Datenschutz-Bestimmungen

İşbu şartlar ve hükümler www.kiyimarina.com (Art Marina Gayrimenkul A.Ş.)'un gizlilik ve güvenlik politikasını içerir.

Siteye erişiminizden, siteyi kullanımınızdan veya materyalleri indirmenizden önce işbu politikayı dikkatle okumanız önem arz etmektedir. Zira siteye erişmekle, siteyi kullanmakla veya materyalleri indirmekle, aşağıda belirtilen şartlar ve hükümlerle bağlı olmayı kabul etmektesiniz. Eğer bu şartlar ve hükümlerle bağlı olmak istemezseniz; siteye erişmeyebilir, siteyi kullanmayabilir veya materyalleri indirmeyebilirsiniz. Eğer siteye eriştiyseniz, siteyi kullanmaya başladıysanız veya materyalleri indirdiyseniz; bu şartlar ve hükümlerle bağlı olmak istemediğiniz takdirde bu erişimi, kullanımı veya indirmeyi derhal durdurmalısınız.

1-) Firmamız, bu politikada belirtilen hükümlere ve koşullara tabi olarak, bu site ve sitedeki materyallere erişmek, kullanmak ve görüntülemek için münhasır olmayan, devredilemez, sınırlı izin hakkını verir.

Site içerisinde gezinti halindeyken veya site üzerinden sağlanan hizmetlerden faydalanırken herhangi bir şekilde siteyi kesintiye uğratacak hiçbir işlem yapmayacağınızı, sitenin çalışmasına müdahale edebilecek herhangi bir cihaz veya yazılım kullanmayacağınızı, sitenin altyapısına orantısız büyük veya makul olmayan yük getiren herhangi bir işlem yapmayacağınızı sitenin yazılımına veya işlevselliğine müdahale etmeyeceğinizi veya bozulmasına yol açmayacağınızı, siteye, virüsler veya sitenin programlama yapısına zarar verebilecek veya müdahale edebilecek başka ögeler bulaştırabilecek materyaller koymayacağınızı kabul etmektesiniz. Aksi halde firmamızın her türlü hukuki yola başvurabileceğini bilmektesiniz.

Firmamızın, site üzerinden materyalleri indirmeye izin vermesi, hiçbir şekilde işbu materyaller ve materyallerin nüshalarının mülkiyet hakkının devri anlamına gelmez. Materyalleri hiçbir şekilde değiştiremezsiniz veya çoğaltamazsınız veya alenen gösteremezsiniz, işleyemezsiniz veya dağıtamazsınız ya da sitede sağlanan hizmetten başka, genel veya ticari amaçlar için kullanamaz veya iletişimini yapamazsınız. Materyalleri, başka bir kişiye, kullanım hükümlerinden ve koşullarından doğan yükümlülüklerini bu kişilere bildirmedikçe ve bu kişilerden bu yükümlülükleri kabul ettikleri teyidini almadıkça, aktaramazsınız.

Sitede, gösterilen ve zaman zaman güncellenebilecek bütün ilave kısıtlamalara riayet edeceğinizi kabul etmektesiniz. Bu site ve içeriğindeki bilgi ve materyallere dair tüm telif hakları, tescilli marka, patent, entelektüel ve diğer mülkiyet hakları aksi belirtilmedikçe münhasıran Art Marina Gayrimenkul A.Ş’ye aittir. Site içerisinde faaliyet gösterirken hem Türk Hukuk sistemine hem de dünya genelindeki telif yasalarına ve fikri sınai mülkiyet hukuku hükümlerine uyacağınızı ve materyallerin izinsiz şekilde kopyalanmasını önleyeceğinizi kabul ediyorsunuz.

Firmamız, burada yazılı olarak açıkça belirtilmediği müddetçe; herhangi bir patent, tasarım, logo, ticari marka, marka hakkı, sponsor demeçleri, telif hakkı veya ticari sır niteliğindeki mevzuat uyarınca size açık veya zımni herhangi bir hak vermemektedir.

2-) www.kiyimarina.com üyelik, ödeme ve diğer aşamalarda sizden bazı kişisel bilgilerinizi talep edebilir. 6698 sayılı Kişisel Verilerin Korunması Kanunu kapsamına göre Veri Sorumlusu Art Marina Gayrimenkul A.Ş olarak, kişisel verilerinize değer veriyor ve verilerinizi güvenilir sunucularımızda saklıyoruz.

Bizlere sağladığınız kişisel verilerinizi; web sitemizin işlevsel çalışması, hizmetlerimizin talepler doğrultusunda temini, yasal usullere uygun şekilde aldığımız açık rıza ve onaylar doğrultusunda müşterilerimize özel teklifler ve davetler ile ilgili kişiselleştirilmiş iletiler gönderme, teklif süreçlerinin doğru bir şekilde yürütülmesi, kayıt yaptırdığınız etkinlikler ile ilgili bildirim ve bilgileri alma ve yasal yükümlülüklerimizi ifa etmek için paylaşma zorunluluğumuz olan yetkili kurum ve kuruluşlara aktarma gibi çeşitli amaçlarla işliyoruz.

İşbu hususlar Kişisel Verilerin Korunması Kurulu’nun rehberlerinde belirtilen “katmanlı aydınlatma” niteliğinde olup; kişisel verilerinizi hangi amaçlarla işlediğimizi, verileri toplama yöntemleri ve hukuki sebepleri, nerede barındırdığımızı, hangi amaçlarla ve kimlere aktardığımızı ve sahip olduğunuz haklar ile bunları nasıl kullanacağınızı bildirir hususları belirten “Aydınlatma Metni”mize buradan ulaşabilirsiniz.

3-) Şirketler, web sitelerini kişisel gereksinimlerine uyarlamak için web sitelerinde çerezler kullanabilir. Çerez, web sitesinin kullanıcılarının sabit disk sunucusunda tuttuğu küçük bir metin dosyalarıdır. Çerezler, program işlemleri için veya kullanıcıların bilgisayarına virüs göndermek için kullanılamaz. Çerezler yalnızca ilgili kullanıcıya atanır ve kullanıcının etki alanı içindeki web sunucusu tarafından okunabilir.

Çerezin ana hedeflerinden biri kullanıcıya kolaylık sağlamaktır. Bir çerez, kullanıcının web sitesine sonraki ziyaretlerle ilgili belirli bilgiler hakkında fikir vermesini sağlar. Bu, mevcut içerikler için hazırlık sürecini basitleştirir ve web sitesinde gezinmeyi ve buna benzer hususları kolaylaştırır.

Kullanıcı çerezleri kabul edebilir veya reddedebilir. Çoğu web tarayıcısı çerezleri otomatik olarak kabul eder, ancak kullanıcı isteğinde, tarayıcısını çerezleri reddetmek üzere ayarlayabilir. Kullanıcı çerezleri reddetmek isterse, bu veya ziyaret ettiği diğer web sitelerinin etkileşimli kolaylık işlevlerini tam olarak kullanamayabilir. Üçüncü taraflar, ilgi alanlarınızı anlamak ve ilgi alanlarınıza uygun reklamlar sunmak amacıyla, sitede veya diğer web sitelerinde, çerezler, web işaretçileri ve diğer teknolojiler aracılığıyla çevrimiçi etkinlikleriniz hakkında bilgi toplayabilir. Üçüncü tarafların toplayabileceği bilgiler/çerezler firmamız erişiminde veya kontrolünde değildir.

Bu üçüncü tarafların bilgi uygulamaları bu politika kapsamında değildir.

4-) Site üzerinden sağlanan hizmeti ve bu hizmetin online ödemesi açısından; firmamız müşterilerinin doğru verileri iletmesi gerekmektedir. İşbu hizmet ve online ödemesi için aşağıdaki veriler gereklidir:

• Tekne Detayları (adı, bağlama limanı, bayrağı, yapım malzemesi, tipi, boyu, genişliği, derinliği, alanı)

• Tekne Kayıt Bilgileri (kayıtlı olduğu kişinin adı ve soyadı/şirketin ismi, kimlik-vergi nosu, telefon numarası, e-posta bilgisi, adresi)

• Tekne Sahibinin Bilgileri (adı-soyadı, kimlik-vergi nosu, telefon numarası, e-posta bilgisi, adresi.)

• Tekne Kaptanı-Yetkilisi Bilgileri (adı-soyadı, kimlik-vergi nosu, telefon numarası, e-posta bilgisi, adresi.)

• Sözleşme Bilgileri (Hizmet alım başlangıç ve bitiş tarihi, hizmet alınacak gün sayısı, bağlama bedeli, ödeme yöntemi)

• Ödeme Bilgileri (Kredi kartı numarası, son kullanma tarihi, CVV2, Banka bilgileri, IBAN numarası)

Toplanan mali bilgiler, internet sitesi üzerinden sağlanan hizmet işleminin tamamlanması için kullanılmaktadır. Sitemizden ödeme yaptığınızda, size ait mali bilgilerin, işleminizi gerçekleştirmek için gerekli 3. şahıslara (bankalar, kredi kartı şirketleri vb.) verilmesini kabul etmektesiniz. Paylaşılacak bilgiler; kredi kartı numarası, son kullanma tarihi, CVV2 de dahil olmak üzere gerekli tüm mali bilgileri içerir.

İnternet sitesinden sağlanan hizmet, firmamızın bütün müşterilerine açıktır. Firmamız, önceden haber vermeksizin; belirli bir müşterinin hizmete erişimini kısıtlama veya sonlandırma hakkını saklı tutar. İşbu haller –asla işbu hallerle sınırlı olmamak üzere- aşağıdaki belirtilmiştir:

• Müşteri verilerinin yanlış olduğuna dair bir şüphe varsa.

• Üçüncü kişilerin müşteri adına veya detaylarına erişim kazandığına dair bir şüphe varsa.

Müşteri, müşteri adına yetkisiz erişim, işlem olduğundan kuşkulanıyorsa, derhal firmamıza bildirecektir. İşbu yetkisiz erişim, işlem sebebiyle firmamızın herhangi bir sorumluluğu olmadığı gayrikabili rücu kabul, beyan ve taahhüt eder.

5-) Tüm kredi kartı ve kişisel bilgilerinizin, internet üzerindeki dolaşımlar sırasında herhangi bir şekilde istenilmeyen kişi veya kurumlar tarafından ele geçirilmesi önlenmiştir. www.kiyimarina.com ödemelerinizi en güvenli şekilde gerçekleştirmeniz için, güvenlik Secure Sockets Layer (SSL) teknolojisi kullanmaktadır. SSL teknolojisi, internet üzerinden yaptığınız ödemeler sırasında şahsi bilgilerinizi şifreleyerek güvence altına almaktadır. www.kiyimarina.com’da doldurduğunuz tüm formlar SSL teknolojisiyle güvenlik altına alındığından, şahsi bilgileriniz ve kredi kartı bilgileriniz kötü niyetli kişilerin eline geçmez. Adres çubuğunuzun sağında göreceğiniz yeşil kilit sembolü, bilgilerinizin SSL sertifikası ile güvence altına alındığının göstergesidir. Böylece www.kiyimarina.com’dan ödeme yaparken korunduğunuzdan emin olabilirsiniz.

6-) Firmamız, kişisel bilgileri kesinlikle özel ve gizli tutmayı, bunu bir sır saklama yükümlülüğü olarak addetmeyi, gizliliğin sağlanması ve sürdürülmesi, gizli bilginin tamamının veya herhangi bir kısmının kamu alanına girmesini veya yetkisiz kullanımını veya üçüncü bir kişiye ifşasını önlemek için gerekli tedbirleri almayı ve gerekli özeni göstermeyi taahhüt etmektedir. Firma’mızın gerekli bilgi güvenliği önlemlerini almasına karşın, sitemize ve sisteme yapılan saldırılar sonucunda gizli bilgilerin zarar görmesi veya üçüncü kişilerin eline geçmesi durumunda, firmamızın herhangi bir sorumluluğu olmayacaktır. Kredi Kartı bilginiz sadece işlem sırasında kullanılmakta olup kişisel bilgi veri tabanımıza kaydedilmeyecektir.

Aşağıda belirtilen sınırlı hallerde Firmamız, işbu "Gizlilik ve Güvenlik Politikası" hükümleri dışında kullanıcılara ait bilgileri üçüncü kişilere açıklayabilir. Bu durumlar sınırlı sayıda olmak üzere;

• Kanun, Kanun Hükmünde Kararname, Yönetmelik v.b. yetkili hukuki otorite tarafından çıkarılan ve yürürlülükte olan hukuk kurallarının getirdiği zorunluluklara uymak;

• Firma'mızla imzalanan sözleşmelerin gereklerini yerine getirmek ve bunları uygulamaya koymak amacıyla;

• Yetkili idari ve adli otorite tarafından usulüne göre yürütülen bir araştırma veya soruşturmanın yürütümü amacıyla kullanıcılarla ilgili bilgi talep edilmesi;

• Kullanıcıların hakları veya güvenliklerini korumak için bilgi vermenin gerekli olduğu hallerdir.

7-) Firmamız diğer işletmeler tarafından işletilen web sitelerine bağlantılar verebilir. O siteleri kullanmanız halinde, siteden ayrılırsınız. İşbu politikada yer alan taahhütlerimiz kendi internet sitemiz için geçerlidir ve diğer web sitelerini kapsamamaktadır. İnternet sitemizden bağlantı ile gidilecek diğer web sitelerindeki kullanım ile ilgili o sitelere ait gizlilik güvencesi ve kullanım şartları geçerlidir. Bağlantı verilen herhangi bir siteyi ziyaret etmeniz halinde, bu ziyaretten kaynaklanan riskleri alırsınız. Virüslerden ve diğer yıkıcı unsurlardan korunmak için koruyucu tedbirler alma sorumluluğu size aittir. Firmamızın, bağlantı verilen herhangi bir site veya bu sitelerde beliren bilgiler veya bu sitelerde açıklanan ürünler veya hizmetler ile ilgili hiçbir garantisi ve temsili yoktur.

Siz, firmamız veya bu sitenin, bağlantılarında görüntülenen veya bu bağlantılar vasıtasıyla erişilebilen diğer web sitelerinde firmamıza ait herhangi ticari markayı, ticari adı, logoyu, marka hakkını veya telif hakkı sembolünü kullanımına yasal olarak yetkili değilsiniz. Ayrıca bağlantı verilen herhangi bir sitenin de firmamızın ticari markasını, ticari adını, logosunu veya telif hakkını –aralarında yazılı bir anlaşma olmaksızın - kullanma yetkisi bulunmamaktadır. Firmamızın, diğer web site içeriğini izleme veya gözden geçirme taahhüdü yoktur ve diğer web sitelerinin doğruluğundan veya güvenilirliğinden sorumlu değildir.

Firmamızın, internet sitemizden reklam, banner, içerik maksatlı veya başka bir maksat ile geçilen diğer web sitelerinin bilgi kullanımı, etik ilkeleri, gizlilik prensipleri, nitelik ve servis kalitesi ile bu sitelerde oluşabilecek herhangi bir maddi / manevi zarar ve/veya kayıplardan herhangi bir sorumluluğu bulunmamaktadır.

