All boat owners are required to observe the rules below, so that the Viaport Marina can be operate in accordance with its intended purpose.
The rules given below shall be binding upon the persons utilizing the Viaport Marina and the staff they employ and their visitors and customers in the course of their stay at the Marina. Boat owners are severally responsible for any behaviours contrary to this regulation, together with the person(s) who act irresponsibly.
Boat owners are liable to comply with the rules of honesty, not to disturb others, not to violate each other's rights and to strictly comply with the regulations regarding the marina operations as well as all the decisions taken by Viaport Marina Management, while they use the areas either allocated to themselves or the annexes and shared spaces.
In order to protect the general interests of the Marina and to make more efficient operation, the Marina Operator may add new substances and / or change the provisions in accordance with the operation by developing this business regulation in order to protect the general interests of the boat owner and make it more efficient. Any changes shall be deemed valid after the boat owners have been notified in writing and / or in e-mail.
In order to protect the general interests of the Marina and carry out the operations more efficiently, Marina Management may improve these operational regulations by including additional provisions and / or amend the provisions without giving the boat owners any prior notice. Any amendments shall be deemed effective once communicated to the boat owners in writing and / or via e-mail.
CHAPTER 1 / OBJECTIVE AND SCOPE
These Regulations are intended to serve the yachts and yachtsmen in a clean, safe and peaceful environment at Via Marina Yapim and Yonetim A.S., with a view to providing the yachts and yachtsmen.
The provisions of the Regulations shall apply to all persons, marine and land vehicles that will utilise the services of Via Marina Yapim and Yonetim A.S., on short-term or long-term basis, as well as the operators of auxiliary unit at the Marina. All notices shall be submitted to the boat owner / master or to the latest registered address if the owner is a company, in writing via e-mail and / or registered mail by signature.
All natural and legal persons, yachts, yachtsmen, boats and vehicles at Via Marina Yapim and Yonetim A.S. as well as the operators and employees of the auxiliary units at the Marina shall be considered to have agreed in advance to comply with the provisions of these regulations and the decisions of the persons authorized in this regulation.
CHAPTER 2 / LEGAL BASIS
This Regulation is prepared pursuant to the sub-paragraph #4 of the Item A of the clause #1 of Article #37 of the Law for the Encouragement of Tourism No: 2634, upon the resolution of the Cabinet, on 29 June 2009 and issued as per the article #13 of Marine Tourism Regulations on the Improvement of Yacht Tourism, published in the Official Gazette dated 24 July 2009 and no: 27298.
CHAPTER 3 / DEFINITIONS
The terms used in this regulation shall have the following meanings:,
The water area or coastal space allocated to the boat owner/master/captain by Marina during the berthing service contract in order to dock the boat;
Any marine vessel which uses the marina and can be steered at sea, built in the form of a yacht, used for cruising and sports activities, not having the characteristics of a cargo and passenger ship, specified in the certificate of registry as “Commercial Yacht” or “Private Yacht”, legally recorded and registered at the relevant authority in the country whose flag it is flying,
The rates for berthing and utility services at the marina
d. Marina; Marina MAnagement;
Via Marina Yapım ve Yönetim A.S.
e. Contract Service Fee;
The fees indicated in Mooring, Land Storage, Beaching-Launching, Lift-up and other service contract and paid by the boat owner/master to the Marina,
f. Marina Site, Marina Port Area;
All marine and land areas known as Viaport Marina, Tuzla, İstanbul, Turkey, including the pontoons, berths, boatyard, dry docks, floats, buoys, breakwaters, quays, etc.
g. Marina Manager;
The person in charge, appointed by the Board of Directors of Via Marina Yapım ve Yönetim A.S. and authorized to execute these regulations.
h. Marina Security Area;
The area designated for berths, pontoons, floating piers, waterfronts, breakwaters, fill areas, petrol station, marine transportation quays, dry dock areas for use by the boat owner, crew and yacht customers, separated from the public areas by a security fence, guardrail and/or landscaping,
I. Boat Owner;
Legal or natural persons severally or jointly, who are registered as the “Shipowner” in the certificate of registry of the boat or the legal or private persons authorized by the Shipowner to operate the boat or the tenant, agency or person by proxy who is for the management of the boat at the time,
j. Boat Crew;
Any professional boat crew who are insured on the boa by the Boat Owner, holding with valid certificates, performing a service on the boat (except those hired or temporary service providers), having professional competencies;
k. Length Overall;
Full length (LOA) on the deck of the boat, measured along the bow-stern centreline from the bowsprit to the stern-mounted davit, swim platform, dinghy etc., if any.
l. Beam Width;
(BEAM MAX), the widest distance in mid-ship, horizontally to the bow-stern centreline,
The procedure beginning by lifting the boat off the sea or its carrier by means of a forklift or a travel lift and ending by fixing the shoring pieces and hooking straps once the boat is placed securely on a trailer and on the ground.
The procedure beginning by lifting the boat off the location where it stands by means of a forklift, trailer or a travel lift and ending by dropping into the sea or on a carrier,
o. Commercial Unit;
The areas rented out by the Marina Management within the boundaries of the Marina, to serve the marina customers or the public,
p. Commercial Unit Operator;
Any natural or legal person, aware of the contracts made with Via Marina Yapım ve Yonetim A.S., along with all the details thereof; who commits to manage the commercial units by agreeing, declaring and undertaking to comply with the terms and conditions,.
CHAPTER 4 / USE OF THE MARINA
All areas, outside the security area designated by the Marina Management, are open to the visitors. No person shall be allowed to enter the Marina security area, except for those permitted by the Marina Management and those holding a card issued by the Management to enter the security area.
The admission to and mooring of the marine vessels in the Marina, other than the private or commercial yachts, are subject to the written approval of the Marina Manager.
The boat owners and / or captains, who will utilize the mooring, lifting/towing, land parking/storage and similar services in the Marina, shall sign a contract with the Marina Management. The boat owner or captain shall be obliged to declare the information requested the contract, fully, completely and accurately. The boats that will use the marina must be fully equipped and has the capability to cruise with their own means.
The owner/authorised master shall be obliged to declare all valid certificates/documents of the boat to the Marina Management on the day of entry into the Marina and sign a service contract on the same day.
Article 10. For Turkish Flagged boats,
the Owner shall submit to Marina Management the berthing log licence, certificate of registry, certificate of sea worthiness, 3rd party financial liability insurance policy as well as any documents evidencing that the person is entitled to sign the contract (e.g. ID Card or passport, signatory circular), and leasing contract, if any, tax certificate, signatory circular and a copy of trade registry gazette evidencing the foundation of the company.
Article 11. For Foreign Flagged boats
the Owner shall submit to Marina Management the certificate of registry, certificate of company stocks (incorporation, etc.), 3rd party financial liability insurance policy, documents evidencing that the person is entitled to sign the contract (e.g. ID Card or passport), and contact details, T.R. ID No of the owner, master and/or captain of the boat residing in Turkey, leasing contract, if any, tax certificate, signatory circular and a copy of trade registry gazette evidencing the foundation of the company.
