TERMS OF USE AND MEMBERSHIP AGREEMENT
DEFINITIONS
In this Agreement, the following words and expressions have the following definitions:
"Prepayment" means the payment made by the Guest to the Service Provider at the time of Booking. The Advance Payment is a percentage of the Booking Fee and differs from Boat to Boat (determination of this rate is at the sole discretion of the Service Provider or – for some Boats – its designee).
"Remaining Payment" means the difference between the Reservation Fee and the Advance Payment, which must be paid by the Guest to the Service Provider until the Timeout Date or at Check-in.
"Agreement" means this Terms of Use Agreement, which is accessed from https://www.teknevia.com and may be amended from time to time by the Service Provider at its sole discretion and unilaterally. The right of the Service Provider to unilaterally change the website address of the Agreement is reserved.
"Boat" means a sailboat, motor yacht, catamaran or any other type of watercraft belonging to the Boat Owner, which has been found suitable for publication on the Site to be reserved by the Members.
"Boat Delivery Record", which is prepared by the Service Provider and delivered to the Boat Owner electronically (or allowed to be reached via the Site or any other way), which must be signed by the Guest during the delivery of the Boat to the Guest on the travel start date, means the document proving that it has been delivered to .
"Boat Owner" is the legal and beneficial owner of a Boat, or has been duly authorized by the legal and rightful owner of a Boat, or has acquired the exclusive and unconditional right to use a Boat. or the Member who provides Teknevia Extras and shares their Ads on the Site for the purpose of making a Reservation by a Guest.
"Reservation" means a reservation made by a Guest for a Boat, Teknevia Extra or Listing made by a particular Boat Owner and published on the Site.
"Reservation Confirmation" means the official acceptance by a Boat Owner of a Booking made by a Guest.
"Reservation Request" means the request made by the Guest for a Reservation prior to that Reservation.
"Cancellation and Change Option" means the meaning ascribed to Section – 7 of this Agreement.
"Cancellation and Change Conditions" refers to the reservation cancellation and change rules described in Section – 7 of this agreement.
"Entry" means the moment the Boat is delivered to the Guest by the Boat Owner in relation to a confirmed Booking Request.
"Exit" means the moment when the Boat is delivered by the Guest to the Boat Owner at the end of the agreed period, in relation to a confirmed Booking Request.
"Sighting Area" means (i) the cruise area mutually agreed upon by the Guest and the Boat Owner, or (ii) if there has been no such mutual agreement regarding a cruise area, then it is reasonable for the Boat to sail given the place where Entry takes place. Indicates the area that can be expected in some way. In any event, the Sightseeing Area is subject only to (i) the places where the Boat and all persons on board are legally permitted to sail or enter, and (ii) on the Boat's Release Date and (see 4 below) this Agreement. It may contain a field that will not prevent it from being returned in accordance with the MSS.
"External Account" has the meaning ascribed to it in Section – 3 of this Agreement.
"Free Cancellation Period" means a period of up to 3 days (72 hours) (unless otherwise stated), starting with the Booking Confirmation and lasting up to the Timeout Date at the latest.
"Full Booking Fee" means the sum of the Boat Reservation Fee and the Extra Services Fee, which the Boat Owner is liable to pay for the services to be provided to the Guest by the Boat Owner in relation to a Reservation.
"Reservation Fee" means the fee agreed between the Boat Owner and the Guest for the services included in the price stated in the Boat Owner's Announcement. The Service Provider determines the Service Fee it reflects to the Boat Owner over this amount. Some Boat Owners may also include some extra service fees such as fuel fee, cleaning fee, transitlog, captain and crew fees. For the avoidance of doubt, all fees and expenses that are not expressly included in the Reservation Fee are excluded from the Reservation Fee. Unless otherwise stated in the announcement details, the Guests are responsible for the crew's meal expenses and provisions for crewed charters.
The "Fees for Extra Services" are paid directly to the Boat Owner at the Entrance by the Guest, which is not included in the empty boat price, such as, but not limited to, the cost of activities such as food and beverage, event, organization, fuel fee, cleaning fee, transitlog, captain and crew fees. It represents the sum of the fees for the required and/or optional extra services required.
"Advertisement" refers to the crew details of a particular Boat, the services provided, the technical and (ii) advertisements that are subject to the approval of the Service Provider before they are published on the Site.
"Timeout Date" means the date that changes (to be calculated based on the Entry Date) according to the different Cancellation and Change Options, as explained in Section 7, entitled "Cancellation and Change Policy". As of the Timeout Date, the Reservation becomes final and in cancellations made by the Guest after this date, the payments collected by the Service Provider are not refunded to the Guest.
"Member" means the natural or legal person who registers an account by using the Site by accepting the Terms & Conditions. A Member can be either a Guest or a Boat Owner, or both a Guest and a Boat Owner.
"Member Content" means all text, graphics, pictures, music, software, sound files shared, published, uploaded, transmitted or included in the Advertisement or Member profile or profiles of other Members to be created by the Member through the Site or Services, means image file, information or other materials and all intellectual and industrial property rights related to them.
"Option" means the time period given by the Boat Owner to pay the Guest for a particular Booking Request. During this period, the Boat Owner will reserve the Boat for the Guest and will not rent it to anyone else.
"Special Offer" means that the Boat Owner changes the price, date and/or other details in the Advertisement regarding a particular Booking Request and sends this revised offer in a way that only the relevant Guest can see.
"Payment Service Provider" or "PSP" means third party companies that are payment intermediaries (selected / selected by the Service Provider at the Service Provider's own discretion), providing the payment services required to accept payment.
"Rental Period" means the time period starting with Check-in (which must happen according to the Booking) and ending with Check-out (which should happen according to the Booking) for a confirmed Booking.
"Guest" means a Member, who is a natural person or legal entity, who enters into a service relationship with a particular Boat Owner to book a Boat or extras and has agreed to pay the Full Booking Fee.
"Service Provider" It refers to Teknevia Teknoloji ve Turizm A.Ş. company with Tax Identification Number 8360979746, located at the address ÜNİVERSİTE MAH. SARIGÜL SOKAK B BLOK NO:37/1 iCKAPI No: 3 AVCILAR/İSTANBUL.
"Services" means all services provided by the Service Provider, including online platforms that can be accessed from the defined Site, combining Boat Owners with chartered Boats and Guests aiming to charter them.
"Service Fee" means the Full Booking Fee (unilaterally a discount by the Service Provider), which is the obligation to be paid by the Boat Owner to the Service Provider, together with the Booking Confirmation, arising after a Boat or Boat Booking with Extra services is made through the Site. means an amount equal to 20% of the The Service Provider has the right to reduce or increase, at its own discretion, the 20% rate (or the relevant rate, if a separate rate is agreed between the Service Provider and Boat Owner) for promotional or any other purposes.
"Service Provider Content" or "Teknevia Content" is any text, graphic, image, music, software, sound file that the Service Provider provides through the Site or Services, including content licensed from a third party, but excluding Member Content. means 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 in this Agreement and any changes that the Service Provider may make unilaterally in these terms and conditions at its free discretion.
“MSS” or “Distance Sales Contract” is used in the sense defined in the Law on the Protection of the Consumer and its related regulations.
"We" means the Service Provider.
"Teknevia" refers to Teknevia Teknoloji ve Turzim A.Ş., which is a registered trademark.
"Teknevia Account" has the meaning ascribed to it in Section – 3 of this Agreement.
"Internet Site" or the online platform owned, managed and registered by the "Site" Service Provider with the domain name https://www.teknevia.com and all applications connected to it (computer applications, mobile phone and tablet applications and other mobile applications etc.) and social networking accounts.
"You" refers to Members, Boat Owners, Guests and users of the Site, respectively.
2. SCOPE OF THE AGREEMENT, CONCLUSION AND CHANGES
Teknevia makes the Site and Services accessible, as well as renting and/or hiring Boat Owners who have the right to operate the chartered Boats or chartered Boats and/or provide Extra Services through different channels, including any sites, and/or or a platform that unites Guests who aim to purchase these Extra Services.
By providing the Service Provider, Boat Owners and Guests with a non-exclusive, non-transferable and irrevocable permission to use the Site as a Member and to benefit from the Services specified in this Agreement (within the limits and conditions described in the Agreement) through the Site. provides the Services available on this Site, subject to these Terms & Conditions. Even if you are not a registered user of the Services, by registering, accessing and/or using the Site or the Services, you agree to comply with and be legally bound by these Terms & Conditions. These Terms & Conditions, which you acknowledge to have read and understood, govern your access to the Site and Services and all Content and constitute the legal, binding agreement between you and the Service Provider. The Service Provider may change these Terms and Conditions from time to time, at its sole discretion and unilaterally, without prior notice to you. You can review the most up-to-date version of the Terms & Conditions at www.teknevia.com (The Service Provider may unilaterally change the internet address where the Terms & Conditions are published). In addition, while using certain services on the Site, certain additional rules or obligations regarding your use of the Site and such services may be published. 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. Continuing to use the site means that you accept all these terms.
The Service Provider does not act or act as an organizer, agent or service provider of chartering or crewing and/or other Listings and services for any Boat (this includes – without limitation – the Boats as defined herein).
The Service Provider maintains the Site only for Boat Owners and Guests to agree and arrange for the Booking of a particular Boat or Listing, and if necessary, accepting payment from the Guests on behalf of the Boat Owner and making this payment to the Boat Owner. mediates to convey what.
If a Guest requests a Booking for the Boat Owner's Boat and uses the Boat Owner's Boat, the legal relationship and agreement regarding such use will be established between the Boat Owner and the Guest and the Service Provider will be bound by such 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 under such legal relationship and/or agreement, or the consequences of such situations.
Members under the age of eighteen (18) will not be accepted as guests or boat owners. In order to become a Member, Guest or Boat Owner, he/she declares, undertakes and warrants to the Service Provider that he/she is over eighteen (18) years old and that all personal information he/she provides is correct. The Guest declares, undertakes and warrants to the Service Provider that he has the legal competence to enter into an agreement with a Boat Owner on behalf of himself or any agent or representative acting on his behalf.
