Terms and Conditions
General Rental Conditions
RENTAL FEE AND PAYMENT
The yacht official fees related to the use of the yacht for the period specified in the contract are included in the rental price. The rental fee does not cover fuel costs and a mooring location outside the permanent marina. The yacht chartered with all its equipment can be used only after the payment is made to the charterer’s account regularly as follows:
• 50% of the rental price within 5 (five) days at the latest after the signing of the contract,
• 50% of the rental price 30 (thirty) days before the start of the rental period.
If the payments are not made on the due dates, the lessor reserves the right to cancel the contract/reservation and rent the yacht to a third party.
GUARANTEE FEES (DEPOSITS)
The security deposit must be paid by the lessee in cash or by credit card at the marina where the cruise starts at the time of receipt of the yacht. If there is no damage or defect in the yacht or its equipment when the yacht is returned, the entire security deposit will be refunded. In case of damage or loss in the equipment, important parts of the yacht or the yacht itself, the Charterer shall deduct the cost (whole or part of the security price) corresponding to a significant repair, purchase and/or supply value of the equipment or yacht. If the yacht becomes uncharterable as a result of the damage caused, the Charterer has the right to withhold the price corresponding to the loss of profit.
LESSOR’S LIABILITY
The Charterer is obliged to deliver a completely clean yacht to the Charterer, in seaworthy conditions, with full fuel and water tanks, at the agreed time and place. If there is a reason why the Charterer does not fulfill the above-mentioned obligations, the Charterer has the right to request a refund for the days when he cannot use the yacht. At the same time, if the Charterer does not have the yacht ready for sailing at the agreed place, at the latest 24 hours after the delivery date, or does not present another yacht with equivalent or better characteristics, the Charterer shall terminate the contract and the entire Charter price for the days when the yacht is not placed at his disposal. has the right to claim back. The tenant can only request the return of the rental price, and cannot claim any compensation under any other name or name.
In the event of equipment failure or damage or damage to the yacht arising from the use of the yacht under normal conditions, the Charterer is obliged to inform the Charterer immediately. The lessor is obliged to eliminate the damage upon notification. If the Lessor eliminates the damage within 24 (twenty-four) hours, the Tenant will not have any right to demand a refund. Damages caused by the carelessness or malicious intent of the tenant are excluded from this scope.
DELIVERY AND DELIVERY OF THE YACHT:
The lessee will take delivery of the yacht on the agreed date and place. While taking delivery of the yacht, the Charterer is responsible for checking the condition of the yacht and its equipment according to the inventory list. All possible objections must be made until the watch begins. Possible hidden defects of the yacht or equipment or those that may occur after delivery do not give the Charterer the right to deduct the rental price.
The Charterer has the right not to deliver the yacht if, for any reason, the Charterer does not have the skills to operate the yacht or cannot appoint a captain and does not pay for the appointed captain.
The inventory specified in the inventory list and delivered must be rechecked to see if the yacht and equipment are in working condition. The charterer is responsible for bringing the yacht to the agreed marina in a clean and orderly manner, without the crew and their luggage, at least until the time specified in the charter contract. This includes physical delivery, which takes up to an hour. Therefore, it is mandatory to bring the yacht back to the marina the night before as stated in the charter agreement. If it takes longer to bring the yacht to the marina than specified in the charter agreement, the Charterer must pay as follows:
-One-day rental fee for delays up to three hours,
-Three times the one-day rental fee for delays of more than three hours plus all other expenses.
Bad weather does not count as a valid reason for delay.
TENANT’S RESPONSIBILITIES
After taking delivery of the yacht, the Renter costs the daily mooring place in the port or the marina, fuel, oil, water, cleaning expenses and all other necessary expenses, as well as the expenses incurred to compensate for the losses and damages that will arise while the yacht is under the responsibility of the Charterer and are not related to the normal use of the yacht. will undertake. The lessee is obliged to navigate within the borders of Turkish sea waters. The charterer is obliged to comply with customs and other regulations and rules, to protect the yacht and its equipment, to operate the yacht carefully and in accordance with maritime practices, and to cruise only in good weather conditions and as long as visibility is good. The charterer or master unequivocally declares and undertakes that he/she has all the necessary navigational skills and that he/she has a valid driving license and radiotelephone license required for nautical navigation, which he/she must present to the Charterer.
The Charterer undertakes that he will not give the yacht to a sub-tenant and will not rent it to a third party, will not participate in regattas or yacht races, will not use the yacht for commercial purposes, professional or night fishing, and will not cruise at night and in unsafe weather conditions. The number of persons on board must be the same as the crew list. The Tenant is responsible for the consequences that will arise if the said obligation is not complied with. In the event of an accident or damage to the yacht or its equipment during the trip, the Charterer is obliged to inform the Charterer without delay. The Charterer is obliged to inform the Charterer and the competent authorities in case the yacht or equipment is lost, in cases where it is impossible to continue the voyage, or if the yacht is foreclosed or when the continuation of the trip is prohibited by the state authorities or a third party. Pets (dogs, cats, birds and the like) are not allowed on board unless prior agreement is made regarding this matter. The charterer is responsible for keeping a logbook, checking the oil level in the engine daily and keeping an eye on the sails.