It shall be required to sign a Mooring/Land Parking contract between the marine tourism facilities and the Owners or captains of the marine tourism vessels, concerning the marine vessels moored or beached at their facilities. A copy of the service contract shall be submitted to the Owner or captain.
The boat shall be deemed abandoned if the boat fails to approach the facility management in an effort to renew the contract at the end of 5-year period following the expiry of the service contract. Marina shall notify the Port Authority (Harbor Master’s Office) and the Customs Administration of such case. Foreign-flagged yachts can be maintained at sea or on land at marine tourism facilities certified by the Ministry, for up to 5 years, for the purposes of wintering, maintenance and servicing, without the need of any further permission, on the condition that they submit the up-to-date documents. The duration of stay of foreign-flagged private boats, which have been maintained at marine tourism facilities certified by the Ministry and used at least once by their Owners during this period, can be further extended for another five years by the Ministry. The clearance provisions of the Customs Law No. 4458 shall apply to the boats unless they approach the Marina management in an effort to renew the contract at the end of 5-year period following the expiry of the Berthing contract.
CHAPTER 5 / THE RULES TO BE OBSERVED UPON ARRIVAL, BEFORE DEPARTURE AND DURING THE STAY AT THE MARINA
Boat owners, captains or the representatives of the company controlling the boat shall fill out an entry/information form to be hand out to them, upon the initial arrival of the boat at the Marina.
Marina Management shall allocate a space within the marine space of the Marina to the boat owner who makes a Mooring Service Agreement, to berth his boat. Upon the service contract, Marina Management allocates the boat owner any place which is suitable for mooring of his/her boat, rather than a certain location within the marina. Marina Management has the right to change the mooring point of the boat in case of emergencies, fairs, yacht races and / or due to other activities or in cases it deems necessary. In such a case, the owner of the boat, captain or the representatives of the company controlling the boat consent in advance that he / she will agree with such a change without raising any objection.
The boat owner is obliged to moor his / her boat only to the spot allocated by the Marina Management. Service contract of the vessel which is moored in a location other than the one allocated to itself, in defiance of all warnings and notices of the Marina Management, shall be terminated unilaterally without compensation; and no refund is made and the boat is taken out of the marina.
The boat shall be provided with a mooring line for mooring at sea and Marina Management request that this mooring line be attached to the appropriate anchorage point on the boat for the safety of the boat.
If the owner of the boat chooses to link up his/her own line to the external connection line to be tied up to his/her boat or fails to tie up one of the mooring lines and ties it up loosely, the boat owner agrees, declares and undertakes that he/she will be fully responsible for any material and / or moral damage that may arise.
The responsibility for the maintenance and immediate replacement of damaged ropes shall be belong to the owner. If the damaged ropes are still used, the owner of the boat shall be responsible for any and all material and moral damages and losses, including those on the crew and third parties.
The Boat Owner agrees, declares and undertakes to provide, use and make available all necessary gear, such as ropes, and fenders, apart from the mooring line supplied by Marina Management, to moor the boat securely at sea. The aft breast lines securing the boat against the pier are also under the responsibility of the Boat Owner and must be selected according to the specifications and dimensions of the boat.
It is compulsory to have the name of the boat and the mooring port written on the boat, as specified by the legislation of the Republic of Turkey, the Ministry of Transportation, Maritime Affairs and Communications and to fly the flag of the country to which the mooring port belongs as well as the Turkish Flag.
The lifeboats and service boats should be maintained on the boat or hanging on davit. Otherwise, the owner of the boat has to make a mooring contract for the lifeboat and / or the service boat.
The name of the boat shall be written on all inflatable, fiber or wooden boats, skids, trailers and all other equipment belonging to the boat.
The boat owner shall inform the Marina Operator via radio or phone and obtain authorization before entering or leaving the Marina and changing the location inside the Marina. Hawser support must be requested for all berthing and shore-off operations.
The owner of the boat communicates with the Marina Management by using the call sign “VIAPORT MARINA”, on VHF Channel 16 or through Marina VHF channel. The owner of the boat must inform and ask permission from the Marina Management about its intention to leave or enter the marina.
The degree, duration and time intervals of the repairs, which can be carried out during the time the boat is connected to the mooring point, shall be determined by the Operations Manager.
Use of exposed sources of lighting is not permitted within the marina, other than the ovens kept for cooking with the normal lighting installations of the boats and strictly no fire can be started for whatever the reason is. If the owner of the boat, captain or the person handling the boat is found out to violate this regulation by Viaport Marina, service contract of the boat in breach of this rule will be terminated unilaterally and the boat will be removed from the Marina. In this case, the Owner accepts, declares and undertakes in advance that the remaining balance for the rest of the period shall not be refunded. Marina Management cannot be held responsible for any loss or damage caused by removal of the boat from the marina.
It is forbidden to take pictures, photos on any point of the Marina Area and publish/broadcast on any media by using the audio and video devices, mobile phones, cameras, etc., without obtaining permission from the Marina Management. In case it is found out by Viaport Marina that this regulation is violated, the Management shall be entitled to request the fee of the penal clause in the amounts to be determined annually, based on the nature of the violation.
Operation of generators and engines within the Marina is subject to the consent of the Marina Management.
Boats, not fitted with a wastewater (sanitary) tank, are not permitted to use their toilets and showers within the Marina nor can they do the dishes or do the laundry on the boat.
It is not permitted to dump or place any rubbish, waste oil and similar flammable, inflammable/combustible and explosive materials or discharge wastewater tanks into the sea and onto or around other facilities within the marina. The boat are required to use the recycling and rubbish bins supplied by the Marina Management to dump their rubbish once they put their rubbish in special plastic bags and tie them up securely, in a way to prevent any undesired smells and reproduction of flies. In cases of violation of this provision, Marina Management will collect the fee to be determined each year, as the cleaning charge, and notify the relevant authority for necessary penalties. If deemed necessary by Marina Management, Service Contract of the boat causing the pollution will be terminated unilaterally and the boat will be taken out of the Marina. In this case, the Owner agrees, declares and undertakes in advance that the remaining balance for the rest of the period shall not be refunded. The Marina Operator cannot be held responsible for any loss or damage caused by the removal of the boat from the marina.
Boat Owner shall be responsible for any loss and damage that might occur during the manoeuvrers.
The Boat Owner and the crew may provide technical services for his/her own boat only , subject to the provisions of this regulation, the relevant Labour Law and the occupational safety rules. Boat Owner, Crew and Boat Customer are not allowed to offer maintenance, repair and modification/retrofit services, etc.
The Boat Owner shall be directly responsible for the acts and action of his/her crew and any other persons regarded as a guest and customer on board the boat and jointly and severally be responsible for paying the damages caused by such persons on the marina facilities or on other marine vessels within the marina.
