 CVK Rewards Points.

  7. g. CVK Rewards Points earned by the Member in the Program must be redeemed within 24 (twenty-four) months from the date of earning. Any CVK Rewards Points not redeemed within 24 (twenty-four) months will automatically be deleted from the Membership account by "expiring" as specified in Article 4.p.

  8. h. In the event that the Member uses the Product purchased by redeeming CVK Rewards Points but fails to use the Product and/or stay for any reason, the Member is required to send an e-mail to cvkrewards@cvkhotelsandresorts.com and/or make an application on the "Member Screen" for the refund of the relevant CVK Rewards Points. In this case, the rules set out in the "Cancellation Policy" in the "Confirmation Letter" sent by the Company to the Member upon confirmation of the reservation shall apply and the Company shall be entitled to decide on the refund of CVK Rewards Points.

  9. i. If the Member wishes to make an accommodation reservation with the CVK Rewards Points earned, the reservation must be made through the Site. For stays booked through other booking channels, CVK Rewards Points and/or Products cannot be used to pay for the accommodation.

  10. j. In order to benefit from the Program, the Member must prove that he/she is a real person who is a member of CVK Rewards. For this purpose, the Company has the right to request the Member's membership number and photo ID card/passport during the reservation and/or use of the Product or at the beginning of the accommodation for the use of CVK Rewards Points through the Site.

  11. k. The quantities of the Products published on the Site and the CVK Rewards Points based on the Products may be changed periodically by the Company.

  12. l. CVK Rewards Points earned by the Member cannot be redeemed for banquet organizations.




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6.TERMINATION OF MEMBERSHIP

  1. a. The CVK Rewards Program is defined without any time limit. However, the Company may decide to terminate the Program at any time, with or without notice.

  2. b. The membership of the Member may be terminated by the Company in cases separately and expressly regulated under the heading "Membership & Membership Rules" above.

  3. c. The Member may request to terminate his/her membership at any time by sending an e-mail to the Company to the e-mail address cvkrewards@cvkhotelsandresorts.com. This request will be processed and finalized by the Company within maximum 14 (fourteen) days.

  4. d. Upon the Member's request to terminate his/her CVK Rewards membership, from the date the Company approves this request and terminates the membership:

    1. 1) The right to accommodation discount in the facilities included in the Program expires immediately.
      2) The right to earn CVK Rewards Points expires.
      3) The right to redeem CVK Rewards Points earned during the Program expires. CVK Rewards Points that have not been redeemed by the time the membership termination request is submitted to the Company will not be refunded or converted into any other right and/or benefit.

  5. e. The authorization of the Member who terminates his/her CVK Rewards membership to access the Site/Application and/or the Membership Screen will be canceled by the Company. The decision whether to delete the records of the membership account terminated in any way belongs exclusively to the Company and the Member cannot claim any rights or compensation for the deleted records. The Company reserves the right to retain the relevant data in any case and under any circumstances for the periods defined by law.

  6. f. In the event that the Company decides to terminate the Program, unless otherwise decided by the Company, the CVK Rewards Points earned by the Member during the Program will be redeemable within 6 (six) months from the date the Member is notified of the termination decision and/or information is shared on the Site/Application.

  7. g. The Membership of any Member who violates this Agreement, the Site/Application "Terms of Use & Privacy Policy", the applicable laws of Turkey and/or the laws of his/her country may be terminated by the Company immediately or by giving a deadline, with or without notice, as the case may be. In this case, the Member cannot claim any rights and receivables under any name.

  8. h. The Company reserves the right to terminate the Member's membership immediately and unilaterally in the presence of justified reasons, except for the cases expressly regulated in the Agreement.

  9. i. In cases where the Member's membership is unilaterally terminated by the Company, it is at the Company's sole discretion to unilaterally grant the Member additional time for redeeming the existing accumulated CVK Rewards Points.

