TERMS OF USE AGREEMENT
As a condition of using this platform, you represent and warrant that: (i) you are at least 18 years of age; (ii) you warrant that you have the legal authority to enter into a binding legal obligation. yachtingverse.com reserves the right to deny any person access to this platform and the services we offer.
These terms and conditions, as may be amended from time to time, apply to all our services offered directly or indirectly (through distributors) online, via any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications and/or completing a reservation, regardless of the platform (collectively referred to as "platform", "service provider", "site"), you agree to the terms and conditions set out below (privacy and cookies). You acknowledge and declare that you have read, understood and accepted the policy (including the policy).
These pages, the content and infrastructure of these pages and the online boat reservation service ("service") provided through the platform are to Yachtingverse Seyahat Turizm Ticaret A.Ş., Halkapınar Mahallesi 1203/11 Sokak No:5-7/72 Konak-İzmir/TURKEY (“yachtingverse.com”, “we”, “us” or “our”) is owned, operated and provided by and is provided for your personal, non-commercial use subject to the terms and conditions set out below.
You understand and agree that the service provider is not a party to any contract between boat owners and charterers and that the service provider is not a charter company, boat broker, agent or insurance company. You acknowledge and agree that the service provider has no control over the conduct and actions of boat owners, lessees and any users of this site or services and boats, and is not under any liability in this regard.
1. DEFINITIONS
In this Agreement the following words and expressions have the following definitions:
"Prepayment" means the payment made by the Tenant to the Service Provider at the time of the Booking. Prepayment is a certain percentage of the Reservation Fee and varies from Boat to Boat (determination of this rate is entirely at the discretion of the Service Provider or – for some Boats – its designated person).
"Remaining Payment" means the payment made by the Tenant to the Service Provider by the Limitation Date or by the difference between the Reservation Fee and the Prepayment due at Check-in.
"Agreement" It refers to this Terms of Use Agreement, accessed at https://yachtingverse.com/policy/terms-of-service/43 , which the Service Provider may amend unilaterally and at its sole discretion from time to time. The Service Provider reserves the right to unilaterally change the website address where the Agreement is located.
"Boat" refers to a sailboat, motor yacht, catamaran or any other type of watercraft owned by the Boat Owner that has been deemed suitable to be published on the Site for reservation by Members.
"Boat Delivery Report" is a document prepared by the Service Provider and delivered to the Boat Owner electronically (or allowed to be reached through the Site or any other way), which must be signed by the Tenant during the delivery of the Boat to the Tenant on the travel start date, It refers to the document proving that it has been delivered to . and that the Tenant has benefited from the Services and other services (of the Boat Owner) agreed upon in the Booking Confirmation.
"Boat Owner" means any person who is the legal and beneficial owner of a Boat, or who is duly authorized by the legal and beneficial owner of a Boat, or who has acquired the exclusive and unconditional right to use a Boat. or Member who posts his/her Listings on the Site for the purpose of making a Reservation by a Tenant.
“Reservation” means a reservation made by a Renter for a Boat offered by a specific Boat Owner and published on the Site.
“Booking Confirmation” means the official acceptance by a Boat Owner of a Booking made by a Renter.
"Reservation Request" means a request made by the Tenant for a Reservation prior to such Reservation.
"Business Day" refers to the days when Turkish banks are open.
"Cancellation and Change Option" has the meaning ascribed to it in Section 7 of this Agreement.
"Cancellation and Change Conditions" refers to the reservation cancellation and change rules described in Section - 7 of this agreement.
"Check-in" means the moment when the Boat is delivered to the Renter by the Boat Owner in relation to a confirmed Booking Request.
"Checkout", in relation to a confirmed Booking Request, refers to the moment when the Boat is delivered by the Tenant to the Boat Owner at the end of the agreed period.
"Check-in Date" refers to the day the Boat is delivered to the Tenant by the Boat Owner in relation to an Approved Booking Request.
"Check-out Date" refers to the day on which the Boat is delivered by the Tenant to the Boat Owner at the end of the agreed period in relation to an Approved Reservation Request.
“Content” refers to the aggregate of Member Content and Site content.
"Navigating Area" means (i) the navigation area mutually agreed upon by the Tenant and the Boat Owner, or (ii) if there has been no such mutual agreement as to a navigation area, then in which it is reasonable for the Boat to navigate, considering the location at which Entry occurs. It represents the area that can be expected in the following way. In any case, the Cruising Area shall only include (i) those places where the Boat and all persons on board are legally permitted to sail or enter, and (ii) on the Boat's Departure Date, in accordance with this Agreement and (Section 4 below). It may contain an area that does not prevent proper return to MSS (as defined in article no.).
"External Account" has the meaning ascribed to it in Section – 3 of this Agreement.
"Free Cancellation Period" refers to a maximum of 3 days (72 hours) (unless otherwise stated), which starts with the Reservation Confirmation and can last until the Limitation Date at the latest.
"Full Reservation Fee" refers to the sum of the Boat Reservation Fee and the Extra Services Fee that the Tenant is obliged to pay in return for the services to be provided to the Tenant by the Boat Owner in relation to a Reservation.
"Reservation Fee" refers to the fee agreed between the Boat Owner and the Tenant for the services included in the price specified by the Boat Owner in its Advertisement. The Service Provider determines the Service Fee reflected to the Boat Owner based on this amount. Some Boat Owners may also include some extra service fees such as fuel cost, cleaning fee, transitlog, captain and crew fees in this amount. For the avoidance of doubt, all fees and charges that are not expressly stated in the Advertisement as being included in the Booking Price are excluded from the scope of the Booking Fee. Unless stated otherwise in the advertisement details, in crewed rentals, Tenants are responsible for the crew's meal expenses and provisions.
"Fee for Extra Services" means the fees for compulsory and/or optional extra services that are not included in the Reservation Fee, such as but not limited to fuel fee, cleaning fee, transitlog, captain and crew fees, and which must be paid directly to the Boat Owner by the Tenant upon Check-in. represents the total.
"Advertisement" means an advertisement for a particular Boat, crew details, services provided, technical and technical aspects of the Boat, shared by a Boat Owner (i) due to its availability for reservation on the Site and subject to the approval of the Service Provider before being published on the Site. It refers to the advertisement containing other features, conditions regarding fuel and meal costs and any other expenses to be included or excluded from the Full Booking Price, and (ii) advertisements regarding Boat Rental, which are subject to the approval of the Service Provider before being published on the Site. It does.