Night accommodation is not permitted in yachts stored on land.
Water, electricity and data connection to the boat can only be done by Marina Management. But, the lines such as cables and hoses from the water, electricity and data connection points to the boat at the marina area shall be supplied by the Boat Owner. It is forbidden to install water, electricity and data lines from the ports available on the boat and at the marina area for various purposes, without the written approval of Marina Management and without the safety measures being approved. It is essential that the installations of the boats that wish to get a power connection must comply with the norms and also the cables used for devices such as heater, etc., if any must be in accordance with the ampere rating. Only the electrical cables to be approved by the Marina Management can be connected to the electrical installation. The parties agree that the cables connected to the power tools/appliances on the boat must be installed by the Boat Owner in a safe and professional manner
The boat shall be connected to earth by the Owner. Marina Management is not responsible for the cases, such as electrical voltage drop, voltage fluctuations, power outage, data interruption etc. and any loss and damage that can occur due to such reasons.
It is the responsibility of the Boat Owner to keep all equipment and materials to be stored on and around the boat, protected against weather, marine conditions and theft.
All proper and necessary precautions shall be taken by the Boat Owner to prevent the boat from taking on water due to rain and other reasons. Marina Management is not obliged to evacuate the water inside the boat. Boat Owner accepts, declares and undertakes in advance that he / she assumes all responsibilities for any environmental pollution caused by his/her boat when establishing the water evacuation systems and / or requesting help from the Marina Management in this regard.
Yachtsmen Storages refers to the spaces to be allocated by the Marina Management, which are built in various sizes, enclosed on all four sides by a roof, walls and other means. It is forbidden to store any illegal, flammable, explosive and dutiable items in Yachtsmen Storages. These Storage areas can be rented out at the price list to be determined by Marina Management. The security of the Yachtsmen Storages belongs to the lessee.
It is not allowed to keep any item, bicycle, boots, shoes, supplies, equipment, etc. on marina pontoon, berths and piers or on the areas reserved for the pedestrians or vehicles and on other common use areas, or occupy the lockers, sheds and such spaces. Marina Management is not responsible for the loss, theft or damage of this material.
Painting, sanding, varnishing, etc. is not permitted on the berths, piers and other places reserved for mooring in the marina or on other areas reserved for pedestrians or vehicles and other common use areas.
Boat Owner shall be responsible for taking all measures against any undesired issues in the Marina, such as the presence of pests, rats, etc. on the boat and/or the release of non-sanitary odors and similar effects to the environment. If required, Marina Management may take all necessary measures at the Owner's expense to remedy such problems.
Any hazardous situations that may occur on the boat in the absence of the person in charge can be responded in good faith by Marina Management by means of its own facilities, as long as it is informed or becomes aware of the situation in time. Marina Management may change the position of the boat if needed. In this case, Boat Owner will pay the Marina Management the costs of the works performed by the Management. Mooring points of the boats can be changed by Marina Management in exceptional circumstances; necessary urgent repair can be done on behalf of the Owner or captain and the costs thereof will be collected from the captain or the Owner.
The Owner of the Boat shall is liable to take all necessary measures against fire and keep on board the firefighting equipment specified in the relevant legislation. The Boat Owner agrees, declares and undertakes in advance that he / she shall not hold the Marina Operator responsible for any damage or loss arising from fire.
The boats shall follow the instructions to be given by Marina Management and provide any support requested in circumstances such as fire in the marina, hurricane, tsunami, earthquake, storm as well as terrorist attack, etc. in
Water skiing, jet skiing, surfing and similar sea sports and/or riding marine vehicles is not allowed inside the waters of the marina.
Swimming, diving and fishing in the waters of the Marina is not alowed
Keeping pets inside the marina is subject to the written consent of Marina Management. Any pets that are permitted cannot be left unattended and can only be walked on leash. The pets that do not have a vaccination chart certified by a Vet shall not be admitted in the marina. The Boat Owner shall be liable to clean the pollution caused by the pets, and be responsible for any loss and damage caused by their pets.
It is not permitted to keep dish antenna and any other special communication devices on the pontoons.
It is not allowed to play to loud music or make disturbing noise within the marina. If Marina Management deems it necessary, the Service Contract of the boat causing the sound and noise pollution shall be terminated unilaterally and the boat shall be removed from the Marina. In this case, Boat Owner accepts, declares and undertakes in advance that the remaining balance for the rest of the period shall not be refunded. Boat Owner may not claim any right or compensation, due to the termination caused by any violation.
Any visitors under 18 years of age shall be under the responsibility of their parents.
The visitors who are unable to swim are not allowed to walk on the piers and/or moored boats, without a life jacket.
Washing or drying the laundry, canvas, etc. is not permitted on the pontoons, wharfs, piers and other areas. The places authorised by the Marina Management shall be used to wash and dry canvas, tarp, inflatable boat/raft.
Boat owners, captains shall notify the Marina Management of the place they will go, address and phone number, if any, in case they leave their boats and get out of the Marina, even for a short period.
Land vehicles entering the marina area may park in areas reserved for parking only. They will pay the fees to be determined and announced and follow all the rules to be set up for the order of traffic on land.
Boat Owner is liable to get to know about the legislation, to prepare the valid documents and to take all necessary measures as regards the entry/exit of himself/herself, his/her boat, boat crew and boat customer to/from Turkish Territorial Waters, and his/her cruise in Turkish Territorial Waters, and his/her presence in Turkey, wintering the boat at the Marina or releasing the boat from wintering, his/her departure from Turkey by another vehicle other than his/her boat, and to inform the Marina Management in a timely manner in such respect. Marina Management cannot be held responsible for the difficulties that the boat owner will face due to the legislation.
The boat owner must notify Marina Management in writing of the number and ID details of the boat captain and the crew he/she will employ at the boat. Persons not assigned in writing by the boat owner shall be removed from the Marina. The Boat Owner agrees, declares and undertakes in advance that he / she shall not hold the Marina Management responsible for any loss or damage resulting from the removal of such persons from the Marina.
Boat Owner is liable to obtain written approval from the Marina Management, for any person, organization, authorized service that he/she will hire (outsource) to carry out maintenance/repair works on his/her boat, etc. (including the employees hired for the works under warranty and those employed at other companies owned by the Boat Owner). The owner of the boat is obliged to submit the SSI declarations for the last 120 days if the employees outsourced by the Owner are his/her own employees, to fill and sign the contractor entry form regarding the admission of such persons to the Marina and to pay the contractor entry fee in cash, as determined by Marina Management. The Boat Owner agrees, declares and undertakes in advance that he/she will be responsible for all kinds of damage and loss caused by such persons within the Marina. Any persons who are found out to be on board even though the necessary works are not carried out, shall be removed from the marina by Marina Management. The Boat Owner accepts, declares and undertakes in advance that he/she will not hold the Marina Management liable for any loss or damage that may arise from the removal of these persons from the Marina and to pay three times the Contractor entry fee arising from such persons, as a penalty.
