From the notebook of a trademark-patent attorney

Janset Hanım’s Perfect Vacation That Couldn’t Happen

Janset Hanım works as a senior manager at a company in Istanbul. Overwhelmed by the intensity of her work life, Janset Hanım also decides to have a relaxing vacation at a nice hotel in order to reward her children for their excellent pass degree.

After researching for a while which hotels could offer the best vacation, Janset Hanım finally decides to make a reservation at Hotel X, which is renowned for its service quality in Turkey.

Although Hotel X is quite expensive, it is a “Deluxe All Inclusive” hotel.

Janset Hanım, who attaches great importance to doing research, reads news and customer opinions about Hotel X for a while and is thoroughly convinced: The score the hotel received from customer reviews clearly shows that it is one of the best hotels in the country.

This hotel is an ideal hotel where she can have a luxurious vacation, just as she wants. There are many activities for her children, and the open buffet meals with delicious dishes have been highly praised in the reviews. Unlimited bar services including aged drinks 24 hours a day will make his wife very happy.

 He decides to buy a suite room with a jacuzzi. A luxurious holiday with his family will allow him to get away from the stress of business life, even if only for a while. There is no doubt that both his family and Mrs. Janset deserve this holiday to the fullest. He immediately types the name of Hotel X into the search engine. He clicks on the website with the name of the hotel from the list that appears.

Mrs. Janset is very lucky. Despite booking during the high season, the hotel offers both early booking discounts and special discounts for the day the reservation is made.

She chooses a suite room with a sea view. The room looks amazing. There is also a separate bedroom for her children.

She is very happy to have caught the special and early booking discounts. She fills out the form on the website. She immediately confirms her reservation by calling the phone number she sees on the website. She doesn’t want to waste any time; moreover, the discount provides a considerable saving for her budget. The person she speaks to on the phone informs Mrs. Janset that she needs to pay the fee in advance for this reservation to be valid. Mrs. Janset makes the payment immediately, dreaming of the holiday she has created.

Mrs. Janset is very happy to have made a reservation at a luxurious hotel like Hotel X, and at a relatively affordable price. Her husband will be very surprised and, as always, will appreciate her, and will proudly tell her how skilled his wife is.

And it happens just as she predicted.

 Both her husband and the friends she tells the reservation story to appreciate her skill. She is a successful woman. Moreover, she is always lucky.

After months, finally, Janset Hanım, her husband and children find themselves in their magnificent hotel by the sea. The hotel is much more beautiful than they expected. The lobby lounge is very striking. It is furnished with extraordinary luxury. They head to the reception. Janset Hanım mentions the reservation she made months ago and wants to check in.

However, there is a hitch. The receptionist who took the IDs of Ms. Janset and her family cannot find the names of Ms. Janset and her family in the records.

She asks Ms. Janset for the name of the person she talked to, if possible, the number she talked to and the account number she made the payment.

Ms. Janset is a cautious woman. She has written down information such as the phone number she called during the reservation, the name of the person she talked to. She also has the bank receipt she made the payment with. She gives it all to the receptionist. However; She slowly starts to get angry. She starts to say, “What kind of disorganization is this? How do you keep your records?”

The receptionists are very polite. However, as they examine the documents in their hands, their smiling faces turn sad and sad.

After a little research, it is understood that the person who introduced himself as a hotel staff member with whom Ms. Janset made the reservation is not actually a hotel staff member. He has nothing to do with the hotel. The phone number Ms. Janset called does not belong to the hotel. The bank account number to which the accommodation fee was deposited does not belong to the hotel either.

Unfortunately, Ms. Janset was scammed.

She was directed to a website that was completely fake and had nothing to do with the hotel, but was imitating the name of the hotel. She called the hotel from the phone number on the fake site and spoke to a professional scammer, and with the scammer’s guidance, she deposited a small fortune into a fake account, thinking she was depositing the hotel’s accommodation fee.