Service Provider has no control over the behavior of Guests, Boat Owners and other users of the Site or Services, or over any Boats, Listings, Extras or services offered and disclaims all liability to the fullest extent permitted by law. In other words, both the Guests and the Boat Owners are responsible for the Service Provider's (i) the behavior of the Guests, (ii) the behavior of the Boat Owners, (iii) other persons using the Site or the Services and the Members. They accept, declare and undertake in advance that they are not responsible for the behavior of (iv) the contents of the Postings, as well as all kinds of explanations, pictures and other content contained in the Advertisement (For the avoidance of doubt, the term “behaviours” includes all kinds of statements, explanations and expressions. includes). Within this framework, each Guest, Boat Owner, Member and other users of the Site or Services shall immediately indemnify the Service Provider in case of any loss 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 terms 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 goodwill and comply with the consumer protection legislation.
Unless the text requires otherwise, singular words will denote plurals and vice versa. Headings will be ignored when establishing this Agreement. Unless explicit reference is made to a clause or part of another document, "Article(s)" / "Section(s)" means the clauses and parts of this Agreement. The expressions "included" and "included" should never be construed as a limitation, these expressions are used for illustrative purposes only.
By accepting these Terms & Conditions, each Boat Owner also accepts the Teknevia Payment Transfer Agreement (“Transfer Agreement”), which the Service Provider has forwarded to him in electronic form or published on the Site. If no Transfer Agreement is published on the Site and the draft of the said agreement has not been sent to the Boat Owner, the Boat Owner acts as a prudent trader and accepts a copy of the Transfer Agreement from the Service Provider – these Terms & Conditions. before they do – they should request it and review it. Otherwise, the Boat Owner will be deemed to have accepted the most up-to-date version of the Transfer Agreement. 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 is mutually signed, the version of the Transfer Agreement that the Service Provider has sent to the Boat Owner. will connect it. For the avoidance of doubt, the Boat Owner will not need to sign the Transfer Agreement separately in order for the Transfer Agreement to be binding on the Boat Owner. will result in binding.
MEMBERSHIP
In order to access certain features of this Site, create an Ad or make a Reservation, you must create an account (“Teknevia Account”) and become a Member. By completing the sign-up process, you can directly access your accounts (“SPS”) on certain third-party social networking sites (each an “External Account”, including but not limited to Facebook and Google) via the Site, as described below. You can register by logging in..
As part of the operation of this Site and Services, you may use your Teknevia Account with your External Accounts, (i) by providing your External Account login information to the Service Provider through the Site, or (ii) to your Service Provider's External Account, You may link your External Accounts by allowing access as permitted by the relevant 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 in this Agreement, but not limited to these) You agree to accept the Service Provider without any indemnification obligation and without subjecting the Service Provider to any usage restrictions imposed by the relevant SPS. Any content you provide and save to Service Provider's External Account when granting Service Provider access to any of your External Account (“SPS Content”), to be displayed on the Site through your Teknevia Account and your Teknevia Account profile page. You agree to access, make available, and (if applicable) save it.
Unless otherwise stated in these Terms & Conditions, all SPS Content, if any, will be considered Member Content for all purposes of these Terms & Conditions. Depending on the External Account you choose and the security settings you have set up on that External Account, the personal information you share in your External Account will be made available in your Teknevia Account and on the Site and Services. By accepting these Terms, the Service will allow SPS Content to continue to be posted on the Site, even if an External Account or associated service becomes unavailable or SPS stops the Service Provider from accessing that External Account. You are giving the Provider an irrevocable consent. You have the right to unlink your Teknevia Account from your External Account at any time by accessing the "My Account" section of the Site. Your relationship with SPS with respect to your External Account is governed solely by your agreement(s) with this SPS. Service Provider will not endeavor to review any SPS Content for any purpose, including checking for accuracy, legality, or violation of any regulatory or third party right, and Service Provider (on your Teknevia Account, on your Teknevia Account profile page) or in any way posted on the Site) is not responsible for any SPS Content. The Member shall indemnify the Service Provider for any damages incurred due to the SPS Content.
Your Teknevia Account and your Teknevia Account profile page will be created based on the personal information you have provided for your use of the Site or obtained from SPS as described above. The Service Provider decides on the scope of this information and the information on the Teknevia Account profile page and may expand this scope. The person who does not want to provide this information cannot make any Reservation or Advertisement or rent or purchase other services through the Site. You may not have more than two (2) active Teknevia Accounts, one for Boat Owners and one for Guests, unless the Service Provider allows. You agree to provide accurate, up-to-date and complete information during membership and to update this information to be accurate, up-to-date and complete.
The Service Provider reserves the right to suspend or terminate your Teknevia Accounts if (i) you create more than two (2) Teknevia Accounts, or (ii) any information provided during or after registration is proven to be false, fraudulent, out of date or incomplete. reserves.
It is your responsibility to keep your password safe. You will not disclose your password to any third party and that you have all responsibility for and for all transactions, behaviors, acts, activities or actions performed with your Teknevia Account (regardless of your consent for this transaction, behavior, act, activity and actions) You agree that you will immediately notify the Service Provider of any unauthorized use of your Teknevia Account. Each Member declares and undertakes to the Service Provider that if the Service Provider suffers any loss due to any transaction, behavior, act, activity or action made with the Teknevia Account, you will immediately indemnify the said loss. The fact that the relevant transaction, behavior, act, activity or action is performed by a third party will not relieve the Member from the said compensation obligation.
The Boat Owner is responsible for the actions, 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 Teknevia Account, and is responsible for the Registered E-mail on the Website. Notifications made to the -mail Address and notifications made directly on the Website are deemed to have been made to the Boat Owner. The Boat Owner is responsible for the Registered E-mail Address registered on the Website on behalf of the Boat Owner and all communication made through the Registered E-mail Address binds the Boat Owner.
The E-Mail Address Registered in accordance with this clause 3, (i) the e-mail address indicated as belonging to the Boat Owner in the Teknevia Account used when creating the Advertisement related to any Boat, and in addition to this – if available – (ii) the Boat Other e-mail addresses of the Owner or Authorized Person or other persons listed above to the Service Provider, and (iii) the Boat Owner or Authorized Persons or other persons listed above when contacting the Service Provider. means other e-mail addresses used; All of these e-mail addresses listed here will be considered as the Registered E-mail Address on the Website and the Registered E-mail Address on behalf of the Boat Owner.
Authorized Person(s) within the framework of this article 3 is the person(s) who creates the Listing regarding any Boat and/or communicates the information about the Boat to the Service Provider and/or communicates with the Service Provider to create the Listing. . All statements, commitments and other business transactions of this person regarding the Boat and/or the Advertisement and/or the Services are binding on the Boat Owner. The Service Provider is not obligated to examine or investigate the authority of any person falling under this definition to represent the Boat Owner. The Boat Owner declares and undertakes in advance and irrevocably to the Service Provider and the Guests with this Agreement that all statements, undertakings and other works and transactions of an Authorized Person within this scope are binding on him.
ADVERT
Creating an Advert
You can create an Ad as a Boat Owner or a guest member. Members who create an Ad must provide a variety of information about the Boat or Extras to be posted, including description, photos, location, size, features, crew, ownership documents, Boat availability, price, cancellation policy, relevant rules and monetary conditions. In the advertisement given by the guest, the requests will be clearly stated and the boat owner will be able to make an offer according to the requests in the advertisement. Before the publication of an Ad, the Service Provider must approve this Ad at its own discretion, the Ads not approved by the Service Provider will not be published on the Site.
As a member, you acknowledge and agree that you are responsible for all Postings you post and the accuracy of all content of such Posts. Accordingly, any Listing you post and a Reservation created as a result of an Listing will not (i) violate any agreement you have entered into with a third party, (ii) (a) comply with all laws, tax obligations as the boat owner and any Ad you post will not violate any agreement you have entered into with a third party. a) comply with the rules and regulations applicable to any Boat, including insurance requirements, coast guard regulations, marina regulations, and laws regarding the charter and operation of Boats, (b) will not conflict or violate the rights of third parties. you represent and warrant. The Service Provider is not responsible for a Boat Owner's compliance with any applicable laws, rules and regulations. The Service Provider reserves the right, at its sole discretion, to remove or block access to any Posts at any time and without prior notice.
When creating a Listing for a Boat, the Boat Owner provides the Service Provider with documents proving that he owns the Boat or holds the charter right of the Boat and all insurance, license, permit and other documents required by any applicable law regarding the hiring of the Boat.
When creating an Listing for an Extra, the Member submits to the Service Provider all documents required by law to provide the relevant service.
The Boat Owner undertakes and undertakes the following to the Service Provider and Guests:
The Boat Owner is the legal and holder of the right to use the Boat and the Listing and/or is legally authorized to use, rent and post the Listing and/or has an unconditional right to use and rent the Boat and create the Listing. has done.
The Boat Owner has obtained all necessary requirements for the charter of the Boat and/or the provision of Extras and these permits will remain in effect throughout the Charter Term.
The Boat Owner has concrete knowledge and expertise on the services he provides to the Guest and will comply with the highest quality standard while performing his services.
The Boat Owner has one or more insurance policies, issued by a reputable insurance company, that will cover any liability that may arise (i) during the Services, (ii) during the Rental Period, and (iii) while this Agreement is in effect.
The Boat Owner will not cause any breach of law or regulation by the Ad that has or could reasonably be expected to have an adverse effect on the Site or the Service Provider's business.
(i) there is no claim against it or any of its affiliates or related parties that has or could reasonably be expected to adversely affect the Services or the services provided during the Rental Period, (ii) no proceedings or investigations are or are being conducted, and (iii) there are no lawsuits or enforcement proceedings. It undertakes that it has fulfilled and will continue to fulfill the rules and obligations determined by the administrative authorities and law enforcement authorities.
The Boat Owner will show reasonable care and prioritize guest satisfaction while providing his services to the Guests.