All companies offering maintenance, repair, technical services etc., which will enter the Marina area, shall fully submit all the documents to be requested by Marina Management. Marina Management cannot be held liable for any financial loss due to lack of documents.
Marina Management shall set the speed limits in marine and land traffic during entry to, cruise/manoeuvre inside and exit from the Marina and announces the speed limits on the signs. In cases where there is no such sign, max. speed for marine vehicles is 3 NM, and max. speed for the land vehicles is 20 km. The car owners who fail to follow these limits will be banned from entering the Marina.
Turkish flagged boats can be operated by persons other than their owners and captains, as long as they are authorised in writing by their owners, hold the necessary licence to operate the boat; legal legislations shall apply to the foreign-flagged boats.
It is forbidden to discharge wastewater tanks, bilge water, all kinds of detergents and similar chemicals into the sea. Such waste must be handed to the Waste Collection facilities licensed by the Ministry of Environment and Urbanization, pursuant to the Regulation on Waste Collection form the Ships. Those who violate this prohibition will strictly be reported to the Coast Guard and the relevant authorities. As per the legislation, it is mandatory to keep a wastewater tank on the boats. It is forbidden to discharge the tanks, bilge water, any chemical, inorganic or organic waste into the sea and those who are in breach of this provision will be reported to the sanction institutions and official authorities.
Marina Management has the right to enter the boat in order to carry out the activities including but not limited to re-mooring, unmooring, relocating, moving, lifting, launching and rescuing, etc., if it deems necessary for the safety of the boat and the safety of other residents and boats using the marina, in special circumstances and emergencies. These services will require extra charge, if provided upon the request of the Boat Owner.
CHAPTER 6 / AUTHORITY AND RESPONSIBILITIES OF MARINE MANAGER TO MAINAIN THE SECURITY OF MARINA
Marina Manager has the following authorities to ensure coordination between the employees and the services regarding the operation and management of the Marina in an orderly, clean and safe way. Thus he/she;
Monitors the entry of the boats into the Marina, mooring, departure, maintenance and repair works as well as the exit of the yachts from the marina.
Assigns the docking and mooring locations of the boats; in cases and circumstances deemed necessary; changes the docking points allocated to the boats; and moves the boats to a safe location by informing the owner and captain, otherwise through his/her own staff.
With respect to the boats whose owners and captains are not available, he/she can have the necessary repairs done in case of any emergency and collect the cost later.
Warns the boat owners or their captains of their inappropriate acts which disturb the order and peace of the Marina, create a hazard for the public, not complying with the provisions set out in this regulation; removes any persons who insist on the same or similar behaviors in defiance of the warnings and take other punitive measures by informing the Port Authority. In case of similar behaviors of people, other than boats and boat owners, he/she (Marina Manager) removes such persons from the Marina and does not let them enter the Marina and prohibits them from using the activities offered by the facility. Marina Management cannot be held responsible for any damage or loss to be incurred by the parties that may be affected by not allowing the persons, firms, equipment and marine vehicles that are found out to have violated the terms and conditions of this regulation to enter the Marina or by stopping the supply of Marina services to such persons. He/she calls in law-enforcement officers to maintain the peace and safety of the Marina, where necessary.
Examines the works carried out for the operations subject to permission, as specified in the other articles of this Regulation and gives approval in cases he/she deems necessary.
He/she may discontinue the services supplied to the yachts unless they pay the fees/charges realized in accordance with the price list and / or they may not be allowed to leave the Marina.
Regulates the principles of the works of the personnel employed in other services provided under the Tourism Operation Licence in the Marina and ensures coordination between these services and requests the Ministry to punish those cannot accommodate themselves as Article #31 of the Law for the Encouragement of Tourism No: 2634 and / or asks the management to discontinue the employment of such persons.
Where deemed necessary, he/she shall permit the operations prohibited by this regulation or introduce new rules and regulations as may be required by the nature of the operations.
It shall permit the boats to utilize the sea tourism facilities in case of extraordinary circumstances, if the facility is suitable and upon the request of the port authority.
In the event that foreign-flagged touristic boats are left in Turkey pursuant to the article #46 of the Regulations on Marine Tourism, he/she prepares a letter addressed to the customs and port authority evidencing that such vehicles are taken under the responsibility of the Marina. He/she immediately reports the boats failing to declare intent of entry or exit, to the representatives of the authorized bodies at the ports.
Regulates the working hours of the commercial units at the marina and the start and end times of their services. It controls the manner in which these activities are carried out, its cleanliness, safety, suitability for the purpose, and controls the employees' attire and behaviours.
It carries out the duties and takes the measures stipulated by this regulation. The Marina Manager may delegate the powers set out in this regulation to its subordinates when deemed necessary.
CHAPTER 7 / PROVISIONS REGARDING THE CONDITIONS OF MOORING, LAND PARKING/STORAGE AND DRY DOCK BOOKINGS, CANCELATION TIMES
The reservation request by Boat Owner is confirmed by the confirmation of Marina Management as the advance payment hits the Marina records . In case of cancellation of reservation, the following rules shall apply;
Reservations can be cancelled at the sole discretion of the Marina Management or the dates and times of the bookings can be changed.
Filling in the booking form does not guarantee or reserve the allocation or provision of a mooring point or the operation of dry dock service. In order the reservation process to be finalized, advance payment requested by Marina Management must be made.
The Boat Owner has the right to cancel and recover the advance payment within 7 (seven) days of the advance payment made for the reservation request, pursuant to the rules of the contract. In case of cancellations exceeding 7 (seven) days following the advance payment, no refund will be made.
In reservations, 25% of the mooring fee which is calculated based on to the current price list and LOA and BEAM (according to the declaration of the boat owner concerning the boat size if the document cannot be submitted during the booking period) shall be collected as a booking advance. The request for a reservation made by the boat owner will be finalised upon the confirmation by the Marina Management confirmation as soon as the advance payment is received by the Marina Management . If the boat size turns out to be larger than what he/she declared by the Owner of the boat, then a surcharge will be collected from the Owner of the Boat.
In the event that the service start date is changed to another date before or after the dates specified in the reservation or in the contract, the surcharge for such change dates shall be determined by Marina Management.
In case of incorrect information found out in the reservation details, the right of cancellation without any refund of the deposit or updating the reservation details belongs to the Marina Management .
If the boat which has already paid for the reservation does not show up on time, then the advance payment shall not be refunded.
The reservations cannot be transferred to be used by other yachts.
In the event that all of the requested boat documents are not submitted to the Marina Management , the reservation cannot be turned into a contract.