8-) Firmamız, bu politikanın tamamını veya bir kısmını, herhangi bir zamanda, takdirine bağlı olarak değiştirme, düzeltme, ekleme yapma veya herhangi bir kısmını çıkarma hakkını saklı tutar. Bu politikada yapılan değişiklikler, bildirimin sitede yayınlanmasından itibaren geçerli olacaktır. Siteyi, politikada yapılan herhangi bir değişiklik bildiriminden sonra kullanmaya devam etmeniz, yapılan değişiklikleri kabul ettiğiniz şeklinde değerlendirilecektir.

Firmamız, herhangi bir zamanda ve bildirimde bulunmaksızın, sitenin herhangi bir kısmındaki hataları veya eksiklikleri sonlandırabilir, değiştirebilir, düzeltebilir, Sitede ve içeriğinde yer alan materyallerde ve ürünlerde, programlarda, hizmetlerde veya fiyatlarda (varsa) başka değişiklikler yapabilir. Sitenin özelliklerinin kullanılabilirliği dahil olmak üzere sitenin herhangi bir yaklaşımını askıya alabilir veya kullanımdan kaldırabilir. Ayrıca, belirli özellikler ve hizmetler için limitler koyabilir veya herhangi bir bildirim yapmadan veya hiçbir yükümlülüğü olmaksızın, sitenin tamamına ya da bazı kısımlarına erişiminizi kısıtlayabilir. Firmamız, yukarıda belirtilen yetkileri, hakları ve lisansı, herhangi bir zamanda sonlandırabilir ve bu tip bir sonlandırma sonrasında, bütün materyalleri derhal imha etmeniz gerekir.

9-) Protokolün herhangi bir hükmünün uygulanamaz bulması halinde, protokolün sadece uygulanamaz kısmı işbu protokolden çıkarılacaktır ve geriye kalan kısmı geçerliliğini koruyacaktır. İşbu politika, yayımlandığı tarihten itibaren yürürlüğe girmiş sayılır.

10-) Gizlilik politikamız ile ilgili her türlü soru ve öneriniz için bizle irtibata geçebilirsiniz.

Firmamıza aşağıda yer alan iletişim bilgilerinden ulaşabilirsiniz:

Adres: Fevzi Çakmak Mah. Fevzi Çakmak Cad. Halil Çavuş Apt. No:67/A Esenler / İstanbul

Telefon: 0506 734 37 63

E-Mail: info@kiyiistanbul.com

Fernabsatzvertrag

1.TARAFLAR

İşbu Sözleşme aşağıdaki taraflar arasında aşağıda belirtilen hüküm ve şartlar çerçevesinde imzalanmıştır.

A.‘ALICI’ ; (sözleşmede bundan sonra "ALICI" olarak anılacaktır)
B.‘SATICI’ ; (sözleşmede bundan sonra "SATICI" olarak anılacaktır)

İş bu sözleşmeyi kabul etmekle ALICI, sözleşme konusu hizmeti onayladığı takdirde hizmet bedeli ve vergi gibi belirtilen ek ücretleri ve şartları oluştuğu durumda depozitoyu ödeme yükümlülüğü altına gireceğini ve bu konuda bilgilendirildiğini peşinen kabul eder.

2.TANIMLAR

İşbu sözleşmenin uygulanmasında ve yorumlanmasında aşağıda yazılı terimler karşılarındaki yazılı açıklamaları ifade edeceklerdir.

BAKAN: Gümrük ve Ticaret Bakanı’nı,
BAKANLIK: Gümrük ve Ticaret Bakanlığı’nı,
KANUN: 6502 sayılı Tüketicinin Korunması Hakkında Kanun’u,
YÖNETMELİK: Mesafeli Sözleşmeler Yönetmeliği’ni (RG:27.11.2014/29188)
HİZMET: Bir ücret veya menfaat karşılığında yapılan ya da yapılması taahhüt edilen mal sağlama dışındaki her türlü işlemin konusunu,
SATICI: Ticari veya mesleki faaliyetleri kapsamında mal veya hizmet sunan veya mal veya hizmet sunan adına veya hesabına hareket eden şirketi,
ALICI: Bir mal veya hizmeti edinen, kullanan veya yararlanan gerçek ya da tüzel kişiyi,
SİTE: SATICI’ya ait internet sitesini,
TARAFLAR: SATICI ve ALICI’yı,
SÖZLEŞME: SATICI ve ALICI arasında akdedilen işbu sözleşmeyi.

3.KONU

İşbu Sözleşme, SATICI’nın ALICI’ya sağlayacağı, Kıyı Marina Yat Limanından, işbu sözleşmenin eki niteliğinde olan ve internet sitesinde yayınlanan Kıyı İstanbul Marina İşletme Yönetmeliği’nde belirtilen kurallar, haklar ve yükümlülükler çerçevesinde yararlanma hizmetinin, internet sitesi üzerinden elektronik ortamda ALICI tarafından satın alınarak gerçekleştirilmesini ve tüketiciler açısından 6502 Sayılı Tüketicinin Korunması Hakkında Kanun ve Mesafeli Sözleşmeler Yönetmeliği hükümleri, tacirler açısından ise Türk Borçlar Kanunu ve Türk Ticaret Kanunu hükümleri gereğince tarafların hak ve yükümlülüklerini düzenler.

4. SATICI BİLGİLERİ

ünvanı: Art Marina Gayrimenkul A.Ş.
Adres: Fevzi Çakmak Mah. Fevzi Çakmak Cad. Halil Çavuş Apt. No:67/A Esenler/ İstanbul
Telefon: +90 (506) 734 37 63
Faks:
Eposta: info@kiyiistanbul.com
Mersis Numarası: 0085-1236-5180-0001

5. ALICI BİLGİLERİ

Adı – Soyadı veya Unvanı :
T.C. Kimlik Numarası veya Vergi Kimlik Numarası :
Adres :
Telefon :
E-Mail :

6. SöZLEŞME KONUSU HİZMETİN ADI, KDV DAHİL FİYATİ, öDEME ŞEKLİ VE TEMEL NİTELİKLERİ:

6.1. Hizmetin temel özellikleri, Kıyı Marina yat limanından, işbu sözleşmenin eki niteliğinde olan ve internet sitesinde yayınlanan Kıyı İstanbul Marina İşletme Yönetmeliği’nde belirtilen kurallar, haklar ve yükümlülükler çerçevesinde ALICI’yı yararlandırmaktır.

6.2. 30 güne kadar olan yararlanmalarda hizmetin toplam bedeli, işbu sözleşmenin imzalanma anında ödenecektir. 30 günden fazla olan yararlanmalarda ise hizmetin toplam bedelinin %50’si depozito olarak işbu sözleşmenin imzalanma anında, kalan bedel ise teknenin marinaya giriş tarihinden önce ödenecektir. Sözleşme, Marina yetkililerince imzalandığında geçerli sayılacaktır.

6.3. Sözleşme konusu hizmetin tüm vergiler dâhil satış fiyatı aşağıda gösterilmiştir:

Hizmetin Bedeli:
KDV:
Hizmetin KDV Dahil Toplam Bedeli:
ödeme Şekli ve Planı:
Fatura Adresi:
Hizmetin Satın Alım Tarihi:

7. FATURA BİLGİLERİ

Ad - Soyad/Unvan
Adres
Telefon
Faks
Eposta/kullanıcı adı
Fatura teslim: Fatura bedelin tamamı ödendikten sonra 15 gün içinde teslim edilecektir.

8. GENEL HüKüMLER

8.1. ALICI, SATICI’ya ait internet sitesinde yer alan Kıyı İstanbul Marina İşletme Yönetmeliği’nde, sözleşme konusu hizmetin temel nitelikleri, satış fiyatı ve ödeme şekline ilişkin ön bilgileri okuyup; bilgi sahibi olduğunu, elektronik ortamda gerekli teyidi verdiğini kabul, beyan ve taahhüt eder. ALICI’nın; Ön Bilgilendirmeyi elektronik ortamda teyit etmesi, mesafeli satış sözleşmesinin kurulmasından evvel, SATICI tarafından ALICI' ya verilmesi gereken adresi, satın alınan hizmete ait temel özellikleri, hizmetin vergiler dâhil fiyatını, ödeme bilgilerini de doğru ve eksiksiz olarak edindiğini kabul, beyan ve taahhüt eder.

8.2. SATICI, ALICI tarafından satılan hizmetinden yararlanırken; Kıyı İstanbul Marina İşletme Yönetmeliği’nde geçen tüm kurallara harfiyen uymakla yükümlü olduğunu; taraflar arasındaki hizmetin tüm esaslarının, tarafların hak ve yükümlülüklerinin işbu yönetmelikle belirlendiğini ve bu hak ve yükümlülükler doğrultusunda hareket edeceğini gayrikabili rücu kabul, beyan ve taahhüt etmektedir.

8.3. SATICI, ALICI tarafından satın alınan hizmetin yerine getirilmesinin imkânsızlaşması halinde sözleşme konusu yükümlülüklerini yerine getiremezse; 30 günlük süre içinde sözleşme bedelinin kalan kısmını ALICI’ya iade edeceğini kabul, beyan ve taahhüt eder.

8.4. ALICI, Sözleşme konusu hizmet için işbu Sözleşme’yi elektronik ortamda teyit edeceğini, herhangi bir nedenle sözleşme konusu hizmetin bedelinin ödenmemesi ve/veya banka kayıtlarında iptal edilmesi halinde, SATICI’nın sözleşme konusu hizmeti yerine yükümlülüğünün sona ereceğini kabul, beyan ve taahhüt eder.

8.5. ALICI ile sipariş esnasında kullanılan kredi kartı hamilinin aynı kişi olmaması veya hizmetin yerine getirilmesinden evvel, satın alımda kullanılan kredi kartına ilişkin güvenlik açığı tespit edilmesi halinde, SATICI, kredi kartı hamiline ilişkin kimlik ve iletişim bilgilerini, satın alımda kullanılan kredi kartının bir önceki aya ait ekstresini yahut kart hamilinin bankasından kredi kartının kendisine ait olduğuna ilişkin yazıyı ibraz etmesini ALICI’dan talep edebilir. ALICI’nın talebe konu bilgi/belgeleri temin etmesine kadar geçecek sürede sipariş dondurulacak olup, mezkur taleplerin 24 saat içerisinde karşılanmaması halinde ise SATICI, siparişi iptal etme hakkına haizdir.

8.6. ALICI, SATICI’ya ait internet sitesinde SATICI’dan hizmet satın alım işlemini yerine getirirken verdiği kişisel ve diğer sair bilgilerin gerçeğe uygun olduğunu, SATICI’nın bu bilgilerin (yat en ve boyu, kimlik bilgileri vs gibi) gerçeğe aykırılığı nedeniyle uğrayacağı tüm zararları, SATICI’nın ilk bildirimi üzerine derhal, nakden ve defaten tazmin edeceğini beyan ve taahhüt eder.

8.7. ALICI, SATICI’ya ait internet sitesini kullanırken yasal mevzuat hükümlerine riayet etmeyi ve bunları ihlal etmemeyi baştan kabul ve taahhüt eder. Aksi takdirde, doğacak tüm hukuki ve cezai yükümlülükler tamamen ve münhasıran ALICI’yı bağlayacaktır.

8.8. ALICI, SATICI’ya ait internet sitesini hiçbir şekilde kamu düzenini bozucu, genel ahlaka aykırı, başkalarını rahatsız ve taciz edici şekilde, yasalara aykırı bir amaç için, başkalarının maddi ve manevi haklarına tecavüz edecek şekilde kullanamaz. Ayrıca, başkalarının hizmetleri kullanmasını önleyici veya zorlaştırıcı faaliyet (spam, virus, truva atı, vb.) işlemlerde bulunamaz. Aksi takdirde, doğacak tüm hukuki ve cezai yükümlülükler tamamen ve münhasıran ALICI’yı bağlayacaktır.

8.9. SATICI’ya ait internet sitesinin üzerinden, SATICI’nın kendi kontrolünde olmayan ve/veya başkaca üçüncü kişilerin sahip olduğu ve/veya işlettiği başka web sitelerine ve/veya başka içeriklere link verilebilir. Bu linkler ALICI’ya yönlenme kolaylığı sağlamak amacıyla konmuş olup herhangi bir web sitesini veya o siteyi işleten kişiyi desteklememekte ve Link verilen web sitesinin içerdiği bilgilere yönelik herhangi bir garanti niteliği taşımamaktadır.

8.10. İşbu sözleşme içerisinde sayılan maddelerden bir ya da birkaçını ihlal eden ALICI işbu ihlal nedeniyle cezai ve hukuki olarak şahsen sorumlu olup, SATICI’yı bu ihlallerin hukuki ve cezai sonuçlarından ari tutacaktır. Ayrıca; işbu ihlal nedeniyle, olayın hukuk alanına intikal ettirilmesi halinde, SATICI’nın üyeye karşı üyelik sözleşmesine uyulmamasından dolayı tazminat talebinde bulunma hakkı saklıdır.

9. CAYMA HAKKI

9.1. Mesafeli sözleşmenin konusu hizmet sunumuna ilişkin olup; sözleşmenin imzalandığı tarihten itibaren 7 (yedi) gün içerisinde, ALICI, SATICI’ya (İş bu sözleşmenin 4. maddesindeki iletişim bilgileri aracılığıyla) bildirmek şartıyla hiçbir hukuki ve cezai sorumluluk üstlenmeksizin ve hiçbir gerekçe göstermeksizin ve cezai şart bedeli ödemeksizin hizmeti reddederek sözleşmeden cayma hakkını kullanabilir.

9.2. Cayma hakkı süresi sona ermeden önce, tüketicinin onayı ile hizmetin ifasına başlanan hizmet sözleşmelerinde ise cayma hakkı kullanılamaz.

9.3. Cayma hakkının kullanılması için 7 (yedi) günlük süre içinde SATICI' ya iadeli taahhütlü posta, faks veya eposta ile yazılı bildirimde bulunulması şarttır.

9.4. ALICI, iş bu sözleşmeyi kabul etmekle, cayma hakkı konusunda bilgilendirildiğini peşinen kabul etmektedir.

9.5. SATICI, tüketicinin cayma hakkını kullandığına ilişkin bildirimin kendisine ulaştığı tarihten itibaren 30 gün içinde, tahsil edilen tüm ödemeleri iade etmekle yükümlüdür. SATICI, tüm geri ödemeleri, ALICI’nın satın alırken kullandığı ödeme aracına uygun bir şekilde ve ALICI’ya herhangi bir masraf veya yükümlülük getirmeden tek seferde yapar. (ALICI’nın satın alma esnasında kredi kartına taksit seçeneğini kullanması halinde iade işlemi yine bankaya tek seferde yapılacak olup; Bankanın ilgili tutarı Tüketiciye taksitler halinde ödemesi bu maddenin ihlali mahiyetinde değildir)

9.6. Cayma Hakkına ilişkin bu hükümler, ALICI’nın tüketici olması halinde uygulama alanı bulacaktır. ALICI’nın tacir olması halindeyse, Cayma Hakkına ilişkin işbu hükümler geçerli olmayıp; sözleşmenin eki sayılan Kıyı İstanbul Marina İşletme Yönetmeliği’nin ilgili hükümleri uygulama alanı bulacaktır.