  10. n. In the following written cases, the CVK Rewards membership of the Member may be terminated, and the use of the Site/Application may be blocked, without prejudice to the legal rights of the person(s) involved in these situations:

    1. 1) Recording false, incomplete and misleading information, data containing expressions that do not comply with the general rules of morality and contrary to the laws of the Republic of Turkey to the Site/Application;
      2) Copying the content of the Site/Application in whole or in part without authorization;
      3) The use of software that threatens the security of the Site/Application and prevents the operation of the software used, performing, attempting to perform activities and obtaining, deleting, changing information;
      4) Determination by the company that the personal information provided during and after the membership is incorrect.



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7.GENERAL CONDITIONS

  1. a. The Member is deemed to have expressly accepted the rules set forth in the Agreement from the moment he/she completes his/her membership application by approving this Agreement.

  2. b. The Company reserves the right to modify or terminate the CVK Rewards Program at its sole discretion. In such a case, the Member may use the CVK Rewards Points earned in the CVK Rewards Program until the termination date (hereinafter referred to as the "termination date" in all cases of termination), which is specified in this Agreement and/or which may be notified to him/her separately and/or on which the membership is terminated for any reason, or within the period(s) to be notified to him/her or announced on the Site/Application depending on the agreements made with the Member Workplaces specified in Article 1.c.

  3. c. The Member agrees and undertakes that he/she shall not be entitled to any compensation in the event that the CVK Rewards Program is terminated by the Company for any reason and/or in any manner whatsoever. In addition, due to the Member's behavior that constitutes a violation of this Agreement and/or the applicable legislation of Turkish law and/or the rule of good faith and honesty, the Member also accepts and declares that he/she has no right to claim compensation under any name in the event of termination of his/her membership and that he/she is solely responsible for the compensation of any damages that the Company may incur for this reason.

  4. d. CVK Hotels&Resorts reserves the right to unilaterally determine the applicable price categories, room rates, membership benefits, membership upgrade terms and conditions of redemption of CVK Rewards Points for overnight stays. Room rates are set by CVK Hotels&Resorts and are subject to change at any time, without notice and without reservation.

  5. e. In cases of breach of the Agreement and/or the law, the Company shall be entitled to take appropriate administrative and/or legal actions, including criminal proceedings, as it deems necessary at its sole discretion.

  6. f. CVK Rewards benefits, rules and membership services defined in this Agreement are determined for all Members. However, different benefits and/or services may be defined by the accommodation facilities included in the Program regarding the redemption of CVK Rewards Points; in such cases, the Company cannot be held responsible for any interruption and/or change.

  7. g. The Company shall not be liable for any errors, including but not limited to, for example, any pricing, title, description errors or errors related to the facilities included in the Program and/or the Member Workplaces specified in Article 1.c. The Company reserves the right to correct such and similar errors.

  8. h. The Company provides this and other materials, services and products to the CVK Rewards Program "as is" and, to the fullest extent permitted by applicable law, disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, design, accuracy, precision, competence, adequacy, fitness, capacity, completeness or availability.

  9. i. The Member agrees that the Company does not represent, warrant or guarantee that the CVK Rewards Program or any such other products and services will be uninterrupted, error-free or that defects will be corrected or changes will be made.

  10. j. Under no circumstances shall the Company be liable for any damages, including, without limitation, incidental, special or consequential damages arising out of the CVK Rewards Program or any other product or service, even if the Company or any other Company representative and/or partner and/or officer has been advised of the possibility of such damages.

  11. k. In the event that the Company is determined to be liable for any reason under any administrative authority decision, judicial decision and/or applicable law, the Company reserves the right to:

    1. 1) Apply for all administrative and/or legal remedies;
      2) Wait and/or suspend the Member's membership until the relevant application is concluded with a final decision/judgment;

  12. Even in the event of such a final decision/judgment, the Company's maximum liability shall be limited to the cash equivalent of the CVK Rewards points that the Member claims to have lost, as defined in the applicable Loyalty Program Membership Agreement, or the amount of the expenses incurred by the Member in collecting the CVK Rewards points that the Member claims to have lost. The Member expressly declares, accepts and undertakes that he/she knows that the membership is free of charge and therefore no additional damage will arise under any name and therefore cannot claim any damages other than the compensation amount determined.