Ms. Janset does not want to accept what happened to her at first. She blames the hotel and the hotel staff. But, unfortunately, she is not right.

There is a great disappointment on the faces of her entire family. All their eyes are on her, they all expect an explanation from her. “How did she make this mistake?” “How did a successful businesswoman like her not understand that she was scammed?” “How did she lose a small fortune and ruin her family’s vacation?”

After the situation is completely revealed, Ms. Janset, who is helpless and feels alone, desperately asks the hotel staff to “help her.” “Both she and her family are in a very bad situation.” “She ruined her family’s vacation with a mistake she made.” She also blames the hotel. “How could the hotel not take precautions against such fraud?” “It just stands by and watches its customers being scammed.”

She cannot stop the tears from flowing from her eyes. Her mouth is dry from the stress she is experiencing. She has difficulty speaking.

She collapses into a chair… asks for something to drink. There must be something to be done. She asks for help from the hotel staff…

The hotel staff try to explain that they can do nothing for the accommodation fee they paid. However, they say that they can try to make arrangements for the family to stay, even though the hotel is full, on condition that they pay the accommodation fee.

However, for the second time, Janset’s family is not in a position to set aside a budget for a holiday. In fact, even if they had a budget, they are no longer in a position to go on a holiday.

Janset is in an indescribable sadness. Her husband’s words of consolation are useless. She is disappointed because the family has been waiting for this moment for months. They are left standing in front of the hotel with their suitcases, bags, and beach toys in their hands.

She took leave from work for this holiday and shopped for her children. In addition, she paid a considerable fee; she thought she had really made a reservation. Janset wants to get her money back and see these people punished.

It is not possible for Janset to demand the payment she made from Hotel X: after all, the Hotel has no responsibility in the defrauding. The fraudsters copied the website of Hotel X exactly, created an impression as if they were working at Hotel X, and demanded payment from Ms. Janset.

In the situation that emerged, the Hotel is undoubtedly the victim. It is very clear that such fraudulent transactions will deeply shake the image of the hotel and damage the trust in the hotel, as well as losing customers.

It is never acceptable for the name of the hotel to be in the news through customers who are victims of fake websites. It is a situation that can cause serious reputation loss.

⮚ So… What Can Ms. Janset Do Now?

Ms. Janset first goes to the police and files a criminal complaint. She reports all the receipts she has, the conversations with the people, the names the people have reported, and the name of the relevant website to the police.

Then, she resorts to getting legal help from experts in the field of information technology law.

Unfortunately, more than one person like Ms. Janset is victimized in fraud cases. Due to the increasing number of files due to numerous complaints, investigations take a long time. The technical methods used by fraudsters and the redirection of fake sites through different countries can make investigations inextricable.

There will be nothing left for Ms. Janset to do after the complaint.

 The investigation is now in the hands of a cumbersome state structure that is unfortunately far from understanding internet crimes and the reflex to take precautions against rapidly developing internet crimes.

Even if the defendants are caught years later, the horse has already passed Üsküdar. Ms. Janset’s money has probably already been shared and spent among the fraudsters.

The important thing is not to fall into the situation of Ms. Janset. So what can we do to avoid experiencing what happened to Ms. Janset? What kind of precautions can we take?

⮚ What could Ms. Janset have done to avoid being scammed?

 It is not easy to understand whether a website is fake or not at first glance. However, there are some ways to apply. In order not to fall into the situation of Ms. Janset, it would be appropriate to pay attention to the following details:

First; It is the padlock icon in the address bar of the website (in the box where the address is located). If this padlock is green, the site is generally a secure website. In some cases, this padlock icon may be yellow and/or have a “warning triangle”, or the padlock icon may be broken. If the padlock icon is any color other than green, has a cross on it, or has a warning next to it, it indicates that the website is not secure.

The second important point is that you should be careful when clicking on the first result in the search engine. Because people who are after such fraudulent activities have made this a profession, and they generally do not hesitate to pay the advertising fees required to highlight fake websites. There is no guarantee that a website that is featured and ranked first is real and secure. At this point, it is the responsibility of the user, us, to examine the other results.