"Expiration Date" refers to the date that varies according to different Cancellation and Change Options (calculated based on the Entry Date), as explained in section 7 titled "Cancellation and Change Policy". As of the Limitation Date, the Reservation becomes final and in case of cancellations made by the Tenant after this date, the payments collected by the Service Provider will not be refunded to the Tenant.
"Member" refers to the natural or legal person who registers an account using the Site by accepting the Terms & Conditions. For the avoidance of doubt, a Member may be a Tenant or a Boat Owner (or both a Tenant and a Boat Owner under different rental relationships).
"Member Content" means all text, graphics, images, music, software, sound files that the Member shares, publishes, uploads, transmits or includes in the Advertisement or Member profile created through the Site or Services or in the profiles of other Members, It refers to image files, information or other materials and all existing intellectual and industrial property rights related to them.
"Option" means the period of time granted by the Boat Owner to make payment to the Renter in relation to a particular Booking Request. During this period, the Boat Owner reserves the Boat for the Tenant and does not rent it to anyone else.
"Special Offer" means that the Boat Owner changes the price, date and/or other details contained in the Advertisement regarding a particular Booking Request and sends this revised offer in a way that can only be seen by the relevant Tenant.
"Payment Service Provider" or "PSP" refers to third party companies that provide payment services required to accept payments, act as payment intermediaries and are selected by the Service Provider (at the Service Provider's sole discretion).
"Rental Period" refers to the period of time for a confirmed Reservation, starting with Check-in (which should occur according to the Reservation) and ending with Check-out (which should occur according to the Reservation).
"Renter" means a Member, a natural person or legal entity, who enters into a service relationship with a particular Boat Owner for the purpose of making a Booking for a Boat and who has agreed to pay the Full Booking Fee.
"Service Provider" refers to YachtingVerse Seyahat Turizm Ticaret AŞ, registered at Halkapınar Mahallesi 1203/11 Sokak No:5-7/77 Konak, İzmir/Türkiye and established in Turkey, with Mersis number 0927124614100001.
"Services" refers to all services provided by the Service Provider, including the online platform accessible from the Site, which connects Boat Owners with Boats for rent and Tenants who aim to rent them.
"Service Fee" means the Full Reservation Fee, which is the obligation to be paid by the Boat Owner to the Service Provider in return for the provision of Services, with the Reservation Confirmation following the Reservation of a Boat through the Site (unless a unilateral discount is made by the Service Provider). ) refers to the amount equal to 20%. The Service Provider has the right to reduce or increase the said 20% rate (or the relevant rate if a separate rate has been agreed between the Service Provider and the Boat Owner) for promotional or any other purposes, or to increase it at its sole discretion.
"Service Provider Content" or "Site Content" means all text, graphics, images, music, software, sound files that the Service Provider offers through the Site or Services, including content licensed from a third party, but excluding Member Content. refers to an image file, information or other material.
"SPS" has the meaning ascribed to it in Section 3 of this Agreement.
"SPS Content" has the meaning ascribed to it in Section 3 of this Agreement.
"Terms & Conditions" or "Terms" means all the terms and conditions contained in this Agreement and any changes to these terms and conditions that the Service Provider may make unilaterally at its free discretion.
“We” or “us” refers to the Service Provider.
"VAT" refers to value added tax.
"Yachtingverse" refers to Yachtingverse, a registered trademark.
"Yachtingverse Account" has the meaning ascribed to it in Section 3 of this Agreement.
"Website" or "Site" is the online platform with the domain name https://www.yachtingverse.com, owned, managed and registered by the Service Provider, and all applications connected to it (computer applications, mobile phone and tablet applications and other This includes mobile applications etc.) and social networking accounts.
"You" or "you" respectively refers to Members, Boat Owners, Renters and users of the Site.
2. SCOPE OF THE AGREEMENT, CONCLUSION AND AMENDMENTS
YachtingVerse provides a platform that connects Boat Owners who own Boats for rent or the right to operate Boats for rent, and Renters who aim to rent these Boats, through different channels, including any other sites through which the Site and Services make accessible.
The Service Provider provides Boat Owners and Renters with a non-exclusive, non-transferable and irrevocable permission to use the Site as Members and benefit from the Services specified in this Agreement (within the limits and conditions explained in the Agreement) through the Site. provides the Services available on this Site and are subject to these Terms & Conditions. By registering, accessing and/or using the Site or Services, you agree to comply with and be legally bound by these Terms & Conditions, even if you are not a registered user of the Services. These Terms & Conditions, which you confirm that you have read and understood, govern your access to the Site and Services and all Content and constitute a legal, binding agreement between you and the Service Provider. The Service Provider may unilaterally change these Terms and Conditions from time to time, at its sole discretion, without prior notice to you. You can review the most current version of the Terms & Conditions at https://yachtingverse.com/policy/terms-of-service/43 (the Service Provider may unilaterally change the internet address where the Terms & Conditions are published). Additionally, when using certain services on the Site, certain additional policies and rules may be published regarding your use of the Site and such services. Your relationship with the Service Provider is subject to all policies and rules that may be published on the Site from time to time. If you do not accept the most current version of these Terms & Conditions, you do not have the right to obtain information from or continue to use the Site or Services.
The Service Provider does not operate as an organizer, agent or service provider for the rental or crewing of any boat (including – without limitation – Boats as defined herein) and/or other Listings and services. Service Provider does not act as an insurer or insurance agent. The Service Provider cannot and does not provide tax advice. Boat Owners and Renters understand and agree that they are responsible for determining their own tax reporting requirements in consultation with their tax advisors. The Service Provider shall not be liable for any undeclared tax liability of a Renter or Boat Owner. If the Service Provider is held liable for any tax liability of the Boat Owner, the Boat Owner will immediately compensate the Service Provider for all losses incurred as a result.
The Service Provider only makes the Site available so that Boat Owners and Renters can agree and arrange for the Reservation of a particular Boat or Listing and, if necessary, accept payments from Renters on behalf of the Boat Owner and transfer such payment to the Boat Owner. It acts as an intermediary to convey what.