  13. l. The Member acknowledges, declares and undertakes that he/she is aware that any claim arising from this Agreement will expire within a maximum period of 24 (twenty-four) months from the date of the occurrence of the situation that gave rise to the claim, without prejudice to the periods expressly stated in the Agreement; by signing this Agreement, he/she expressly accepts these matters and therefore waives any rights that he/she may claim as of the end of the limitation period.

  14. m. By filling out the "Membership Form" and approving this Loyalty Program Membership Agreement, the Member has allowed the Company to communicate with him/her via the e-mail and/or mobile phone number he/she notified to the Company. Each Member may subscribe to receive electronic messages (via e-mail or sms) informing about the CVK Rewards Program and/or other campaigns, promotions and/or advantages offered by CVK Hotels & Resorts; subscription confirmation is presented to the Member on the "Membership Form" confirmation screen. If the Member does not wish to receive these commercial messages, he/she may unsubscribe at any time through the unsubscribe link in these messages or by selecting the options accessible from the "Member Screen". If the Member wishes to unsubscribe from commercial messages, this does not affect his/her CVK Rewards membership.




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8.PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

  1. a. The Company is the owner or licensee of all materials (hereinafter referred to as the "Materials"), including the general appearance and design of the Site/Application created within the CVK Rewards Program, as well as all information, images, all types of trademarks, website domain names, logos, icons, demonstrative, written, electronic, graphic or machine-readable technical data, computer software, applied sales system, business method and business model on the Site/Application, and the intellectual and industrial property rights relating thereto and such Materials are protected by law. No Material available on the Site/Application may be modified, copied, reproduced, translated into another language, republished, uploaded to another computer, posted, transmitted, presented or distributed, including code and software, without prior permission and reference. The whole or part of the Site/Application may not be used in another website, social network programs, other internet-based media or the Site/Application without permission.

  2. b. The Member shall be directly liable for any damages resulting from the disclosure of information such as the Member's name, password and rights of use, as defined or determined by the Member, to third parties or organizations (and/or the use of such information by persons other than the Member). Likewise, the Member may not use personal information such as IP address, e-mail address, Member name belonging to someone else on the internet, nor may he/she access or use the private information of other Members without permission. The Member has accepted all kinds of legal and criminal liabilities that may arise against the Company and / or third parties or government agencies due to such use.

  3. c. The Company shall not be liable for any direct or indirect damages that may arise from the use of the Site/Application and other data and programs, whether for breach of this Agreement, tort or otherwise. The Company assumes no responsibility for any transaction interruption, error, omission, interruption, deletion, loss, delay in transaction or communication, computer virus, telecommunication line failure, communications failure, theft, destruction or unauthorized entry, alteration or use of records as a result of breach of contract, tort, negligence or other reasons.




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9.RESPONSIBILITIES

  1. a. The Member agrees that from the moment he/she starts using the Site/Application and/or by filling out the "Membership Form" and accepting this Loyalty Program Membership Agreement, he/she is deemed to have accepted all the provisions of this Agreement and also the "Terms of Use & Privacy Policy", which is an integral annex and part of this Agreement, and that the Agreement shall be deemed to be effective for him/her. The Member agrees to fully indemnify and hold the Company harmless from and against any and all damages incurred by the Company as a result of the Member's breach of any of its obligations under this Agreement. The Company shall have full recourse to the Member for any damages and/or administrative/judicial fines that the Member may have to pay to public authorities and/or third parties as a result of the Member's conduct contrary to the Agreement.

  2. b. When using the services related to the CVK Rewards Program, the Member agrees to comply with the provisions of the Turkish Penal Code, the Turkish Commercial Code, the Law on Intellectual and Artistic Works, the Law on Industrial Property and other legal regulations, the Turkish Code of Obligations, other relevant laws, as well as any announcements and notices published by CVK Hotels & Resorts regarding the Site/ Application services. Any legal, criminal or financial liability that may arise from the use of these announcements, notifications and/or illegal use is the sole responsibility of the Member.

