TERMS AND CONDITIONS OF LOVELA CLUB MEMBERSHIP

  • SUBJECT


The “Member” who agrees to this Agreement and meets the conditions set forth in the Terms and Conditions shall be eligible for benefits such as privileges, discounts, and upgrades by earning the LovEla Points from the overnight stays at Aktay Hotel Company Inc (“Hotel”), the Ela Excellence Resort Belek facility. The LovEla programme is based on the granting of privileges and discounts to the Member and does not relate to the spending of the points accumulated by the Member; rather, it relates to the ability of the Member to attain different statuses in the way regulated by this condition. Therefore, there shall be no redemption, transfer or exchange of points into currency by the Member. 


  • LOVELA PROGRAMME


The LovEla Programme allows Members to be categorised as LovEla Silver”, “LovEla Gold”, “LovEla Platinum” or “LovEla Star”, based on their LovEla points, and benefit from the privileges in the FLYER enclosed under the category in which they appear, their bookings made through 


Ela Hotels website https://www.elahotels.com/ ,



Ela Resort App and



Ela Hotels Call Center (444 1 352)



and their expenditure in the Ela Excellence Resort Belek Hotel. Pursuant thereto;


If the member has spent overnight stays at least € 600 or more in the Ela Excellence Resort Belek Hotel, he/she shall have a Silver Card and be able to enjoy the benefits afforded to this category. 


If the member has spent overnight stays at least € 10,000 or more in the Ela Excellence Resort Belek Hotel, he/she shall have a Gold Card and be able to enjoy the benefits afforded to this category. 


If the member has spent overnight stays at least € 50,000 or more in the Ela Excellence Resort Belek Hotel, he/she shall have a Platinum Card and be able to enjoy the benefits afforded to this category. 


If the member has spent overnight stays at least € 100,000 or more in the Ela Excellence Resort Belek Hotel, he/she shall have a Star Card and be able to enjoy the benefits afforded to this category. 


The privileges afforded to the Member under each category shall be set out in the Flyer enclosed herein and the Hotel may unilaterally change the terms and conditions of the categories and privileges at any time. The Member waives in advance his/her right to object to any changes to be made herein and to the terms and conditions of membership status and privileges.



 


MEMBERSHIP CONDITIONS


  • It is available to all persons over 18 years of age on an individual basis, who can become a member of the LovEla programme as long as they comply with the rules regarding their personal status. 

  • Membership is not available to legal entities or other groups or associations. 

  • There is no way for more than one person to make a joint application, for members to consolidate or transfer LovEla points, or for the same person to make more than one application. 

  • Membership of the LovEla programme begins when the person who wishes to become a LovEla member fills out the membership form and agrees to these general terms and conditions, or upon the first activity using their temporary card. The hotel shall not be obliged to accept every application but may reject membership requests without justification.


  • The membership ends automatically in case of the death of the member. 

  • The discount rates set out herein refer to the minimum number of overnights in a booking to be actualized, and bookings that fail to meet this requirement shall not be privileged to get a discount. 


  • Discount for Overnight Stay in a Higher Category Room Type refers to the discount rate that the guest, who has checked in to the Hotel, shall be granted based on the room price differences applied by the Hotel in case of requests for a higher category of room. This is not an extra discount that will be directly offered to the Member over the room rates. 


  • Based on the LovEla status that the Member holds with the LovEla points he/she earned, the Discount request for Booking Privileges can only be processed during the next stay of the Member. The Hotel shall manage the accommodation requests according to the availability of the Hotel and may offer different dates, room types or services to the Member. The advantages, benefits and facilities to be offered under the LovEla programme may be subject to date, quota and service limitations and other restrictions set by the Hotel. The Hotel may introduce additional arrangements and changes to acquiring and using certain services.


  • People who apply to join the LovEla programme may benefit from the privileges offered to the Member as soon as they make their application, provided that they are finally accepted to the programme. 