If a Tenant requests a Reservation for the Boat Owner's Boat and uses the Boat Owner's Boat, the legal relationship and agreement regarding such use is established between the Boat Owner and the Tenant and the Service Provider shall comply with the said legal relationship and agreement. is not a party and is not bound by the terms of this legal relationship or agreement, and is not responsible for non-performance or improper or incomplete performance within the framework of such legal relationship and/or agreement, or for the consequences of such situations.
Members under the age of eighteen (18) will not be accepted as Tenants or Boat Owners. In order to become a Member, Tenant or Boat Owner, he/she declares, undertakes and guarantees to the Service Provider that he/she is over the age of eighteen (18) and that all personal information he/she provides is correct. The Renter represents, warrants and guarantees to the Service Provider that he/she has the legal capacity to enter into an agreement with a Boat Owner on his/her own behalf or on behalf of any agent or representative acting on his/her behalf.
Service Provider has no control over the conduct of Renters, Boat Owners and other users of the Site or Services or any Boat, or Listing, and disclaims all liability in this regard to the fullest extent permitted by law. In other words, both Tenants and Boat Owners are responsible for the Service Provider's liability for (i) the conduct of Tenants, (ii) the conduct of Boat Owners, (iii) other persons using the Site or Services and Members. They accept, declare and undertake in advance that they are not responsible for the behavior of (iv) the content of the Advertisements and any explanations, pictures and other contents contained in the Advertisement (For the avoidance of doubt, the term "behaviours" includes all kinds of declarations, explanations and expressions). contains). In this context, each Tenant, Boat Owner, Member and other users of the Site or Services will immediately compensate the Service Provider for any damage due to their own behavior.
The Service Provider and the Member accept that the provisions of the Agreement do not have a feature that can be considered unfair and that there is no injustice in terms of the balance of interests. This Agreement does not contain any unfair terms in accordance with the provisions of the regulation on unfair terms in consumer contracts. The provisions do not violate the rule of honesty and good faith and are in compliance with consumer protection legislation.
Unless the context requires otherwise, singular words shall express plurals and vice versa. Headings will be ignored in establishing this Agreement. "Article(s)" / "Section(s)" means the articles and sections of this Agreement, unless an express reference is made to a clause or section of another document. The terms "included" and "including" should never be construed as limitations; they are used for illustrative purposes only.
By accepting these Terms & Conditions, each Boat Owner also accepts the YachtingVerse Payment Agreement ("Transfer Agreement"), a draft of which the Service Provider has sent to him/her electronically or published on the Site. If no Transfer Agreement is published on the Site and a draft of the agreement has not been sent to the Boat Owner, the Boat Owner should act as a prudent trader and accept a copy of the Transfer Agreement from the Service Provider - these Terms & Conditions. – must request and review before proceeding. Otherwise, the Boat Owner will be deemed to have automatically accepted the most current version of the Transfer Agreement in question. If the Transfer Agreement is published on the Site but the Service Provider has sent a different version of the Transfer Agreement to the Boat Owner and this version has been mutually signed, the version of the Transfer Agreement sent by the Service Provider to the Boat Owner will be transferred to the Boat Owner. It will connect . For the avoidance of doubt, in order for the Transfer Agreement to be binding on the Boat Owner, the Boat Owner will not need to sign the Transfer Agreement in question separately. The Boat Owner's acceptance of these Terms & Conditions will make the Transfer Agreement binding on the Boat Owner. will result in it becoming binding.
3. MEMBERSHIP
To access certain features of this Site, create a Listing or make a Reservation, you must create an account (“Yachtingverse Account”) and become a Member. By completing the membership process, you can access your account(s) directly through the Site or through your accounts on certain third-party social networking sites (“SPS”) (including, but not limited to, Facebook and Google, each of which is an “External Account”), as described below. You can create a registration by logging in.
As part of the operation of this Site and Services, you may connect your Yachtingverse Account with your External Accounts by (i) providing your External Account login information to the Service Provider through the Site, or (ii) by providing the Service Provider with your External Account, such You may link your External Accounts by allowing access to them as permitted by the applicable terms and conditions governing your use. You are authorized to notify the Service Provider of your External Account login information and/or to grant the Service Provider access to your External Account (for any reason mentioned but not limited to this Agreement), and you agree to hold the Service Provider free of any monetary compensation. You agree to do so without obligating the Service Provider to pay any compensation and without subjecting the Service Provider to any usage restrictions imposed by the relevant SPS. When granting the Service Provider access to any of your External Accounts, the Service Provider will restrict any content you provide and save to your External Account (“SPS Content”) to be displayed on the Site through your Yachtingverse Account and your Yachtingverse Account profile page. You agree to access, make available and (if possible) save it. Unless otherwise stated in these Terms & Conditions, all SPS Content, if any, shall be deemed Member Content for all purposes of these Terms & Conditions. Depending on the External Account you choose and subject to the security settings you have established in that External Account, personal information you share in your External Account will be made available in your Yachtingverse Account and on the Site and Services. By accepting these Terms, you agree to continue publishing SPS Content on the Site even if an External Account or associated service becomes unavailable or SPS terminates the Service Provider's access to such External Account. You give irrevocable consent to the Provider. You have the right to remove the link between your Yachtingverse Account and an External Account at any time by accessing the “My Account” section of the Site. Your relationship with SPS regarding your External Account is governed solely by your agreement(s) with such SPS. The Service Provider will not attempt to review any SPS Content for any purpose, including to check for accuracy, legality or for violation of any regulatory provisions or third party rights, and the Service Provider (in the Yachtingverse Account, on your Yachtingverse Account profile page is not responsible for any SPS Content (even if published on the Site in any way). The Member will compensate the Service Provider for any damages incurred due to SPS Content.
Your Yachtingverse Account and your Yachtingverse Account profile page will be created based on personal information you have provided in connection with your use of the Site or obtained from SPS as described above. The Service Provider decides and may expand the scope of this information and the information contained on the Yachtingverse Account profile page. A person who does not wish to provide this information cannot make any reservations, post advertisements, rent or purchase other services through the Site. Unless the Service Provider allows, you cannot have more than two (2) active Yachtingverse Accounts, one for Yachtingverse Accounts for Boat Owners and the other for Renters. You agree to provide accurate, current and complete information during membership and to update this information to be accurate, current and complete.
Service Provider reserves the right to suspend or terminate your Yachtingverse Accounts if (i) you create more than two (2) Yachtingverse Accounts, or (ii) any information provided during registration or later proves to be false, fraudulent, outdated or incomplete. amount. For detailed information, please review Section 14 of this Agreement.