  3. c. The Site/Application may contain links or references to other websites that are not under the control of the Company. The Company is not responsible for the content of these sites or any other links they contain.




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10.SERVICE CONTINUITY

  1. In order to ensure the continuity of the services it undertakes, the Company may unilaterally make changes to this Agreement without any further notice and always has the right to unilaterally stop the service it provides permanently or temporarily, change the content of the service or cancel it at any time without any justification. In case of any changes, the Company will publish the updated Agreement on the Site/Application and will notify the Members by e-mail if deemed necessary. The updated Agreement shall be effective from the time of its publication on the website/application and the use of the CVK Rewards Program by the Members shall be subject to the updated Agreement from that time. The Member shall be deemed to have agreed to comply with this Agreement and the "Terms of Use & Privacy Policy", which are incorporated herein by this reference, upon completion of the "Membership Application" and notification that he/she has been accepted for membership. The Agreement shall automatically become null and void upon any closure of the Member's account. The provisions of the Agreement are reserved in cases where it is expressly stated that the Agreement shall continue after its termination and/or where it is understood to be of an indefinite duration (including, but not limited to, provisions relating to the protection of intellectual property rights).




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11.SECURITY AND PROCESSING OF PERSONAL INFORMATION

  1. a. The principles and policies adopted by CVK Hotels & Resorts within the framework of the legislation on the protection of personal data are explained in detail in the "Personal Data Processing And Protection Policy", which you can access from the "Personal Data Protection" page. We kindly ask you to read and review these documents carefully. In addition, in the areas where personal data will be collected by the Site/Application, there is a "Privacy Shield Notice" regarding the collection, processing and sharing of the Member's personal data.

  2. b. CVK MİNERAL MADENCİLİK NAKL. İNŞ. TAAH. VE SAN. TİC. A.Ş. is the Data Controller within the scope of the Law on the Protection of Personal Data and the Company agrees to comply with all its responsibilities and obligations in this regard.

  3. c. Personal data of the Member are processed for the following purposes:

    1. 1) a. To become a member of the CVK Rewards loyalty program, to define the rights associated with membership, to enable the use of the CVK Rewards points earned, to view/change/process membership information and to establish the necessary communication within the framework of the program;
      2) b. Based on legitimate interests, for the marketing activities of CVK Hotels & Resorts and/or the Company (including targeted marketing campaigns) and
      3) c. subject to the Member's explicit consent, establishment of electronic commercial communication for marketing purposes outside the scope of the Program;
      4) d. Detecting and managing anomalies, in particular fraud, that may occur when a Member participates in the Program or earns or redeems CVK Rewards Points.

  4. d. The Member, as the "Data Subject", has the following rights pursuant to Article 11 of the Law on the Protection of Personal Data:

    1. 1) Learning whether his/her personal data is being processed or not, and if processed, to request information about it,
      2) Learning the purpose of processing and whether it is used for its intended purpose,
      3) Knowing the third parties to whom it is transferred at home or abroad,
      4) Request correction if incomplete/incorrectly processed,
      5) Request erasure or destruction under the necessary conditions
      6) Request notification of the transactions made in accordance with the above-mentioned rights regarding correction, deletion and destruction to third parties to whom personal data are transferred,
      7) Objection to the occurrence of a result to your detriment through the analysis of your processed personal data exclusively by means of automated methods,
      8) Claims for damages in the event of damage as a result of unlawful processing.

  5. e. The member can send his/her requests for the above-mentioned rights as well as for all questions related to the "Privacy Shield Notice" and within the scope of the Personal Data Protection Law in this context:

    1. 1) With a wet signature and a photocopy of a valid identity document, to the following address: CVK Park Hotel Gümüşsuyu Mah. İnönü Cad. No.8 Beyoğlu İstanbul,
      2) By applying in person with a valid identity document,
      3) By sending it to our KEP address cvkmineral@hs01.kep.tr using a registered electronic mail (KEP) address and secure electronic signature,
      4) By sending an e-mail to kvkk@cvkhotelsandresorts.com from the e-mail address previously notified to us by the relevant person and registered in our system,
  6. free of charge.