10. TEMERRüT HALİ VE HUKUKİ SONUçLARI

Tarafların işbu sözleşmeden kaynaklanan edimlerini yerine getirmemesi durumunda, Türk Borçlar Kanunu’nunda yer alan borçlunun temerrüdü hükümleri uygulanacaktır.

ALICI, ödeme işlemlerini kredi kartı ile yaptığı durumda temerrüde düştüğü takdirde, kart sahibi banka ile arasındaki kredi kartı sözleşmesi çerçevesinde faiz ödeyeceğini ve bankaya karşı sorumlu olacağını kabul, beyan ve taahhüt eder. Bu durumda ilgili banka hukuki yollara başvurabilir; doğacak masrafları ve vekâlet ücretini ALICI’dan talep edebilir ve her koşulda ALICI’nın borcundan dolayı temerrüde düşmesi halinde, ALICI, borcun gecikmeli ifasından dolayı SATICI’nın uğradığı zarar ve ziyanını ödeyeceğini kabul, beyan ve taahhüt eder.

11. TüKETİCİLERİN ŞİKAYET VE İTİRAZLARI İLE UYUŞMAZLIK VE YETKİLİ MAHKEME

11.1. İşbu sözleşmeye konu hizmetle ilgili herhangi bir konuda şikayetinizin olması halinde şikayetlerinizi, yukarıda belirtilen iletişim bilgileri veya www.kiyimarina.com internet sitesinde belirtilen iletişim bilgileri vasıtasıyla SATICI’ya iletebilirsiniz. İletmiş olduğunuz şikâyet başvurularınız derhal kayıtlara alınacak, yetkili birimler tarafından değerlendirilerek çözümlenmeye çalışılacak ve en kısa sürede size geri dönüş sağlanacaktır. Ayrıca, şikâyet başvurularınızı doğrudan yerleşim yerinizin bulunduğu veya tüketici işleminin yapıldığı yerdeki Tüketici Sorunları Hakem Heyetine veya Tüketici Mahkemesine yapabilirsiniz.

11.2. Siparişin gerçekleşmesi durumunda ALICI işbu formu yazılı olarak teyit etmekle, mesafeli sözleşmelerin akdinden önce, SATICI tarafından ALICI’ya verilmesi gereken adres, sözleşmeye konu hizmete ait temel özellikler, ürünlerin vergiler dahil fiyatı, ödeme bilgilerini de doğru ve eksiksiz olarak edindiğini teyit etmiş ve işbu sözleşmenin tüm koşullarını ve ödeme yükümlülüğü altına girdiğini kabul etmiş sayılır.

12. BİLDİRİMLER VE DELİL SöZLEŞMESİ

ALICI, işbu Sözleşme’den doğabilecek ihtilaflarda SATICI’nın resmi defter ve ticari kayıtlarıyla, kendi veri tabanında, sunucularında tuttuğu elektronik bilgilerin ve bilgisayar kayıtlarının, bağlayıcı, kesin ve münhasır delil teşkil edeceğini, bu maddenin Hukuk Muhakemeleri Kanunu’nun 193. maddesi anlamında delil sözleşmesi niteliğinde olduğunu kabul, beyan ve taahhüt eder.

13. YÜRÜRLÜK

ALICI, işbu sözleşmeye konu hizmete ait ödemeyi gerçekleştirdiğinde işbu sözleşmenin tüm şartlarını kabul etmiş sayılır. SATICI, işbu sözleşmenin sitede ALICI tarafından okunup kabul edildiğine dair onay alacak şekilde gerekli yazılımsal düzenlemeleri yapmakla yükümlüdür.

14. DİĞER

14.1. Sözleşme, Mesafeli Sözleşmeler Yönetmeliği ve sair mevzuata uygun olarak düzenlenmiştir.

14.2. Sözleşme, Alıcı tarafından elektronik ortamda onaylanmakla ve depozito ücretinin SATICI’nın hesabına geçmesi ve SATICI’nın sözleşmeyi ıslak imzalı olarak onaylaması ile yürürlüğe girecek; Alıcı’nın sözleşmeye konu hizmeti alması, almış sayılması ve/veya SATICI’nın Kıyı İstanbul Marina İşletme Yönetmeliği doğrultusunda feshetmesi ya da herhangi bir sebeple sözleşmenin son bulması halinde de sona erecektir.

14.3. Sözleşme’de yapılacak her türlü değişiklik, tarafların yazılı mutabakatı ile mümkündür.

14.4. Kıyı İstanbul Marina İşletme Yönetmeliği işbu Sözleşme’nin ayrılmaz parçasıdır ve ALICI işbu yönetmeliğe uymakla yükümlüdür.

Bu Sözleşme 14 maddeden oluşmakta olup; Taraflar arasında, elektronik ortamda düzenlenmiş ve onaylanmıştır.

SATICI:

ALICI:

TARİH:

Yacht Mooring Contract

Date :

Contract No:

The Yacht Name:

 

KIYI ISTANBUL MARINA YACHT MOORING CONTRACT

PARTIES:

This Agreement,

On the one hand, "Fatih Mah. Fenari Sok. No:3 Büyükçekmece, İSTANBUL" and ART MARINA GAYRİMENKUL A.Ş. (hereinafter referred to as "ART") with tax identification number 0851236518 and on the other hand, ...................................................................................... and ............................... Tax identification number ........................................... (hereinafter referred to as "Yacht Owner") All parties shall be collectively referred to as "Parties".

DEFINITIONS:

In the operating regulations,

1. Yacht: Vessels registered as yachts in the measurement certificate (tonnage certificate - certificate of tonnage), and in the absence of a measurement certificate, all marine vessels that are not cargo and passenger vessels used for recreational and sports purposes,
2. Marina: Kıyı İstanbul Marina owned by Art Marina Gayrimenkul A.Ş.
3. Yacht Owner: The charterer, captain or agent or any other person who holds the management of the yacht or vessel at that time. Yacht Owner means the real or legal persons registered on behalf of the yacht in the tonnage certificate, Yacht Supervisor/Authority means the captain, manager, charterer or any other official who is in charge of the management of the yacht and who is authorised by the yacht owner to make a contract with a power of attorney,
4. Marina Manager: The person appointed by the Marina, authorised and responsible for the implementation of the regulation.

 

SUBJECT OF THE CONTRACT:

The subject of this Agreement is to determine some of the rights and obligations of the parties in line with Art's enabling the Yacht Owner to benefit from the services offered at the Marina within the framework of the rules specified in the Kıyı İstanbul Marina Management Regulation, which is an annex to this Agreement and also published on the website.

 

FEE AND PAYMENT

The fee that the yacht owner is obliged to pay in accordance with this contract shall be determined by the Marina and shall be determined according to the attached list approved by the Ministry of Tourism every year and Annex-1: Preliminary Contract and Offer

It is included in the form. This price is ...................................... In writing, it is................................................................................................................................

As a result of the approval of the offer sent to him, the Yacht Owner signs the Mooring Pre-contract and sends the documents to the marina management (marina@kiyiistabul.com) via e-mail together with the 50% payment receipt of the total offer.  The yacht owner will submit all the documents required for mooring and the remaining 50% payment receipt to the marina management with his/her wet signature (each page must be initialed) together with the Yacht Mooring Agreement and Marina Regulations. If the remaining amount is not paid within 7 working days following the submission of the contract signed by the yacht owner, the current exchange rate (the exchange rate will be taken from the free market) and price will be paid or a 15% penalty will be applied. It will be invoiced in addition to the mooring fee. The contract is invalid unless it is signed by the Marina Management. In case of non-payment or late payment, entry and exit to the marina may be restricted by the Marina Management.

The yacht owner is obliged to deposit this fee in the same day following the signing of the Mooring Agreement to the bank accounts communicated to him/her by the boat's authorised person (owner-signatory-signatory-person authorised by proxy) in TL - Foreign flagged yachts are obliged to deposit this fee in Euro.

All contract prices and fees for the services of the Management shall be accrued in Turkish Lira based on the official price tariff in Turkish Lira or in Euro (even if it is stated in Euro in the offer and contract) - the rate shall be taken from the free market, and payments shall be calculated in TL or Euro.

For yacht brokers, offers are given in TL or Euro.  They can make their contracts for 1 month or 3 months. The price they will pay will be calculated from the daily exchange rate of the day the payment will be made, it will be paid in TL for Turkish flagged yachts and in Euro for foreign flagged yachts.  There is no right of transfer in annual contracts. As soon as the yacht is sold to a different person or company, the contract is cancelled.

Following the pre-booking payment by paying the preliminary contract and the 50% amount in the offer as a down payment, the yacht must enter the harbour within a maximum of 90 days, the price paid will be recalculated at the exchange rate and price list on the date the yacht enters the harbour and the price paid will be deducted from the total.

The yacht must enter the marina within 90 days from the date of payment of the 50% amount mentioned in the preliminary contract.  These yachts will make the remaining payment on the marina arrival date, the offer will be updated from the exchange rate and yacht mooring prices on the day the yacht enters the marina, the yacht owner undertakes to make the remaining payment by deducting the first down payment from the total amount. 

Upon Art's determination of which services the Yacht Owner will benefit from the services offered at the Marina; the prices of these services will be determined over the above-mentioned list and the total of these prices will correspond to the fee that the Yacht Owner is obliged to pay in accordance with this contract.

In the event that the Yacht Owner has made a reservation through Art's website (kiyimarina.com), the total price of the service will be paid as a deposit at the time of the reservation. If the width and length measurements of the yacht are different from those specified in the online reservation, the additional fee will be charged to the yacht owner in case the specified m2 is over. Online bookings become valid with the wet signed approval of the Marina Management. Even if the place where the yacht will be moored is selected in the online reservation, the yacht will be moored to the available area deemed appropriate by the Marina Management. Marina is authorised to change the location of the yacht when deemed appropriate.

In the event of cancellation of the reservation for any reason whatsoever, if such cancellation takes place within 14 days from the date of the reservation, the provisions of the Distance Service Sales Contract regarding the refund of the deposit will be applicable. If the cancellation takes place after 14 days from the date of the reservation, the relevant provisions of Kıyı İstanbul Marina Management Regulation shall apply regarding the refund of the deposit. The parties hereby irrevocably accept, declare and undertake this matter.

The invoice will be issued and sent to the Yacht Owner within 7 business days following the signing of the Agreement and payment.

In the event that the Yacht Owner benefits from other services after the determination and/or payment of the fee, the cost of these services will be determined by Art in accordance with the above-mentioned procedure, and if the invoice to be issued by Art to the yacht owner was issued before the reflection of this additional fee, a new invoice for the additional fee will be issued by Art and forwarded to the Yacht Owner.

In case of delays in payments, a delay fee of 15% will be applied and the payments made will firstly be deducted from this delay fee and then counted towards the contract price.

The Yacht Owner / Responsible is obliged to settle all debts owed to the Marina within the legal periods. Otherwise, under the conditions of the Right of Lien specified in Article 950 of the Turkish Civil Code, the Marina Manager will not be allowed to exit the Marina and the Yacht Owner will not be allowed to enter the Marina with the authorisation given to the Marina Manager in the Marine Tourism Regulation.

 

TERM AND TERMINATION

The duration of this contract is ..........days. The parties may extend the contract by mutual agreement. Otherwise, the contract ends with the arrival of the day. If the Yacht Owner fails to pay the contract price, the contract may be unilaterally terminated by the marina and will not be extended again if the period has expired.

 

Art has the right to terminate this contract at any time, without notice, without paying any compensation and/or penal clause. In the event that the right of termination is exercised, Art is obliged to refund to the Yacht Owner the cost of the days that the Yacht Owner does not benefit from the services agreed that the Yacht Owner can benefit from under this contract due to termination, except in the event that the Yacht Owner acts in breach of the contract. The refund date will be determined by Art; this date cannot exceed 45 days in any case. The Yacht Owner has no right to demand any other consideration from Art under any name whatsoever due to this termination.

 

The Yacht Owner does not have the right to terminate this contract before its term. Otherwise, the Yacht Owner shall immediately pay the full contract price and in addition to this, 20% penal clause price to Art.

 

In the event that the parties do not fulfil their obligations arising from this contract, the provisions of the default of the debtor in the Turkish Code of Obligations shall apply.

 

RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The place where the yacht will be moored is determined by the Marina management. With the contract, the Marina does not allocate a specific place within the Marina to the Yacht Owner, but any place suitable for the mooring of the Yacht. The Yacht Owner is obliged to accept the place determined by the Marina management.
2. If the Yacht Owner or his/her responsible person, who will moor at the Marina and benefit from other services, makes a reservation via the website, he/she signs the Distance Service Contract at the time of reservation. In addition, he/she also signs this contract as of the day he/she arrives at the Marina. In case of any contradiction between these two contracts, the provisions of this contract shall prevail.
3. The Yacht Owner or the responsible person is obliged to fill in the information in the contract completely and accurately. Otherwise, the Yacht Owner is responsible for any damages that may occur. However; Art reserves the right to terminate this contract without notice and without compensation.
4. At the time this mooring agreement is made, the Yacht Owner / Responsible is obliged to submit the tonnage certificate or power of attorney, Transit log, Yacht owner / authorised identity information, Company Authorised Information, signature circular, as well as the 3rd Party Financial Liability Insurance Policy of the Yacht. Otherwise, the contract cannot be made or renewed.
5. The mooring contract is never a rental contract.
6. In the event that the yacht with a valid contract at the Marina changes hands, it is obligatory to notify the Marina Management within 5 days from the date of change of hands by delivering a copy of the sales contract to the Marina by registered mail or by signature. The Marina Management/Art reserves the right to cancel the contract without giving any reason if it deems necessary in these changes of hands. The legal, administrative and financial liabilities of the yachts whose sales contract is not notified belong to the former owner. The parties are aware of this matter and irrevocably accept, declare and undertake.
7. The Yacht Owner/Responsible agrees in advance to comply with all the rules and principles of the Marina notified to him/her or publicly announced to him/her during his/her stay in the Marina and all the rules in the Kıyı İstanbul Marina Management Regulations. The fact that it is posted on the Marina notice board, notified to the yacht owner by e-mail or published on the website means the notification of an announcement to the boat owner.
8. The yacht owner/responsible undertakes to know and comply with the provisions of the SHORE ISTANBUL MARINA MANAGEMENT REGULATION and MARINA PRICE TARIFF. Marina reserves the right to change the price tariff.
9. Art, Marina is always authorised to change the location of the yacht at sea in all cases it deems necessary, including in case of danger, without notifying the Yacht Owner. Marina is not required to obtain permission from the Yacht Owner for the relocation. However, Marina shall notify the Yacht Owner of the relocation, together with the reasons thereof, by telephone or in writing.
10. Services such as water, electricity, shower/WC, internet, etc. as well as mooring boat and pilotage services utilised during the yacht's arrival to or departure from the Marina may be provided for a period of time or indefinitely, with or without charge, according to the Marina's general policy. The duration and/or fees of these services are determined by the management. Marina/Art shall not be liable to the Yacht Owner beyond what is in writing regarding the quality and quantity of additional services and the fees to be applied to them. However, the Yacht Owner is obliged to pay these additional fees to Art separately from the contract price.
11. All maintenance - repair, restoration, revision etc. to be carried out as long as the yacht stays on land shall be carried out by the yacht personnel or the personnel to be allocated by the Maintenance and Repair Supervisor of the Marina/Art. The Yacht Owner agrees to pay to the Marina 400 TL+VAT per person and boat per day and 30% of the labour discovery fee to be determined as a result of the discovery of the Marina Technical Service Management, "WORKING ENTRY FEE" in addition to the contract price for the work or works to be performed by all persons and teams to be brought from outside. The right to change these fees is reserved by marina/Art. It is obligatory for these persons to have a valid and sufficient insurance with 3rd party financial liability. Each personnel who will work in the boatyard must have the necessary documents within the scope of the Occupational Health and Safety Regulation Laws and Regulations (SSI employment declarations, photocopy of workplace tax plate, temporary assignment document with stamp and signature prepared by the workplace, copies of identity cards, health reports (lung radiography for those who will work in dusty places), OHS training records or OHS training certificates, professional qualification / expertise certificate, personal protective possession report, certificates of persons trained in risk assessment, emergency plan, first aid and fire precautions) must be complete, wear appropriate work clothes, use appropriate equipment, wear a hard hat and take the necessary precautions. Within the scope of Occupational Health and Safety Laws and Regulations, it is dangerous and forbidden for persons who do not fulfil the aforementioned obligations to be present and / or work in the slipway area. Accordingly; all responsibility and liability regarding Occupational Health and Safety belongs to the Yacht Owner. Art has no responsibility and liability in this context. In the event that Art is obliged to make payments to third parties due to the Yacht Owner within this scope and for any reason whatsoever, the entire amount paid hereunder may be recourse by Art to the Yacht Owner. The Yacht Owner, on the other hand, is obliged to pay both this amount and all other damages incurred by Art within this scope, together with interest, to Art immediately and in cash upon notification to Art. The yacht owner is aware of this matter and irrevocably accepts, declares and undertakes. Art reserves the right to terminate this contract due to non-compliance with Occupational Health and Safety provisions by the Yacht Owner.
12. The Yacht Owner agrees to pay the Crane Entry Fee per boat in addition to the contract price in case of bringing equipment such as crane etc. from outside other than the contracted crane serving within the Marina. In this case, the Yacht Owner undertakes that all persons providing services within this scope will take all measures regarding Occupational Health and Safety. All responsibility and liability regarding this matter belongs to the Yacht Owner. Art has no responsibility and liability in this context. In the event that Art is obliged to make payments to third parties due to the Yacht Owner within this scope and for any reason whatsoever, the entire amount paid hereunder shall be recourse by Art to the Yacht Owner. The Yacht Owner, on the other hand, is obliged to pay both this amount and all other damages incurred by Art within this scope, together with interest, to Art immediately and in cash upon notification to Art. The yacht owner is aware of this matter and irrevocably accepts, declares and undertakes. Art reserves the right to terminate this contract due to non-compliance with Occupational Health and Safety provisions by the Yacht Owner.
13. The Yacht Owner agrees to pay the MATERIAL TRANSPORT FEE to the Marina for the transport of these materials in addition to the contract price, if the transport of the materials required to be stored in the yacht warehouses from the drydock or mooring area is not carried out by the Yacht Owner / Responsible. In this case, the Yacht Owner undertakes to take all measures regarding Occupational Health and Safety for all persons providing services within this scope. All responsibility and liability regarding this matter belongs to the Yacht Owner. Art has no responsibility and liability in this context. In the event that Art is obliged to make payments to third parties due to the Yacht Owner within this scope and for any reason whatsoever, the entire amount paid hereunder may be recourse by Art to the Yacht Owner. The Yacht Owner, on the other hand, is obliged to pay this amount and all other damages incurred by Art within this scope, together with interest, to Art immediately and in cash upon notification to Art. The yacht owner is aware of this matter and irrevocably accepts, declares and undertakes. Art reserves the right to terminate this contract due to non-compliance with Occupational Health and Safety provisions by the Yacht Owner.
14. The captain, sailor, etc. personnel of any Yacht cannot provide technical services to another Yacht. Otherwise, Article 11 of the Yacht Mooring Agreement shall be applied to the yacht on which work is carried out.
15. Apart from the yacht owner, manager and yacht personnel who work on the yachts, the persons declared as their own personnel and who they want to work on their yachts must be "included in the 90-day insurance payroll of the yacht owner's company". Otherwise, Article 11 of the Yacht Mooring Agreement will be applied to the yacht on which work is carried out.
16. "WORKPLACE PERSONNEL WITH AT LEAST 90 DAYS INSURANCE" to work on yachts, third parties who have paid "WORKING ENTRY FEE" will receive a TEMPORARY ENTRY CARD during this period they will work in the drydock area. Otherwise, Art reserves the right to terminate this contract. The yacht owner is personally responsible for any damage, loss and damage caused by these persons within the Marina. Art will be able to recourse to the Yacht Owner for the damages incurred and the payments it has to make within this scope, whether it is at fault or not. The Yacht Owner, on the other hand, is obliged to pay all of the damages incurred and payments made by Art within this scope, together with interest, to Art immediately and in cash upon notification to Art. Art reserves the right to terminate this contract for this reason.
17. Since the Marina does not guarantee the works to be carried out under the name of warranty, the conditions of Article 11 shall be applied to the companies, technical services, etc. that want to enter for these works. Yacht distributor companies within the Marina pay 25% of this fee for the warranty maintenance of the brands they represent, and distributor companies coming from outside the Marina pay 50% of this fee.
18. For yachts moored at sea, detailed maintenance and repair services cannot be performed on the pontoon. An area that will not harm the environment and will not disturb the environment is allocated by the Harbour Master for maintenance and repair services for termination. Otherwise, the Yacht Owner is obliged to cover all damages incurred by Art in cash and immediately. Art reserves the right to terminate this contract for this reason.
19. For the materials to be removed from the yachts, if the material is to be removed from the dry dock area, it shall be removed in return for the MATERIAL OUTPUT Slips to be received from the Maintenance and Repair Supervisor, if it is to be removed from the sea, it shall be removed in return for the MATERIAL OUTPUT Slips to be received from the Harbour Master. The requirements of the customs legislation shall apply for the removal of materials from foreign flagged yachts. Otherwise, the Yacht Owner shall be liable for all damages incurred by Art in cash and immediately. Art reserves the right to terminate this contract for this reason.
20. In the event that the yachts discharge their wastes such as bilge, sewage, etc. within the harbour, the penal conditions determined by the IMM Maritime Services Directorate as a result of the coordinated work to be carried out with the IMM Maritime Services Directorate shall be applied to the Yacht Owner. In case Art incurs any damages or makes any payments in this regard, the Yacht Owner is also obliged to cover all damages and payments made by Art in cash and immediately. Art reserves the right to terminate this contract for this reason.
21. In accordance with Article 29 of the Tourism Incentive Law titled "Duration of stay of marine tourism vessels in Turkey and cabotage rights" ("Foreign flagged marine tourism vessels may stay in Turkey for up to five years for the purposes of excursion, maintenance, repair, berthing or winterisation. This period may be extended by the Ministry for another five years according to the principles specified in the regulation. ") The Yacht Owner irrevocably accepts, declares and undertakes that "Marina"/Art will not be liable to any person or institution in relation to the Yacht Owner/heirs etc., provided that the rights of receivables are reserved, and that the Yacht Owner irrevocably accepts, declares and undertakes that he/she bears all responsibility for the "Nationalisation, liquidation etc." procedures to be carried out in accordance with the Customs legislation about the Yachts that do not fulfil the conditions at the end of the first year and at the end of the fifth year mentioned above.
22. Foreign nationals who do not have a work permit from the competent authorities of the Republic of Turkey are prohibited from working within the Marina. In case of detection, these persons will be handed over to the authorised units of the police and the legal and criminal liability arising therefrom shall be borne entirely by the Yacht Owner. In the event that Art incurs damages or makes any payment in this regard, the Yacht Owner is also obliged to cover all damages and payments made by Art in cash and immediately. Art reserves the right to terminate this contract for this reason.
23. Yacht and sea fairs may be held in any form and at any time. The places of the yachts moored in accordance with this contract may be used within the periods required for the fair. In such a case, the yachts must be taken to the mooring places indicated by the Marina by the yacht owners as soon as possible. Otherwise, the yachts may be relocated by the marina/Art team and equipment in accordance with the relevant articles. In this case, the marina is not responsible for any damages that may arise. The Yacht Owner is aware of this matter and irrevocably accepts, declares and undertakes.
24. Vehicles must be removed as a result of the necessary warnings for the car park area to be used during the periods required for the fair. Otherwise, the marina will have these vehicles towed and the cost will be charged to the owner of the vehicle. Marina/Art is not responsible for any damages that may arise in this case.

 

OTHER RULES

1. No naked light sources, barbecues, barbecues or fires may be lit inside the marina.
2. After the garbage is filled in special plastic bags and the mouths are tightly closed, it is thrown into the nearest garbage container in a way to prevent odour, flies and mosquitoes. No rubbish bags can be left on the pontoons.
3. It is forbidden to carry out maintenance-repair on the docks and pontoons other than the docks of the dry docking area.
4. Yachts may not be refuelled outside the Marina fuel station. Refuelling can only be done at the Marina Refuelling Station. Other than this, refuelling service cannot be provided from outside at the docks or pontoons.
5. The maximum speed at sea within the Marina is 3 mph. Yacht owners exceeding this limit will be penalised. After a written warning is given, their contracts can be terminated unilaterally by the marina.
6. It is forbidden to wash the boats without using a water gun. For washing without using a water gun, the fee to be determined by the Marina will be charged to the yacht as "YACHT WASHING FEE". Vehicles cannot be washed within the Marina. In case of washing, the fee to be determined by the Marina will be accrued to the account of the Yacht to which the vehicle belongs as "vehicle washing" fee. The Yacht Owner is obliged to pay this fee(s) in addition to the contract.
7. Landing of scaffolding, dock, raft platform and similar equipment next to the Yacht moored in the Marina is subject to the permission of the Marina management. Area-consuming vehicles such as jet skis and boats are subject to a fee.
8. No goods, yacht accessories, bicycles, etc. may be left on the docks, pontoons, sections reserved as pedestrian paths and other general areas and may not be occupied in any way. These materials that cause visual and environmental pollution will be collected by the Marina staff. Marina is not responsible for the protection of these materials.
9. No disturbing behaviour or noise may be made in the Marina. It is forbidden to make noise and disturb those resting and sleeping. TVs, radios, radios and similar devices such as telephones are set at a level that only the users can hear.
10. Keeping pets in the Marina is subject to authorisation. Dogs and all other pets may be walked within the Marina on a leash and accompanied by their owners. They may not be left unattended. Owners are responsible for the cleaning and removal of animal droppings within the Marina.
11. Swimming, diving, fishing, water skiing and wind surfing are prohibited in the Marina.
12. Children are under the responsibility of their parents in the Marina.

The above-mentioned rules are known and accepted irrevocably by the Yacht Owner. In case of breach of these rules, in addition to the general rules of law, the sanctions specified in the Kıyı İstanbul Marina Management Regulations will also be applied. These sanctions shall be paid by the Yacht Owner in addition to the contract price. The damages incurred by Art in this respect shall also be compensated immediately and in cash by the Yacht Owner. However; Art reserves the right to terminate this contract without any warning and without refund.

 

SAFETY

1. The security of the Marina is provided uninterruptedly by subcontractor personnel, the number of which is determined and approved by the Istanbul Police Department, specially trained and equipped with the authorisations of private security personnel.
2. Private Security Personnel are authorised by the Turkish Ministry of Interior to conduct body searches, arrest, detain and use firearms.
3. The security service, which is carried out in close co-operation with the Istanbul Police Department, is only a precautionary measure.
4. Due to the fact that the security service is only a precautionary measure, Art cannot be held liable in any way whatsoever for any material and immaterial loss, loss and damage that may occur, except in the event that it is due to the fault and deliberate action of the personnel employed by the company in the Marina; partial or complete theft, loss, damage of the yacht or the person, the material in the registered and unregistered inventory, and any material and immaterial loss, loss and damage that the Yacht Owner may suffer due to injury, murder and terrorist incidents. The entire responsibility of the yacht or the person, the goods and materials in the registered and unregistered inventory lies entirely and solely with the Yacht Owner.

The above rules are known and irrevocably accepted by the Yacht Owner. In case of breach of these rules, in addition to the general rules of law, the sanctions specified in the Kıyı İstanbul Marina Management Regulations will also be applied. These sanctions shall be paid by the Yacht Owner in addition to the contract price. The damages incurred by Art in this respect and/or the amounts that Art is obliged to pay shall be covered immediately and in cash by the Yacht Owner. However; Art reserves the right to terminate this contract without any warning and without refund.

INSURANCE

The Yacht Owner is obliged to insure his/her yacht including third party liability insurance as long as the yacht is kept in the Marina. In addition, the Yacht Owner shall be liable for any loss or damage caused to other Yachts, third parties and Marina facilities within the Marina, whether or not the Yacht or its crew is at fault. In the event that Art is obliged to make payments to third parties due to the Yacht Owner within this scope and for any reason whatsoever, the entire amount paid hereunder may be recourse by Art to the Yacht Owner, whether the Yacht Owner is at fault or not. In such a case, the Yacht Owner is obliged to pay this amount to Art immediately and in cash.

Matters covered by the insurance of Marina/Art and under the responsibility of Art

The company has a limited Financial Liability Insurance Contract for the damages to be incurred by third parties during the provision of a service by Marina vehicles, equipment and personnel.

1. All kinds of losses, damages and losses and damages that may arise due to the inadequacy and/or malfunction of the travellift used during the launching or retrieval of a yacht from the sea within the scope of the towing service, the inadequacy, error or negligence of the company's personnel controlling the travellift are under the guarantee and responsibility of the company.
2. All kinds of loss and damage that may arise during the maintenance and repair of the yachts by the company personnel (excluding subcontractor personnel) are under the guarantee and responsibility of the company.

 

Matters not covered by the insurance of Marina/Art and not under the responsibility of Marina/Art

 

Yacht owners and captains, crews and yachtsmen are authorised to use the Marina or other Yachts;

1. During mooring and disembarkation at the marina,
2. During maintenance and repair during parking on land,
3. Jointly and severally liable for any damage and loss caused to other boats due to failure to take necessary safety measures when moored.