CHAPTER 8 / PAYMENT LIABILITY REGARDING MOORING, LAND PARKING/STORAGE AND DRY DOCK AND SERVICE CONTRACTS
Boat Owner shall pay the fees charged for the services provided to him / her by Marina Management or its affiliated units, based on the rates determined by Marina Management. Boat Owner also pays in advance the stamp duty of the contracts made / to be made with the Marina.
The fees shall be paid in full when the invoices issued by the Marina Management is received by the Boat Owner. If the owner of the boat fails to pay such fee on due date, he/she will be deemed to be in default without any notice
The owner / master can make payments in cash, with credit card and / or via wire transfer / eft system
Payment obligation of the Owner of the Boat, as specified in this regulation, is one of the key elements in the contract, and if the payment is not made in a timely manner and / or is made late, Marina Management reserves the right of imprisonment, , without any notice, arising from either the space occupied by the boat or incomplete documents, incorrect declaration, accommodation or failure to pay service charges during the period when the boat is on land or at sea and also the obligation will arise to pay the loss and damages, whether agreed upon or not. The boat owner agrees and undertakes that Marina Management possesses such rights and thus h/she will not claim any direct or indirect (consequential) damages, as a result of the exercise of these rights.
The previous and / or new owner of the boat cannot claim any refund from the Marina Management , for the remaining days of mooring/land parking/dry dock service contract .
In case the owner of the boat takes the contracted boat out of the marina, another contract shall be made to use the remaining period based on the mooring point, also a surcharge will be payable if there is any difference in LOA in case the owner chooses to receives such services with another boat.
Boat Owner is not allowed to transfer or rent out the mooring point provided to him upon the service contract he /she has made.
The fees related to all services of Marina Management are realised in EURO and the payments shall be calculated in EURO or its equivalent in TRY in accordance with the cross exchange rate announced by the Central Bank of Republic of Turkey on the date of payment. The payments can be made in a currency accepted by Turkish Banks or its equivalent in TRY to be calculated based on the Buying Rate of Exchange for EURO announced by the Central Bank of Republic of Turkey on the date of payment, effective on the day of payment. Even if the invoice is issued in TRY , the debt of the Owner to the Marina Management will be followed up in EURO and Marina Management will also issue another invoice for the difference in exchange rate between the issue date of the invoice of the debt realized in EURO and the date of the payment. Marina Management reserves the right to change the rules how the exchange rate is determined, where it deems necessary.
Some of the charges for the basic and additional services offered by the Marina Management are given in the marina price list. Not all of the applicable fees have to be shown in the price list and such charges for the marina service can be modified, as required by the Marina Management requirements.
The boat owner agrees and undertakes in advance to pay the fees of all services offered to the boat and him/her by the Marina Management, based on the prices determined by the Marina Management and within the time frame and under the terms and conditions specified by Marina Management. If the payments are not made as specified in this article, the boat owner shall agree in advance that Marina Management has the authority to apply the highest of the charges set for such service, and to request a late charge if required and it can exercise such authority anytime it wishes.
Moring fee is calculated based on the full length (LOA) of the boat, its width (max. beam) and the applicable unit prices on the day of signature of the contract, boat's mooring point and other conditions. The resultant fee in this calculation is collected in advance. The mooring period is determined on the basis of “minimum daily use is 24 hours” and based on the number of overnight stays.
Beaching-Launching fees is calculated the full length (LOA) of the boat, its width (max. beam), the unit price for the type of the lift/dry dock used during the beaching and / or launching operation, the unit prices and conditions applicable on the day of signature of the contract The fee found out in this calculation is collected in advance. Beaching-Launching operation is considere a single operation as a whole and calculated accordingly.
The boat owner is required to pay any outstanding balance in the current account before the boat is launched. Otherwise, the owner of the boat is responsible for all kinds of damages and losses caused by the boat not being launched.
The boats entering the marina but failing to sign or renewed Mooring or Land Parking / Storage Contract will pay the mooring fee, which will be accrued for the period till they make a contract and pay the mooring fee in cash, based on the daily mooring fee in the Price List for Mooring at Sea.
Regarding the overdue payments, Marina Management collects from the Owner the interest amount determined according to the rate of monthly delay, in accordance With Law on Procedures of Collection of Public Receivables No. 6183.
CHAPTER 9 / PROVISIONS REGARDING THE DRY DOCK SERVICES, MAINTENANCE/REPAIR AND LAND PARKING/STORAGE AREA
Marina Management can allocate space for boats and marine vehicle within the site called Dry Dock area. Boat Owner is required to make a written dry dock contract with the Marina Berth Management, so that he/she can use dry dock operation and comply with the provisions of this regulation as well as the operational rules.
The boat owner is liable to submit to the Marina Management the registration documents and the boat’s insurance documents, including the 3. party liability insurance, prior to the dry dock operation. Otherwise the operation will not take place.
Beaching operation starts by lifting the boat and marine vehicles off the sea or their carrier and ends when they are by fixing the shoring pieces and hooking straps once placed securely on the ground. Launching operation begins by lifting the boat and marine vehicles off the location where it stands on the ground and ends when they are dropped into the sea or on a carrier
Beaching and/or launching operation is carried out under the supervision and observation of the Owner. During this process the boat is deemed to have been received by the boat owner. Boat owner agrees, declares and undertakes to pay any additional fee for any lifting, dry dock suspension and/or operation to be carried out to satisfy/eliminate the obstacle in case it is found out that the boat cannot be launched or placed on a carrier due to such obstacle not caused by negligence of Marina Management, following the removal of shoring supports once the launching operation is started (in cases where it is discovered that the boat is taking on water or the boat requires a repair on the hull once the boat is launched into the sea, etc.)
Each boat that is taken ashore is required to receive a hull/bottom washing service if Marina Operator deems it necessary. The bottom wash is done only in the areas determined by Marina Management , by management staff and equipment and the fee thereof is collected in advance.
The details relating to the dry dock system to be applied and the suitability of the boat to the dry dock operation in terms of constructive (any part/piece used to complement a detail without a bearing function), hardware or other aspects, the suitability of the rules and principles determined by the company's manufacturer regarding the beaching and / or launching of the boat will be taken into account and notify the Marina Management in writing of this matter, if any, prior to the dry dock operation. He/she will submit to the technical unit of the marina all line plans (bottom of the boat) concerning his/her boat. Any damage or loss that may occur due to Boat Owner’s failure to consider these matters, shall be paid by the Owner. Marina Management gives the final decision regarding the way and method by which the boat will be beached and/or launched.
Marina Management cannot be hold responsible for failure not to commence the operation on the planned date or for suspending the operation due to unavailability of technical means (speed of wind, state of sea, level of sea water, insufficient daylight, etc.) or unexpected / unpredictable environmental / weather conditions over the course of the period when the beaching or launching operation will be carried out.