It is your responsibility to keep your password secure. You will not disclose your password to any third party and you have full responsibility for and related to all transactions, behaviors, acts, activities or actions carried out with your Yachtingverse Account (regardless of your consent for these transactions, behaviors, acts, activities and actions). You agree to immediately notify the Service Provider of any unauthorized use of your Yachtingverse Account. Each Member declares and undertakes to the Service Provider that if the Service Provider suffers any damage due to any transaction, behavior, act, activity or action carried out with the Yachtingverse Account, you will immediately compensate such damage. The performance of the relevant transaction, behavior, act, activity or action by a third party will not eliminate the Member's liability for compensation in question.
The Boat Owner is responsible for the transactions, behaviors, acts, activities or actions taken by himself, his employees, partners, Authorized Persons or other third parties or institutions regarding the Services and/or other matters through the Yachtingverse Account and the Registered E-mail on the Website. -Notifications made to the e-mail Address and notifications made directly through the Website are deemed to have been made to the Boat Owner. The Boat Owner is responsible for the Registered E-mail Address registered in the name of the Boat Owner on the Website and all communication made through the Registered E-mail Address is binding on the Boat Owner.
For the purposes of this clause 3, Registered Email Address means (i) the email address identified as belonging to the Boat Owner in the Yachtingverse Account used when creating an Advertising for any Boat, and in addition – if applicable – (ii) the Boat Other e-mail addresses provided to the Service Provider by the Owner or Authorized Person or other persons listed above, and (iii) other e-mail addresses of the Boat Owner or Authorized Persons or other persons listed above when communicating with the Service Provider. refers to the other e-mail addresses used; All of these e-mail addresses listed here will be considered the Registered E-mail Address on the Website and the Registered E-mail Address on behalf of the Boat Owner.
Authorized Person(s) for the purposes of this clause 3 are the person(s) who create the Advertisement in relation to any Boat and/or transmit the information about the Boat to the Service Provider and/or contact the Service Provider for the creation of the Advertisement. . All statements, commitments and other business transactions of this person regarding the Boat and/or Listing and/or Services are binding on the Boat Owner. The Service Provider is not obliged to examine or investigate the authority of any person falling within the scope of this definition to represent the Boat Owner. The Boat Owner declares and undertakes in advance and irrevocably to the Service Provider and Tenants with this Agreement that all declarations, commitments and other works and transactions of an Authorized Person within this scope are binding on him.
4. ADVERT
Creating an Ad
You can create an Ad as a Member with Boat Owner status. Members who create an advertisement will be given an advertisement and will receive a description of the Boat (belonging to the Boat Owner or authorized for use by the Boat Owner), photographs, location, size, features, crew, ownership documents, availability of the Boat, price, cancellation policy. must provide various information, including relevant rules and monetary terms. Before an Advertisement is published, the Service Provider must approve this Advertisement at its own discretion. Advertisements that the Service Provider does not approve will not be published on the Site.
As the Boat Owner, you acknowledge and agree that you are responsible for all Advertisements you publish and the accuracy of all contents of such Advertisements. Accordingly, you agree that any Advertising you post and the Booking of the Boat or its use by a Renter as a result of an Advertising will (i) not violate any agreement you have entered into with any third party, (ii) (a) comply with all laws, taxes, (b) complies with its obligations and rules and regulations applicable to any Boat included in an Listing you post, including insurance requirements, coast guard regulations, zoning rules, marina regulations and laws relating to the rental and operation of Boats, (b) You represent and warrant to the Service Provider that it will not conflict with or violate the rights of the parties. Service Provider is not responsible for a Boat Owner's compliance with any applicable laws, rules and regulations. Service Provider reserves the right to remove or block access to any Listing at its sole discretion at any time and without prior notice.
When creating an Listing for a Boat, the Member shall provide the Service Provider with documentation proving that the Member owns or has the right to rent the Boat and all insurance, licenses, permits and other documents required by any applicable law regarding the rental of the Boat.
The Boat Owner undertakes, declares and undertakes the following to the Service Provider and Tenants:
The Boat Owner is the legal and right-to-use owner of the Boat and Advertisement and/or is legally authorized to use, rent and submit the Advertisement and/or has acquired an unconditional right to use and rent the Boat and create the Advertisement. has done.
The Boat Owner has obtained all licenses, permits, insurance and any other requirements necessary to enable the rental of the Boat and that such licenses, permits and insurances shall remain in force during the use of the Services, while these Terms & Conditions are in force and also during the Rental Term. will continue.
Any pictures, photographs, drawings, icons, logos, graphics, images regarding the Boat uploaded to the Site by the Boat Owner, and all information provided by the Tenant on the Site regarding the rental are true and accurate.
The Boat Owner has concrete knowledge and expertise regarding the services he provides to the Tenant and will comply with the highest quality standard in performing his services.
The Boat Owner has one or more insurance policies issued by a reputable insurance company to cover any liability that may arise (i) during the Services, (ii) during the Rental Term and (iii) while this Agreement is in force.
The Boat Owner will not cause the Advertisement to cause a violation of any law or regulation that has or could reasonably be expected to have an adverse effect on the Site or the business of the Service Provider.
(i) there are no claims, (ii) no proceedings or investigations are or are being brought against it or any of its affiliates or related parties that have or would reasonably be expected to have an adverse effect on the Services or the services provided during the Rental Term. (iii) there is no lawsuit or enforcement proceeding.
The Boat Owner shall exercise reasonable care and skill in providing its services to Tenants.
The Boat Owner is responsible for the accuracy and completeness of all information contained in the Ad details. Advertisement details can also be edited by the Service Provider upon the request of the Boat Owner. As a result of these arrangements, it is the Boat Owner's responsibility to check the accuracy and completeness of the final status of the Advertisement. The Service Provider provides access to the Yachtingverse Account on the Website, where the Boat Owner can edit all Listing details, take the necessary actions regarding the Services and is specially prepared for Boat Owners. It is the Boat Owner's responsibility to log into the relevant Yachtingverse Account. When a Reservation Request for the Advertisement is received and/or the Reservation is made, the Boat Owner checks the Advertisement and Reservation details. If the information contained in an Advertisement may mislead the Tenants, the Boat Owner is obliged to enter the necessary details in the relevant description section and/or other relevant sections in the Advertisement. For example, if one or more of the toilets and bathrooms on the Boat will be available for the use of the crew, it is the Boat Owner's responsibility to specify the relevant details in the Advertisement. As a prudent trader, the Boat Owner provides all necessary information in the Ad details.
