TERMS OF USE AGREEMENT THIS IS A LEGAL AGREEMENT. BY ACCESSING THE www.adayachtsailing.com WEBSITE OR USING ANY SERVICES PROVIDED THEREIN, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING THESE TERMS. THE SERVICES WE OFFER ON OUR SITE, THE ADVERTISEMENTS WE CREATE AND ARE THE VEHICLE FOR BOAT OWNERS' BOATS, ARE AN ONLINE PLATFORM WHERE TENANTS GET INFORMATION ABOUT BOATS AND MAKE RESERVATIONS THROUGH US. YOU UNDERSTAND AND AGREE THAT THE SERVICE PROVIDER IS NOT A PARTY TO ANY CONTRACT BETWEEN BOAT OWNERS AND TENANTS AND THAT THE SERVICE PROVIDER IS A CHARTER COMPANY, BOAT RENTAL AGENT. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE PROVIDER HAS NO CONTROL OVER THE CONDITION AND MOVEMENTS OF THE BOAT OWNERS, TENANTS AND ANY USER OF THIS SITE OR THE SERVICES AND BOATS, AND IS NOT UNDER ANY LIABILITY IN THIS REGARD. 1. DEFINITIONS The following words and phrases in this Agreement have the following definitions: "Prepayment" means the payment made by the Renter to the Service Provider at the time of Booking. Prepayment is a certain proportion of the Booking Fee and varies from Boat to Boat (determination of this rate is entirely at the discretion of the Service Provider or, for some Boats, the person designated by it). "Remaining Payment" means the payment of the difference between the Total Boat Price and the Prepayment due by the Renter to the Boat Owner at the Entrance. "Agreement" means this Terms of Use Agreement, which is accessed at www.adayachtsailing.com and which the Service Provider may amend from time to time at its sole discretion and unilaterally. The Service Provider reserves the right to unilaterally change the address of the website where the Agreement is located.
"Boat" means vessels owned by the Boat Owner and such as
sailboats, motor yachts, catamarans or gulets that are eligible for publication
on the Site to be reserved by our Company. "Boat Owner" means the
person or persons who are 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 an exclusive and unconditional right to use a Boat. The person or
persons who own the boat; Persons who have given the Adayachtsailing company
the right to publish, market and broker their boats for the purpose of making a
reservation by a Renter through www.adayachtsailing.com or social media sites.
"Booking" means a booking made by a Renter for a Boat,
Adayachtsailing Experience or Listing submitted by a particular Boat Owner and
posted on the Site. "Booking Confirmation" means the official
acceptance of a Booking made by a Renter with the consent given to us by a Boat
Owner. "Booking Request" means the request made by the Renter for a
Booking prior to such Booking. "Business Day" or days refers to the
days on which Turkish banks are open. "Cancellation and Modification
Conditions" means the cancellation and modification rules of this contract
as described in the contract example of our company. "Entry" means
the moment when the Boat Owner delivers the Boat to the Renter in relation to a
Booking Request contracted and approved by us. "Check-out" means the
moment when the Boat is delivered by the Renter to the Boat Owner at the end of
the agreed period in relation to a confirmed Booking Request.
"Check-in Date" means the day on which the Boat is delivered to
the Renter by the Boat Owner in relation to a confirmed Booking Request.
"Departure Date" means the day on which the Boat is delivered by the
Renter to the Boat Owner at the end of the agreed period in relation to a
Confirmed Booking Request. "Booking Fee" refers to the price agreed
between the Boat Owner and the Renter for the services included in the price
specified by the Boat Owner in our Advertisement. The Service Provider
determines the Service Fee that it reflects to the Boat Owner based on this
amount. Some Boat Owners may also include some extra service fees such as fuel
cost, cleaning fee, transit log, skipper and crew fees. "Price for Extra
Services" means the sum of the fees for mandatory and/or optional extra
services such as fuel cost, cleaning fee, transitlog, captain and crew fees,
etc., which are not included in the Booking Fee and must be paid by the Renter
directly to the Boat Owner at Check-In. An "Advertisement" is a
listing of a particular Boat that is permitted to be shared by a Boat Owner due
to its availability for reservation on our Site and which is subject to the
Service Provider's approval before it is published on the Site, including crew
details, services provided, technical and other characteristics of the Boat,
fuel and meal costs and any other expenses included or excluded from the Full
Booking Fee, and is subject to the Service Provider's approval before it is
published on our Site. refers to listings
of Adayachtsailing Experiences. "Option" means the period of time
given by the Boat Owner to make payments to the Renter in relation to a
particular Booking Request. During this period, the Boat Owner reserves the
Boat for the Renter and cannot option or rent it to anyone else. The
adayachtsailing company agrees as an intermediary during this period.