 


LOVELA POINTS

 


  • The Member shall earn LovEla points based on the expenditure on the stay and the points earned shall be loaded to the Member’s account on the check-out date. The number of LovEla points accrued in the Member’s account shall be determined based on the terms and conditions of the LovEla programme in force at the time on which the expenditure on the stay for which the LovEla points are earned is incurred. The Hotel retains the sole discretion over these terms and conditions, and the Hotel may change the terms and conditions of earning LovEla points, the category in which the member lies, and the benefits and conditions of Membership at any time. Therefore, the earning LovEla points by the Member, his/her category and the benefits and conditions available to him/her shall not represent a vested right for the Member.

  • Regardless of the currency of the expenditure, it shall be converted into Euros based on the Euro buying rate of the Central Bank of the Republic of Turkey (CBRT) on the day of payment and one (1) LovEla point for one (1) Euro shall be credited to the Member’s account. LovEla points shall be valid for a period of 36 months. The Member shall forfeit the privileges that the LovEla points confer upon him/her at the end of this period. 

  • The LovEla points earned for the expenditure on the stay shall be credited to the Member’s account, provided that the person who pays for the stay is a Member of the programme, and the Member shall benefit from the privileges and discounts afforded to him/her. Accordingly, for example, LovEla points shall be credited to the account of the Member who pays for the “accommodation expenditure”, even if more than one person stays in a single room sale. Provided that the Member provides no benefit to himself/herself (in cash or in-kind), the privileges and discounts afforded to him/her may be extended to any person staying with him/her, provided that he/she makes the booking himself/herself.

  • Due to the nature of the programme, LovEla points provide the Member with advantages such as privileges and discounts for his/her expenditure to be incurred at Ela Excellence Resort Belek or his/her bookings through Ela Hotels website https://www.elahotels.com/, Ela Resort App and Ela Hotels Call Centre (444 1 352), but do in no way allow for payment. 

  • All privileges offered under the programme are conferred based on the Member’s status according to the number of LovEla points accumulated after joining the LovEla programme. 

  • Each Member shall be assigned a personal LovEla “Membership Account” in which all LovEla points earned are deposited. LovEla points are not transferable, LovEla points of multiple people, whether they are Members or not, shall neither be combined in the same account nor shall they be consolidated with the Membership accounts of other LovEla Members in order to acquire or upgrade their status. LovEla points shall only be redeemed as set out in the programme and no cash equivalent shall be paid in return. The Hotel shall reserve the right to determine the status and the terms and conditions for the use of LovEla points. 

  • The Hotel is solely responsible for determining whether a Member is entitled to LovEla points by reviewing the balance of the Member’s LovEla account and any disputes regarding the Member’s participation in the programme, and reserves the right to cancel or prevent any LovEla points from being credited to the Member’s account if it is deemed that LovEla points have been incorrectly credited to the Member’s account. The Hotel reserves the right to debit the Member who has benefited from privileges, discounts and advantages by using points and status incorrectly credited to his/her account or to take other legal action to recover damages.

  • The hotel shall assume no responsibility for any additional costs incurred by its members or third parties in connection with the LovEla programme and any taxes and fees associated with these terms and conditions.



MEMBERSHIP REGISTRATION AND NOTIFICATIONS

  • The Terms and Conditions of LovEla Membership shall be made available for the approval of the guest on the https://www.elahotels.com/ website, Ela Resort App or at the check-in to the Hotel. Members may access the status of the LovEla programme and the privileges, discounts, upgrades, etc. accorded to Members with such status, as well as the tables displaying their LovEla points and detailed information on the website https://www.elahotels.com/ and the Ela Resort App. The hotel reserves the right to make changes to these tables and the terms and conditions of membership.


  • Each member is assigned a personal security code “PIN code” which identifies him/her personally. The PIN code is a special password that the member will use in all online procedures. By using the PIN code, it is possible to save the rights under the programme and the member is identified. The procedure with the correct PIN code is deemed to be performed by the Member. Therefore, the members are responsible for the security of their accounts and preventing malicious use; they are responsible for protecting the PIN code from being shared with third parties and maintaining the confidentiality of the PIN code. The Hotel shall communicate the PIN code to the member only upon his/her request and the Hotel shall not be held responsible in any way for the use of the PIN code by persons other than the member. In case the member suspects any misuse of the PIN code or that the PIN code has been learned by unauthorised persons, the member shall inform the authorised units of the Hotel specified in our information documents as soon as possible without wasting time. If this information is not provided on time or at all, the Hotel shall be liable only in case of intent or gross negligence. Members can access the terms and conditions of the present LovEla programme, their Membership information and their LovEla balances via the ElaResort.com website and the Ela Resort App by entering their PIN code and member card number. Also, no documents shall be sent to the Members via e-mail or by post. 