 

Losses, damages and losses not caused by the Marina's fault:

1. Damages and losses caused by the Yacht Owner and his guests to the Yacht, other Yachts, persons, Marina's facilities, vehicles, equipment and personnel, Marina subcontractors' vehicles, equipment and personnel,
2. Material and moral damages, losses and losses arising from persons entering the Marina from outside,
3. It is strictly forbidden to change the outrigger locations of the yachts on land in the Marina by persons other than Marina personnel without the knowledge and permission of the Marina, and any loss, damage and loss arising from contrary behaviour,
4. All damages and losses that may occur to yachts and persons as a result of natural and unnatural disasters such as floods, floods, storm winds, storms, tornadoes, earthquakes, aircraft, helicopter crashes and / or crashes,
5. Theft and losses that may occur in the marina depositories.
6. Damages, losses and damages that may occur after the maintenance and repair works provided by the Company Maintenance - Repair department and for which there is no written guarantee,
7. Losses, damages and losses that may occur while the Yacht Owner is on board the Yacht as responsible for the use and management of the Yacht, despite the provision of mooring boat service during the relocation of the Yachts within the Marina,
8. Losses, damages and losses caused by events such as the rupture of rotten or weak parts or separation of the keel from the keel during the removal of the yachts from the water by Travel-lift and transporting them to their places on land or during their removal from their places on land and launching them into the sea. Losses, damages and losses incurred by the Yacht Owner while carrying out maintenance and repair works on the Yacht on land or by the Yacht, vehicles or persons in the vicinity.
9. Contracts for yachts that do not have full coverage and correct value insurance or whose insurance periods have expired but have not been renewed will remain valid only if Third Party Liability Insurance has been taken out. The Contracts of the Yachts that do not renew their insurance although the insurance period has expired will be automatically cancelled and the Marina will have no liability whatsoever. In such cases, all necessary procedures for the removal of the yacht from the Marina will be carried out by the Marina and all expenses arising from this will be charged to the Yacht Owner in addition to the contract price.
10. Mooring Boat personnel are responsible for safely mooring the boats to the predetermined mooring place. The yacht owner / captain is responsible for the safe mooring of the ropes on the boat and the use of the correct, durable rope and the availability of adequate fenders. In the event that Art incurs damages or makes any payment in this regard, the Yacht Owner is also obliged to compensate all damages and payments made by Art in cash and immediately. Art reserves the right to terminate this contract for this reason.
11. It is forbidden for the mooring boat crew to be on the boat. However, in cases of necessity (such as engine failure, bad weather conditions), upon the request of the yacht owner / captain, the mooring boat personnel may climb on the boat. The responsibility for all errors and/or accidents that may arise for this reason belongs to the yacht owner / captain. In the event that Art incurs any damages or makes any payments in this respect, the Yacht Owner shall also be liable for all damages incurred and payments made by Art in cash and immediately. Art reserves the right to terminate this contract for this reason.
12. Marina is not obliged to notify or remind the yacht owner/captain of the end date (Yacht Mooring Agreement).

Even if not listed above, except for the cases under the heading "Matters covered by the insurance and responsibility of the Marina/Art", no other matters are covered by the insurance and responsibility of the Marina/Art.

 

FORCE MAJEURE:

The parties cannot be held liable for failure to fulfil their contractual obligations due to reasons not attributable to them, such as epidemic, fire, flood, earthquake, unfavourable weather conditions, compliance with an order given by a port, customs, municipality or other competent authority, government interventions, strikes, lockouts, war, terrorist acts, etc., which cannot be prevented and which will be considered force majeure. In such a case, Art will refund the cost of the days that the Yacht Owner does not benefit from the services agreed that the Yacht Owner can benefit from under this contract due to force majeure to the Yacht Owner within a period of 14 days.

 

CONTRACT AMENDMENTS:

The provisions of this contract can only be amended with the written agreement of the parties. Otherwise, the amendments made will be deemed invalid.

 

EVIDENCE AGREEMENT:

In case of disputes between the parties, the records of Art. The parties agree that Art's commercial books and records, computer records, e-mails, invoice information and all kinds of documents, including but not limited to these, shall constitute valid, binding and conclusive evidence in all disputes arising from the implementation of this Agreement, in accordance with Article 193 of the HMK.

 

VALIDITY, APPLICABLE LAW AND DISPUTE RESOLUTION:

All matters related to the interpretation, creation and enforcement of this contract are subject to Turkish Law. In this respect, the Turkish Code of Obligations, the Code of Civil Procedure and other relevant laws shall apply in matters not provided for in this Agreement.

If one or more provisions of this Agreement are found invalid or unenforceable by any jurisdiction or court, this shall not invalidate the other provisions of this Agreement, which shall remain in full force and effect. The gap shall be filled by interpreting the legal legislative regulations in the closest sense in favour of Art instead of the outdated regulation.

Bakırköy Courts and Execution Offices are authorised for any disputes arising / may arise between the Parties during or after the implementation of this Agreement.

 

TRANSFER

Art may, at its sole discretion, transfer and assign its obligations or rights under this Agreement, in whole or in part, to others without obtaining the consent of the Yacht Owner.

 

NOTICES AND NOTIFICATIONS

All notices, notices or warnings to be made in relation to this agreement may be made verbally or in writing.

Notifications related to this agreement shall be made to the above addresses of the parties and unless the change of address is notified to the other parties in writing within 15 business days, all notifications to be made to the above addresses shall be deemed to have been made personally. Any notification made to the address of the Party in breach of this provision to the other Party shall be deemed legally valid.

 

ANNEXES:

The following annexes to this contract are an integral and integral part of the contract.

Annex-1: Preliminary Agreement and Proposal Form

Annex-2: Marina Management Regulations

Annex-3: Fee list for the relevant year approved by the Ministry of Tourism

Annex-4: Tonnage certificate, Transitlog

Annex-5: 3rd Party Financial Liability Insurance Policy of the yacht

Annex-6: Yacht Owner Identity or Company Authorised Signature Circular or power of attorney for the yacht

 

Marina İBAN Numbers:

TR93 0001 0005 8197 5978 3850 03   ZİRAAT BANKASI EURO

TR93 0001 0005 8197 5978 3850 01   ZİRAAT BANKASI TL

 

SIGNING OF THE CONTRACT:

This contract consists of 10 pages, 24 main articles and sub-articles and has been signed on ...../......./......, with one original copy to be kept by Art and one copy to be kept by the Yacht Owner, by reaching an agreement between the parties fully and strictly, without any objection.

 

Kıyı Istanbul Marina Operation Regulation

KIYI ISTANBUL MARINA

MANAGEMENT REGULATION (YACHTS AND YACHT OWNERS)

 

A.  PURPOSE

This Regulation regulates the management, operation and service principles in order to serve yachts, yacht owners, yacht crew, yacht customers, Commercial Unit Operators and those who will benefit from these units, and to provide a clean, safe and peaceful living and working environment in all land and seawater facilities belonging to the Marina named KIYI ISTANBUL MARINA, established in ISTANBUL Province, BÜYÜKÇEKMECE District, in order to serve yacht owners and crew, yacht crew, yacht customers, Commercial Unit Operators and those who will benefit from these units.

B.  SCOPE

This Regulation covers all administrative and commercial matters related to the performance of the work specified in the contract to which it is annexed, the conditions for the performance of the work in a perfect organization, and if any contract refers to this Regulation, it constitutes an integral part of that contract. These Regulations and the Agreement contain the sole terms and conditions that the real or legal persons who are parties to the Agreement are obliged to comply with, and supersede any previous oral or written correspondence between the parties. In case of any discrepancy between this Regulation and the Agreement, the provisions of the Agreement shall prevail.

C.  LEGAL BASIS

This regulation has been issued in accordance with Article 17 of the Marine Tourism Regulation on the Development of Yacht Tourism, which was issued by the decision of the Council of Ministers on June 29, 2009 in accordance with subparagraph 4 of paragraph A of paragraph 1 of Article 37 of the Tourism Encouragement Law No. 2634 and published in the Official Gazette dated July 24, 2009 and numbered 27298.

 

D.  DEFINITIONS

Mooring Permit;


• Permission given to the boat owner to use a suitable mooring place in the marina is a document.

• Mooring Place;
  

  Means a dock, pier mooring place or slipway.

• Ministry
  

  The Ministry of Culture and Tourism of the Republic of Turkey,

• Work Permit;
  

  Issued by the Company to individuals, enabling them to work in the Marina and on the Boat is a document.

• Launching Operation;
  

  The process that starts with the removal of the yacht from the place where it is located on land with the help of a Travel Lift or a travelling yacht crane and ends with its release into the sea or on any carrier

• Business or Company;
  

  ART MARINA GAYRİMENKUL ANONİM ŞİRKETİ which operates Kıyı Istanbul Marina Yacht Harbour

• Lifting and Landing;
  

  The process that starts with the removal of the yacht from the sea or from its carrier with the help of the travel Lift, and ends with the installation of the outriggers and connection straps following the placement of the yacht on the Boat mover or on land,

• Marina User;
  

  The yacht owner, responsible and authorised person who uses the marina and benefits from the facilities. Any person (other than an employee of the Company)

• Marina (marina);
  

  Kıyı İstanbul Marina yacht harbour, drydock, boatyard and yacht berthing piers and docks located in İstanbul Büyükçekmece District affiliated to ART MARİNA GAYRİMENKUL ANONİM ŞİRKETİ,

• Hot Work;
  

  Work with flammable and explosive materials, activities that lead to the formation of naked flames, sparks or flammable and explosive gases.

• Health and Safety Policy;
  

  Rules for health and safety purposes implemented by the company.

• Contract;
  

  The agreements between the Yacht Owner and the Operator, company, or management in relation to the yacht's request for a mooring place or lifting and Launching and onshore accommodation services and other services in the Marina or with the Commercial Unit Operator for the purpose of operating a commercial unit,

• Yacht
  

  A marine vessel built in yacht type, used for recreational and sporting purposes, not in the nature of cargo and passenger ships, specified as 'Commercial Yacht' or 'Private Yacht' in the measurement (tonnage - certificate) document and using the marina registered and registered in accordance with the law with the competent authority of the country whose flag it carries,

• Yacht Width (B.max.);
  

  The widest width of the yacht perpendicular to the bow-stern centre line in the horizon direction distance,

• Full Length of Yacht (L.O.A.);
  

  The length of the horizontal distance between the aftmost point including davits and bathing platform, if any, at the stern on the centre line in the bow-stern direction on the deck of the yacht and the frontmost point including cane, if any, at the bow,

• Marina/Facility/Marina;
  

  The whole facility including mooring places, berths, piers, roads, car parks, buildings, dry docks and other areas, equipment and facilities located in all land and sea areas of Kıyı İstanbul Marina facilities under the control of the Company,

• Marina Manager;
  

  The person authorised and responsible for the implementation of this Regulation appointed by the Board of Directors of the Company,

• Marina Safety Area;
  

  The area where yachts are moored and separated from the public area by a security fence and railings, landscaping, yacht berthing places, floating piers, docks, breakwaters, filling areas, supply station, ferry dock, yacht dry dock, car parking areas, yacht units and the area reserved for the yacht owner, crew and yacht customer,

• Yacht Crew;
  

  Authorised by the Yacht Owner to be on board and/or performing a service to the Yacht Persons (other than the customer and those providing temporary service to the yacht from outside),

• Yacht Customer;
  

  Private and legal persons brought/sent to the Marina by the Yacht Owner and/or for the purpose of partially and/or fully benefiting from the commercial services and/or the Yacht itself,

• Yacht Guest
  

  'Persons brought or sent to the Marina by the yacht owner in order to benefit from the yacht'

• Yacht Owner;
  

  Means the legal or real persons, individually or collectively, registered as "Owner" in the Tonnage Certificate of the Yacht, or the legal or private persons authorised by the Owner to operate the Yacht, or the charterer, agent or any other person with a power of attorney who holds the management of the yacht at that time, knowing the Contracts made with the Management in full detail and accepting and undertaking to comply with the conditions.

 

E. AUTHORITY OF THE MARİNA MANAGER

The Marina Manager has the following authorities in order to ensure the regular, clean and safe operation and management of the Marina and to ensure coordination between the service personnel and the services:

• Arranges the entry, mooring, stay and exit of yachts to and from the Marina.
• It determines the places where the yachts will berth and moor, and is authorised to change the allocated mooring or onshore parking places of the yachts without notifying the Yacht Owner in cases it deems necessary or in extraordinary circumstances, by notifying the captain and owners if they are present at the marina, and if not, by the personnel in charge under its command.
• In case of emergencies that cannot be notified to the Yacht Owner, if deemed necessary, the Yacht Owner shall ensure that the yacht is taken ashore or the necessary repairs are made, the fee to be paid later by the Yacht Owner.
• In the event that it is determined that there is a yacht in the Marina whose owner is unknown and does not have a valid Mooring Agreement, it ensures that this yacht is taken ashore when necessary for its safety and collects the cost of the service provided after the yacht owner is determined. In the event that the yacht owner cannot be determined, any legal action necessary for the collection of the accumulated debts of the yacht shall be taken by the Management.
• The Management warns the yacht owners, captains and personnel who behave contrary to the provisions of this regulation or disrupt the order and tranquility of the Marina and create danger for the public, and removes the persons who continue the same or similar behaviours despite the warning by notifying the Port Authority and takes other penalty measures. Unilaterally terminates the Mooring Agreements made with the Management by the Yacht Owner who does not comply with the rules. In such cases, the Management shall carry out all operations necessary for the yacht to be taken out of the Marina, including the landing of the yacht, at a cost to be debited to the Yacht Owner. Marina management shall have no responsibility for any damages that may occur to the yacht during the period of stay in the Marina due to the yacht owner's failure to take the yacht out of the Marina after the cancellation of the mooring contract. In the event of similar behaviours of persons other than yachts and yachtsmen, the Marina shall exclude them from the Marina, not allow them into the Marina and prohibit them from benefiting from the facility activities. The Management shall not be held responsible for any damages and losses that may arise for the parties that may be affected by the refusal to allow the entry of persons, companies, vehicles and marine vessels whose attitudes and behaviours are determined to be contrary to the terms of this regulation or the cessation of service provision.
• Calls law enforcement officers to duty when deemed necessary to ensure peace, order and safety in the Marina.
• It examines the works carried out for the operations specified in other articles of this regulation, which are subject to permission, and gives permission when it deems appropriate.
• Performs the duties and takes the measures stipulated by this regulation.
• It does not allow the departure of the yachts and the entry of the yacht owner to the Marina Area unless the fees accrued in accordance with the tariff approved by the Ministry are paid by the owner (see Article I, Section 2).
• Upon the request of the Marina Manager, watercraft other than yachts may enter the marina authorises.
• It regulates the principles regarding the work of the personnel working in other services provided within the scope of the 'Tourism Operation Certificate' at the Marina, ensures coordination between these services and requests the Ministry to punish those who do not comply and those with objectionable behaviours according to Article 31 of the Tourism Encouragement Law No. 2634 and/or to ban them from the service.
• Supervises cleanliness and safety in the marina. Controls the dress, attire and behaviour of the employees.
• When deemed necessary, he/she may delegate his/her powers specified in this regulation partially or completely to his/her subordinates with written instructions.
• Takes all kinds of measures to prevent pollution of the Marina area and requests the Yacht Owner or captain to take the necessary measures.
• When deemed necessary, he/she may allow the operations prohibited by this regulation or may introduce new rules and regulations with the approval of the Marina Manager.