The Boat Owner is responsible for the accuracy and completeness of all the information contained in the Advertisement details. Announcement details can also be arranged by the Service Provider at 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 latest status of the Advertisement. The Service Provider provides access to the Teknevia Account specially prepared for Boat Owners on the Website, where the Boat Owner can edit all the Advertisement details, take the necessary actions regarding the Services. It is the Boat Owner's responsibility to log into the relevant Teknevia Account. When a Booking Request for the Listing is received and/or the Booking is made, the Boat Owner checks the Listing and Booking details. If the information in an Ad is likely to mislead the Guests, the Boat Owner is obliged to enter the necessary details in the relevant explanation section and/or other relevant section in the Ad. For example, if one or more of the toilets and bathrooms on the Boat are to be made available to the crew, it is the Boat Owner's responsibility to specify the details in the Announcement. As a prudent trader, the Boat Owner provides all necessary information in the Ad details.
This Agreement contains regulations in favor of the third party, and the relevant Guests may request the Boat Owner to perform all the actions undertaken by the Boat Owner against a Guest or Guests pursuant to any article of this Agreement.
Advert Content
You acknowledge and agree that, as a Guest or Boat Owner, you are solely responsible for all your Boats, Extras and Ads on the Site and for all the content of your Ads. You acknowledge and agree that Postings will be made publicly available through the Services. Other Members will be able to reserve your Boat, or Extras, through the Services based on the information provided in your Ad.
As a Guest and Boat Owner, you accept, declare and undertake that you provide the Service Provider with an irrevocable permission and right to use the Member Content regarding your Advertisements, Extras and Boats published on the Website. . Such permission and right to use covers the use of this Content and all other information provided by the Members for social networking sites, newsletters and any other advertising and commercial purposes, if the Service Provider deems appropriate, for the promotion of the Service Provider's business, but with this cannot be limited.
Members believe that the Service Provider can inspect all the Boat Owner's uploads to the Site and that the Service Provider discloses the Boat Owner's identity such as (i) name, company name, Boat name, links to other sites, phone numbers. all information and other Member Content; and (ii) all information made by the Boat Owner that he/she considers to be illegal and other Member Content; and (iii) the Service Provider's Terms & Conditions or applicable law or accepts and declares that he/she may remove or refuse to publish or stop any content he/she wishes, including downloads and other Member Content that he/she believes violates the legislation.
If the Member's Posting does not comply with the Service Provider's Terms & Conditions or applicable law or regulation, the Service Provider may suspend or stop providing its Services.
Each Boat Owner agrees in advance that the Service Provider does not promise any success, profit or income. In this context, the Service Provider does not make any representations or commitments to any Member that it will enter into rental relationships or find boat owners, customers or guests, or earn money or generate income, if it advertises on the Site.
Advert Search
Members have the opportunity to search and view suitable Advertisements containing information about the Boat or Extra services, including descriptions, photos, prices, and to request Reservations within the Site. The information disclosed by the Service Provider while providing the Services is based on the information provided to the Service Provider by each member. It is important for Members to check the information uploaded to the Site. The Service Provider has no responsibility for the accuracy and truth of the information uploaded to the Site regarding the Boat or any Advertisement. In this context, all responsibility for any Advertisement belongs to the Member who created the relevant Advertisement, and the Service Provider does not make any representations or commitments that any statement or information contained in the Postings is true or true.
Availability, Special Offer and Option
To adjust the availability and prices of Members Postings and requested Extras, to publish terms and conditions, to manage upcoming reservations, to communicate with other Members on the Site, to receive Reservation Requests, to submit revised prices and other conditions by giving a Special Offer, to receive payment. He is free to give options, receive comments for his services, and many other things, subject to these Terms and Conditions (ie to the extent permitted by these Terms & Conditions).
A Member may request a Special Offer regarding dates, prices and other conditions from the Boat Owner when submitting a Booking Request. The two parties can discuss customized terms using the messaging feature of the Site. A Member who wishes to contact a specific Boat Owner must enter the dates of his/her 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 may send a message to a Boat Owner only for the Ad. The Boat Owner is free to submit Special Offers, grant availability for such requests, give Options for payment or reject requests based on the agreed terms.
In messages sent between a Member and Boat Owner, any contact information (iv) including (i) phone number, (ii) boat name, (iii) address and e-mail address, picture file, social media sites and links to them ) name, surname or any other names that do not appear on the Site, it is strictly prohibited to write any personal information. The Service Provider has the right to view all message streams. If the Service Provider detects any personal information sharing between the parties, it has the right to suspend, terminate or disable the Teknevia Account.
Boat Owners are responsible for keeping the price, availability and other information displayed on the Site up to date. The Service Provider is solely responsible for supporting the communication between the Boat Owner and the Guest. The Service Provider cannot be held responsible for non-performance or full and proper performance of the subjects and services agreed between the Boat Owner and the Guest. Each Boat Owner is always 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 authority on the quality, service level or rating of any Boat Owner. However, the Service Provider has the right and authority to list the boat owners on the site, giving priority to the members who provide fast, practical service and prioritize customer satisfaction. The only obligation of the Service Provider is to broker the meeting of the relevant Members in the status of Guest and Boat Owner for the purpose of renting the Boat specified in the Announcement. In the event that any Guest and Boat Owner agree to reserve the Boat or Extra in the Listing created by the Boat Owner, a distance selling contract (“MSS”) is deemed to have been established between the parties within the framework of these Terms & Conditions. The said MSS will be established between the relevant Guest and the relevant Boat Owner, and the Service Provider will not be a party to the said MSS.
For the avoidance of doubt, if a dispute arises between any Boat Owner and any Guest regarding the MSS and/or this Agreement, the Service Provider shall not be a party to this dispute and shall not be obliged to assert or defend any rights of the Guest. However, the customer is free to take and implement any measure he wishes within the scope of satisfaction.
Without implying any liability for the Service Provider, the Service Provider - at its sole discretion - shall, if it deems it appropriate, indemnify and compensate all damages incurred by the Guest (as a result of the Boat Owner's breach of the MSS and/or this Agreement) and the Boat. It can recourse to its owner. The Boat Owner gives consent and permission in advance for the Service Provider to indemnify the Guest in this way, if he/she wishes, and then to recourse these losses to himself (the Boat Owner).
RESERVATION
Reservation
Through the Site, a Guest can send a Reservation Request for a specific Advertisement published on the Site or may purchase a service by placing an advertisement consisting entirely of unique requests and evaluating the offer submitted by the boat owners to them. As soon as the Guest makes a Reservation Request, or the Service Provider (Teknevia) sends the request to receive the service specially created by the guest, via e-mail, text message or notification, or via the Site (in one or more of these ways at its own discretion). informs.
If you are the Boat Owner and have received a Booking Request, you must approve or reject this Booking Request within twenty-four (24) hours from the time of the request, otherwise the Booking Request may be automatically cancelled. 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 refuse to reject a Boat's Booking Request within the said twenty-four (24) hour period, the amount charged by the Service Provider for the requested Booking may be refunded to the relevant Guest and, if any, credit The provision on the card can be removed.
Reservation is completed upon the Boat Owner's approval of the Booking Request or the boat owner's acceptance of the guest's service purchase announcement, and an MSS is established between the Guest and the Boat Owner (as the Guest's offer is also the Boat Owner's approval). Approval of the Reservation Request is legally in the nature of accepting the offer submitted by the Guest. When you approve a Reservation Request, the Service Provider will notify you and the Guest via email, text message or notification, or through the Site.
The Boat Owner may give the Member an Option before the payment, regardless of whether the Member requests it or not. In this particular case, no other Booking Confirmation is required and MSS is established between the Boat Owner and the Guest upon payment. The Boat Owner determines how long the Option will be valid.
The Boat Owner and the Guest may re-approve the MSS in writing if they wish (if a contract is required under the legislation, the Boat Owner is obliged to ensure that the MSS is signed).
The Boat Owner may request the Guest to sign his own charter agreement for any reason, including but not limited to, as required by insurance companies or company policy. The Guest is obliged to sign the contract communicated to him by the Boat Owner.
The Boat Owner is responsible for the accuracy of the information contained in the Advertisement subject to the reservation. If there is a disagreement between the Guest and the Boat Owner regarding the Details of the Listing and/or Reservation, excluding the information in the MSS sent by e-mail by the Service Provider (i.e. excluding the Basic Listing Details described below), The Guest and/or Boat Owner are responsible for proving their own claims.
The commitment given by the Boat Owner to a Guest who has made a reservation regarding the Boat is limited to the Basic Advertisement Details. In this context, “Basic Ad Details” are in any case in all e-mails and/or MSS sent by the Service Provider to the Boat Owner and/or Guest before and after the Booking Request, the completion of the Booking and the payment. It includes the information about the Listing, the Boat and the Reservation, and all the Boat images.
When you make a Reservation with a particular Boat Owner through the Site as a Guest Member, you will be required to refer to the Booking Confirmation and that the booking terms and conditions including the Booking Confirmation and the relevant Boat Owner and the payment, cancellation and other conditions specific to this Booking are yours. You hereby accept, declare and undertake that it will be binding for
You acknowledge and agree that as the Boat Owner, you are responsible for your actions and omissions. As the Boat Owner, you agree that the Service Provider may publish past customer extras, customer reviews and other information about you on the Site or elsewhere.
6. SERVICE FEES AND PAYMENTS
Full Reservation Fee
When the Guest decides to reserve a Boat Owner's Boat or Extra Services through the Site, or upon the acceptance of the Service purchase ad created by the Boat Owner, he/she confirms and agrees to pay the Full Booking Fee shown in the Ad.
It is the advertiser's responsibility to decide the Full Booking Price for each Listing and to ensure that the Full Booking Price is published in the Listing (or in relation to the Listing) in accordance with the applicable consumer legislation in Turkey. Each Boat Owner Service Provider, when a Guest requests a Reservation for a Boat Owner's Boat or Extra Services, the Boat Owner may not modify the Full Booking Fee and its components previously determined for that Reservation. It accepts, declares and undertakes in advance to either or the Guests. The only exception to this is Reservations made below the minimum rental period. In this particular case, the daily Booking Fee may be increased so that the Reservation Fee does not exceed the minimum rental period Reservation Fee. It is the owner's responsibility to submit a price offer for the special service purchase created by the guest and to accept this offer with its final version. Advertisements given in this way are subject to the provisions specified in the advertisements created by the Boat Owner, as long as their nature matches.