  • The Hotel shall publish notifications and make announcements about the programme on the Ela Resort App and the website https://www.elahotels.com/. Members shall be obliged to follow these announcements and notify the Hotel of any changes in their telephone and e-mail details. The Hotel shall not be responsible for members who fail to update their personal details or follow the Ela Resort App or https://www.elahotels.com/ website and therefore, are not aware of the notifications and announcements.


  • Members shall not pay or claim under any name whatsoever for any damages they may suffer due to failure to receive notifications for any reason whatsoever.



TERMINATION
 

Members may unsubscribe from the LovEla programme at any time, without any notice period, by making a written application. The Hotel may terminate the Member’s contract and membership at any time without providing a reason and free of any liability for any compensation by allowing a two-week notice period for termination. If a legitimate ground for termination is available, no notice period shall be observed. The Hotel may suspend the contract in the following circumstances and/or the Hotel may terminate the contract immediately, without any notice period, without prejudice to any other right of compensation and remedies, in which case the Hotel shall not be liable to the Member for any claims, damages, LovEla points, bookings or other obligations of any kind whatsoever. 

  • Gross breach by the Member of the terms and conditions of the LovEla programme, the programme conditions set out in the LovEla programme terms and conditions and other Hotel documents, as well as the booking form, the Agreement and its annexes in relation to the Hotel’s accommodation services,

  • Providing false information (e.g., ages of the persons staying, dates of stay) by the member or making use of the LovEla programme in violation of the rules and the law,

  • Verbal or physical attack, harassment, or abuse by the member against the Hotel staff, other guests and members, violating the instructions of the staff on duty during accommodation, damage to the Hotel or the property or life of other Hotel guests, third parties or Hotel staff, illegal actions and acts, disruptive actions against the order of the hotel and the peace of the people, 

The Hotel shall exercise its unilateral discretion to suspend, cancel or terminate the Membership contract for the foregoing reasons, and reserves the right to resort to all kinds of legal remedies, claims and complaints in addition to this right of the Hotel. 

If the Member terminates the membership agreement in any way whatsoever, the Hotel reserves the right to claim all kinds of damages.

If the Hotel terminates the membership of the Member for just cause, the Hotel may blacklist the Member, exclude the Member from the LovEla programme, erase his/her points, and deem the points earned partially or completely invalid, without prejudice to any rights regarding the excess, at the discretion of the Hotel. The Member irrevocably agrees to this provision. In this case, the Hotel reserves the right to resort to all kinds of legal remedies and to claim all kinds of material, moral, direct and indirect damages from the Member.

PERSONAL DATA

The Hotel may use the Member’s data acquired during Membership and program subscription and required for the execution of the program and may send such data to program partners and related organisations. Upon the start of membership, the members have consented to use their personal data within the specified scope. Concordantly, (GDPR provisions shall apply to the extent appropriate) The Enlightenment and Explicit Consent Texts under PPDL have been submitted with the Delivery Form herein for the approval of the Member. By becoming a Member of the Programme, the Member declares that he/she agrees to these terms and conditions. 

DISPUTE RESOLUTION

Any dispute arising from or in connection with the interpretation and execution of these Terms and Conditions of LovEla Membership, the LovEla Programme and its annexes shall be governed by the laws of the Republic of Turkey, and the Serik Courts and Enforcement Offices shall have jurisdiction to resolve any disputes. However, the Hotel shall reserve the right to bring a lawsuit before other courts of jurisdiction stated in the law.

These Terms and Conditions of LovEla Membership shall be in force as of 23 April 2023. The Flyer on membership categories, privileges and discounts is hereby annexed and an integral part thereof. 



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