  7. f. In applications;

    1. 1) Name, surname and signature if the application is in writing,
      2) If the applicant is a citizen of the Republic of Turkey, his/her Turkish ID number; if the applicant is a foreign national, his/her nationality and passport number or foreign ID number, if any,
      3) Residential or workplace address for notification,
      4) Electronic mail address, telephone and/or fax number for notification, if any, and
      5) Requests subject to the application
  8. It must be submitted.


  9. g. The request(s) submitted by the Member within this scope shall be answered and finalized as soon as possible and in any case within thirty (30) days at the latest, depending on their nature. Only the part of the applications related to the Member will be answered and an application about his/her spouse, relative or friend(s) will not be accepted.




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12.PRIVACY

  1. The Site/Application content uses the "Remarketing & Demographics and Interest Reporting" features of Google Analytics. You can opt out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads settings. The demographic information provided by Google Analytics is used to customize the Site/Application and the advertisements, if any, provided through the Site/Application according to the interests of the Members. This information may be shared with advertising publishers, together with other Members' information, when used in target audience studies. This information does not contain any personal data and is used to conduct studies on Member trends as a group and to compile the target audience. By accepting this Agreement, you consent to the sharing of anonymous information with advertising publishers for advertising and promotional purposes. Third party providers, including Google, will display Site/Application advertisements in the banner areas they place on publisher sites on the internet. First-party cookies and third-party cookies are used together by the Site/Application and third-party providers, including Google, to collect information about advertisements based on members' past visits to the Site/Application, to optimize and publish advertisements. For information about other privacy principles adopted by CVK Hotels & Resorts in the operation of the Site/Application, please read the "Terms of Use & Privacy Policy", which is an integral annex and part of this Agreement. In addition, Cookies collected during your use of the Site/Application appear on the screen when you first log in to the Site/Application and are presented to the approval of the Site/Application user. The user of the Site/Application may change their Cookie preferences at any time.




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13.LEGAL CONDITIONS

  1. a. Turkish law shall apply to the application and interpretation of this Agreement.

  2. b. In the event that a dispute arises between the Member and the Company and/or CVK Hotels & Resorts in relation to the Agreement, the dispute will first be tried to be resolved in the mediation process, which is mandatory for Consumer Disputes under Turkish Law. Each party has the freedom to accept or reject the solution proposed by the mediator.

  3. c. Istanbul Courts and Enforcement Offices are authorized to settle any disputes arising or that may arise from this Agreement that cannot be resolved in the mediation process, which is mandatory for Consumer Disputes under Turkish Law.

  4. d. The Member agrees that the official books and commercial records and electronic archives, electronic information and computer records of CVK MİNERAL MADENCİLİK NAKL. İNŞ. TAAH. VE SAN. TİC. A.Ş. shall be binding, conclusive and exclusive evidence in any disputes that may arise from this agreement, and this article shall be an evidential contract within the meaning of Article 193 of the Civil Procedure Code No. 6100.

  5. e. The failure of either party to exercise or enforce any right conferred by this Agreement shall not constitute a waiver of such right or preclude the subsequent exercise or enforcement of such right.

  6. For any questions and/or requests regarding this Agreement, please contact us using one of our communication channels below.

    Best regards,

    CVK MİNERAL MADENCİLİK NAKL. İNŞ. TAAH. VE SAN. TİC. A.S.

    Mersis No: 0216047721400015

    Address: CVK Hotels & Resorts Gümüşsuyu Mah. İnönü Cad. No.8 Beyoğlu İstanbul Turkey

    Phone: (+90) 212 377 88 88

    Official Electronic

    Address: cvkmineral@hs01.kep.tr

    Email: cvkrewards@cvkhotelsandresorts.com;

    Email: kvkk@cvkhotelsandresorts.com;




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