Marina Management cannot be held responsible for the reason that the predicted lift cannot commence the dry dock operation or the operation cannot be completed, therefore the Dry Dock Contract cannot be fulfilled on the scheduled date due to some unforeseeable reasons (improper weight distribution of the boat, the restrictions imposed by the constructive and streamlined nature of the bot, etc.) No refund can be requested for any advance payment or fee collected by the Marina Management.
The Boat Owner is obliged to ensure that the inclination/ramp and trim of the boat are properly maintained before starting the dry dock process. In addition, if the boat has any extensions such as a mainstays lines that might touch the upper beam of the travel lift, the boat owner is responsible for loosening, removing such lines as well as for any potential damages.
It is the Boat Owner's responsibility to bring the boat to the yard ramp or dry dock for the dry dock operation and manoeuver it properly. If the boat cannot be brought to or removed from the dry dock by own means on time, the operation can be helped by Marina Management and the Boat Owner agrees, declares and undertakes to pay for the service provided.
No one is allowed to stay on and/or inside the boat during the beaching or launching operations. This is under the responsibility of the Boat Owner.
The Boat Owner must act in accordance with the booking time for the beaching or launching operation, as agreed upon with the Marina Management. Marina Management may postpone the beaching or launching operation at a later time if the Boat Owner fails to make the necessary preparations for the beaching or launching operation at the specified time. Therefore, all sorts of damages and losses to arise such negligence shall belong to the Boat Owner.
The space where the boat will be positioned in the land park are area will be determined by Marina Management in accordance with the information submitted by the Boat Owner in the Dry Dock Contract . The position of the boat that expired the date in Dry Dock Contract can be changed Marina Management, without giving any notice to the Owner, if the boat is preventing the manoeuvres of the other boats. For this reason, the operation carried out will be charged in accordance with the rules stated in the price list. The Boat Owner agrees, declares and undertakes to pay the due amount immediately. In addition, the boat owner is responsible for any damage and loss likely to occur on the boat as a result of such dry dock operation.
Boat crews and boat customers are not allowed to accommodate on the boat. However, exceptional circumstances are subject to the times and periods approved by the management of the dry dock area. All permission has to be in writing.
It is forbidden to operate any device, such as engine, generator, etc. and act in a way that might cause vibration on the boat positioned on land or set/hoist the sails, lower the sails while wrapped around exposed rigging. Otherwise, all damages and losses shall belong to the Owner.
It is forbidden to operate any device, such as engine, generator, etc. and act in a way that might cause vibration on the boat positioned on land or set/hoist the sails, lower the sails while wrapped around exposed rigging. Otherwise, all damages and losses shall belong to the Owner.
It is strictly forbidden to dump, release, discharge any pollutant such as bilge water, washbasin, dishwashing, toilet, shower waste water, etc. out of the boat once positioned on land. Any pollution caused by the maintenance and repair works being carried out by the Owner of the Boat and / or by the persons and / or bodies authorized by him/her shall be immediately cleaned by the owner or the owner can have such pollution cleaned. If it is found out that the owner failed to do the cleaning or failed to have it cleaned; a penal fine shall apply as specified by the Marina Management and Marina Management may work to clean such pollution, the fees and charges of which will be paid immediately by the owner.
Boat Owner is liable to take all necessary measures to prevent the neighbouring or adjacent boats and facilities from getting dirty or being damaged during the operations organised by the boat owner and carried out on the boat such as wood works, painting, varnishing/polishing, welding, grinding, sanding, blasting, etc., otherwise all damages and expenses related to cleaning shall be paid by the owner of the boat. The works being carried out without taking any measure will be discontinued by Marina Management . The owner of the boat will be liable to set up tent, etc. or have such tents set up, as deemed necessary by the Marina Management. A report will be prepared for operations that are discovered to have been carried out without any measures taken and therefore causing damage on the neighbouring or adjacent boats and facilities and the total damage will be reimbursed immediately by the owner of the boat causing the damage.
Any shoring supports and wedges that support the boat on land can only be placed and replaced/relocated by the staff of the Marina Management. It is dangerous and forbidden to relocate the shoring supports, cushions and wedges by persons other than the staff of Marina Management and thus any loss or damage caused due to non-compliance with the clause shall belong to the Boat Owner.
Marina Management is not liable or obliged to supply the necessary scaffolds for the works organized by the boat owner. The existing scaffolds, a-frame (shoring) and planks (catwalk) are primarily at the disposal of the management of the dry dock. In cases where materials such as scaffolds, a-frame (shoring) and planks (catwalk) are required by the owner of the boat, they are made available if the service amount specified by Marina Management is paid by the owner.
It is dangerous and forbidden to attach the winter tarp lines on the boat or the connection lines that can apply force onto the cross members of the shoring supports or to fasten chains or similar weights on the hoists.
It is dangerous to connect external power to the boats on land, during the absence of the boat owner/master. All necessary measures in this respect shall be taken by the boat owner at his/her own risk.
All responsibility shall belong to the boat owner for any damage and loss which may occur in case he/she receives overloaded electricity for his/her boat from the panels and pedestals available within the dry dock area.
It is the responsibility of the Boat Owner to earth the boat during its stay at the dry dock area. Marina Management cannot be held responsible for any damage or damage caused by earthing.
It is essential to obtain permission from the Marina Management in order to perform roof installations (tarpaulins covering, shrink wraps, etc.) at the dry dock area. The size of the roof to be built will be limited to 1 meter from bow, stern and each board sides (port & starboard). The material to be used should be selected in accordance with the relevant Work Safety Legislation. The Boat Owner is solely, jointly and severally liable for the compensation of any damages caused due to roof installation, on Marina Management and staff thereof, other boats and the employees thereof as well as 3. parties in the Marina. The difference in the actual surface of the area (m2) caused due to the roof installation at the dry dock area will be charged to the Boat Owner based on the current price list.
The boat owner is responsible for taking any and all safety and fire measures required for the works organised on the boat. It is strictly forbidden to keep explosives in the boats. The owner of the boat shall take such measures not to bring any hazardous substances such as LPG cylinders to the dry dock area and to the boat, not to keep highly explosive and/or inflammable materials on the boat, etc.
Marina Management will not allow the entry of any external cranes/vehicles brought into the dry dock area to deliver beaching/launching service.
The boat owner and his crew must leave their vehicles in the carpark. No vehicle is allowed in dry dock area. The entrance to the dry dock area can only be permitted for a short time only in exceptional circumstances such as cargo loading and unloading, which is subject to approval of the Marina Management .
Marina Management is the sole authorised body in/for all services and facilities at the Marina. Marina Management assumes no responsibility for the connections of the boat owners and captains with other organizations or persons .
Boat Owner notifies the Marina Management of all requests regarding the services offered by Marina. Boat Owner cannot assign any work to the staff of the marina, beyond the knowledge of the Marina Management .