This Agreement contains regulations in favor of third parties, and the relevant Tenants may also request from the Boat Owner the performance of all obligations undertaken by the Boat Owner against a Tenant or Tenants in accordance with any article of this Agreement.
Ad Content
As the Boat Owner, you acknowledge and agree that you are solely responsible for all your Boats and Advertisements on the Site and the entire content of your Advertisements. You acknowledge and agree that Postings will be made publicly available through the Services. Other Members will be able to reserve your Boat through the Services based on the information provided in your Listing.
As the Boat Owner, you accept, declare and undertake that you have granted the Service Provider an irrevocable permission and right to use the Member Content regarding your Advertisements and Boats published on the Website. This permission and right of use includes the use of this Content and all other information provided by Members for the promotion of the Service Provider's business, including, but not limited to, social networking sites, newsletters and any other form of advertising and commercial purposes, if the Service Provider deems it appropriate. cannot be limited.
The Boat Owner acknowledges that the Service Provider may review all uploads made by the Boat Owner to the Site and that the Service Provider (i) discloses the identity of the Boat Owner, such as name and surname, company name, Boat name, links to other sites, telephone numbers. all information and other Member Content that it believes and (ii) any information and other Member Content made by the Boat Owner that it considers/predicts to be illegal and (iii) the Service Provider's Terms & Conditions or applicable laws. It accepts and declares that it may remove or refuse to publish or stop publishing any content it wishes, including uploads and other Member Content that it believes violate the legislation.
If the Boat Owner and/or the relevant Listing fail to comply with the Service Provider's Terms & Conditions or any applicable law or regulation, the Service Provider may suspend or cease providing its Services to the Boat Owner.
Each Boat Owner accepts in advance that the Service Provider does not promise any success, profit or income. In this context, the Service Provider does not make any representation or commitment to any Boat Owner that he will enter into rental relations or find customers / tenants or earn money or generate income if he places an Ad on the Site.
Ad Search
Within the Site, Members have the opportunity to search and view suitable Listings containing information about the Boat, including descriptions, photographs and prices, and to request a Reservation. The information disclosed by the Service Provider in providing the Services is based on the information provided to the Service Provider by each Boat Owner. It is important for Tenants to check the information uploaded to the Site. The Service Provider has no responsibility for the accuracy and truthfulness of the information uploaded to the Site regarding the Boat or any Advertisement. In this context, all responsibility for any Advertisement belongs to the Boat Owner who created the relevant Advertisement, and the Service Provider does not make any representation or commitment to the Members as to whether any statement or information contained in the Advertisements is true or real.
Granting Availability, Special Offer and Option
Boat Owners can adjust the availability and prices of their boats, publish their terms and conditions, manage upcoming reservations, communicate with Members of the Site, receive Reservation Requests, send revised prices and other conditions by making a Special Offer, give Options to receive payment, provide services. is free to receive comments in return and many other matters, subject to these Terms and Conditions (i.e. to the extent permitted by these Terms & Conditions).
When submitting a Booking Request, a Member may request a Special Offer regarding dates, prices and other conditions from the Boat Owner. The two parties may discuss customized terms using the Site's messaging feature. A Member who wants to contact a specific Boat Owner must enter the dates of the planned Rental Period in the request window opened on the Boat page. If the Member wishes, he can also send his first message to the Boat Owner on the same page. A Member can send a message to a Boat Owner for only one Ad. The Boat Owner is free to submit a Special Offer, grant availability in relation to such requests, grant an Option for payment or reject the requests based on the agreed terms.
Messages sent between a Member and the Boat Owner do not include (i) telephone number, (ii) boat name, (iii) any contact information including address and e-mail address, (iv) name, surname or any other information that does not appear on the Site. Writing any personal information, including other names, is strictly prohibited. The Service Provider has the right to view all message flows. If the Service Provider detects any type of personal information shared between the parties, it has the right to suspend, terminate or disable the Yachtingverse Account as described in Section - 14 of this Agreement.
Boat Owners have full responsibility for keeping the price, availability and other information displayed on the Site up to date. The Service Provider is solely responsible for supporting communication between the Boat Owner and the Renter. The Service Provider cannot be held responsible for the failure to perform or complete and proper performance of the issues and services agreed between the Boat Owner and the Tenant. Each Boat Owner is at all times responsible to the Service Provider and Members for the accuracy, completeness and authenticity of all information (including prices and availability) displayed in the Advertisement created and/or published on the Site. The Site is not, and will not be considered, a recommendation or endorsement of the quality, service level or rating of any Boat Owner. The sole obligation of the Service Provider is to act as an intermediary in bringing together the relevant Members in the status of Tenant and Boat Owner for the purpose of renting the Boat specified in the Advertisement. If any Tenant and the Boat Owner agree to reserve the Boat in the Advertisement created by the Boat Owner, a distance sales contract (“MSS”) is deemed to have been established between the parties within the framework of these Terms & Conditions. The MSS in question will be established between the relevant Tenant and the relevant Boat Owner, and the Service Provider will not be a party to the MSS in question.
For the avoidance of doubt, if a dispute arises between any Boat Owner and any Tenant in relation to the MSS and/or this Agreement, the Service Provider shall not be a party to such dispute and shall not be obliged to assert or defend any rights of the Tenant.
Without implying any liability for the Service Provider, if the Service Provider deems it appropriate – at its sole free discretion – it will indemnify the Tenant for all damages (arising from the Boat Owner's violation of the MSS and/or this Agreement) and hold these damages to the Boat. He can recourse to his Owner. The Boat Owner approves and gives permission in advance for the Service Provider to compensate the Tenant for the damages suffered in this way and to subsequently recourse these damages to himself (the Boat Owner).
5. RESERVATION
Reservation
Through the Site, a Tenant may submit a Booking Request for a specific Listing posted on the Site. As soon as the Tenant makes a Reservation Request, the Service Provider notifies the Boat Owner via e-mail, text message or notification or via the Site (by one or more of these methods, at its discretion).