"Service Provider" is a trade name registered at karlıktepe mahallesi
blokevleri sokak no:4 B blok d:59 kartal / İstanbul Türkiye and established in
Turkey, with the activity code : 503009 (rental of passenger transport ships
and boats in inland waters with their crews); It operates under the name of ADA
YACHT SAILING.
"Services" means all services provided by the Service Provider,
including the online platform and social media sites that are accessible from
the defined Site, which unite Boat Owners with Boats for rent and Renters who
intend to rent them. "Service Fee" means the amount equal to 20% of
the Full Booking Fee (unless unilaterally discounted by the Service Provider)
that is obligated by the Boat Owner to pay to the Service Provider for the
provision of the Services together with the Booking Confirmation following the
Booking of a Boat or Experience through the Site. The Service Provider is entitled
to reduce the said rate of 20% (or the relevant rate if a separate rate has
been agreed between the Service Provider and the Boat Owner) for promotion or
any other purpose or to increase it at its own discretion. "Terms &
Conditions" or "Terms" means all 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" means the Service Provider. VAT refers to value-added tax. "Adayachtsailing"
means Adayachtsailing, a registered and patented trademark. Article 1:
Adayachtsailing provides a platform that connects Boat Owners who have the
right to operate or leased Boats and/or provide Experiences through different
channels, including the Site and any other sites through which it makes the
Services accessible, and Renters who intend to rent and/or purchase such Boats.
From time to time, the Service Provider may change these Terms and Conditions
at its sole discretion and unilaterally without prior notice to you In
addition, 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 posted on the Site from time to time. If you do not agree to 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. Article 2:
The Service Provider does not act or act as an organizer, agent or service
provider for any boat (including without limitation – including – the Boats
defined herein) crew supply and/or other Announcements and services. The
Service Provider is responsible for the area of renting and brokering that boat
with the knowledge and approval of the boat owner. It does not work 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 deciding their own tax filing requirements in consultation with their tax
advisors. The Service Provider cannot be held responsible for any undeclared
tax liability of a Renter or Boat Owner. If the Service Provider is held
responsible for any tax liability of the Boat Owner, the Boat Owner shall
immediately compensate all losses suffered by the Service Provider due to this.
Article 3: Members who have not completed the age of eighteen (18) will not be
accepted as Renters or Boat Owners. In order to become a Renter or Boat Owner,
the Member declares, undertakes and warrants to the Service Provider that
he/she is over eighteen (18) years of age and that all personal information
provided by he/she is correct. The Renter declares, undertakes and warrants to
the Service Provider that he/she has the legal capacity to enter into an
agreement with a Boat Owner, on behalf of any agent or representative acting on
or on its behalf. Article 4: If a Renter requests a Booking 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
Renter and the Service Provider is not a party to such legal relationship and
agreement and is not bound by the terms of such legal relationship or
agreement. Article 5: The Service Provider has no control over the conduct of
Renters, Boat Owners and other users of the Site or Services, or any Boat,
Experience or Listing, and disclaims all liability in this respect to the
fullest extent permitted by law. In other words, both the Renters and the Boat
Owners accept, declare and undertake in advance that the Service Provider is
not responsible for the behavior of the Renters, the behavior of the Boat
Owners, the behavior of other people using the Site or the Services, the
contents of the Advertisements and all kinds of explanations, pictures and
written content contained in the Announcement (For the avoidance of doubt, the
expression "behavior" is all kinds of statements, including explanation and statement). In this
context, each Renter, Boat Owner, and other users of the Site or Services shall
immediately compensate the Service Provider for any damage caused by its own
conduct. Article 6: The Boat Owner has obtained all licenses, permits,
insurances and any other requirements required for the rental of the Boat
and/or the provision of the Experience and such licenses, permits and
insurances will remain in force during the use of the Services, during the
period when these Terms & Conditions are in force and also during the
Rental Period. The Boat Owner has concrete knowledge and expertise in the
services provided to the Renter and will comply with the highest quality
standard while performing his services. Article 7: This Agreement contains regulations
in favor of a third party and the relevant Renters may also request the Boat
Owner to perform all the acts that the Boat Owner has undertaken against a
Renter or the Renters pursuant to any article of this Agreement. Article 8:
Service Fee If the Boat Owner completes the Booking process by using the Site
and Services with a Renter (in other words, if the Booking Confirmation is
given by the Boat Owner or if the Renter makes a payment in case of sending an
Option), all Renters and Boat Owners accept and declare in advance that the
Service Provider will be entitled to the Service Fee and collect the Service
Fee for the use of the Site and Services. The Booking Fee shown on the Site is
accepted in advance by all Renters and Boat Owners that it includes the Service
Fee and the Booking Fee will be evaluated as including the Service Fee. Article
9: Our Site; There is no e-commerce, credit card payment method and money
transfer through the www.adayachtsailing.com, and the prepayment part between
the tenant and the service provider (adayachtsailing) is to be made to the
ibana within the knowledge of the boat owner. Article 10: Final reservation and
prepayment; If the reservation date between the tenant and the service provider
is agreed, the personal information received from the tenant and the contract
prepared by our company are sent to the tenant with a stamp and signature.
After the tenant reads and examines the agreement, confirms it in a signed form
and then the tenant is requested to pay the specified down payment. The
remaining balance is presented to the boat authority on the agreed date and at
the entrance to the boat. Article 11: All payments and refunds to be made by
the Service Provider shall be based on the Booking Currency equivalent of the payment
received on the date of the Booking or the date of the Booking Request, at the
free discretion of the Service Provider. The Service Provider is not
responsible for damages resulting from changes in exchange rates. Article 12:
We will make all reasonable efforts to keep your personal information secure.
However, you should be aware that the use of the internet is not completely
secure and therefore we cannot guarantee the security and integrity of any
personal information transmitted from you via the Internet. Article 13: Use of
Cookies When you use the Site, we may collect IP address and similar
information about your computer and/or browser to be used for registration and
statistical analysis purposes. This information will often not personally identify
you. We may also collect information about your online activities and internet
usage. We do this by placing a small file called a cookie on your computer's
hard drive. Cookies are used for many purposes: • to remember you every time
you visit the Site • To speed up access to the Site (so that you do not have to
log in each time)
• Storing your personal preferences • Creating a profile about you •
Targeting our marketing and advertising campaigns more accurately The vast
majority of Internet browsers allow the use of cookies. However, you can change
your browser settings so that cookies are not accepted. By doing so, you may
lose some features of the Site. Article 14: Images and information received
from boat owners; All images, content, texts, images, videos, software and
other elements provided are the property of the Service Provider. By becoming a
member or browsing the Site, you acknowledge and agree that this Site contains
proprietary information and other elements that are protected by applicable intellectual
property and other laws. In addition, the content, information and the manner
in which they are edited and aggregated through the Site, such as text,
graphics, logos, icons, photographs and software, made available to you through
the Site are owned by the Service Provider or its content providers or third
parties and are protected by copyrights, trademarks, service marks and patents
or other special rights and laws. By placing it on the Site, the Service
Provider shall not be deemed to have granted any license or permission to any
of its copyrighted materials, images, contents, writings, images, videos,
software and other elements. In addition, except as provided herein, no
material, image, content, text, image, video, software or other element may be
copied, reproduced, distributed, republished, downloaded, displayed, shared or
transmitted in any way, electronic, mechanical, photocopying, recording or
otherwise, without the written permission of the Service Provider or the
copyright holder. In doing so, you may not modify any materials, and you agree
to retain all copyright and other proprietary notices contained in such
materials. This permission does not grant you any ownership rights in the
information and will be revoked upon violation of these Terms and Conditions.
If you make any use of the Site other than as described herein, you shall be
deemed to have violated the copyright and other laws of the Republic of Turkey
and/or other countries and shall be subject to criminal terms. If you, as a member,
violate this article 9, you shall be obliged to pay one hundred thousand
Turkish Liras to the Service Provider for each violation as an additional
penalty condition for the performance. SECTION 15: THE SERVICE PROVIDER, ITS
AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND RELATED
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS IN RESPECT
OF ANY LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, LOSS OF
PROFITS OR GOODWILL, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT AND THAT SUCH
DAMAGES ARE ACTUAL OR CONSEQUENTIAL.
EVEN IF ANY INFORMATION OF A NATURE HAS BEEN OBTAINED, IT DOES NOT HAVE
ANY OBLIGATION TO INDEMNIFY. THIS NON-LIABILITY ALSO COVERS ANY LIABILITY THAT
MAY ARISE FROM ANY THIRD PARTY CLAIM THAT MAY BE ASSERTED AGAINST YOU AS A
TENANT OR BOAT OWNER. THE SERVICE PROVIDER IS NOT LIABLE FOR ANY DAMAGES
SUFFERED BY BOATS, BOAT OWNERS OR THEIR GUESTS WHO ARE INTERMEDIARIES AND
SELLERS. THE SERVICE PROVIDER IS NOT RESPONSIBLE FOR ANY AMOUNT THAT BOAT
OWNERS OR TENANTS ARE OBLIGED TO PAY TO ANY PERSON FOR ANY REASON. THE SERVICE
PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF ANY NEGLIGENCE AND
INCURRED BY ANY BOAT OWNER, MEMBER OR LESSOR. NEITHER THE SERVICE PROVIDER NOR
ITS DIRECTORS, DIRECTORS, DIRECTORS, AND/OR EMPLOYEES, AND OR ITS SERVANTS
AND/OR AGENTS AND/OR SHAREHOLDERS SHALL BE LIABLE FOR DEATH OR PERSONAL INJURY
OR DAMAGE OR CANCELLATION OF BOOKINGS OR DELAYS OR DAMAGES ARISING OUT OF THE
BOATOWNER'S NEGLIGENCE OR THE BOAT OWNER'S CONDUCT OR VIOLATION WHATSOEVER. IN
THE EVENT THAT THE BOAT OR THE BOAT OWNER SUFFERS DAMAGE, LOSS, ECONOMIC LOSS
OR OTHER DAMAGE BY THE USERS OF THE SITE, THE SERVICE PROVIDER AND/OR ITS
DIRECTORS AND/OR THE MEMBERS OF THE BOARD OF DIRECTORS AND/OR ITS DIRECTORS
AND/OR ITS EMPLOYEES AND/OR ITS EMPLOYEES AND/OR ITS AGENTS AND/OR SHAREHOLDERS
SHALL NOT BE LIABLE FOR ANY SUCH DAMAGE, LOSS OR DAMAGE (INCLUDING COMPENSATION
FOR SUCH DAMAGES, LOSSES AND DAMAGES). 19. FORCE MAJEURE The Service Provider
is not liable for natural disasters, war threats, terrorist incidents, all
kinds of political events, coup attempts, weather conditions, administrative
decisions, epidemics, travel bans and restrictions, industrial or labor
disputes or any similar events beyond its control. All of the events listed in
this article and similar events shall be counted as force majeure situations.
The party who is unable to perform his debts due to force majeure shall not be
held responsible for this delay and/or incapacity. Within the framework of
mutual tolerance and understanding between our service provider company and the
tenant, the cancellation and return conditions clauses written in the contract
sent to the tenant will be adhered to.8 This contract with definitions and 20
articles; It is subject to and construed in accordance with the Laws of the
Republic of Turkey, and the Istanbul (Central) Courts and Enforcement Offices
shall have jurisdiction over disputes relating to and arising out of the
Agreement. BY ACCESSING THIS SITE OR USING OUR SOCIAL MEDIA ACCOUNTS ON OUR
SITE AND THE SERVICES PROVIDED THEREON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
ENTIRE AGREEMENT AND AGREE TO ALL OF ITS TERMS. IF YOU DO NOT AGREE TO ANY OF
THE TERMS AND CONDITIONS SET OUT BY THIS AGREEMENT, PLEASE LOG OUT OF THE SITE
AND DO NOT REQUEST ANY RESERVATIONS...
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