There may be wrong words and fake extensions (such as xyz instead of com) in the names of the websites from time to time. Spelling and grammar errors are also frequently encountered on fake websites.

There is usually no “Privacy Policy” page on fake websites.

Let’s say you did not notice the fake website and entered your information. You should be careful about the information given to you by the people who will contact you. Such malicious people will usually claim that the system is not working, that there is a problem with the payment, when you say that you want to pay by credit card, and they will request payment from you via money transfer/EFT. You can check whether the account owner from whom the money transfer is requested and the hotel owner you are trying to make a reservation are the same with a short search on search engines such as Google and Yandex.

You can check whether more than one website appears in the results for the same hotel, you can call different numbers on different websites to eliminate your suspicions, and even report the scammers to the hotel.

It is obvious that you should not fulfill the payment requests sent to you from fake websites – but at the same time, you should not give any information to these fake websites. The information you provide, such as names, e-mail addresses, addresses, phone numbers, and ID numbers, can be stolen, used for malicious purposes, processed without your knowledge and sold to others. Following the specific methods above will help you keep both your money and your personal information safe.

⮚ What should a hotel owner do when faced with this situation?

Such fraud cases are not only common in Turkey but also all over the world: https://blog.knowbe4.com/fake-hotel-website-scams-target-travelers-and-hotels, https://scambusters.org/hotelbooking.html You can find countless news such as these.

Although the apparent victim is Janset Hanım and her family, in reality, it is absolutely impossible to say that hotels are not affected by such malicious transactions. Hotels are commercial enterprises established with very large investments. The most important factor in their earnings is customer satisfaction. In this sense, hotels make very serious investments for their image. Hotels are constantly improved by their owners. All hotels have an important brand value in their own right: The protection of this brand value is directly dependent on the protection of their image and trust.

Unfortunately, scammers target all hotel businesses, big or small, especially expensive ones.

As the number of victims increases, the hotel’s reputation is also affected inversely: even if people are not scammed by the hotel, the fact that the hotel’s name is mentioned in such fraud news can cause serious loss of prestige for the hotel. Such news negatively affects the hotel’s image. Undoubtedly, this loss of image and trust can eventually lead to the hotel suffering increasingly heavy commercial losses.

Ultimately, hotels, as well as Janset Hanım and the other victims, have great benefits in combating these scams.

The first thing hotels can do is to have their own secure website and prevent this website from being copied as much as possible.

On the other hand, they should prevent their brands from being imitated, stolen and violated in Turkey and abroad through trademark registration. Trademark registration and the protection obtained in this way should be considered as the first and most important measure for protection from crime and criminals both in the country and abroad.

Even if your brand and website are secure, this does not mean that your website cannot be copied: The most important thing that the hotel should do at this point is; It is possible to regularly monitor whether fake websites are created at short intervals, and thus detect the fake website on the day it is opened, and take precautions before the fraudsters can achieve their goal.

When fraud is detected, it is possible to take action to prevent possible crimes or crimes by calling the public authorities in the country and in the foreign countries where the website is controlled, and to eliminate the website before it can commit a crime.

Our suggestion is to not neglect regular checks of the websites and to get help from experts for the ‘take-down notice’ processes of these websites.

If we go back to the example of Janset Hanım and X Hotel, if they had paid attention to the issues in this article. Janset Hanım and her family could have had the holiday they wanted and paid for without any problems and they would not have experienced a heavy trauma that they will never forget throughout their lives. – On the other hand, the name of X Hotel would not have been unjustly associated with the act of fraud and would not have been in the news about fraud and victimization. Although the only guilty parties in these incidents are fraudulent, malicious people, it is in our hands to prevent the actions of these people. Wishing you many enjoyable, safe and healthy holidays with your loved ones…

Trademark and Patent Attorney

lawyer Zehra GÜRBÜZ ÖNAL

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