If you are a Boat Owner and have received a Booking Request through the Services, you must confirm or reject such Booking Request no later than twenty-four (24) hours from the time the request is made, otherwise the Booking Request may be automatically canceled. If the time between the start of the Check-in Date and the time the Booking Request is made is less than twenty-four (24) hours, the Boat Owner must approve or reject the Booking Request by the start of the Check-in Date (00:00).
If you are unable to confirm or are uncertain about rejecting a Boat Booking Request within the twenty-four (24) hour period, the amount collected by the Service Provider for the requested Booking may be refunded to the relevant Tenant and, if any, credit The provision on the card may be removed (these possibilities are explained in detail in Section - 6 of the Agreement).
The reservation is completed when the Boat Owner approves the Reservation Request and the MSS is established between the Tenant and the Boat Owner (since the Tenant's offer is also the approval of the Boat Owner). obligations are reserved.). Approval of the Reservation Request legally constitutes acceptance of the offer submitted by the Tenant. When you confirm a Booking Request, the Service Provider will notify you and the Tenant via email, text message or notification or on the Site.
The Boat Owner may grant the Member an Option prior to payment, regardless of whether the Member requests it or not. In this special case, no further Reservation Confirmation is required and MSS is established between the Boat Owner and the Tenant upon payment. The Boat Owner determines how long the Option will be valid.
If the Boat Owner and Tenant wish, they can re-approve the MSS in writing (if the contract is required to be signed in accordance with the legislation, the Boat Owner is obliged to ensure that the MSS is signed).
The Boat Owner may request the Tenant to sign his own rental agreement for any reason, including, but not limited to, upon request by insurance companies or as per company policy. The Tenant is obliged to sign the contract sent to him by the Boat Owner.
The Boat Owner is responsible for the accuracy of the information contained in the Advertisement that is the subject of the reservation. If there is a disagreement between the Tenant and the Boat Owner regarding the Advertising and/or Reservation details, excluding those regarding the information sent by e-mail by the Service Provider and contained in the MSS (i.e., excluding the Basic Advertising Details explained below), The Tenant and/or Boat Owner are responsible for proving their own claims.
The commitment given by the Boat Owner to a Renter who has made a reservation regarding the Boat is limited to the Basic Listing Details. In this context, “Basic Listing Details” shall in any case be included in all e-mails and/or MSS sent by the Service Provider to the Boat Owner and/or Tenant before and after the Reservation Request, completion of the Reservation and payment. It includes information about the Advertisement, Boat and Reservation and all Boat images.
The Service Provider is not a party to MSS or any contract to be signed between the Boat Owner and the Tenant and is not bound by the terms and conditions of these contracts. The Service Provider acts solely as an intermediary between the Tenant and the Boat Owner for the establishment of the MSS. Unless otherwise stated in this Agreement, if any provision contained in this Agreement conflicts with any provision of other agreements, including agreements that may be signed between the Tenant and the Boat Owner, the provision contained in this Agreement shall prevail.
When you, as a Member with Renter status, make a Reservation with a particular Boat Owner on the Site, you will be required to reference the Reservation Confirmation and the Reservation Confirmation and the relevant Boat Owner and the reservation terms and conditions, including payment, cancellation and other conditions specific to this Reservation, will be yours. You accept, declare and undertake that you will be bound by this Agreement.
As the Boat Owner, you acknowledge and agree that you are responsible for your actions and omissions. As the Boat Owner, you accept that past customer experiences, customer evaluations and other information about you may be published by the Service Provider on the Site or in other media.
6. SERVICE FEES AND PAYMENTS
Full Reservation Fee
When the Renter decides to reserve a Boat Owner's Boat through the Site, the Renter acknowledges and agrees to pay the Full Booking Fee shown in the Boat Owner's relevant Listing on the Site.
It is the Boat Owner's responsibility to decide the Full Booking Price for each Advertisement and to ensure that the Full Booking Price is published in the Advertisement (or in relation to the Advertisement) in accordance with applicable consumer legislation in Turkey. When a Renter requests a Reservation for the Boat Owner's Boat, the Boat Owner shall inform the Service Provider and the Tenants in advance that the Boat Owner may not make any upward change in the Full Reservation Fee and its components previously determined for such Reservation. , accepts, declares and undertakes. The only exception to this situation is Reservations made below the minimum rental period. In this special case, the daily Reservation Fee may be increased so that the Reservation Fee does not exceed the minimum rental period Reservation Fee.
In order to submit a Reservation Request, the Tenant must enter payment information. Payment can be made by credit card, debit card or any other payment method accepted by the Service Provider. If payment is made by credit card, an authorization may be placed on this card (up to the entire rental fee) or credit card information may be stored before the Reservation Request is completed. The amount equal to the Prepayment can be directly withdrawn or blocked at the time of the Booking Request. If credit card information is stored but payment is not received or an authorization is placed, Prepayment will be taken in the Reservation Confirmation. If payment is made by debit card or any other payment method, Prepayment will be collected at the time of Reservation Request. In any case, if the Advance Payment cannot be received, the Service Provider reserves the right to act as if the Reservation has not been completed, and also to cancel the Reservation at any time without incurring any compensation liability (to itself or to the Boat Owner).
The Boat Owner has two options regarding the timing of the Remaining Payment: The Remaining Payment may be collected through the Site by the Limitation Date or directly by the Boat Owner at the Login (in case the Remaining Payment must be collected through the Site by the Limitation Date If the remaining payment is not paid on time, the Boat Owner may cancel the Reservation; in this case, any payment made by the Tenant for the Reservation (Prepayment and other payments, if any) will not be refunded to the Tenant, and the Tenant will not be refunded to the Service Provider or Boat Owner. (including, without limitation, any rights set forth in this Agreement/Terms).
If the Limitation Date is entered or exceeded at the time the Reservation Request is submitted and the Boat Owner chooses to collect the remaining payment until the Limitation Date, the entire Reservation Fee will be collected during the payment process specified above (if Preliminary If the payment cannot be received during the transmission of the Reservation Request, the Reservation Request will not be transmitted or accepted by the system, and if it is transmitted or accepted, it will be canceled later). If the period between the time the Booking Request is submitted and the Check-in Date is more than twenty-four (24) hours, the Boat Owner will be given twenty-four (24) hours to confirm or reject the Booking. If the said period is less than twenty-four (24) hours, the Boat Owner is given until the Check-in Date (00:00) to approve or reject the Booking Request. If the Boat Owner does not take any action until this time expires, the Reservation Request will be automatically canceled.