LIABILITY OF THE TENANT:
For the damages caused by the Lessee’s actions and mistakes, which the Lessor bears a liability to a third party, the Tenant is obliged to compensate the Lessor for all of these damages, whether they are material and/or legal expenses or not.
The charterer will be expressly liable for the yacht in the event of any official confiscation of the yacht due to appropriate or illegal actions taken during the use of the yacht.
The Tenant is obliged to pay all the expenses related to the mistakes made by the Lessee, for which the Lessor bears a penal or material liability. In the event of an accident or damage, the Tenant is obliged to write a suitable report and inform the competent authorities (port authority, coast guard, maritime police, health medic) and the Lessor. In case of loss of the yacht, in cases where it is impossible to operate the yacht, and also in cases where state authorities or a third party seizes or confiscates the yacht or prohibits it from continuing its voyage.
INSURANCE
Insurance is carried out under the conditions stipulated by the insurance company insuring the yacht. The yacht has motor insurance and insurance against damages caused by third parties. Damages that are covered by the insurance but are not promptly notified to the Lessor or the insurance company will not be accepted according to the insurance policy. In such a case, the Tenant will be personally responsible for all of the damage due to not reporting the damage. The insurance covers all damages caused by weather conditions or other natural disasters with an integral exemption, but does not include intentional damages. The costs of the deliberately inflicted damages are not limited to the deposit and the Tenant is required to cover all the expenses arising from the intentional damages.
Damage to the engine and sails caused by the lack of oil in the engine is not covered by the insurance. The Tenant bears all the expenses for such damages.
CANCELLATION OF LEASING
If the Tenant cannot start the lease for any reason, he/she may find a new Tenant (with the prior approval of the Lessor). If the Tenant cannot find a new Tenant, the Lessor shall retain the following fees:
– 50% of the fee specified in the contract in case the rental is canceled up to 31 (thirty-one) days before boarding,
-100% of the fee specified in the contract in case the rental is canceled within thirty days before boarding.
If the Tenant cannot make the Rental due to illness due to COVID-19, etc., the Tenant will not make any refunds and will keep the payment in accordance with the reservation cancellation conditions stated above.
However, if the cancellation did not occur due to the COVID-19 related reason stated below, the Lessor will issue a credit form.
-If Türkiye’s borders are closed
-If the borders of the country where the Tenant resides are closed
– If there is a mandatory quarantine of 7 days or more on return under all conditions, including testing
A Credit form covering all the amounts paid by the Tenant until that time is issued. The Credit form will be valid for 12 months in a way that it can be used on all boats in the Tenant’s operating fleet.
In order to issue a loan form, it is obligatory to be notified in writing by the Tenant, at the latest 7 days before the start of the lease, and if the above conditions are valid.
If the cancellation occurs due to a reasonable or force majeure reason (death of a family member, serious injury, war, natural disaster, riot, epidemic, strike, etc.), the advance payment will not be refunded, but the Charterer will give the yacht to the Charterer in another suitable period within the same year.
COMPLAINTS
Any possible complaints of the Renter will only be considered if they are in writing and submitted no later than 8 days from the Renter’s delivery date of the boat. If the Tenant makes a complaint while leaving, it will only be considered if it is made in writing and signed by the Lessor’s authorized person.
PROTECTION OF PERSONAL DATA
In accordance with (EU) 2016/679 Regulation (T.C) KVKK 6698 (full Privacy Policy available on our website and upon request);
The lessor provides personal data voluntarily. The personal data of the Lessor is required in the process of performing the requested service. The same data will be used for further communication with the Lessor. The Tenant is obliged not to transfer the personal data of the Lessor outside the country or forward it to a third party, except for the purposes of performing the requested service.
The exceptions to the distribution of personal data to third parties are cancellation or deposit insurance during travel and stay abroad, accident and sickness insurance, baggage damage or loss insurance, and optional health insurance. If the Lessor takes out an insurance policy, personal data will be forwarded to the relevant insurance company. Renter’s personal data will be stored in a database according to the management’s decision regarding the collection, processing and storage method of personal data.
By accepting these General Conditions, the Renter accepts that his personal data can be used for promotional activities. The lessee can always change his consent based on the detail requirement for the performance of the contract he signed with the lessor.
DISPUTE: In the event of a dispute that cannot be settled amicably, the parties agree that the Istanbul Courts have jurisdiction.