Before the boat is launched into the sea, it is necessary to ensure the reconciliation of the current account related to the dry dock area and to finalise the transactions concerning any outstanding debt. Otherwise, Marina Management will have the right to retain the source of the debt; suspend any service, commodity sale; or hold any other cause/stuff and the boat in pledge until the debt is paid, in addition to its right of imprisonment as the case may be.
CHAPTER 10 / LIABILITIES AND INSURANCE
All marine services offered within the marina and dockside area will only be carried out by experienced specialist staff holding necessary qualifications for their duties in the marina.
Boat owners and captains, the crew and seamen will personally be responsible for any loss and damage they can cause in the marina or on other boats and third persons;
- During berthing and departure,
- During land parking, beaching, launching, servicing, maintenance and repair works,
- Due to the failure to take the necessary safety measures when in moored position situation.
Boat Owner is liable to get to know about the legislation as regards the entry/exit of himself/herself, his/her boat, boat crew and his/her attendants to/from Turkish Territorial Waters, and his/her cruise in Turkish Territorial Waters, leaving the boat under the responsibility of the Marina Management and termination of such responsibility, mooring, unmooring, his/her departure from Turkey by another vehicle other than his/her boat, and to take the necessary measures in a timely manner.
The boat owner and the captain are responsible for the loss, theft, damage of the goods available on the boat, as well as for the damage to be sustained/incurred by their guests and crew on their boats.
The boat that will use the Marina is liable to maintain a valid and sufficient (comprehensive insurance and 3. Party Financial Liability) insurance. Boat Owner is obliged to perform all necessary transactions in this regard. A copy of Insurance Certificate shall be submitted to the Marina Management during the execution of Mooring and/or the Dry Dock Contract. The 3. party liability insurance of the boats, which do not hold comprehensive insurance purchased on accurate values or failed to extend the existing insurance although the previous insurance period has expired, shall be made by the Marina Management and invoiced to the boat owner. However, the owner of the boat is directly responsible for the damage that cannot be reimbursed/covered by 3. third party financial liability insurance.
The Boat Owner is solely, jointly and severally liable for the compensation of any damage caused by his crew and boat customers, to the Marina Management and staff thereof, other boats and employees in the Marina and to third parties.
Any loss, damage caused by the Boat Owner, the crew and his/her customers on their own boats and / or other boats, to the facilities of Marina Management are not covered by the Marina Management Financial Liability Insurance and are not under the responsibility of Marina Management
Any theft and losses, which may occur in the depots or Yachting storages, are not covered by nor under the responsibility of Marina Management Financial Liability Insurance.
Any loss and damage, which may occur during the transfer of the boat from the water or its carrier down to its location on the ground or transfer from their locations on land into the sea or on another carrier by lifting it by means of a travel lift, due to the rupture of rotten or weak parts of the boat or the release of the centreboard from the hull or vice versa, are not covered by the Financial Liability Insurance and are not under the responsibility of Marina Management.
Any loss and damage caused on his/own boat or on other boats, vehicles, equipment and persons around the perimeter of the boat by the owner and/or the crew during the maintenance, servicing carried out on the boats on the ground are not covered by the Marina Management Liability Insurance and are not under the responsibility of Marina Management.
Security Service provided by the Marina Management is for deterrence purposes only. Due to the fact that Security services are just a precautionary action, Marina Management cannot be held liable for likely theft, loss, damage of the items, partially or wholly, in either registered or non-registered inventory of the boats or for any material and non-material damage and loss which may be incurred by the boat owner, the crew and his/her customers due to any injury, death/murder and terrorist attacks.
CHAPTER 11 / CANCELLATION OF MOORING SERVICE AND LAND PARKING CONTRACT
The Boat Owner agrees, declares and undertakes in advance to comply with all the rules of Marina Management as specified in this regulation a well as general and special conditions to be carried into effect and / or amended by Marina Management at any time it deems necessary. Access to the Marina by sea or land requires the acceptance of and compliance with all rules. The behaviours and actions of the Owner in breach of the Marina rules constitutes a reason for hostility, in which case the Marina may terminate the Mooring, Land Parking / Storage and Service Contract unilaterally by way of declaration of will, without any compensation.
In case the Boat Owner, the Captain and / or the Employees thereof violate the provisions of the Operational Regulations, the contract can be terminated. In case of termination of the contract due to violations of the rules of regulation, the service fees paid by the boat owner will not be refunded and Marina Management reserves the right the claim for damages. Boat Owner may not claim any right or compensation, due to the termination based on violation.
In case the Boat Owner sells his boat within the contract dates, the new owner of the boat may use the remaining period of the contract starting from the day of the sale of the boat, -provided that it submits a waiver of the contract by the owner and that the period of the contract is rounded up a minimum of 365 days. This procedure can only be offered for the boat making yearly contracts, for once only, provided that Marina Management approves and the boat does not have any problem that could cause the service contract to be discontinued (e.g. any carryover outstanding balance, the prohibition from sea, seizure, missing documents, etc.) The new contract to be made cannot enjoy the special conditions of the previous contract and is to be made based on the current price list.
Legal action shall be taken against the boat owners who fill out a boat registration form and/or make a contract with the Marina fail to renew their contracts at the end of the duration of the contract and the boat owners who fail to pay the marina service fees. Notices regarding the legal proceedings shall be served to the address of the Turkish owner if the contract is still in force, or to the latest address in this contract if the contract has been terminated, (to the address registered in the Trade Registry if he/she is a Legal Entity) or to the address he/she has declared if there is no record for address. Since the marinas to which the boats are registered as well as the boats themselves are regarded as a residential address as per the circulars of the Directorate General of Security, dated 23.07.1998 No. 145, and dated 13.07.2000 and No. 00113, the notices to be served to the foreign owners of foreign-flagged boats shall be sent to their boats.
In cases of any change in the ownership of a boat that remains within the marina and continue to receive services from the Marina, the Boat Owner who sells (transfers, etc.) the boat is liable that new Boat Owner who purchases the boat makes a contract with the Marina Management and submit the new documents of the boat to the Marina Management. Marina Management may, at its sole discretion, refrain from making a contract with the new owner. In such a case, the new boat owner is obliged to remove his boat from the Marina immediately.
Marina Management will have the right to establish a general or special lien on the boat or other assets or properties of the boat owner, no matter where they are located, in pledge, unless the Boat Owner/Master pays in full the rent, storage, usage, commission, mooring fee, labour, servicing related to any of the properties of Boat Owner/Master or any other debt arising from any reason whatsoever, in addition to its right of imprisonment as the case may be, upon unilateral declaration of will.
In case the Mooring / Land Parking Contract expires and is not renewed by the boat owner or terminated by the Marina Management, the boat must shall be required to leave the Marina on the same day. Otherwise, the Boat Owner will be liable to pay a daily unit fee given in the formal Price List for each day it stays at the Marina, along with the compensation to be specified by the Marina Management.