If a Reservation Request is rejected, expires or is cancelled, the authorization placed on the Tenant's credit card, if any, will be removed or the amount collected will be refunded to the Tenant.
In accordance with these Terms & Conditions, the performance of the services provided by the Boat Owner to the Renter will not commence until the Full Booking Fee has been collected.
Best Price Guarantee
The Boat Owner declares and undertakes to the Service Provider and Tenants that each Reservation Fee and Extra Service Fee applied through the Site will be the best price available in the market for the relevant Boat and Extra Service.
In this context, any Boat or Extra Service offered by the Boat Owner through the Site, on any other website or platform or by any third party (or the Boat Owner personally) – in any case – “specified on the Site” It may be offered for sale at a price not lower than the amount obtained after deducting the Service Fee from the relevant fee (for the Boat or Extra Service).
Free Cancellation Period
Following receipt of the Booking Confirmation, the Tenant is given a Free Cancellation Period to re-evaluate the Booking.
The Free Cancellation Period begins upon receipt of the Reservation Confirmation and lasts a maximum of three (3) days. If there are less than three (3) days between the Limitation Date and the date on which the Booking Confirmation is received, the Free Cancellation Period ends on the Limitation Date.
If, during the Free Cancellation Period, the Tenant wishes to withdraw the confirmed Booking, he or she may do so without paying any fee. If the Tenant withdraws the confirmed Reservation within the Free Cancellation Period, the Tenant's payment method at the time of the Reservation Request is:
If a credit card is selected, the amount equal to the Prepayment will be refunded to the Tenant. If a blockage is made instead of a withdrawal, the blockage in an amount equal to the Prepayment will be removed from the Tenant's credit account.
If other methods are chosen, the amount equal to the Prepayment collected will be refunded to the Tenant.
If the Tenant does not take any action regarding the Reservation (including, without limitation, withdrawal of the Reservation) until the Free Cancellation Period expires:
The Tenant's right to free cancellation is irrevocably terminated.
The Boat Owner becomes obliged to provide the services mentioned in the Reservation Confirmation.
From now on, the Booking can only be canceled if permitted under the Cancellation and Change Conditions.
Service Fee
If the Boat Owner completes the Reservation process with a Tenant using the Site and Services (in other words, if the Booking Confirmation sent by the Tenant is given by the Boat Owner or if the Option is sent, if the Tenant makes the payment or if the MSS is established in any other way). All Tenants and Boat Owners accept and declare in advance that the Service Provider will be entitled to the Service Fee and will collect the Service Fee in return for the use of the Site and Services. It is accepted in advance by all Tenants and Boat Owners that the Reservation Fee shown on the Site includes the Service Fee, and the Reservation Fee will be evaluated as including the Service Fee.
The Service Fee is equal to 20% of the Reservation Fee incurred in the Reservation received for each Boat published on the Site (unless otherwise specified by the Service Provider on the Site). The Service Fee is cleared and/or offset from payments made to the Boat Owner. The Service Provider retrieves/obtains data such as price, availability information and boat details regarding the Boat Owner (such as, without limitation, MMK, Nausys, Sedna, etc.) from 3rd party applications/websites and/or these 3rd parties If the commission rate determined / accepted by the Boat Owner in the applications / websites is lower than the commission rate of the Service Provider, the Boat Owner will revise the commission rate in the 3rd party applications / websites specifically for the Service Provider and the commission specified by the Service Provider. will ensure that the ratio is equal.
The Boat Owner and Tenant acknowledge and agree that, after the end of the Free Cancellation Period, the Service Fee is non-refundable in all circumstances other than those described in this Agreement. Therefore, after the Free Cancellation Period has expired, even if the Renter cannot use the Boat for the entire Rental period in accordance with the Booking, the Service Fee will be paid in full to the Service Provider, and if paid, no part of the Service Fee will be refunded.
Payments
All payments received from Tenants by the Service Provider for Reservations made through the Site will be held by ÖHS, subject to the obligation to forward the remaining amount after deducting the Service Fee from the collected amount to the Boat Owner. The remaining amount after deducting the Service Fee from the amounts collected by the Service Provider (may be up to the Prepayment or Reservation Fee, depending on the situation) will be paid by ÖHS at the latest 5 business days after the Check-Out Date, Cancellation and Subject to the Change Conditions, it will be communicated to the Boat Owner.
The Service Provider shall (i) forward the payments made by the Tenant in relation to the Reservation to the Boat Owner before the Boat Owner starts to provide the services subject to the Reservation to the Tenant, or (ii) if it deems it necessary, at its sole discretion. In this case, the Boat Owner may request the Boat Owner to sign the Transfer Agreement, which is accepted as an annex to this Agreement, and send the original to him by mail and the image of the original via e-mail or message.
The Boat Owner must have the Tenant sign the Boat Delivery Report on the Entry Date. A copy or a readable image of the Boat Delivery Report is immediately sent to the Service Provider by message or e-mail by the Boat Owner, and the original copy is sent to the Service Provider by mail within 5 (five) days from the Departure Date at the latest. is delivered. The Tenant cannot transfer the rights obtained pursuant to the Reservation to a third party, cannot rent the Boat to a third party / enter into a sublease relationship regarding the Boat. For this reason, the Tenant must personally sign the Boat Delivery Report, as well as use and return the Boat personally.
If you, as a Renter, cancel a Reservation, the refund rates in the Cancellation and Change Conditions described in Section - 7 of this Agreement will apply. Please note that depending on the situation, no refunds may be provided. In this context, Renters are obliged to check all terms of the relevant Booking (including, but not limited to, Cancellation and Change Conditions) before each Booking Request. Furthermore, once the Free Cancellation Period has expired, except for exceptional cases described in this Agreement, the Service Fee will not be refunded and the Service Provider will pay the Tenant less the Service Fee from the payments made (unless the Service Provider decides otherwise in its sole and free discretion). An obligation to refund will only exist if such an obligation is expressly provided for in the Cancellation and Change Conditions. In any event, the Service Provider is not responsible for the refund of any part of the Full Booking Price collected by the Boat Owner (or collected by the Service Provider and transferred to the Service Provider). If any part of the price in question is to be refunded in accordance with this Agreement or the MSS, only the Boat Owner will be responsible for such refund, and the Service Provider will not have any liability for the refund of the relevant amount.