 

F.  PRINCIPLES TO WHICH YACHTS AND YACHT OWNERS ARE BOUND

• ENTRY – EXIT & BINDING
  • The Yacht Owner is obliged to learn the legislation and take the necessary precautions in a timely manner regarding the entry and/or exit of himself, his Yacht and his companions into and/or out of Turkish territorial waters, navigation in Turkish territorial waters, leaving the Yacht under the responsibility of the Management and resolving the responsibility, leaving Turkey by any means other than his yacht. In order for the Management to assist the Yacht Owner in these matters upon request, the Yacht Owner is obliged to prepare the necessary information and valid documents regarding the Yacht, the Yacht Owner, the Yacht Crew and the Yacht Customer and to inform the Management sufficiently in a timely manner. The Management cannot be held responsible for any difficulties that the Yacht Owner may encounter due to contrary practices and/or legislation. The responsibility of the Foreign Flagged Yacht Owner continues until he/she submits the Yacht Registration Document (transitlog) between Turkish Ports to the Management, completes the necessary procedures in Public Institutions and states that he/she will leave Turkey. Entry of the owner, captain, crew and third parties to the yacht, whose legal procedures are completed and left to the responsibility of the Management, is subject to the permission of the Management.
  • Duration of stay of marine tourism vessels in Turkey and cabotage rights:
    Article 29 - (Amended: 28/12/2006-5571/18 art.)
    Foreign flagged marine tourism vessels may stay in Turkey for up to five years for the purposes of excursion, maintenance, repair, berthing or winterisation. This period may be extended for another five years by the Ministry according to the principles specified in the regulation. "Marina" declares that it will not be liable to any person or institution such as yacht owner/heirs etc., provided that the rights of "Marina" receivables are reserved from the "Nationalisation, liquidation etc." transactions to be carried out in accordance with the Customs legislation about the yachts that do not fulfil the conditions at the end of the first year and at the end of the fifth year mentioned above, and the yacht owner is deemed to have accepted this declaration stated in this operating regulation and the principles of the binding agreement in advance.
  • The depths in the sea area of the Marina, piers and docks, mooring plans according to the lengths of the yachts and mooring place numbers are displayed in the mooring office, administrative office and on the website.
  • It is forbidden for watercraft other than the definition of Yacht specified in Article D of the Operation Regulation to enter, moor or land in the Marina area. Permission may be granted only in case of emergency, this situation is at the disposal of the company.
  • The yacht owner, who will moor his yacht and/or benefit from other services in the Marina, must fill in and sign the mooring agreement with the Management completely and correctly on the day the yacht enters the Marina at the latest, and the yacht's valid Measurement (Tonnilato) Certificate, The yacht is obliged to submit the documents such as seaworthiness, insurance policy (which meets the obligations specified by the company), documents showing and proving that it is authorised to sign the contract to the company completely and accurately and to fill in and sign the mooring contract completely and accurately. However, in cases where the information in the relevant documents is not fully specified or in cases where there is an opinion that there may be a difference between the dimensions given in the document and the actual values, the company assigns its personnel to measure the Full Length and Width of the yacht according to the principles specified in Article 1.
  • The Management allocates to the Yacht Owner, who has made a Mooring Agreement, not a specific place within the maritime area of the Marina where he can moor his Yacht, but any place suitable for the mooring of the Yacht. The yacht owner cannot berth and moor other than the mooring place allocated to him/her. The Mooring Agreement of the Yacht mooring at a place not allocated to him/her is unilaterally terminated, no refund is made and the Yacht is taken out of the Marina. The Management is always authorised to change the location of the yacht at sea or on land, including in case of danger, fairs and other events and in all cases deemed necessary, without notifying the Yacht Owner. The Management does not need to obtain permission from the Yacht Owner for the relocation, the Management informs the Yacht Owner.
  • Mooring Agreements are not rental agreements in any way and cannot be transferred. The contracts are signed jointly by the Marina management and the yacht owner and are valid for the period specified on them.
  • Yachts shall be moored to the bollards, moorings and equipment allocated for mooring purposes only, taking into account all foreseeable weather and tidal conditions, in accordance with seamanship procedures and in a manner deemed appropriate by the Management. Unless otherwise agreed by the parties, the necessary ropes and fenders shall be provided by the Owner. The Yacht Owner is responsible for the adequate number and quality of these ropes and fenders, their replacement when necessary, their maintenance and use. For the mooring of the yacht at sea, one vault chain and/or rope is provided at the mooring place; the Management recommends that this chain or rope is attached to the appropriate anchor point on the yacht for the safety of the yacht. In the event that the Yacht Owner prefers to add his/her own rope to the connection to be made to his/her Yacht, the Yacht Owner accepts and undertakes that all responsibility belongs to him/her. Losses, damages, losses and damages caused directly or indirectly to other yachts, property belonging to third parties, the facilities, tools, equipment and personnel of the Management due to the breakage of the vault rope and other connection ropes enabling the yacht to be moored at sea other than the vault chain and/or rope provided by the Management, or the fenders around the yacht becoming inoperable for any reason, are not covered by the Financial Liability Insurance of the Management and are not under the responsibility of the Management.
  • The yacht that will benefit from the Marina must be fully equipped, able to sail with its own facilities, seaworthy in a protected manner against all weather and sea conditions, free from pollutants and/or equipped with environmentally protective equipment.
  • Yachts shall inform the Management and obtain permission in advance when entering the marina, when mooring to the place allocated to them in the manner and system shown, before changing their place inside, when changing their place by lifting, and when exiting. At this time and when necessary, the Yacht Owner is obliged to get the assistance of the mooring boat and to act in accordance with the mooring. The responsibility during the manoeuvring of the mooring boat and the damages, losses and damages that may occur during the presence on the Yacht of third parties authorised by the Yacht Owner as responsible for the use and management of the yacht are under the responsibility of the Yacht Owner and are not covered by the Financial Liability Insurance of the Management and are not under the responsibility of the Management. Those who do not comply with this rule may have their rights to enter the Marina and mooring rights revoked by the Management.
  • The yacht shall navigate within the marina in accordance with maritime procedures and at a speed that will not cause damage or disturbance to other boats (in any case not more than 3 knots) only with engine power and in any case without using sails.
  • The Yacht Owner is responsible for the valid and sufficient driving licence of the person assigned for the manoeuvring of the yacht and all maritime related services within the Marina and for any consequences thereof.
  • It is strictly forbidden to anchor in the Marina Area. Mooring to another yacht is only possible with the permission of the Management and with the permission of the owner or captain of the yacht to which the moorings will be tied, except in special cases. Yacht owners, captains and officers cannot refuse to untie their moorings when necessary to facilitate the movement of another yacht.
  • The Yacht Owner shall keep his yacht in a clean, tidy and fully equipped condition at all times and shall ensure that it is in a seaworthy condition so as to enable it to leave the Marina at any time within a reasonable short time under its own power and using its own means.
  • The yacht owner agrees in advance to comply with all rules and principles of the Marina notified or publicly announced to him/her during his/her stay in the marina. An announcement posted on the marina notice board or published on the website shall constitute notification to the yacht owner.

 

• SEA AREA UTILISATION
  • The yacht that will benefit from the marina must have a valid Third Party Liability Insurance in an amount to be determined by the Company. Such insurance must be provided by a reputable insurance company and the yacht owner must deliver a copy of the insurance policy to the Management before any authorisation document is issued. The yacht owner must notify the marina management immediately if there is a change in the insurer or insurance coverage. The Contracts of the yachts whose insurance periods have expired but whose policies have not been renewed will be automatically cancelled and the Management will have no responsibility. In such cases, all procedures required for the removal of the yacht from the Marina (including landing the yacht) will be carried out by the Management and all expenses arising for this reason will be taken from the Yacht Owner, but the Yacht Owner is always directly responsible for the damage and loss that cannot be covered by the 3rd party liability insurance.
    The yacht owner will be charged on an hourly or daily basis with the tariff determined by the marina for the outside craftman working in the marina area, the yacht owner is obliged to pay this fee. The yacht owner is responsible for all damages that may be caused by outside craftman. It is obligatory to declare the identity and insurance information of the craftman to the marina. The yacht owner is obliged to give written information to the marina before the entry of the craftman.
  • The Yacht Owner is obliged to notify the Management in writing in advance of the third parties he/she will send to the Marina for the purpose of using, working and/or staying on his/her Yacht when he/she is not on board. In such an application, the Yacht Owner is obliged to comply with the legal legislation. The Yacht Owner is solely, jointly and severally liable for the compensation of any loss, damage, loss and damage caused directly or indirectly to other yachts, to the facilities, vehicles, equipment and personnel of the Management, to the vehicles, equipment and personnel of the subcontractors of the Management, to other yachts, to the facilities, vehicles, equipment and personnel of the Management due to the failure to take the necessary safety precautions during the mooring and departure of the Yacht to the Marina, during parking, lifting, repair, maintenance and repair on land, and in the moored state by third parties or persons authorised by the Yacht Owner to use and/or stay on their Yacht. All kinds of losses, damages, losses, damages and costs and the legal claims of the Business are considered within the scope of the said damages. For these reasons, the amounts to be claimed by third parties from the Business and the related costs are also within this scope. All kinds of losses, damages, losses, losses and costs that may occur are not covered by the Financial Liability Insurance of the Company and are not under the responsibility of the Company. Persons who are not authorised in writing by the Yacht Owner shall be excluded from the Marina bour by the Management. The Yacht Owner agrees and undertakes in advance that he/she will not hold the Management responsible for any damages and losses arising from the removal of such persons from the Marina.
  • Losses and damages that may occur to yachts, yacht owners and third parties as a result of extraordinary natural disasters such as floods, floods, stormy winds, storms, hurricanes, tornadoes, earthquakes, lightning and the impact of sea, land and air vehicles within the marina are not covered by the Financial Liability Insurance of the Management and are not under the responsibility of the Management.
  • Theft, loss and damages that may occur in the safety and material storages to be allocated by the Management to the Yacht Owners are not covered by the Financial Liability Insurance of the Management and are not under the responsibility of the Management.
  • The supply of lines such as cables and hoses extending from the water, electricity, telephone and data connection points in the Marina area to the Yacht shall be carried out by the Yacht Owner in accordance with the standards and within the knowledge of the Management. The Management shall not be liable to the Yacht Owner for the quality and quantity of additional services beyond what is written. The installations of the yachts wishing to receive electricity from the Marina must be according to normal norms, and those using heaters and similar devices must use cables according to the ampere rate. The parties agree that the cables connected to the electrical appliances inside the yacht must be pulled by the yacht owner in a safe and professional manner. Electricity and water connections must be disconnected before the yacht's connections are removed.
  • Lifeboat, service boat (the total area covered by the commodity under the name of service boat is maximum five (5) square metres). It must be kept on the yacht or hanging on the davits. Otherwise, the Yacht Owner is obliged to make a mooring agreement for the lifeboat, service boat. The name of the yacht must be clearly written on the yacht and on all axles, skids, trailers and other vehicles belonging to the yacht.
  • The grounding of the yacht belongs to the yacht owner. The Management shall not be liable for low electrical voltage, fluctuations in voltage, power, data interruptions, etc. and any damage and loss arising therefrom.
  • All adequate and necessary precautions (especially water drainage systems) are taken by the Yacht Owner against water ingress into the yacht due to rain and other reasons. The Management is not obliged to drain the water of the Yacht, except for the service subject to a fee that may be provided upon the written request of the Yacht Owner. The Yacht Owner accepts and undertakes in advance that he/she assumes all responsibilities against environmental pollution arising from his/her yacht while establishing the systems related to water drainage on his/her yacht and/or requesting service from the Management in this regard.
  • All kinds of precautions shall be taken by the Yacht Owner against issues that cannot be accepted in the Marina such as the presence of harmful creatures such as pests, mice on the yacht and/or the spread of unsanitary odours and similar effects from the yacht to the environment. If deemed necessary, the Management may take necessary measures at the expense of the Yacht Owner to eliminate the determined negativity.
  • It is obligatory for the Yacht Owner to take all necessary precautions to prevent fire, to have fire fighting equipment of sufficient size and quantity with appropriate standards and specifications that can be used immediately in case of a possible fire specified in the relevant legal regulations on the yacht and to have each of them registered. At least one fire extinguisher must be located in a visible and easily accessible place on deck.
  • In case of emergencies such as fire, sea swell, storm, terrorist attack, etc. that may occur within the Marina, yachts act in accordance with the instructions of the Marina Management and the Yacht Owner and crew accept and undertake to provide all kinds of assistance requested.
  • In the event that yacht owners and captains leave their yachts at the Marina for a period exceeding one day, they are obliged to provide their destination, addresses, telephone numbers, if any, and similar emergency contact information in writing, except for the information specified in the contract. In this case and/or due to urgent or operational requirements, the yacht shall leave the spare entry key required to move the yacht or to enter the yacht to the authorities appointed by the Management against signature. The Management shall not be liable for any damages and losses that may occur during the period in which the yacht's entry key is at the Management, except for the faults and negligence of the Management. 3rd parties are not given the key without the authorisation of the yacht owner or captain. The Management may let others use the empty mooring place when the yacht is not in the Marina and may earn income on its own account.
  • Yacht owners who do not have a sewage tank cannot use the toilets and bathrooms on their yachts as long as they are in the Marina. They cannot wash dishes and laundry on the yacht, nor can they wash boats with detergent. It is obligatory for the yacht owner to use the WC, shower groups and laundry and dishwashing places allocated by the Marina. Otherwise, the cleaning fee of the polluted area such as the sea, dock, pier, etc. will be charged to the Yacht Owner.
  • No fuel, flammable, toxic, harmful substances and liquids, paints, chemicals or potential pollutants may be brought to the Marina unless they are in a secured, leak-proof and robust container. The yacht owner is obliged to strictly observe all regulations, local laws and rules in this regard, to comply with the good working practices of these substances and to act in accordance with the guidelines and principles prepared by the manufacturer and the Company's Health and Safety policy. It must be ensured that the containers kept are seawalled in properly drained and ventilated areas and insulated when in use. Absolutely no chemical substances can be thrown into the marina and the sea. If flammable or explosive substances are found on the yacht, their types and quantities are also notified to the Management.
  • Radio, telephone, television, internet broadcasting cannot be made from yachts in the Marina. Bonded fuel demands can only be met from the fuel stations located within the Marina. If the company cannot provide fuel with its own facilities, no external fuel entry is allowed except for the supply of SCT-free and/or duty-free fuel. It is obligatory for the transporters who bring fuel without SCT and/or duty-free fuel, who only have an agreement with the Management and only in the regions determined by the Management, to have third party financial liability insurance valid within the limits determined by the Management. Within the boundaries of the Marina does not allow the entry and refuelling of transport vehicles without valid and adequate third party liability insurance.
  • The Yacht Owner is directly and jointly and severally liable for all kinds of damages and losses caused to the Management and its personnel, other Yachts and authorities in the Marina and third parties by the behaviour and actions of himself/herself, the Yacht Crew on the Yacht and all those who fall within the scope of Yacht Customers.
  • The Yacht Owner cannot sell yachts for commercial purposes. Such a sale is only permitted if it is not part of a business or trade, but takes place between individuals. The Yacht Owner may dispose of his yacht while it is in the Marina, provided that he or his representative is always present when the yacht is shown or introduced. The Yacht Owner may not hang a For Sale advertisement or a similar advertisement on the Yacht or anywhere in the Marina without the prior written consent of the Management.
  • If the owner of the Yacht, which has a valid contract with the Management, changes for any reason, the old and/or new Yacht Owner cannot claim any payment from the Management for the remaining days, if any. The Management is free to make a mooring contract with the new owner of the yacht or not. If the Management approves to make a contract with the new Yacht Owner, the new Yacht Owner is obliged to make a new contract with the Management immediately (maximum 7 days). Otherwise, the former Yacht Owner accepts and undertakes that he/she will be responsible for any problems that may arise.
  • The Mooring Agreement and the onshore accommodation Agreement are valid only for the named Yacht. It cannot be transferred to another boat in any way.
  • Contracts are valid between the dates specified in the contract. The Contract may be renewed by mutual agreement 15 days prior to the expiry date, at the request of the Yacht Owner, in accordance with the conditions (on that day). The Management reserves the right not to renew the Contract when deemed necessary.
  • The personnel to be assigned by the Management shall have the right to enter the Yacht in all special and emergency situations in order to perform other activities not listed herein, such as re-mooring, mooring, relocation, moving, lifting, launching and rescuing, in line with the timely notification of the Management and its facilities, for the safety of the Yacht and dangerous situations that may occur on the Yacht without an authorised person on board. In this case, the Yacht Owner shall be paid for the works performed by the Management. The discretion of in which cases the measures listed herein or not listed herein should be taken belongs entirely to the Management.
  • Unless the written permission of the Management is given before or during the contract, the Marina and/or Yachts cannot be used for commercial purposes.