CHAPTER 12 / GENERAL PROVISIONS
Boat Owner agrees and undertakes to comply with all rules of Marina Management , all decisions of the persons authorized by this Regulation and general and special conditions to be set and / or amended by Marina Management any time it deems necessary in accordance with this Regulation, whether or not specified in this regulation.
No failure or delay by the Marina Management in exercising its right of unilateral termination and/or any other of its rights or its partial use of such rights granted under this regulation or no failure or delay by the Marina Management in requesting the Boat Owner to fulfil any of the obligations it has committed upon this Regulation shall operate as a waiver thereof , nor preclude the Marina Management from any later exercise thereof or the exercise or withdrawal of any other rights, powers granted under this Agreement. Similarly, failure of the Marina Management to raise an objection about any illegal action of or any violation by the boat owner shall not operate as a waiver of such right for the subsequent breaches by the boat owner of the same or other provision of this regulation.
Boat Owner agrees and undertakes to act in accordance with the law of police force and general code of ethics.
“Marina Mooring - Land Parking / Beaching/Launching Contract” attached here in this regulation is not a rental/leasing contract pursuant to the provisions of Turkish Code of Obligations No. 6098.
This Regulation is subject to the Law of the Republic of Turkey, and the Courts and Enforcement Offices of Istanbul (Anadolu) shall be competent court of jurisdiction in the resolution of any disputes.
Marina Management can share information about Boat Owner and Boats with the public institutions and organizations in accordance with the requests of the public institutions and organizations.
The Marina reserves the right to amend the above-mentioned terms and conditions at any time as required by the Marina Management.
The addresses of the parties mentioned in the contract or their boats will be their correspondence addresses. The owner of the boat agrees and undertakes in advance that the notifications served to such addresses shall be duly made and valid, unless the Marina Management is notified of any change in addresses.
Boat and marine shows/fairs can be organised at any time and in any form. The mooring locations of the boats can be used within the timeframes required for the exhibition. Such Boats shall be required to move their boats to their new mooring locations to be assigned by the Marina Management, within such timeframes. Otherwise, the places of the boats may be changed by Marina staff and equipment pursuant to the relevant provisions. In this case, Marina Management will not be responsible for any damages.
CHAPTER 13 / SPECIAL CONDITIONS
This Regulation, which is an integral part of the Marina Mooring Service Agreement and the Beaching-Launching / Land Parking Agreement shall be binding upon any boat owner entering the Marina, whether a contract is signed or not and all boat owners must comply with the provisions of this Regulation. The owner of the boat who brings his / her boat to Marina agrees, declares and undertakes that he/she is still obliged to observe, follow and comply with the provisions of this regulation as long as his/her boat remains at the Marina, even if he/she has not sign a contract, as it is a clear requirement based on the fact that this Regulation is already published on the website of the Marina and it can also be obtained from the front offices of the Marina Management.
The boat owner who fails to sign the contract although he/she has entered the Marina agrees, declares and undertakes that sea-land mooring fee to be calculated for the period it will stay shall be calculated based on the current price list available on the date he/she signs the contract and he/she will have to pay such charges to the Marina Management.
The owner of the boat agrees, declares and undertakes that Commercial Electronic Messages, such as messages ads, special offers, etc. can be sent to him/her by the Marina Management by means of e-mail, sms, mms and other means of Commercial Communication, as specified in the Law of the Regulation of Electronic Commerce.
This Regulation is subject to the Law of the Republic of Turkey, and the Courts and Enforcement Offices of Istanbul (Anadolu) shall be competent court of jurisdiction in the resolution of any disputes.
Via Marina Yapım ve Yonetim A.S. reserves the right to change the above-mentioned conditions at any time as required by the Marina Management.
Any matters not covered by this Regulation will be subject to the Maritime Tourism Regulation published in the Official Gazette dated 24 July 2009 and No. 27298, which is regulated by sub-paragraph #4 of paragraph A of article 37 of the Law on Promotion of Yacht Tourism, No. 2634.
CHAPTER 14 / LETTER OF UNDERTAKING FOR INTERNET USAGE
The user names and passwords obtained to use free internet service are personal and should be kept confidential and not shared with anyone.
If unauthorised persons get to know the password, Marina Management will be notified immediately to change the password.
The person in charge of the boat cannot allow others to access the Internet through his / her account. In such a case, the account holder whose full ID details are given below will be responsible for any undesired consequences.
It is not allowed to access the websites in the categories specified below, by using the free internet service. Having access to any web page through this service does not mean that such websites are permitted by Marina Management;
Any website prohibited by the law of the Republic of Turkey or by a court order,
Any website which contains, racist, hatred, revenge, insulting statements, gambling, betting, weapons, hacking, obscene websites as well as any website that violate the legislation specified by the constitution and the laws.
File sharing websites (Rapidshare, Hotfile, Sharefiles, etc.)
Illegal websites which allow downloading copyrighted content, etc.
The users who enjoy free internet service are not allowed to perform vulnerability scans, attempts of infiltration by means of vulnerability scan tests and carry out physical interventions on the systems used for the provision of this service. Legal action s can be taken in case such actions are discovered
It is forbidden to download, use, reproduce any files which may constitute an offence (copyrighted, movie, music, document, e-book, audiobook, file, software, etc.) pursuant to the law of the Republic of Turkey (Law on Intellectual and Artistic Works no. 5846, Law About Cinema Video And Music Works no. 3257, etc.) and market and distribute such works through this internet service. Any and all responsibility to arising from violation of this clause shall solely belong to the user.
The security of the transactions, such as buying/selling a service/product performed via free internet service shall only belong to the person who performs the transaction by sharing personal information (credit card number, name, surname, ID number, password, etc.)
The records relating to the use of free internet service are maintained for at least 6 months in accordance with the Law on Regulation of Publications on the Internet and Combatting Crimes Committed By Means Of Such Publications, No. 5651 . Likewise, such records can be shared with the judicial authorities upon their request, as required by the law.
Personal information to be obtained from the users who will enjoy such services and internet usage data shall not be shared with others, for reasons and legal requirements other than specified by the legislation and shall not be used for commercial purposes. The privacy of such information is protected.
The device which is used to enjoy free internet service needs to have up-to-date Anti-virus software installed for security reasons.
If the boat using free internet service, leaves the Viaport Marina for any reason, the master will contact the Marina Office to settle the account opened in his/her name. Any usage through such account before and after the departure of the boat and responsibility shall belong to the user indicated below.
The user agrees and undertakes in advance that all legal responsibility arising from the breach of this letter of undertaking shall belong to him/her.
I agree and undertake that I will protect the access account information (username and password) provided to me to enjoy free Internet service. I am aware of the fact that it's forbidden to share my username and password. I will change my password when I am requested by the system or when I suspect that my password is seized by others. In case of departure from Viaport Marina, I will have my username and password cancelled. As the applicant, I hereby declare that I have read and understood the above-mentioned rules and agree and undertake that I shall comply with these rules.