On the Entry Date, the Boat is delivered to the Tenant by the Boat Owner. As of this date, the Boat Owner must issue an invoice for the amount corresponding to the Full Reservation Fee and send it to the Tenant within 7 days. In cases where the Boat Owner is entitled to receive payment under the terms of this Agreement, but the agreed services are not provided to the Tenant by the Boat Owner and the Service Provider cannot submit the relevant invoice to the PSP and the card issuing bank upon request, the Service Provider faces the risk of chargeback. is faced with. To avoid this risk, in the following cases, the Boat Owner must send an image of the invoice for payments made to him by the Renter in respect of the Booking immediately by email or message and a copy by post within three (3) days to the Service Provider: (i) Booking In case of cancellation by the Tenant or if the Tenant does not receive the service on the Entry Date, (ii) the Tenant has any complaint, request, claim regarding the Boat, the Boat Owner or the service relationship, sends any notice, or initiates enforcement proceedings. or in case of litigation. If the Boat Owner does not forward the copy of the invoice to the Service Provider in the above-mentioned cases, the Boat Owner's right to receive any payment under the terms of this Agreement will terminate and the payments made to him by the Tenant will be transferred to the Service Provider at the first request in order to meet a possible chargeback request. returns for.
If the Service Provider offers a promotional campaign, the discount or any other benefit provided to the Tenants will be shared by the Service Provider and the Boat Owner, with the amount and percentage remaining at the Service Provider's discretion. In this context, for example, if the Service Provider decides to make a 10% (ten percent) discount on all rental prices in a certain period, how much of this 10% (ten percent) discount will be covered by the Service Fee and how much The Service Provider decides whether the remaining portion will be covered from the Reservation Fee. In this context, the Service Provider may also decide that no part of the discount will be covered by the Service Fee. In any case, the Boat Owner reserves the right not to accept any Reservation Request.
The Boat Owner shall indemnify and hold harmless the Service Provider and its employees, agents, representatives and affiliates for any action or default by the Boat Owner or its employees or agents or breach of any of these Terms & Conditions or the MSS. It undertakes to indemnify against all actions, demands, costs and expenses, including legal expenses, regarding any loss, damage or liability (criminal or civil) incurred by .
Authorization for Payment
The Boat Owner agrees in advance to appoint the Service Provider as its authorized representative acting by proxy, regarding the collection and return transactions subject to the Transfer Agreement and limited to these transactions only. Any action taken by the Service Provider and/or persons authorized by the Service Provider will be deemed to have been carried out on behalf of the Boat Owner.
The Boat Owner makes payment to the Service Provider by the third party company or companies (i.e. Payment Service Provider or PSP) with which the Service Provider has agreed to mediate the fund flow related to the goods, products and services, and/or the Service Provider makes the relevant collection directly. 's obligation to pay the Service Fee ends.
In this context, in case of use of third party PSPs, the third party PSPs make payment to the Service Provider and upon determination of the relevant funds being transferred to the Service Provider in the records of the third party PSPs, the third party PSPs are relieved of the relevant payment obligation. and the Boat Owner agrees in advance that he will not make any demands and/or claim rights in this regard from third party PSPs.
Currency
The following terms in this Agreement regarding currency have the following definitions:
“Booking Currency” means the currency in which the Renter must pay for a Booking. As soon as the Tenant sends a Reservation Request, the Service Provider selects the Reservation Currency according to the operating logic of the Website and the infrastructure of the ÖHS. The Service Provider only supports a certain number of currencies as the Booking Currency. For a Booking, the Booking Currency and the Listing Currency may be different.
"Base Currency" means the currency selected by the Boat Owner when listing a Boat. The Service Provider offers a certain number of currencies as Base Currency according to the dynamics of the market and the location of the Boat. If the Listing Currency and the Booking Currency and the Base Currency are different, the Booking Fee will be converted to others at the current exchange rate (the Service Provider determines which exchange rate will be taken at its own discretion). The Fee for Extra Services is always paid in Base Currency. If the Prepayment and the Remaining Payment are received at different times, the Remaining Payment is calculated and/or kept as the Base Currency, and in cases where payment is not made by hand, it is converted to the Booking Currency at the current exchange rate at the time of payment. In cases where payment is made by hand, payment is made in the Base Currency. However, if the Boat Owner agrees, cash payment can be made in another currency, in which case the rate agreed upon by the Tenant and the Boat Owner will be applied (if there is a dispute as to which rate is agreed upon, the rate determined by the Service Provider at its free discretion will be applied to both the Tenant and the Boat Owner). It will be binding for the Boat Owner). The Boat Owner is responsible for ensuring that receiving payment in the Base Currency he chooses complies with the laws of the country in which he operates. The Service Provider rejects all consequences arising from the Boat Owner's choice of Base Currency to the fullest extent permitted by law.
"Advertising Currency" is the currency in which the Reservation Fees of the Boats selected by the Tenant among the alternatives offered to him and listed in the search panel are displayed. The Reservation Fee determined by the Boat Owner in Base Currency is converted to the Advertising Currency at the current exchange rate in the search panel and on the Advertising page.
"Euro" refers to the official currency of the European Union. Within the scope of this Agreement, the Service Provider will determine, at its own discretion, which exchange rate will be used in determining the TL equivalent of the Euro.
Any and all payments are made in the Booking Currency. If the Base Currency in which the Boat's Booking Fee is held on the Site is different from the Booking Currency, the Base Currency will be converted to the Booking Currency at the time of payment.
Members may select the Service Provider's Booking Currency and Base Currency options either (i) generally for any Listing, or (ii) specifically based on the characteristics of the Boat Owner and Renter posting/viewing the Listing. and (iii) accepts in advance that it may limit it at its own free discretion. The Boat Owner is responsible for ensuring that the Base Currency he chooses complies with the legislation of the country in which he is located, and if the Base Currency he chooses for any Boat is contrary to the legislation of the relevant country, he will deal with all processes that may arise from this contradiction, and will hold the Service Provider harmless from any damages that may arise. and will compensate all damages suffered by both the Tenant and the Service Provider.
All payments and refunds to be made by the Service Provider will be based on the Reservation Currency equivalent of the payment received on the Reservation date or the Reservation Request dat