 

• LIFTING AND LAUNCHING
  • Losses, damages and losses caused by events such as rupture of rotten or weak parts of the yacht or separation of the keel from the keel or keel from the keel during the removal of the yachts from the water by overhead crane to their places on land or removal of the yachts from their places on land to the sea or their transportation by boat carrier or their transfer on another carrier or their transfer on another carrier are not covered by the Financial Liability Insurance of the Company and are not under the responsibility of the Company.
  • Any damages, losses and losses that may arise due to the inadequacy and/or malfunction of the overhead crane used during the launching or landing of a yacht within the scope of the lifting service or the boat carrier used during the relocation of the yacht, and any damages, losses and losses that may arise due to the inadequacy, error or negligence of the operating personnel controlling these vehicles are under the guarantee and responsibility of the Management if it is finalised by a court decision that they are caused by the negligence of the Management.
  • At the end of the lifting or launching process, the Yacht is deemed to have been received by the Owner. If the yacht is placed on the carrier, all necessary precautions are taken by the Owner to keep the yacht balanced and safe on the carrier. After the yacht is launched, following the dismantling of the outriggers, in the event that a situation occurs which prevents the yacht from being launched or placed on the carrier, except for the fault of the Management (the yacht is placed in the water
    In cases such as determination of taking on water after lowering, determination of a situation requiring repair on the hull, etc.), the Yacht Owner pays all kinds of fees to be made for the removal of the obstruction, and also accepts and undertakes to pay additional fees for waiting and/or operation on the travel lift.
  • It is the responsibility of the Yacht Owner to take all kinds of precautions during and/or after the yacht is towed from the sea with the travelling yacht crane or discharged from the land, transported, transported with the boat carrier, not to have any personnel on and/or inside the yacht, if there are any extensions such as the guy wires that will touch the upper arch of the yacht's travelling crane, to loosen and remove the connections of these extensions, to reinstall them at the end of the process, and any damages and losses that may occur due to any deficiency or error in performing these operations.
  • During the process of lifting and/or launching, the Management cannot be held responsible for the failure to start or abandonment of the lifting process as a result of unsuitable environment (wind speed, sea state, sea water level, adequacy of air lighting, etc.) and/or unforeseen technical conditions.
  • The yacht owner is obliged to ensure that the inclination and trim of the yacht is at 0 (zero) degrees before starting the dry docking process.
  • It is the yacht owner's responsibility to bring the yacht to the slipway pool on time and to tie it up in a suitable condition after receiving confirmation from the Management that it is his/her turn for the lifting process. If it is not possible to bring the yacht to the slipway pool on time with its own means, the process can be carried out by the Management and the Yacht Owner accepts and undertakes to pay for the service provided.
  • It is the yacht owner's responsibility to leave the dry dock without waiting after the yacht is launched following the confirmation from the Management that it is his/her turn to launch the yacht. If it is not possible for the yacht to leave the dry dock on time by its own means, the procedure is carried out by the Management and the Yacht Owner accepts and undertakes to pay for the service provided.
  • The area where the yacht will stay in the land parking area is determined by the Management in accordance with the information provided by the Yacht Owner in the Towage Agreement. In the event that there are yachts that need to be unloaded before the date and time specified in the drydocking contract in line with the request of the Yacht Owner, in the event that there are yachts that need to be relocated in order to realise this, provided that physical difficulties do not prevent it, and the appropriate fee per yacht relocated can be accrued to the yacht owner with the condition of payment in advance. Again, if it is necessary to be landed on a date later than the date specified in the drydock agreement in line with the request of the Yacht Owner, if it prevents the landing of the yachts accommodated behind it, its location can be changed by the Management. The transport made for this reason is charged and debited to the current account of the yacht owner. If the location of the yacht cannot be changed by the Management for any reason whatsoever, the loss and damage incurred by all yachts to be affected by this situation and the Management shall be borne by the Yacht Owner. Apart from the conditions stated above, the yacht may be relocated if deemed necessary by the Management. No fee is accrued in such operations. In all these possibilities, the relocation can be done without informing the Yacht Owner. Considering this situation, the yacht owner must provide the Management in writing with the preliminary information that will be useful during the relocation of the yacht.
  • Shore Accommodation and lifting and launching Contracts are not rental contracts in any way and cannot be transferred. The contracts are signed jointly by the Marina management and the boat owner and are valid for the period stated on them.
  • The Yacht Owner shall take into account the details of the Lifting system to be applied and the suitability of the Yacht for the Lifting process in terms of constructive, equipment or other aspects, the conformity of the principles and criteria determined by the Yacht's manufacturer company regarding the lifting and / or lauching of the Yacht, and if there are warnings regarding this issue, it shall notify the Management in writing before the lifting process. All kinds of damages and losses that may arise due to the failure of the Yacht Owner to take these matters into consideration belong to the Yacht Owner. The advance or fee collected by the Management for this transaction shall not be refunded.
  • The Yacht Owner shall ensure that the pollution and wastes created by the yacht have been cleaned and that the yacht is prepared and competent to leave the dry dock immediately after launching in terms of equipment and fittings. In the event that it is determined that these issues are not fulfilled, the Management reserves the right not to provide the lifting service. In such a case, any and all damages and losses incurred shall be borne by the Yacht Owner.
  • It is forbidden for vehicles such as cranes, etc. brought from outside the Marina to provide lifting and launching services to enter and/or perform operations. In case the management authorises this, the service fee for this operation is calculated by the management and a fee to be determined by the management is taken from the service fee and recorded as income to the management.
  • The Management endeavours to provide the best time for the Yacht Owner with respect to the applications related to the yacht's lifting ashore, launching and movements within the marina. The costs of the necessary procedures to be carried out during this work shall be paid by the Yacht Owner.
  • Lifting fee and payment method are as specified in the Lifting Agreement. These regulations are an integral part of the Lifting and Launching Agreement.

 

• DRYDOCK AREA UTILISATION
  • The management may allocate space for yachts in the area called Drydock area. The allocation of space on land and lifting and launching operations are subject to the condition that the Lifting Agreement has been signed and the requirements have been fulfilled.
  • Special conditions and hours determined by the Management in the Drydock Area It is forbidden for the Yacht Owner, Crew, Subcontractors and Customers to stay overnight on the Yachts.
  • It is forbidden to take electrical energy from outside, except for the electricity provided by the company, to the Yachts on land during the period when there is no authorised person (Yacht Owner, Crew, Subcontractors and Customers) on board and at night. Necessary precautions in this regard shall be taken by the Yacht Owner with full responsibility.
  • All kinds of weak points to be considered when placing the yacht on outriggers and chocks shall be notified to the Management in writing by the Yacht Owner before the dry docking process. Otherwise, any damage and loss that may occur belongs to the yacht owner.
  • It is forbidden to operate vibration-causing machines such as engines, generators, etc. on the yacht positioned on land, and to perform actions, to unfurl sails, to leave sails wrapped around open equipment. It is the responsibility of the Yacht Owner to take all necessary safety precautions against spontaneous partial or complete opening of the sail due to the effect of weather and other conditions and the dangers this may bring.
  • If a large amount of weight is to be added to or reduced from the land-based Yacht, the Management must be informed and written authorisation must be obtained. The said operation shall be carried out after obtaining written authorisation and the Yacht Owner shall take full responsibility for this operation. It can be done at the owner's expense.
  • The outriggers and wedges that provide support for the yachts on land are placed and relocated only by the Operating Authorities. It is strictly dangerous and forbidden for the yacht owner, crew, customer or subcontractor other than the operating authorities to change the location of the outriggers, warts and wedges, and to remove the wefts between the outriggers and wedges, and any damage and loss incurred due to this reason belongs to the yacht owner.
  • It is dangerous and forbidden to fasten the winter tarpaulin ropes on the yacht or connections that will cause force application to the struts and strut wefts, and to hang chains and similar weights on the struts.
  • It is compulsory for every yacht towed ashore to receive bottom washing service if deemed necessary by the Management, bottom washing is carried out only in the area determined by the Management, with the personnel and equipment of the Management and the fee is collected in advance.
  • It is strictly forbidden to pour, leave or throw polluting wastes such as bilge, sink, dishwashing, toilet, shower water out of the yachts located on land. The Management will take initiatives for the necessary actions to be taken immediately by the official authorities against those who cause such a practice. In addition, in order to eliminate the pollution caused by this situation
    The cleaning fee of twice the amount of the cost elements such as labour hours, material consumption, equipment usage rent to be incurred by the Management shall be paid by the boat owner.
  • The Management is not obliged or obliged to find the necessary scaffolding for the works organised by the Yacht Owner. Materials such as scaffolding, stays, planks available in the dry dock area are primarily at the disposal of the Management.
  • The yacht owner, who will have a roof (tent) built on his yacht, must declare this request to the Management before the lifting process and sign the letter of undertaking prepared by the Management. The Management reserves the right not to authorise the construction of a roof (tent). The responsibility for the construction quality and installation safety of the roofs (tents) and any damages and losses that may occur on the yacht and third parties due to this process belongs to the Yacht Owner. The calculation regarding the additional area that the roof (tent) will cover in the dry dock area is determined by multiplying the total square metres covered by the tent with the yacht mooring-land parking multiplier values and the time spent in the tent. The determined fee is paid in advance by the Yacht Owner.

 

• MAINTENANCE - REPAIR AND SUBCONTRACTING
  • In the event that the technical services are not provided by the personnel or subcontractors of the Management, all kinds of damages, losses and losses that may occur during maintenance-repair and manufacturing works are not covered by the Financial Liability Insurance of the Management and are not under the responsibility of the Management.
  • All kinds of damages, losses and losses that may arise during and due to the maintenance and repair works of the yachts carried out by the Company's personnel or subcontractors are under the coverage and responsibility of the Company. However, if it is determined that the yacht owner or personnel is at fault in the occurrence of damage, loss and damage, the liability of the Management shall be limited to the amount of fault attributed to it.
  • The Yacht Owner is responsible for taking all necessary safety and fire precautions during maintenance and repair works on yachts. It is strictly forbidden to keep explosive materials on yachts. Measures such as not allowing dangerous substances such as LPG cylinders on the yachts and not keeping substances with high probability of explosion and/or combustion on the yacht are taken by the Yacht Owner. Otherwise, the Yacht Owner accepts and undertakes in advance that he/she will undertake all kinds of damages and losses that may occur.
  • The pollution caused by the repair and maintenance works carried out by the Yacht Owner himself/herself and/or by the persons and/or organisations authorised by him/her shall be cleaned or had cleaned by the Yacht Owner on the same day. If it is determined that the cleaning has not been done by the Yacht Owner, a fine to be determined by the Management shall be applied and the Management may carry out work to remove the pollution and any expenses incurred shall be paid immediately by the Yacht Owner.
  • The Yacht Owner is obliged to take all necessary precautions to prevent pollution and damage to other yachts and facilities during hot work works such as wood, paint, varnish, welding, grinding, sanding, scraping etc. organised by the Yacht Owner. The works determined to have been carried out without taking precautions shall be stopped by the Management. The damage incurred shall be determined with a report and the total damage shall be immediately compensated from the Yacht Owner who caused the damage.
  • The yacht owner, captain, subcontractors and 3rd parties are obliged to comply with all kinds of additional decisions that are not included in the operating principles in terms of general safety and occupational safety but will be put into effect as needed. They are jointly and severally liable for the consequences that may arise if they do not comply.
  • Maintenance, repair and subcontracting works are subject to the "Work Permit" document to be prepared and signed by the Marina Management.
  • It is forbidden to carry out any noisy, polluting work related to maintenance and repair works at sea. Without the prior written permission of the Company, no work other than simple routine repair and maintenance work may be carried out on any Boat by the owner, captain, crew, family members or subcontractor as long as it is in the Marina. Those who are authorised to carry out any repair and maintenance work in the marina must be in possession of the 'Liability to Third Parties They are obliged to submit a copy of the 'Insurance' policy to the Company. If the Company finds the amount and scope of coverage insufficient, the work in question cannot be started, and if permission has been granted, it will be cancelled.
  • The yacht owner is not allowed to use subcontractors not approved by the Company. In the event that the company approves the subcontractor, the company will charge the subcontractor an entrance fee or commission in return for the work permit. Information on external subcontractor entry conditions and fees is also regulated in the Subcontractor Agreement. This rule applies to both the dry dock area and the sea area.
  • The fact that the company gives permission to employ a subcontractor and approves the subcontractor does not give rise to the responsibility of the company for damage, loss and loss arising from the services to be provided by the subcontractor.

 

• RESERVATION CONDITIONS AND CANCELLATION
  • The online, e-mail or verbal booking request notified by the Yacht Owner is finalised with the written and wet signed confirmation of the marina management as a result of the advance payment reaching the marina records. The advance amount is 50% of the total price of the service to be received, the remaining 50% is collected when signing the yacht mooring contract, unless otherwise stated in the yacht campaign conditions. For accommodation requests up to 30 days, the advance amount is the full amount of the mooring fee. If the boat width and length information is different from the reservation, the price difference is calculated and collected before the yacht enters the Marina.
  • In the event that the yacht's service receipt date (Contract date) starts before or after the reservation date, the pricing of the deviation as specified in the Yacht Mooring Agreement is determined by the Management.
  • The reservation and contract cannot be transferred to another yacht.
  • If inaccuracies are detected in the information specified in the reservation, the deposit. The right to cancel the reservation or update the fare without refund belongs to the Operator.
  • In order to transfer the reservation to another year, the Operator must be notified in writing at least 90 days before the start date of the reservation. In this case, the acceptance of the reservation depends on the Operator.
  • In case of cancellation of a reservation, the conditions for refund of the advance payment are as follows:
    1. If the reservation is cancelled 90 days before the start of the contract, the full deposit will be refunded.
    2. If the reservation is cancelled 89 - 60 days before the start of the contract, the deposit 75% is reimbursed.
    3. If the reservation is cancelled 59 - 31 days before the start of the contract, 50% will be refunded.
    4. If the reservation is cancelled 30 days or less before the start of the contract, no refund will be made.
  • The refund amount (unless otherwise stated in the campaign) is calculated based on the Central Bank Foreign Exchange buying rate of the day the deposit is received. Bank charges that may occur are deducted from this amount.
  • The refund amount shall be paid in cash or by wire transfer if made by cash or wire transfer, or by credit card if made by credit card.