In order to submit a Reservation Request, the Guest must enter their payment information. Payment may be made by credit card, debit card or any other payment method accepted by the Service Provider. In case the payment is made by credit card, this card may be pre-authorized (up to the entire rental price) or credit card information may be stored before the Booking Request is completed. The amount equal to the Advance Payment can be directly withdrawn or blocked at the time of Booking Request. In case the credit card information is stored but the payment is not received or an authorization is placed, the Prepayment is taken at the Reservation Confirmation. In case the payment is made by debit card or any other payment method, the Advance Payment will be collected at the time of the Booking Request. In any event, the Service Provider reserves the right to act as if the Reservation has not been completed if the Prepayment is not received, and also to cancel the Reservation at any time (against himself or the Boat Owner) without any indemnity liability.
The Boat Owner has two options regarding the timing of the Remaining Payment: Remaining Payment can be collected on the Site until the Timeout Date or directly by the Boat Owner at Check-in (In case the Remaining Payment must be collected on the Site by the Timeout Date If the Remaining Payment is not paid on time, the Boat Owner may cancel the Booking; in this case, any payment made by the Guest for the Booking (Prepayment and any other payments) will not be refunded to the Guest, and the Guest's Service Provider or Boat Owner will not be refunded. There is no right of claim – including, without limitation, the rights set forth in this Agreement/Terms).
If the Timeout Date has been entered or passed at the time the Booking Request is submitted and the Boat Owner has chosen to collect the Remaining Payment by the Timeout Date, the entire Booking Fee will be charged in the above-mentioned payment process. If the payment cannot be received during the transmission of the Reservation Request, the Reservation Request will not be forwarded or accepted by the system, and if it has been forwarded or accepted, it will be canceled later). If the time between the time the Booking Request is sent 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 will be 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 Booking Request will be canceled automatically.
If a Booking Request is declined, expires or is cancelled, the authorization placed on the Guest's credit card, if any, will be removed or the amount charged will be refunded to the Guest.
Pursuant to these Terms & Conditions, the performance of the services provided by the Boat Owner to the Guest will not begin until the Full Booking Fee is collected.
Free Cancellation Period
Upon receipt of the Booking Confirmation, the Guest is granted a Free Cancellation Period to re-evaluate the Booking.
The Free Cancellation Period starts with the receipt of the Booking Confirmation and lasts for a maximum of three (3) days. If there is less than three (3) days between the Timeout Date and the date the Booking Confirmation is received, the Free Cancellation Period will expire on the Timeout Date.
If, during the Free Cancellation Period, the Guest wishes to withdraw the confirmed Reservation, they may do so at no additional charge. In the event that the Guest withdraws the confirmed Booking within the Free Cancellation Period, if, at the time of the Booking Request, as the Guest payment method:
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If the credit card is selected, the amount equal to the Advance Payment will be refunded to the Guest. If the place of withdrawal has been blocked, the block equal to the Advance Payment will be removed from the Guest's credit account.
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If other methods are selected, the amount equal to the Prepayment collected will be refunded to the Guest.
If the Guest does not take any action regarding their Booking (including, without limitation, withdrawal of the Booking) until the Free Cancellation Period expires:
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The guest's free cancellation right is irrevocably removed.
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The Boat Owner is obliged to provide the services mentioned in the Booking Confirmation.
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From this moment on, the Reservation can only be canceled if permitted under the Cancellation and Change Terms.
Service Fee
In case the Boat Owner completes the Booking process with a Guest by using the Site and Services, or if the guest's service is accepted by the guest by giving the best offer (in other words, if the Booking Confirmation sent by the Guest is given by the Boat Owner or if the Option is sent) All Guests and Boat Owners agree 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 (in case the Guest makes a payment or if MSS is otherwise installed), and declares. It is accepted in advance by all Guests and Boat Owners that the Reservation Fee displayed 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 (unless otherwise specified by the Service Provider on the Site) of the Booking Fee for each advertisement published on the Site. The Service Fee is cleared and/or deducted from the payments made to the Boat Owner. The Service Provider withdraws/obtains data of the Boat Owner such as price, availability information and boat details (such as, without limitation, MMK, Nausys, Sedna etc.) from 3rd party applications / websites and/or these 3rd party In case 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 on the 3rd party applications / websites upwards, specific to the Service Provider, and the commission specified by the Service Provider. ratio will be equal.
The Boat Owner and the Guest acknowledge and agree that the Service Fee is non-refundable under all conditions, except as described in this Agreement, after the Free Cancellation Period expires. Therefore, after the Free Cancellation Period has expired, the Service Fee will be fully paid to the Service Provider, even if the Guest cannot use the Boat for the entire Rental period in accordance with the Reservation, and any part of the Service Fee, if paid, will not be refunded.
Payments
All payments received by the Service Provider from the Guests for the Reservations made through the Site will be held by ÖHS, subject to the obligation to forward the remaining amount after the Service Fee is deducted from the collected amount to the Boat Owner. After deducting the Service Fee from the amounts collected by the Service Provider (which may be up to the Prepayment or Reservation Fee, depending on the situation), the remaining amount will be canceled by ÖHS, at the latest 7 working days after the Checkout Date, as described in Section – 7 of this Agreement. Subject to the Amendment Conditions, it is communicated to the Boat Owner. However, in case of an MSS in a currency other than the currency of the country where the announcement is made, the payments to be made to the Boat Owner will be made within 1 month.
The Service Provider may (i) transmit the payments made by the Guest regarding the Booking to the Boat Owner before the Boat Owner starts to provide the services subject to the Booking to the Guest, or, (ii) deems it necessary, at its sole discretion. In case of an accident, he 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 has to have the Guest sign the Boat Delivery Minute on the Check-in Date. A copy or a readable image of the Boat Delivery Record is immediately sent to the Service Provider by message or e-mail by the Boat Owner, and the original is sent to the Service Provider by mail within 5 (five) days at the latest from the Release Date. is delivered. The Guest cannot transfer the rights he has obtained pursuant to the Booking to a third party, cannot rent the Boat to a third party / enter into a sub-lease relationship with the Boat. For this reason, the Guest has to personally sign the Boat Delivery Minute, as well as personally use and return the Boat.
If you cancel a Booking as a Guest, 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 will be provided. In this context, Guests are obliged to check all the terms of the relevant Reservation (including, without limitation, Cancellation and Change Conditions) prior to each Reservation Request. In addition, once the Free Cancellation Period expires, the Service Fee is non-refundable, except in exceptional circumstances described in this Agreement, and the Service Provider (unless the Service Provider decides otherwise in its sole discretion) will deduct the Service Fee from the payments made by the Guest. The obligation to return to will only exist if such an obligation is expressly provided for in the Cancellation and Amendment Conditions. In any event, the Service Provider is not responsible for the refund of any portion of the Full Booking Fee collected by the Boat Owner (or collected by the Service Provider and transferred to the Service Provider). If any part of the said price is to be refunded pursuant to this Agreement or SSS, only the Boat Owner will be responsible for such refund and the Service Provider will have no obligation to refund the relevant amount.
On the Check-in Date, the Boat is delivered to the Guest by the Boat Owner and the Extra Services, if any, are started to be provided. As of this date, the Boat Owner must issue the invoice for the amount corresponding to the Full Booking Fee within 7 days and send it to the Guest. 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 Guest by the Boat Owner and the Service Provider is unable to present the relevant invoice to the OHS and the card issuing bank upon request, the Service Provider bears the risk of chargebacks. is facing. To avoid this risk, the Boat Owner must immediately send an image of the invoice of payments made to him by the Guest for the Reservation by e-mail or message and a copy by post to the Service Provider within three (3) days in the following cases: (i) Reservation In the event that the Guest does not receive the service on the Check-in Date, (ii) the Guest has any complaint, request, claim, sends any warning, initiates enforcement proceedings regarding the Boat, Boat Owner or service relationship. or in case of litigation. If the Boat Owner fails to deliver the copy of the invoice to the Service Provider in the above-mentioned cases, the Boat Owner's right to receive all kinds of payments under the terms of this Agreement terminates, and a possible chargeback request can be met by the Service Provider at the first request for the payments made to him by the Guest. for refunds.
If the Service Provider offers a promotional offer, the discount or any other benefit to the Guests will be divided by the Service Provider and Boat Owner in the amount and percentage at the Service Provider's discretion. In this framework, for example, if the Service Provider decides to make a 20% (twenty) discount on all rental prices in a certain period, how much of the said 20% (twenty) discount will be covered from the Service Fee and how much The Service Provider decides that part of it will be covered from the Reservation Fee. In this context, the Service Provider may also decide not to cover any part of the discount from the Service Fee. In any event, the Boat Owner reserves the right not to accept any Booking Request.
The Boat Owner shall exclude the Service Provider and its employees, agents, representatives and affiliates from the Service Provider 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. undertakes to indemnify against all actions, demands, costs, expenses, including legal costs, in respect of any loss, damage or liability (criminal or legal) incurred by the Company.
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 only to these transactions. Any action to be taken by the Service Provider and/or the persons authorized by the Service Provider shall be deemed to have been made on behalf of the Boat Owner.
The Boat Owner when the Service Provider makes a payment to the Service Provider and/or the Service Provider makes the relevant collection directly by the third party company or companies (i.e. Payment Service Provider or ÖHS) that the Service Provider has agreed to mediate the flow of funds for the goods, products and services. 's obligation to pay the Service Fee ends.
In this context, in case of use of third-party PPEs, the third-party PSPs are exempted from the relevant payment obligation, together with the determination of the transfer of the relevant funds to the Service Provider in the records of the third-party PPEs. The Boat Owner agrees in advance that he will not make any claims and/or claim any rights from third party PPEs in this regard.
Currency
With regard to currency, the following terms in this Agreement have the following definitions:
"Booking Currency" means the currency in which the Guest must pay for a Booking. As soon as the Guest submits a Booking Request, the Service Provider chooses the Reservation Currency according to the working logic of the Website and the infrastructure of the ÖHS. The Service Provider only supports a certain number of currencies as the Reservation Currency. The Booking Currency and the Listing Currency for a Reservation may be different.
"Base Currency" means the currency chosen by the Member when placing an advertisement. The Service Provider offers a certain number of currencies as Base Currency according to the dynamics of the market. If the Advertisement Currency and the Booking Currency and the Base Currency are different, the Booking Fee will be converted to the others at the current exchange rate (which the Service Provider determines at its own discretion). The Fee for Extra Services is always paid in Base Currency. In case 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 the payment is not made in person, it is converted to the Booking Currency at the current exchange rate at the time of payment. Where payment is made by hand, payment is made in the Base Currency. However, if the Boat Owner agrees, payment can be made by hand in another currency, in which case the rate agreed by the Guest and the Boat Owner will be applied (if there is a dispute as to which rate has been agreed, the rate to be determined by the Service Provider at its free discretion is both the Guest and the Boat Owner. It will be binding on the Boat Owner). The Boat Owner is responsible for ensuring that receiving payments in the Base Currency he chooses complies with the laws of the country in which he operates. The Service Provider disclaims all consequences arising from the Boat Owner's choice of Base Currency to the fullest extent permitted by law.
"Advertisement Currency" is the currency in which the Booking Fees of the Boats or Extra Services selected among the alternatives offered by the Guest and listed in the search panel are displayed. The Booking Fee determined by the Boat Owner in Base Currency is converted into the Ad Currency at the current rate on the search panel and Ad page.
"Euro" refers to the official currency of the European Union. Within the scope of this Agreement, the Service Provider shall determine at its own discretion which exchange rate will be taken as the basis for determining the TL equivalent of Euro.
Each and all payments are made in the Booking Currency. If the Base Currency in which the Boat's Booking Fee is kept 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 choose the Service Provider's Booking Currency and Base Currency (i) generally for any Listing, or (ii) specifically according to the characteristics of the Boat Owner and Guest posting/viewing the Listing. (iii) at its sole 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 or Extra is contrary to the legislation of the relevant country, he will be in contact with all processes that may arise from this contradiction, and he will protect the Service Provider from any damages that may arise. ari/ber and will compensate all damages suffered by both the Guest and the Service Provider.
All payments and refunds to be made by the Service Provider are based on the Reservation Currency equivalent of the payment received on the date of the Booking Request or the date of the Booking Request, at the discretion of the Service Provider. The Service Provider is not liable for losses resulting from changes in exchange rates.
Members can view the Booking Fee of any Boat or Extra on the Website in any of the Advertisement Currency alternatives provided by the Service Provider.
CANCELLATION AND MODIFICATION POLICY
When the Boat Owner creates an Ad, he/she must specify the cancellation and change conditions for that Listing by choosing one of the Cancellation and Change Options determined by the Service Provider.
Unless otherwise stated in the Agreement, any dates regarding the Reservation process and Cancellation and Change Options are determined according to the local time of the Boat. In this context, both the Guests and the Boat Owners accept, declare and undertake in advance that they will base the local time of the Boat.
Prepayment is paid by the Guest at the time of booking. After the Booking Confirmation to be made by the Boat Owner, the Reservation can be canceled free of charge for 3 (three) days (ie, within the Free Cancellation Period). For cancellations made after the said Free Cancellation Period has expired, the Advance Payment is non-refundable. The Remaining Payment must be made by the Timeout Date, unless otherwise specified by the Service Provider. In any case, the Reservation becomes final as of the Timeout Date; no refund in case of cancellation; If there is an ongoing free cancellation right, this right is terminated.
Each Ad posted on the Site may be subject to only one of the following Cancellation and Change Options:
Flexible Reservation: The Timeout Date is 7 (seven) days before the Check-in Date.
Semi-Flexible Reservation: The Timeout Date is 14 (fourteen) days before the Check-in Date.
Strict Reservation: The Timeout Date is 30 (thirty) days before the Entry Date.
Super Strict Reservation: The Timeout Date is 45 (forty-five) days before the Check-in Date.
The Service Provider may offer a new Cancellation and Modification Option to Boat Owners, even if not specified in this Agreement. For the new Cancellation and Change Option to be valid and binding, it is sufficient to be published on the Site.
It is not possible to modify a Reservation by changing the Date, Boat, Extra Services or Listing preferences. In this case, the Guest must cancel the Booking and make a new Booking Request for the preferred Boat or Extra Services.
If, as a Boat Owner, you cancel a confirmed Booking: (i) the Service Provider may impose certain sanctions on you and your Listing, including posting an automated review in your Listing stating that you have canceled a Booking, (ii) canceling. You will have to close your calendar for the dates in the Reservation you have made and/or the Service Provider will block these dates, (iii) you will be obliged to refund the Prepayment, Remaining Payment, Reservation Fee and all other payments, (iv) MSS You agree that the Guest may exercise any and all rights arising from the MSS and the law for violating, (v), that the Guest will have the right to publish his/her evaluation on the Site and this may negatively affect your overall score.
If the Service Provider so wishes, it may collect (exchange and/or deduct) the Service Fee applied to such canceled Booking from the relevant Boat Owner (i) during the next Booking to be received by the Boat Owner (In this case, the canceled Booking The payment to be made to the Boat Owner for the first Reservation received after the booking will be equal to the amount applied to the canceled Reservation(s) less the Service Fee from the Reservation Fee.), or (ii) may request immediate and cash payment to him.
If the Boat Owner cancels a confirmed Booking, the Service Provider may, at its sole discretion, assist the Guest in finding a new Boat, but the Service Provider may provide the Guest with a new Boat or in return for the canceled Booking. has no obligation to offer a compensation option.
In any event, the Service Provider is not responsible for the refund of any portion of the Full Booking Fee collected by the Boat Owner (or collected by the Service Provider and transferred to the Service Provider). If any part of the said price is to be refunded pursuant to this Agreement or SSS, only the Boat Owner will be responsible for such refund and the Service Provider will have no obligation to refund the relevant amount.
For the avoidance of doubt, the Boat Owner may cancel the Reservation if the Remaining Payment must be collected through the Site by the Timeout Date, if the Remaining Payment is not paid on time; in this case, any payment made by the Guest for the Reservation (Prepayment and any other payments) will not be refunded to the Guest, and from the Guest's Service Provider or Boat Owner – without limitation, as set forth in this Agreement / Conditions. no claims – including rights.
If the Guest does not receive the Boat, which is the subject of the Booking, without canceling the Reservation on the Website by the Timeout Date or notifying the Service Provider by e-mail until the same date, the Remaining Payment will be paid on the Entry Date. even if the Guest is responsible for the entire Booking Fee. In this case, the Boat Owner may claim the Remaining Payment.
The Service Provider, at its sole discretion, may cancel the Booking if the Boat Owner suspects that he or she will not be able to perform or incompletely performing the service related to the Booking, and in this case – without limitation – including the payments made regarding the Booking. may claim all kinds of damages from the Boat Owner.
If the Service Provider, at its sole discretion, suspects that the Boat Owner will not be able to perform or incomplete service regarding the Booking, and the Booking is canceled by the Service Provider and/or the Guest, if the Service Provider deems appropriate at its own discretion (i) the Guest' All amounts already paid by the Guest for the Booking, (ii) the difference between the rental of the alternative boat rented and/or to be rented by the Guest for the Rental Period and the Booking Fee, and (iii) the other losses incurred by the Guest due to the cancellation of the Booking. e can pay. In this case – in addition to the above provision – the Boat Owner shall immediately pay the Service Provider these amounts paid by the Service Provider to the Guest.
8. DELIVERY OF THE BOAT
8.1 Boat Owner's Failure to Comply with Delivery Rules
a. Late Delivery Without Force Majeure
In case of late delivery of the Boat to the Guest by the Boat Owner without any force majeure or late delivery of services related to Extra requests, the Boat Owner and the Guest will try to solve the problem among themselves. If an agreement cannot be reached, the Guest informs the Service Provider. If, without force majeure, the delivery of the Boat or the commencement of Extras services takes less than 6 (six) hours or one tenth of the Rental Period (whichever is the shorter), either (i) or the delay period will be added to the end of the Charter Period in case of late delivery of the Boat (to the end of the period during which the relevant Extra will be offered in case of late delivery of Teknevia Extra), or (ii) the portion of the Full Booking Fee corresponding to the delay in the delivery of the Boat. It will be returned to the Guest by the Owner. If, without force majeure, the delivery of the Boat or the commencement of Extra services takes longer than 6 (six) hours or one tenth of the Rental Period (whichever is shorter), at the discretion of the Guest (i) or The delay period will be added to the end of the Rental Period in case of late delivery of the Boat (if the Teknevia Extra is delivered late, to the end of the period during which the relevant Extra will be offered), or (ii) the portion of the Full Booking Fee corresponding to the delay in the delivery will be added to the Guest. e will be refunded, or (iii) the Boat Owner will be deemed to have returned from the MSS with effect, and the Guest is entitled to a refund of the remaining amount after deducting the Service Fee from the payments made through the Site. For the avoidance of doubt, the service provided by the Service Provider is to bring the Boat Owner and the Guest together, and with the establishment of the MSS, the Service Provider will be entitled to the Service Fee. For this reason, it is at the discretion of the Service Provider to refund the Service Fee to the Guest, even if the MSS is terminated or returned from the MSS after it has been installed. In case the Service Fee is returned to the Guest, the Service Fee will be cleared and/or deducted from the payments to be made for future Reservations to be received by the relevant Boat Owner, if the Service Provider so wishes. However, if the Service Provider wishes, it may request from the Boat Owner that the relevant Service Fee be paid immediately and in cash.
b. Late Delivery Due to Force Majeure
If the Boat Owner fails to deliver the Boat to the Guest on time due to force majeure (as defined in clause 21 below), and the Boat within 48 (forty eight) hours from the predetermined delivery time or one tenth of the Rental Period ( in which case the Boat Owner will refund the Full Booking Fee to the Guest corresponding to the delay, or if the Boat Owner and the Guest agree, the Boat Owner will extend the Rental Period by the delay period.
c. Failure to Deliver the Boat Due to Force Majeure
If, due to force majeure (as defined in clause 21 below), the Boat Owner returns the Boat to the Guest within 48 (forty eight) hours from the predetermined delivery time or within one tenth of the Rental Period (whichever is shorter). ) in this case, the Guest may accept that the Boat Owner has withdrawn from the Agreement. In this case, the right of the Guest shall be immediately refunded – without any interest, after the Service Fee is deducted from the payments made in accordance with this Agreement and the MSS. Alternatively, if the Boat Owner and the Guest mutually agree, the Boat Owner will extend the Rental Period by the delay period, or the Charter Period will be postponed to a mutually agreed time, or the Boat Owner will refund the Guest the Full Booking Fee corresponding to the delay. will.
If the reason why the Boat cannot be delivered by the Boat Owner due to force majeure is a situation that can be prevented by choosing another Boat, such as a Boat malfunction, the Service Provider may, at its sole discretion, assist the Guest in finding a new Boat. If an Alternative Boat can be found, and the Guest agrees to have this Boat delivered to them instead of the original Boat, the payments of the first Booking will be exchanged and/or deducted from the Booking Fee of the second Booking. However, if the Service Provider so wishes, it may request from the Boat Owner that the payments made in relation to the Reservation canceled by the Guest be paid immediately and in cash to the Guest.
d. Delivery of Another Boat
In case the delivered Boat is not the Boat whose details are provided in the Announcement, the Guest has the right to cancel the Booking without paying any cancellation fee. In order to take advantage of this right, the Guest must provide the Service Provider with photographs proving that the Boat advertised and the Boat received do not match the claim (Boat Owner shall send the photos to be sent by the Guest to the Service Provider and other documents and records of the Guest themselves. (Boat Owner) accepts, declares and undertakes in advance that it will be binding). Once the Guest has submitted photos in support of the required dispute, the Service Provider may, at its sole discretion, assist the Guest in finding a Boat with similar characteristics to the preferred Boat. If a new Boat is not found, the remaining amount will be refunded to the Guest after the Service Fee is deducted from the payments made through the Site. It is at the Service Provider's discretion to refund the Service Fee to the Guest. In case the Service Fee is returned to the Guest, the Service Fee will be cleared and/or deducted from the payments to be made for future Reservations to be received by the relevant Boat Owner. However, if the Service Owner wishes, he/she may request from the Boat Owner that the relevant Service Fee be paid immediately and in cash.
8.2 Guest's Failure to Comply with Delivery Rules
a. Failure of the Guest to Take Delivery of the Boat without Force Majeure
If the Guest is not ready to receive the Boat on the Check-in Date without canceling the Booking and without any force majeure, the Guest will be deemed to have canceled the Booking, the Service Provider will not refund the Guest, all payments made shall be deemed to have been collected as a cancellation fee.
b. Late Delivery of the Boat by the Guest without Force Majeure
If, by giving advance notice to the Guest Boat Owner, he/she will receive the Boat at a time (i) later than the Entry Date, (ii) within the Rental Period, and (iii) within normal business hours (“New Time”). In this case, the Boat Owner will deliver the Boat at this New Time. However, the Guest will not be entitled to a refund of any part of the Full Booking Fee due to the delayed delivery of the Boat in this way.
c. The Guest's Failure to Take Delivery of the Boat Due to Force Majeure
In the event that a Guest is unable to pick up the Boat due to force majeure, the Boat Owner generally offers the Guests one of 3 options: (i) All payments made by the Guest, including the Advance Payment, the Remaining Payment and the Booking Fee. After deducting the Service Fee from the payments, the remaining amount will be refunded to the Guest by the Boat Owner, (ii) Reservation will be postponed to a later date – in accordance with the rules explained below, (iii) including the Prepayment, Remaining Payment and Booking Fee at the option of the Guest. After deducting the Service Fee from all payments made by the Guest, the remaining amount will be refunded to the Guest by the Boat Owner or the Reservation will be postponed to a later date – within the framework of the rules explained below. Postponing the reservation to a later date within the framework of options (ii) and (iii) above, will be as follows: One of the available dates within the following 2 seasons proposed by the Boat Owner to the Guest will be selected by the Guest. The Boat Owner will suggest at least 6 different dates to the Guest. While determining the proposed dates, the Boat Owner will also consider the months in which the Boat should be chartered in accordance with the first Booking (“Reservation Months”). In this context, at least 2 of the dates suggested by the Boat Owner will be included in the Booking Months within the 2 following seasons (for example, if the Booking was originally made for July, 2 of the suggested dates will be in/in the July/months of the 2 following seasons. will take). If the Boat Owner does not propose an alternative date in accordance with the rules written here, the fee will be refunded as described above. If the Boat Owner does not specifically select one of these options on his "account page", the option numbered "(iii)" will be deemed to have been selected automatically. Whether or not to refund the Service Fee is at the sole discretion of the Service Provider. If the reservation is postponed to a later date, there may be differences in the Reservation Fee and other fees/fees. These fee differences (the differences between the prices/fees determined for the first Booking and the fees/fees to be applied for the changed date) shall be borne by the Guest.
In case the reservation is postponed to a later date due to force majeure, the liability of the Service Provider is limited to a 12-month period and 1 postponement. In case the delay exceeds 12 months or there are two or more delays, the Guest and Boat Owner do this among themselves. The Service Provider is under no obligation to make any effort to reach an agreement on such matter, and an agreement on this matter will be considered a relationship independent of the boat charter relationship established through the Service Provider's Services. The Service Provider is not responsible for the delays agreed between the Guest and the Boat Owner, without any force majeure, and the Service Provider rejects its responsibility for the reservation that occurs after such a delay, to the fullest extent permitted by law.
In any case, in order for the postponement option to be used, the Guest must notify the Service Provider on which dates they can charter the Boat. Otherwise, the Guest cannot benefit from this right and the Service Provider will not be responsible for organizing the postponement.
8.3 The Service Provider is not responsible for the Refund of the Booking Fee
Under this clause 8 titled “Delivery of the Boat” (or – without limitation – any other provision of this Agreement, including clauses 6, 7 and 9), or under the MSS, the Booking Fee and / or if it is stated that any part of the Full Booking Fee will be refunded to the Guest, the said refund will be made by the Boat Owner. The Service Provider is not responsible for the return in question.
The Guest accepts in advance that the payments made through the Site are transferred to the Boat Owner and therefore these payments cannot be refunded by the Service Provider.
In case such a refund is mandatory, the Service Provider may try to support the Guest if he/she wishes. In this case, in order for any amount to be refunded by the Service Provider to the Boat Owner, the said amounts must first be paid by the Boat Owner to the Service Provider.
Without implying any liability for the Service Provider, the Service Provider may - at its sole discretion - refund this amount to the Guest before the relevant amount is paid to him by the Boat Owner. In this case, the Boat Owner shall compensate the Service Provider for the amounts paid by the Service Provider to the Guest.
9. SITUATIONS THAT MAY OCCUR AFTER BOOKING
Selling the Boat
In the event that the Boat that is the subject of the Advertisement or other vehicles required for the performance of the service offered in the Advertisement, is subject to sale, as soon as such a possibility arises, the Boat Owner Service will be provided separately before and after the relevant sale transaction. Notifies the Provider immediately.
If the Boat is sold to a third party (“Third Party”) after the MSS has been approved and installed by both the Guest and the Boat Owner, one of the following provisions will apply:
i) The Boat Owner will ensure that the Third Party complies with and performs all the Boat Owner's obligations under the following documents: (a) MSS, (b) this Agreement and (c) agreements between the Boat Owner and the Service Provider. In this case, the Third Party, as the Boat Owner's performance assistant, will ensure the performance of the Boat Owner's debts, and the Boat Owner will continue to be responsible for the full and proper performance of all debts.
ii) If the Third Party is unable or unwilling to perform the debts listed above, the Boat Owner will propose a new boat (“New Boat”) to the Guest for use during the Rental Period. In this case, the Boat Owner will cover all fees and expenses related to the use of the New Boat by the Guest during the Rental Period (expenses that must be covered by the Guest within the framework of the initial Booking are not included in this rule, such expenses will also be borne by the Guest).
iii) If the Third Party does not have the opportunity to perform the debts specified in this Agreement and the MSS, or does not want to do so, and the Guest does not want to use the New Boat during the Rental Period, then the Boat Owner will pay the part of the Full Booking Fee already paid. It will return it to the Guest and will also compensate the Guest's expenses – such as travel and accommodation expenses – to collect the Boat on the Check-in Date. In this case, it is at the discretion of the Service Provider to refund the Service Fee to the Guest.
Boat Owner's Right to Sufficiency Check
By chartering a Boat without a Captain, the Guest provides the Boat Owner and Service Provider with the necessary documents, licenses and other permits required by law to operate and captain the Boat, as well as the necessary documents required to operate and captain the Boat. declares and undertakes that it has the ability and competence.
Before the Boat Owner (chartered without the captain) delivers the Boat or at the time of delivery of the Boat, the Guest may (i) check that the Guest has such legally required documents, licenses and other permits, and (ii) the Guest He/she agrees that 's/he may check (ie, test the Guest within this framework) that he/she has the necessary skill and competence to use the Boat and to be the captain of the Boat.
If the Guest does not hold the documents, licenses and other permits required by law to operate and captain the Boat, or if the Boat Owner - at his sole discretion - the Guest may use and captain the Boat. If the Boat Owner determines that he does not have the necessary skill or competence to do so, the Boat Owner may request the Guest not to sail on the Boat without a professional captain – all fees and expenses borne by the Guest. In this case, the Boat Owner will make reasonable efforts to find a professional skipper for the Boat and the Rental Period. For the avoidance of doubt, the Boat Owner is not obligated to find a captain.
In this case, if the Guest does not hire a professional captain for the entire Charter Period, (i) the Guest can use the Boat without cruising with the Boat, in other words, the Boat cannot leave the place where it was delivered and (ii) the Guest cannot sail with the Boat. cannot request a refund of any part of the Full Booking Fee.
Captain's Directions, Supervision of Children and Pets While Cruising
If the Boat is chartered with a captain, the Guest and all the guests on the Boat will accept and comply with all decisions and instructions given by the captain regarding / aiming at the safety of the Boat, the Guest or the guests. In this context, the Guest accepts that the Captain can determine / change the course of the course in order to avoid unsafe conditions.
If there are children on the Boat, the Guest undertakes to ensure that these children are always under the supervision of an adult or an adult among the guests on the Boat, and the Guest accepts that he and the adult guests are responsible for the safety of the children on the Boat.
Unless it is stated in the Ad details that pets are accepted, the Guest shall ensure that no pets or other animals are allowed on the Boat without the prior written approval of the Boat Owner.
In overnight rentals, the Boat Owner (without limitation) may request the Boat to return to the Departure location at the last evening and stay moored there for reasons such as the completion of refueling and/or exit procedures. At the Departure location, the Guest may stay on the Boat until the Departure time of the next day (ie Departure day).
Boat Breakdown or Failure
If, at any time after the delivery of the Boat, the Boat becomes inoperable for a reason such as the breakdown of any equipment/mechanism, grounding or collision, or for any other reason, and this situation is of such a nature as to prevent the Boat from sailing: if this continues continuously between 12 (twelve) hours and 48 (forty-eight) hours, or between 12 (twelve) hours and one tenth of the Rental Period (whichever is shorter) and the said inoperability If the situation is not caused by any action or fault of the Guest, the Boat Owner will refund the Full Booking Fee – corresponding to the period of inactivity of the Boat – to the Guest. If the Boat Owner and the Guest mutually agree, the Rental Period will be extended for the period that corresponds to the time the Boat is inoperative, instead of a refund.
If the Guest wishes to benefit from this clause (if the Boat is chartered with a captain), he/she shall notify the captain, the Boat Owner or the Service Provider. The Guest shall not be liable for any extra costs related to the inability of the Boat to move. However, the Guest will continue to bear the normal costs of the boat downtime.
If the Boat becomes completely unusable – without any fault of the Guest – or if the Boat becomes inoperable within the framework described above and this situation lasts for more than 48 (forty eight) hours continuously or one tenth of the Rental Period (whichever is shorter). The Guest may terminate the distance sale contract (ie MSS) by giving written notice to the Boat Owner, Service Provider or (if the Boat is chartered with a captain) to the captain.
Within 2 (two) days after such termination, the Boat Owner will refund a certain portion of the Full Booking Fee to the Guest – without incurring any interest. In this context, the part of the Full Booking Fee corresponding to the remaining part of the Rental Period after the moment of complete unusable or inoperable will be refunded by the Boat Owner. After such a termination, the Boat will be returned when the Guest leaves possession of the Boat, that is, leaving the Boat where it is.
The Guest may request compensation from the Boat Owner for the expenses incurred by him and his guests for the Boat to reach the place to which it would normally be returned, and for its reasonable accommodation.
If, after the delivery of the Boat, the Boat or any equipment on the Boat or any equipment/mechanism of the Boat breaks down for any reason, if (i) the said breakdown/defect does not prevent the Boat from sailing safely, and (ii) if such breakdown/defect is not due to the fault of the Guest, then the Boat Owner will be obliged to refund a portion of the Full Booking Fee to the Guest, and the Service Provider will be liable to refund the said Boat Owner to the Guest. It will determine the amount to be paid – at its own discretion.
Late or Early Return of the Boat
a) If the return of the Boat by the Guest to the Boat Owner is delayed due to force majeure, the return of the Boat will take place immediately after the force majeure in question ends, and the terms of the MSS will continue to apply during the intervening period. No fees or penalties will be applied.
b) If the Guest does not return the Boat to the Boat Owner at the place of return and at the stipulated Departure time for any reason other than force majeure, in this case, the Guest Boat Owner will be notified of the “Boat's daily/hours” for each delayed day/hour until the return of the Boat. hourly wage plus 50% (fifty percent) of the daily/hourly wage.
In addition, the Guest bears all expenses related to the use / operation of the Boat, which are not included in the Full Booking Fee according to the Advertisement. In addition, all losses and expenses incurred by the Boat Owner due to the lack of delivery of the Boat or the delay in delivery or the cancellation of the next reservations / charters will be compensated by the Guest.
For the avoidance of doubt, the Boat will be returned by the Guest where the Boat was delivered to him on the Check-in Date, unless otherwise agreed in writing by the Guest and the Boat Owner.
After the Boat is received on the Check-in Date, no part of the Full Booking Fee will be refunded to the Guest, even if the Guest returns the Boat earlier than the Departure Date specified in the Booking.
10. PRIVACY
The privacy rules in this Agreement apply to the information we collect about:
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Members of our Site;
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Boat Owners and Guests covered by our Services;
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People who do business with us
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Users of the Website
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Information we collect about you
When a Boat Owner, Guest and any person doing business with us requests to use our Services, we ask You for your name, address, e-mail address, telephone number, credit card number, account number and last date, within the limits permitted by applicable law. We collect some personal information including expiry date. We use this information as follows:
We collect this information to process your registration, to process any Bookings you make, and to provide the Services requested. The relevant information is then used by us, ÖHS, our agents and/or subcontractors to provide the Services.
We may also use aggregate information and statistics to monitor Site usage in order to improve the Site and Services. This information will not include information that can be used to identify you.
From time to time, we may provide information to customer service agencies for research and analysis purposes in order to monitor and improve our Services. We or ÖHS, the agencies and subcontractors we work with can contact you by mail, e-mail and telephone and request feedback on our services.
We will use 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.
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. Most of the time, this information will not identify you personally.
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:
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To remember you every time you visit the Site
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Speeding up access to the Site (so you don't have to log in every time)
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Storing your personal preferences
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Creating a profile about you
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More accurately target our marketing and advertising campaigns
The vast majority of Internet browsers allow the use of cookies. However, you can prevent cookies from being accepted by changing your browser settings. By doing so, you may lose some features of the Site.
Pursuant to Article 7/1 of the Law on the Protection of Personal Data No. 6698, “Although it has been processed in accordance with the provisions of this Law and other relevant laws, personal data is deleted, destroyed or anonymized by the data controller ex officio or upon the request of the data subject, in case the reasons requiring processing are eliminated. ”
Within the framework of article 7 of the KVKK, you can request the deletion or destruction of your personal data from our company. You can send your request on this matter to our company by e-mail to the e-mail address of our company written below or in writing to the address of our company written below.
E-mail address: info@teknevia.com
Address: ÜNIVERSITE MAH. SARIGÜL SOKAK B BLOK NO:37/1 iCKAP| No: 3 AVCILAR/iSTANBUL
11. INTELLECTUAL AND INDUSTRIAL PROPERTY
Service Provider respects copyright laws and expects its users to do the same. Disconnecting Teknevia Accounts or Members from the Site, which violates or is believed to violate the rights of copyright or other intellectual property or industrial property right holders, is part of our policy and site practice.
The property of all images, content, texts, pictures, videos, software and other elements provided on the Site belongs to the Service Provider or the third party accepted by it. As a member, you acknowledge and agree that this Site contains proprietary information and other elements protected by applicable intellectual property laws and other laws. In addition, the content, information such as text, graphics, logos, icons, photographs and software presented to you through the Site and the way they are organized and combined belong to the Service Provider or its content providers or third parties accepted by the Service Provider and are copyrighted. are protected by trademarks, service marks, and patents or other proprietary rights and laws.
By placing it on the Site, the Service Provider shall not be deemed to have granted the license or permission of any of its copyrighted materials, images, content, texts, pictures, videos, software and other elements to any of its users. In addition, except as provided herein, no material, image, content, text, image, video, software or other element may be used in any form, electronically, mechanically, photocopying, recording or otherwise, without the written permission of the Service Provider or the copyright holder. May not be copied, reproduced, distributed, republished, downloaded, displayed, shared or transmitted in any form.
12. USER BEHAVIORS
The Guest and Boat Owner accept, declare and undertake the following:
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will not use the Site to upload and spread viruses, corrupted files or any other similar software or programs that will disrupt the operation of someone else's computer;
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will not interfere with or disrupt the Site or any network connected to the Site;
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will not attempt to prevent the Site or the functions offered by the Site from working properly, and will not use any devices, software or routines that may cause this;
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will not take any action that will place an unreasonably and disproportionately large load on the Service Provider's infrastructure;
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Not to use this Site to collect and store information about other users of the Site, including financial information;
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Not to impersonate any person or institution other than himself or to misrepresent or represent the Boat Owner's or Guest's relationship with a person or institution;
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not to use the Services, products or downloadable data on the Site for illegal purposes;
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Comply with all regulations, policies and procedures regarding the Site and the networks connected to the Site.
13. SUSPENSION, TERMINATION AND FREEZE
Including that, as a Boat Owner or Guest, the Service Provider may, in its sole discretion, block your access to the Site, believe or persuade the Service Provider that you have violated these Terms & Conditions or acted inconsistent with the Terms. You agree that it may disable the username and password associated with you for any reason. Changing (or part of) the Service Provider Services at any time or from time to time, temporarily or permanently, with or without notice (for a single Member, multiple Members, or all Members) or reserves the right to be removed.
The Service Provider reserves the right to terminate any membership at any time, at its sole discretion and without giving any reason. You agree that the Service Provider shall not be liable to You or any other third party for the modification, suspension or removal of the services provided on the Site.
Members can freeze their Teknevia Account at any time. In this case, the Member should apply to the ice cream section of the Site. Any Booking Request, if any, that has not been Confirmed will be cancelled; in the case of a confirmed Booking, the said freezing will take place upon the expiration of the Rental Period and all its related consequences, and in addition to the expiration of all related obligations.
Suspension of the membership will not cause the deletion of reservations made in the past or the termination of the rights and obligations arising from the Agreement until the date of account freezing. Reservations made in the past and all rights and obligations arising from the Agreement and provisions that by their nature should remain in effect will remain in effect even if the Agreement has expired. Teknevia Account is not allowed to be deleted.
In addition to all arrangements, the Service Provider may, at any time, at its sole discretion and without obligation to pay any compensation, partially or completely remove the Site (for a single Member, multiple Members or Members). may stop providing all or part of the Services.
In order to protect the rights of the guests and ensure their satisfaction, Teknevia has determined some rules in addition to the measures taken in the Membership and Usage Agreement, Distance Sales Agreement and Money Transfer Agreement and other agreements.
If you, as a boat owner, violate these rules, you will be subject to criminal penalties commensurate with the customer dissatisfaction caused by the violation. If deemed necessary, the suspension periods specified below are authorized to be extended or shortened by Teknevia company alone.
Except for the suspension sanction, the requests and demands of the parties against each other are the responsibility of the parties. Teknevia does not assume any legal responsibility.
As the boat owner, you are expected to fulfill a reservation you have accepted in accordance with the specified conditions. If you cancel a reservation you have made other than force majeure, your account will be suspended for 6 months. During this time you are expected to fulfill other reservations already made. In case the member makes a legal claim against the damages arising from the cancellation, the said request is the responsibility of the boat owner.
Boat owner and crew are expected to take care of their communication with guests. In case of a disgraceful crime committed by the Crew and Boat Owner, you will be removed from the teknevia.com system indefinitely.
In case the boat owner or crew makes inappropriate contact with the guests, makes physical contact in a disturbing manner, or engages in racist, threatening, discriminatory, moral and social unlawful discourses and behaviors, as a result of the evaluation made, the teknevia.com account will be kept for a period of not less than 6 months. is suspended.
In the event that you serve with a captain or crew that does not have the required minimum license, experience and competencies as a boat owner, your teknevia.com account will be suspended for a period of not less than 3 months, but in any case, until the relevant deficiency is completed.
If you, as the boat owner, try to go out of the tekvia.com reservation process, share your contact information with the member, or direct the customer to charter from a different platform or channel, your teknevia.com account will be suspended for 6 months. In addition, if the reservation that the member is willing to make is canceled, 20% of the selected reservation price will be paid to the company as a temptation penalty.
If the guests create a request for your advertisement and you as the boat owner approve this reservation request, you cannot make any upward changes in the reservation price and other price components. If you try to revise the price upwards for a reservation request that you have approved, the calendar of your related advertisement will be closed for 1 month.
In the event that you act to endanger the safety of the guests, your teknevia.com account will be suspended for a period of not less than 3 months as a result of the investigation.
In case you go out of the route determined as the owner of the boat or cancel the route you have committed without giving any reason, the calendar of your related announcement will be closed for 1 month.
In the event that there are more people on the boat than those specified in the employee category, and other people are present without the request of the customers, the calendar of your relevant advertisement is closed for 3 months.
If you, as the owner of the boat, try to provide service with a different boat than the one stated in the advertisement and the guest does not accept this change, your account will be suspended by teknevia.com for 6 months.
If you, as the boat owner, deliver the boat to the guest more than 4 hours later, except for force majeure, the calendar of your related announcement will be closed for no less than 1 month. If you do not deliver the boat to your guest, except for force majeure, your teknevia.com account will be suspended indefinitely.
As the boat owner, you are responsible for the accuracy and completeness of the information regarding your advertisements on tekvia.com. If customers encounter any problems due to incorrect or incomplete information, your advertisement will be suspended for no less than 3 months. If the information on the basic boat features such as length, guest capacity and onboard facilities on the site that cannot be completed later is incorrect, the announcement is suspended for 6 months.
If you cancel the option you have given without giving a valid reason, your teknevia.com account will be suspended for 1 month.
If the guest's communication requests are not answered for more than 24 hours without a valid reason after the reservation is made, the calendar of your relevant advertisement will be closed for 1 month.
If your guest is exposed to disturbing unhygienic conditions (very strong odor, vermin, poisonous and stinging insects, fleas or parasites, etc.), your ad will be suspended for no less than 6 months, but in any case until the related problem is resolved.
After the guest's reservation process is over, if you contact the guest again based on the boat score and evaluation received from the guest, your teknevia.com account will be suspended for 3 to 6 months.
As the boat owner, the loading of the boat on the site, the selection of the services of the tour, the terms of use and the cancellation policies are chosen by the boat owner, so the services specified in the tour approved by the customer must be provided in full. A suspension of 6 months will be imposed due to deficiencies in this regard. In addition, the boat owner is responsible for service defects that have monetary value and exceed reasonable measures. Boat owners have to meet the customer's return requests.
Boat owners who do not comply with the above rules and who are subject to penal sanctions will have their Instant Reserve Boat Status reduced for no less than 3 months, during the period when the penalty is applied, and their advertisements will not be highlighted in any medium by teknevia.com.
14. VARIOUS WARNINGS
If you choose to use the Services, you do so at your own risk. The Service Provider is not required to perform background or reference searches for any Member, including Guests and Boat Owners, but may, at its sole discretion, perform such background and/or reference searches. The Services and Content are provided “as is” without warranty, expressed or implied.
Without limiting the foregoing, the Service Provider is not responsible for the merchantability of any product or service or the availability of any revenue, the fitness of any service or product for any purpose, or the lawfulness of any business or transaction or infringement of the rights of third parties. does not make any statement or commitment to any User, Member or other person.
The Service Provider does not make any commitments to the Members or other persons that the Services and Content, including Posts, Extras and Boats, will meet your needs or that they will be in use uninterruptedly, securely, or error-free.
The Service Provider does not make any commitments regarding the quality of Postings, Extra Services, Boats, Services or Content or the accuracy, timeliness, authenticity, completeness or reliability of any content obtained through the Services. No verbal or written advice or information received from the Service Provider or through the Services will create any commitment or obligation not expressly stated herein.
From all communications and interactions with Members and other people you come into contact with or interact with as a result of using the Services, including Boat Owners and Guests, especially if you decide to meet with them offline or face-to-face, whether that meeting is organized by the Service Provider. independently, you alone are responsible.
You agree that Service Provider does not attempt to verify the accuracy of the statements of any user of the Site or Services, or to review or audit any Boat or Extra Services. The Service Provider does not make any representations or warranties regarding the behavior of users of the Site or Services or their compatibility with current and future users of the Site or Services.
The Service Provider expressly disclaims all liability for the acts or omissions of any Guest, Boat Owner or a third party, even if the Service Provider acts as an intermediary for the Boat Owners to collect payments from the Guests. or any third party or breach of any contract/agreement (including, without limitation, this Agreement and the MSS). The Service Provider expressly disclaims all liabilities regarding all taxes, fees or penalties that the Guest and Boat Owners are responsible for paying, and is not liable for any taxes, fees or penalties that the Guest and Boat Owners are responsible for paying.
Each Member, due to his own actions or omissions (including – without limitation – non-payment of any tax or other public debt, non-performance or incomplete performance of any debt to a third party) In case of any damage, you declare and undertake to the Service Provider that the Service Provider will indemnify all kinds of damages.
15. LIMITED LIABILITY
The Service Provider is not responsible for any damage suffered by the members or other site users. The service provider is not responsible for any amount that members or other site users are obliged to pay to any person for any reason.
The Service Provider is not liable for any damages incurred by any site user, member or other person, even if it is caused by intent or negligence.
Service Provider or its directors, board of directors, directors, and/or employees, and or their servants and/or agents and/or shareholders may die from death or injury or damage or cancellation of reservations or Boat Owner's negligence or whatever is not liable for any delays or damages arising from the Boat Owner's behavior or violations whatsoever.
In the event that the Boat Owner and the Boat are damaged by users of the Site or third parties, and suffer economic loss or other damage, the service provider and/or its managers and/or board members and/or managers and/or employees, and /or its servants and/or agents and/or shareholders shall not be liable for any such damage, loss or damage (including compensation for such damage, loss or damage).
16. ANNOUNCEMENTS AND BINDING
All notices, warnings and communications permitted or deemed necessary herein, including the modification of these Terms, will be sent by the Service Provider (i) by e-mail (in any case, to the e-mail address you have provided) or (ii) on the Site. will be published and shared. For notifications made by e-mail, the date the e-mail is sent will be considered the date the notification is delivered. By using this Site, you declare and undertake to the Service Provider that you will follow the announcements on the Site and be informed about them.
The Guest and Boat Owner are obliged to follow up the notifications made via e-mail or on the Website regarding a Reservation. These notifications are valid as of the date they are made and are deemed to have been received and read by the recipient. If there is a disagreement regarding the information contained in the notifications made, it is the responsibility of the Guest and Boat Owner to notify the Service Provider as soon as this situation arises.
17. Force Majeure
Natural disasters, threats of war, 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 event beyond the control of the Service Provider. not liable for (s).
For the purposes of this Agreement, force majeure may be of a nature to prevent any vessel from sailing (i) beyond the reasonable control of the Service Provider, Boat Owner, crew and Guest, and (ii) which such persons could not have anticipated and in any event (iii) of a similar nature. events, incidents, accidents or natural events (such as – without limitation and in any case (i) not due to the fault of the Boat Owner, crew, Guest or Service Provider and (ii) unforeseen – strikes, lockouts) , riots, social unrest, acts of terrorism, blockade and occupation, war, fire, explosion, sabotage, storm, collision, stranding, fog, administrative procedures and regulations, contaminated fuel consumption).
Crew changes that are not based on these reasons, delays caused by the shipyard and previously foreseeable weather conditions do not constitute force majeure. In addition, personal impossibility does not constitute force majeure. The party that cannot perform its debts due to force majeure cannot be held responsible for this delay and/or non-performance.
18. RIGHT OF WITHDRAWAL AND TERMINATION
Consumers' right of withdrawal pursuant to the relevant provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts (a) goods prepared in line with the wishes or personal needs of the Advertiser and/or User, (g) accommodation, transportation of goods that must be made on a certain date or period , car rental, food and beverage supply and leisure time for entertainment or recreation purposes, (h) services performed instantly in electronic environment or contracts related to intangible goods delivered instantly to the Advertiser and/or User.
The service provided by the Service Provider may also mean that the Boat Owner offers the Boat or Teknevia Extra Services pursuant to the MSS, “accommodation, transport of goods, car rental, food and beverage supply and entertainment or Members do not have the right of withdrawal regarding the products and services purchased through the Site (including, without limitation, all kinds of Extras and Boat rentals) since they are services related to "the use of leisure time for the purpose of rest".
Even if the Guest returns the Boat earlier than the Departure Date specified in the Booking, no part of the Full Booking Fee will be refunded to the Guest.
19. APPLICABLE LAW AND AUTHORIZED COURT
This Agreement is subject to the Laws of the Republic of Turkey and is interpreted in accordance with the Laws of the Republic of Turkey, Istanbul (Central) Courts and Enforcement Offices will be authorized in disputes related to and arising from the Agreement. However, the mandatory provisions of the law on consumer disputes are reserved.
The English version of this Agreement has been prepared for information purposes only, and in case of any conflict or difference between the English version of this Agreement and the Turkish version, the Turkish version will be applied.