 

• PRICING AND PAYMENT OBLIGATIONS
  • Yacht owners, captains or yachtsmen benefiting from the Marina shall pay the fees for all services provided to them and their yachts in accordance with the tariff approved by the Republic of Turkey Ministry of Culture and Tourism. These fees are re-determined every year in accordance with the requirements.
  • Some of the fees for the basic and additional services provided by the Management are specified in the Marina fee tariff. It is not obligatory to specify all fees applied in the printed price list, and the Yacht Owners accept and undertake to pay them within the time and conditions stipulated by the Management.
  • Communication services such as telephone, fax, internet connection, data line, mooring boat and pilotage services used for the yacht to enter and/or exit the Marina from the sea, and car parking facilities may only be provided by the Management according to its general policy, for a period of time or indefinitely, paid or free of charge, in proportion to the possibilities. The Management shall not be liable to the Yacht Owner for the quality and quantity of the additional services and the fees to be applied to them, other than those in writing. Yacht owners can benefit from paid additional services with advance payment system. Mooring Fee; It is calculated based on the Full Length (LOA), Width (B.max) of the boat and the unit prices and conditions valid on the day the relevant contract is signed. The fee calculated as a result of this calculation is collected in advance. Mooring time is determined on the basis of "minimum daily usage is 24 hours" and the number of overnight stays.
  • Lifting and Launching Fees are calculated based on the Full Length (LOA), Width (B.max) of the boat and the unit price of the lift/sled type used during the lifting and/or launching process and the unit prices and conditions valid on the day the relevant contract is signed. The fee found as a result of this calculation is collected in advance. Lifting and launching process is calculated and calculated as a whole. If one of the operations will not be required to be carried out later, the fee for only withdrawal or only disposal is determined as half of the full price and collected in advance before the operation.
  • All contract prices and fees for services of the Management shall be accrued in Turkish Lira as stated in the official price tariff (even if it is stated in Euro in the offer and contract) - in Euro for foreign yachts or in Turkish Lira based on the exchange rate of that day, and payments shall be calculated in TL.
  • The mooring fee is calculated based on the contract period declared on the mooring contract. Yachts for which the mooring fee has not been paid in advance by the Yacht Owner or the contract has not been concluded or the contract has not been renewed; accepts and undertakes in advance that the mooring fee for the mooring period used for the period until the contract is concluded will be calculated based on the daily unit price in the price list. In case of non-payment of the lifting and launching fee, the Management will not provide the relevant service. The Yacht Owner agrees and undertakes in advance that the Management cannot be held liable in any way for any loss or damage incurred by the Yacht and/or the Yacht Owner for this reason. In the event that VAT and/or other taxes are added, increased or decreased, the Management reserves the right of recourse and recourse against the Yacht Owner in accordance with the principles stated in this article. In this context, the accrued stamp taxes shall be paid in advance by the Yacht Owner.
  • Before the yacht is launched, the Yacht Owner must pay the balance debt, if any, in the current account. Otherwise, the Yacht Owner shall be liable for any and all damages and losses arising from the failure to launch the yacht.

 

G.  GENERAL RULES

• The security of the marina is provided uninterruptedly by a subcontractor company whose number is determined and approved by the relevant Provincial Directorate of Security in accordance with Law No. 2495, specially trained and equipped with the powers of private security personnel. Private Security Personnel, in accordance with Law No. 2495, They are authorised by the Ministry of Interior of the Republic of Turkey to conduct body searches, arrest and use firearms. The security service, which is carried out in close cooperation with the Police Department, is only a precaution and deterrent.
• All kinds of risks arising from the use of the Marina belong to the user, except for those arising due to the defect and deliberate action of the personnel employed by the Company. The protection of the yacht and/or the equipment and materials in its registered or unregistered inventory and its vehicles against all kinds of weather, sea conditions and theft, loss, damage is the sole responsibility of the Yacht Owner, and all kinds of material and moral damages, losses and damages that may occur due to injuries, killings and terrorist incidents that may be suffered by the yacht owner and/or third parties are not covered by the Financial Liability Insurance of the Company and are not under the responsibility of the Company.
• Any pecuniary and non-pecuniary losses, damages and losses that may be caused by persons entering the Marina from outside and/or events that are judicial cases or that are not caused by the fault of the Management are not covered by the Financial Liability Insurance of the Management and are not under the responsibility of the Management.
• No one may enter the marina security area without permission, except those who are permitted by the Marina Management (vehicle and/or person) and those who have the card issued for the security area.
• However, persons, companies, vehicles and marine vessels whose attitudes and behaviours contrary to the terms of this regulation may not be allowed to enter the Management and/or the Management may stop providing services. ISLETME shall not be held responsible for any loss and damage that may arise for the parties to be affected by this situation.
• Keeping pets is subject to obtaining written permission from the Management after providing the necessary documents to be requested by the Management. Which type of animals are allowed is also specified by the marina management. It is forbidden for pets to wander around the outside area without the owner's presence and under the control of the owner with a form of tethering. The cleaning of the pollution caused by the animals permitted by the marina management in the outer area must be done immediately by the owner. Owners are responsible for any damage caused by pets to the environment and persons inside the marina. Animals that cannot be kept indoors are not permitted. In case of non-compliance with the aforementioned principles, the directorate can always withdraw the permission given.
• Individuals under the age of 18 are under the responsibility of their parents in the Marina.
• Non-swimmers are not allowed to walk around without a life jacket on the docks, anchorage, piers and / or moored yachts.
• All individuals using the Marina undertake that they will not allow other users or anyone else to do anything that may cause noise, light, visual pollution, operation of an engine or device that makes noise, loud operation of devices such as TV, radio, tape recorder, radio and telephone, behaviour and gestures that do not comply with the behaviour of the society, and anything that may cause disturbance such as untied halyards and sail covers. The operation of generators, their working times and durations are subject to the permission of the Management.
• It is forbidden to swim, dive, fish with fishing line, basket or any other method, use water ski, jet ski, surf and similar sea vehicles in the Marina.
• It is forbidden to keep and store personal belongings, boats, boat accessories, bicycles, rafts, platforms, trailers, dinghies, tents, trailers, caravans, etc. and similar equipment, except for the places shown by the Management within the Marina and especially on floating piers, fingers, docks, docks, yacht dry docks, car parks and car parks. However, leaving it in special cases is subject to the permission of the Company. All materials left without permission will be removed to the warehouse of the Management and the Yacht Owner will be charged warehouse rent and transport fee. The Management is not responsible for the loss, theft or damage of such materials.
• No naked light and heating sources can be used inside the Marina (except for the normal lighting installations inside the yachts and the stoves kept for cooking), barbecues, etc. fire cannot be lit. It is obligatory that the installations of the yachts wishing to receive electricity from the Management must be according to normal norms, and those using heaters and similar devices must use cables according to the ampere rate. Only special electrical cables and adapters approved by the Management shall be connected to the electrical installation in the Marina. The parties agree that the cables connected to the electrical appliances inside the yacht must be pulled by the yacht owner in a safe and professional manner.
• It is forbidden to dispose of waste materials (bilge, sewage, waste oil, batteries, oil filters, organic wastes, recyclable wastes, etc.) outside the places (land - sea) allocated by the Management within the boundaries of the Marina. The method of waste disposal is specified in the relevant regulation. In the event of any contrary behaviour, the Company shall charge the owner of the yacht as a pollution fee in accordance with the criteria to be based on the penalty price tariff determined by the Istanbul Metropolitan Municipality Marine Services Unit every year as a cleaning fee. It also notifies the relevant official authorities. If the Management deems necessary, it will unilaterally terminate the Contract of the Yacht Owner or Commercial Unit Operator who caused the pollution and the balance of the period remaining from the termination date will not be paid.
• Allocated places on the docks, piers and other open areas within the Marina It is forbidden to wash and dry laundry, dishes, sails, tarpaulins, inflatable boats.
• Users of the Marina are obliged to fulfil the matters requested by the Management in order to ensure that the Marina operates effectively and safely.
• No person may reside on the Yacht or in any other part of the Marina for a short term or permanently without the prior written permission of the Management.
• Users of the Marina must comply with the rules set by public authorities.
• If any damage is caused by a yacht or vehicle to the Marina, the machinery or equipment of the Marina or any yacht or vehicle within the Marina, the owner or responsible persons of the yacht or vehicle causing the damage shall immediately notify the Management of the situation. In these cases, the compensation of the damage and loss belongs directly and immediately to the owner of the yacht or vehicle.

 

H.  USE OF LAND VEHICLES

• The Management determines the speed limits within the marina and announces the speed limits on written signs and/or on the roads in areas where users can easily see them. In cases where there are no signs, the speed limit in question is the maximum speed limit per hour. 10 km. Vehicle owners and their vehicles that do not comply with this speed are prohibited from entering the Facility and vehicle entry cards, if any, are cancelled.
• The standards of the vehicles to enter the Marina are determined as passenger cars. In case of necessity, the entry of other vehicles is subject to the permission of the enterprise.
• The Company is not obliged to provide parking spaces for all users who will benefit from the Marina and reserves the right to restrict parking spaces when necessary.
• Vehicles that will enter the Marina; the entry permit with the licence plate number previously given to the Enterprise have to be vehicles.
• Vehicles in the Marina may park in the areas reserved as parking spaces by the Management, pay the fees to be determined and announced for this purpose and comply with all rules to be set for the order of land traffic. The Management reserves the right to carry out the necessary works for the removal of the vehicles parked in an unsuitable manner, at the expense of the vehicle owner.
• All passenger cars are prohibited to enter the Drydock area. Entry of vehicles to the Drydock area may only be permitted in cases of extreme necessity such as loading and unloading. In this case, the right of disposition belongs entirely to the Company.
• If the parked vehicle is to be left at the marina for more than 24 hours without being attended by the relevant person, the key and the operating instructions shall be left to the Management by the owner during the working hours of the administrative office in order to ensure that the vehicle can be relocated when necessary.

 

I. TERMINATION

I.1. The yacht owner and commercial unit users and their equipment and vehicles are obliged to accept and comply with all the rules set by the Management from the first moment they are in the Marina. The behaviours and practices of the Yacht Owner and Commercial Unit Users or the persons under their responsibility in accordance with the provisions of this Regulation against the rules of the Management constitute a reason for breach of contract and in such cases, the Contract or Contracts may be unilaterally terminated by the Management without any obligation to give any notice or warning or to appoint a deadline. In this case, service fees paid and prepayments and advances, if any, shall not be refunded. In addition, the Management reserves the right to compensation. The Yacht Owner and Commercial Unit Users cannot claim any rights and compensation due to the termination due to breach.

I.2. The Management, with its unilateral declaration of will, reserves the authority to use the right of imprisonment on the other goods or property of the Yacht Owner and commercial unit users without the need for any notice, warning and deadline determination, without the need for any court decision, judgement and decision, unless the Yacht Owner and/or commercial unit users fully pay the money debts arising from rent, storage, usage fee, commission, mooring fee, work, service or any other reason related to any property of the Yacht Owner and/or commercial unit users in the marina to the Management; may refrain from delivering the property over which the right of imprisonment is exercised to the Yacht Owner until the debts in question are paid, or to the new owner if it has been sold to third parties while in the possession of the Management.

I.3. In case the contract expires and it is stated by the user that it will not be renewed or the contract is terminated by the Management, the User is obliged to leave the Marina on the same day with all equipment and vehicles. Otherwise, the User is obliged to pay 4 Euro compensation for each square metre of the area value of the Yacht and/or commercial unit specified in the Contract for each day that he/she or any of his/her equipment or vehicles remain in the Marina, in addition to the relevant fee.

I.4. In the event of termination of the Contract as a result of breach of these rules by the Yacht Owner and commercial unit users, or in the event of termination of the Contract before the expiry of the Contract by the Yacht Owner or commercial unit user without just cause, the Yacht Owner or commercial unit user shall pay to the Management the loss and damage caused by the breach, the loss of profit resulting from the inability to subsequently re-let the allocated space and all other debts owed to the Management on the date of termination of the Contract in accordance with this article. The Operator shall be entitled to set off the losses incurred due to the termination against the contract price or advance payment received in advance. In the event that a balance remains after offsetting, this balance amount will be paid to the yacht owner or commercial unit user 6 (six) months after the yacht owner or commercial unit user's vehicles and equipment leave the Marina.

I.5. The Marina Manager may not allow the Yacht to leave the Yacht Harbour until the Yacht Owner pays the debt by obtaining a voyage ban decision from the Port Authority to which the Business is affiliated and by taking advantage of the right of imprisonment in Article 950 of the Turkish Civil law.

I.6. Following the approval of the contract by the parties, in case the user terminates the contract voluntarily, the Management has the right not to refund the part of the amount paid in advance by the customer for the remaining period to the user.

I.7. In case of force majeure, the Management may terminate the Space Allocation Agreements and other agreements with a notification to the Yacht Owner. Force majeure shall be deemed to exist in the event that the Marina is damaged, its activities are prevented or affected in such a way that it cannot continue to provide Space Allocation Agreements or any other service. In such a case of termination, the Management shall reimburse the remaining part of the contract price to the Yacht Owner.

 

J.  VALIDITY

• Article headings are provided for convenience only and do not constitute rules.
• All users of the Marina accept and undertake in advance to comply with all the rules of the Management, whether or not specified in this regulation, and with the general and special conditions to be set and/or amended by contracts such as yacht mooring and towage contracts when deemed appropriate.
• The Management reserves the right to make corrections if it deems necessary for the safe and efficient operation and management of the Marina. These corrections and additions become valid after being notified to the Boat Owner. Notices made pursuant to these Rules shall be deemed to have been served upon the Yacht Owner personally, by sending them by registered post or courier service to his/her address (or, in the case of an organisation, to his/her known business address) as specified in the Contract or subsequently notified to the Management, by posting them on the Management's website by e-mail or by attaching them to a conspicuous place on the Yacht or Commercial Unit.

 

K.  NOTICES

Notifications regarding legal proceedings shall be made to the address in the contract for Turkish national users, and notifications to be made to foreign national owners of foreign flagged yachts shall be made to their yachts, since the marina and yachts to which the yachts are connected are accepted as residence in accordance with the circulars of the General Directorate of Security dated 23.07.1998 and numbered 145, dated 13.04.2000 and numbered 85 and numbered 00113.

 

L.  DISPUTES

• This Regulation is subject to the laws of the Republic of Turkey and Istanbul (Çağlayan) Courts and Enforcement Offices are authorised in case of disputes arising from the application and performance of these rules. The commercial books and records of the Company shall be accepted as conclusive, sole and absolute evidence in accordance with Article 193 of the Code of Civil Procedure. This article is in the nature of an evidential contract.
• For the matters not covered in this Regulation, the Marine Tourism Regulation issued by the Council of Ministers on 29. June 2009 in accordance with subparagraph 4 of paragraph 1, subparagraph A of paragraph 1 of Article 37 of the Tourism Incentive Law No. 2634 shall apply. The Yacht Owner accepts and undertakes that any changes in the laws, regulations, communiqués and similar legal bases underlying the Operating Regulations shall be the updated provisions of these provisions, whether or not they are written in this regulation.

 

DATE:

NAME OF THE YACHT: