Teos Marina A.S. Operating Regulations
SECTION 1: DEFINITIONS
Article 1: As contained in these regulations,
a) TEOS MARINA A.S. means the marina facility jointly operated by the Kolin group of companies;
b) MARINA MANAGEMENT means the company and the marina which are of the MANAGEMENTs as contained in the definition of Teos Marina A.S. and whose tradenames are included in the Marina Mooring-Lifting and Launching Contract which is an annex to these regulations;
c) MARINA SECURITY ZONE means any jetties, wharfs, breakwaters, filling areas, car parks, gas stations and boat yards where BOATs are moored and separated from public areas by means of security fences and/or railings;
d) MARINA means the whole land and sea area of Teos Marina A.S.;
e) BOAT means any sea BOATs which have been built in the yacht form, which are used for cruising and sports, which are not of cargo and passenger liner category, which are specified as “Commercial Yacht” or “Private Yacht” in their respective measurement (weight) certificates and which have been duly and legally registered with the competent authority of the country whose flag they bear and which may be steered at sea;
f) BOAT OWNER means legal entities or natural persons who are individually or collectively registered as the SHIPPER in the certificate of the BOAT or any legal entities or natural persons whom the shipper has authorised or any skippers whom the shipper has authorised or any other natural persons;
g) BOAT CREW means any people who are authorised to be available on board the BOAT by the BOAT OWNER and/or who render services on board the BOAT (other than the clients or those who render temporary services to the VESSLE from the outside);
h) BOAT GUEST means those people who are brought in or sent to the MARINA to make use of the BOAT by the BOAT OWNER;
i) VEHICLE means any and all work machines such as land vehicles, cranes, etc. as owned by those people who perform works for the BOAT OWNER, his guests, crew or BOAT;
j) TECHNICIAN means any people such as master workers, service agents, etc. whom the BOAT owners send or bring to perform repair and maintenance works on the BOATS by notifying the MARINA MANAGEMENT in a written or verbal form;
k) BOAT LENGTH means the horizontal overall length (LOA) of the BOAT between the aftmost point except the davit (if any) at the stern and the foremost point except boom (if any) at the prow on the central line in the fore and aft direction on the BOAT’s deck;
l) BOAT WIDTH means the maximum beam (Bmax) of the BOAT horizontally perpendicular to the fore and aft central line.
To clarify the term “authorised” as contained in the paragraphs (f) and (g) of this present article, the person who holds the documentation of the BOAT is authorised to enter into a contract with the MARINA MANAGEMENT on behalf of the BOAT OWNER; to serve and be served any written and verbal notices of the MARINA MANAGEMENT and to make any necessary payments. The provisions of the article 6 hereof are reserved.
SECTION 2: PURPOSE and SCOPE
Article 2: These regulations regulate the principles of management of TEOS MARINA.
Article 3: Provisions of these regulations shall be applicable to any and all people, sea and land vehicles that shall utilise TEOS MARINA.
Article 4: BOAT OWNER is deemed to have now agreed that he and those people and entities as defined in the article 1 above shall comply with the provisions of these regulations and to the decisions of those people who are authorised under these regulations.
SECTION 3: LEGAL GROUNDS
Article 5: These regulations have been issued pursuant to the article 13 of the Yacht Tourism Regulations as published in the 27298 numbered Official Journal dated 24th July 2009.
SECTION 4: UTILISATION OF THE MARINA
Article 6: MARINA MANAGEMENT may not allow those people, companies, vehicles and sea vehicles whose actions and conducts violating the provisions of these regulations to enter the MARINA and/or may cease providing services to them. MARINA MANAGEMENT may not be held responsible for any loss and damages which may occur to those parties who shall be affected by such condition.
Article 7: It is the MARINA MANAGEMENT’s discretion to allow any BOATs other than any private and commercial yachts as specified in the paragraph (c) of the article 4 of the Yacht Tourism Regulations to enter or be beached at the MARINA zone.
Article 8: BOAT OWNER must submit the tonnage certificate of the BOAT to the Marina Office and sign the contract on the day when he enters the MARINA. He is obliged to give any required information in a complete and correct manner in the contract.
Article 9: Those BOATs which shall utilise the MARINA must have a seaworthiness certificate and be in a fully equipped and self-navigable condition. BOAT OWNER is responsible for the BOAT’s skipper and crew to hold valid and proficient licenses.
Article 10: BOAT OWNER is jointly and severally responsible for the conducts and actions of all the people who are of crew, client and guest nature who are present on board his BOAT.
Article 11: BOAT OWNER now agrees that the MARINA MANAGEMENT is authorised to remove the BOAT Skipper and the BOAT Crew whom he shall assign to work on board his BOAT from the marina if the he has failed to provide the MARINA MANAGEMENT with written information about such people. BOAT OWNER now agrees and undertakes that he shall not hold the MARINA MANAGEMENT responsible for any loss and damages which shall arise from the removal of such people from the marina.
Article 12: BOAT OWNER must learn the legislation concerning such matter as his, his BOAT’s, BOAT crew’s and BOAT client’s coming in and/or departing from the Turkish Territorial Waters, their navigation in the Turkish Territorial Waters and their staying in Turkey, the BOAT’s being left for wintering and/or ceasing to winter in the Marina, his leaving Turkey by any vehicle other than his BOAT; to prepare any valid documentation; to take any and all necessary measures and to provide the MARINA MANAGEMENT with information on such matters in due time. MARINA MANAGEMENT may not be held responsible for any difficulties which the BOAT OWNER shall encounter and any losses which he may incur due to the legislation.
Article 13: BOAT OWNER must provide the MARINA MANAGEMENT with information about any Technicians whom he shall call from the outside of the Marina to perform any maintenance and repair works on board his BOAT and obtain permission therefrom and fulfil any formalities regarding the entrance of such people to the Marina and prepay for the Master Worker entrance fee which
to has been fixed by the MARINA MANAGEMENT. BOAT OWNER now agrees and undertakes to be responsible for any and all loss and damages which such people shall incur in the Marina. If he fails to fulfil any necessary formalities, those people who are determined to be on board the BOAT shall be removed from the Marina by the MARINA MANAGEMENT. BOAT OWNER now agrees and undertakes that he shall not hold the MARINA MANAGEMENT responsible for any loss and damages which shall be incurred due to the removal of such people from the Marina and that in such a case he shall forthwith pay twice the Master Worker Entrance Fee as a penalty.
Article 14: Some of the fees for the basic and extra services rendered by the MARINA MANAGEMENT are indicated in the Marina price list. It is not mandatory that all the applicable fees should be indicated in the printed price list and the fees for the Marina services may be re-fixed according to the requirements of the MARINA MANAGEMENT.
Article 15: BOAT OWNER now agrees and undertakes to pay the consideration for any and all services rendered to the BOAT and to him by the MARINA MANAGEMENT at the values as fixed by the MARINA MANAGEMENT within the period and under the conditions as determined by the MARINA MANAGEMENT. In case payments are not made as stipulated in this present article, then the BOAT OWNER now agrees that the MARINA MANAGEMENT is entitled to apply to the relevant service the highest one of the prices as fixed for such service and to claim a late charge and that it may exercise such entitlement at any time.
Article 16: Any BOAT which shall utilise the Marina must be fully equipped, be self-navigable, be seaworthy in a manner protected against any and all weather and sea conditions, be free from any elements which contaminate the natural environment and/or be equipped with such equipment which shall protect the environment. It is in the MARINA MANAGEMENT’s discretion whether or not it shall allow such BOATs not complying with the foregoing conditions to enter the Marina zone.
Article 17: BOAT OWNER is responsible for the BOAT Skipper and each of the BOAT crew to have a valid and adequate seaman certificate and for any and all consequences thereof for the BOAT’s manoeuvring within the Marina.
Article 18: BOAT which shall utilise the Marina must maintain a valid and adequate third party liability insurance which covers the BOAT OWNER, BOAT CREW and BOAT Guests. Any insurance policies which shall expire within the period of time as designated in the mooring contract must be renewed in due time by the BOAT OWNER. Otherwise, MARINA MANAGEMENT is entitled to terminate the mooring contract of the BOAT and to remove the BOAT from the Marina.
SECTION 5: MOORING AND LIFTING RESERVATIONS, CANCELLATION TIMES AND CONDITIONS
Article 19: Reservation claim communicated by the BOAT OWNER is finalised upon the marina management’s confirmation once the advance payment enters the records of the marina. Reservation advance is 30% of the total price of the service to be received.
The following rules are applicable in case or reservation cancellation:
a. In case the reservation is cancelled 90 days prior to the effective date of the contract, all of the advance payment is refunded.
b. In case the reservation is cancelled 90 – 60 days prior to the effective date of the contract, 75% of the advance payment is refunded.
c. In case the reservation is cancelled 59 – 31 days prior to the effective date of the contract, 50% of the advance payment is refunded.
d. In case the reservation is cancelled 30 days or less prior to the effective date of the contract, no amount is refundable.
e. Reservation made may not be assigned to another BOAT.
f. A written application is filed with the marina directorate not later than 60 days prior to the effective date of the contract so that the reservation may be assigned to another year.
SECTION 6: MOORING-LIFTING AND SERVICING CONTRACTS AND PAYMENT OBLIGATION
Article 20: Mooring Land Parking and Lifting and Launching fees are prepaid. Land Parking Mooring and Lifting and Launching fees are calculated taking into account overall length and width of the BOAT as well as the unit prices and conditions in effect as of the date when the related contract is executed. The unit prices and other conditions for Land Parking Mooring and Lifting and Launching are indicated in the price list as issued by the MARINA MANAGEMENT. Mooring time is calculated by the principle “minimum daily use is 24 hours” and the number of overnights.
Article 21: In order to determine the overall length and width of the BOAT, the employees assigned by the MARINA MANAGEMENT perform measurements on board the BOAT in accordance with the principles as stipulated in this present article. BOAT OWNER must allow such employees to perform the measurement on board the BOAT. Overall length is the horizontal distance between the aftmost point except the davit (if any) at the stern and the foremost point except boom (if any) at the prow on the central line in the prow-stern direction on the BOAT’s deck. Width is the broadest distance of the BOAT horizontally perpendicular to the prow-stern central line.
Article 22: Mooring fee is calculated by taking into account the contractual period as stated in the mooring contract. BOAT OWNER now agrees and undertakes that in cases where the mooring fee is not prepaid, the mooring fee concerning the utilised mooring time shall be calculated taking into account the daily unit price as indicated in the price list. In case the Land Parking and Lifting-Launching fee is not prepaid, the MARINA MANAGEMENT does not provide such service. BOAT OWNER now agrees and undertakes that the MARINA MANAGEMENT shall not by any means be held responsible for any loss and damages which the BOAT OWNER or the BOAT shall incur for this reason. In case the VAT, Contractual Stamp Duty and/or other taxes and duties are added, increased or reduced, MARINA MANAGEMENT reserves its right to adjust and recourse to the BOAT OWNER under the provisions of this present article. In this context, any and all taxes and duties accrued pursuant to the laws and regulations in effect are prepaid by the BOAT OWNER.
Article 23: Mooring contract is BOAT-specific and is only valid for the designated BOAT. It may not be by any means partially or entirely assigned to any other BOAT.
Article 24: In case the BOAT OWNER changes, the full name and address, telephone numbers of the new BOAT OWNER as well as a document evidencing that the he shall comply with the provisions of these regulations must be delivered to the MARINA MANAGAMENT not later than 7 days. In case the MARINA MANAGEMENT deems it proper to execute a contract with the new owner of the BOAT, then the new BOAT OWNER immediately executes a new mooring contract with the MARINA MANAGEMENT. In case the BOAT OWNER fails to execute a contract with the MARINA MANAGEMENT despite the notification of the MARINA, all the obligations of the former owner continue.
Article 25: Mooring Contract may be renewed through mutual agreement in accordance with the current conditions upon the BOAT OWNER’s request not later than 30 days prior to the expiry of the validity of the contract. Marina reserves its right not to renew the Mooring Contract in cases where it deems it necessary.
Article 26: Fees for all the services rendered by the MARINA MANAGEMENT are accrued in Euros as indicated in the official price list.
Payment may be made in any foreign currency acceptable to Turkish banks or in TRL to be calculated at the EURO Banknotes Selling Rate determined on the date of payment by the Central Bank of the Republic of Turkey. Even if the relevant invoice has been issued and converted to TRL, BOAT OWNER’s liability to the MARINA MANAGEMENT shall be pursued in EUR on foreign currency basis and the MARINA MANAGEMENT shall issue a further invoice for the currency rate variance on the date of payment of the liability accrued in EUR.
SECTION 7: TERMINATION OF YACHT MOORING – LIFTING AND SERVICING CONTRACTS
Article 27: Entrance in the MARINA by sea and land requires the obligation of agreeing to and compliance with all the rules. BOAT OWNER’s actions and practices contrary to the MARINA rules constitute a violation of contract and in such cases the MARINA MANAGEMENT may unilaterally terminate the Mooring and Servicing Contract.
Article 28: If the BOAT OWNER seriously and/or repeatedly violates the provisions of the TEOS MARINA Operating Regulations, the Mooring – Lifting and Servicing Contract is terminated by a notice which the MARINA MANAGEMENT shall give to the BOAT OWNER. Giving of such notice takes place via facsimile or registered letter with acknowledgement of receipt sent to the address of the BOAT OWNER as designated in the relevant contract.
Article 29: MARINA MANAGEMENT is entitled to enter the BOAT in any special and immediate cases in order to perform such activities as re-mooring, unmooring, relocating, moving, lifting, launching and salvaging which are not mentioned herein for the safety and security of the BOAT or for the safety and security other people who utilise the MARINA and of their BOATs if it deems necessary. A reasonable fee shall be fixed when such services are rendered upon the BOAT Owner’s request.
SECTION 8: ALLOCATION OF BOAT MOORING PLACE
Article 30: Those BOATs for which there are Mooring Contracts may berth and be moored at places allocated to them by the MARINA MANAGEMENT. Under the Mooring Contract, the MARINA MANAGEMENT allocates to the BOAT OWNER any place suitable for mooring the BOAT but not a certain place within the MARINA.
Article 31: MARINA MANAGEMENT is entitled to change the mooring place of the BOAT without notifying the BOAT OWNER in cases which it deems necessary due to fairs and other activities or due to repair and maintenance works.
Article 32: BOAT OWNER shall give the MARINA MANAGEMENT a prior written notice of any circumstances during which the BOAT shall be away from the MARINA for 24 hours or more. Likewise, the BOAT OWNER shall give the MARINA MANAGEMENT a 24 hour prior notice on his return to the MARINA so that the mooring place may be prepared.
Article 33: A mooring chain and/or hawser is provided at the mooring place so that the BOAT may be moored at sea and the MARINA MANAGEMENT suggests this chain or hawser to the proper tie point on board the BOAT. BOAT OWNER agrees and undertakes that he shall have all the responsibility in case the BOAT OWNER chooses to add his own hawser to the connection to be made to his BOAT.
Article 34: BOAT OWNER agrees and undertakes to provide, use and keep under control such materials as hawsers, fenders, etc. other than the mooring chain supplied by the MARINA MANAGEMENT in order to safely moor the BOAT at sea.
Article 35: Dinghy, service boat, jet-ski, etc. must be kept on board the BOAT or hanging from the davit thereof. Otherwise, the BOAT OWNER must execute a mooring contract and pay the relevant fee for the dinghy, service boat, jet-ski, etc. which he keeps at sea or placed on the jetty. MARINA MANAGEMENT reserves its right not to enter into any mooring contract for dinghies, service boats, jet-skis, etc.
SECTION 9: PROVISIONS CONCERNING LIFTING SERVICES AND LAND PARKING AREA
Article 36: BOAT OWNER must have executed a Lifting-Launching and Land Parking contract with the MARINA MANAGEMENT so that he may utilise the lifting services and stay in the land parking place.
Article 37: Units prices and calculation formula concerning the land parking and lifting-launching contract are as indicated in the official price list. Lifting-launching process is calculated as a whole. If it shall not be necessary to perform either process as a later time, mere lifting or mere launching fee is collected in advance at half of the full price. Fees for such services are collected in advance. Time to stay at the lift is 2 hours as a maximum.
Article 38: Lifting process commences when the BOAT is taken from the sea or from its carrier by means of the travel lift and terminates when the shores and, if necessary, connecting traverses are installed once the BOAT is placed on the ground. At the end of the lifting or launching process, the BOAT OWNER is deemed to have taken delivery of the BOAT. In case the BOAT is placed on a carrier, then the BOAT OWNER takes any and all measures required for well balanced and safe keeping of the BOAT on the carrier. Once the BOAT launching process has started, in case any hindering circumstances occur in launching the BOAT and placing it on the carrier upon removing the shores not caused by the MARINA MANAGEMENT’s negligence (in cases when it is found out that the BOAT takes in water once it has been launched or any defect which requires repairing on the keel, etc.), the BOAT OWNER agrees and undertakes to pay an extra fee for any and all waiting and/or process which shall be performed on the travel lift for the elimination of the hindrance.
Article 39: BOAT OWNER takes into consideration any details concerning the applicable lifting system and the BOAT’s compatibility with the lifting process in terms of construction, equipage or other aspects as well as the compatibility of the principles and criteria which the BOAT manufacturer has identified with regard to the lifting and/or launching of the BOAT and notifies the MARINA MANAGEMENT of any warning on the matter (if any) in writing prior to the lifting process. Any and all loss and damages which shall be caused due to the BOAT OWNER’s failure to take such issues into consideration shall be for the BOAT OWNER’s account.
Article 40: MARINA MANAGEMENT may not be held responsible for the failure to start the lifting process or for the abandonment thereof due to adverse environmental and weather conditions during the period of time when the lifting-launching processes shall be performed.
Article 41: Before the start of the lifting process, the angle of heel and trim of the BOAT must be at a proper degree. BOAT OWNER is obliged to guarantee such condition.
Article 42: It is the BOAT OWNER’s responsibility to bring the BOAT to the lift/skid pool and properly tied for the lifting process. If it is not possible to bring the BOAT in and take it out of the lifting pool with his own facilities in due time, then the process may be carried out by the MARINA MANAGEMENT and the BOAT OWNER agrees and undertakes to pay for the price of such service.
Article 43: No crew members may stay on or in the BOAT at the time of lifting the BOAT by means of the travel lift. It is the BOAT OWNER’s responsibility to ensure this.
Article 44: If there are such extensions as shroud wire which shall contact the upper beam of the travel lift on the BOAT, the BOAT OWNER shall organise and fulfil such operations as loosening, removing the connections of such extensions and refitting them at the completion of the operation and any damages which shall occur due to any deficiencies or errors in the performance of such operations shall the responsibility of the BOAT OWNER.
Article 45: BOAT which is lowered into the lift pool upon the Lifting – Launching operation must leave the lift pool not later than 30 minutes. If it is not possible for the BOAT to leave the pool with its own facilities, then this operation is carried out by the MARINA MANAGEMENT and the service fee is charged to the BOAT OWNER.
Article 46: Once approval has been obtained from the MARINA MANAGEMENT as to the fact the it is the BOAT’s turn to be lifted, it is the BOAT OWNER’s/shipper’s responsibility to carry out any and all necessary inspections (water intake, etc.) on and in the BOAT during and after the operation of bringing the BOAT to the relevant lift/skid pool and launching it.
Article 47: If there are any points requiring attention on the keel of the BOAT due to the constructive structure, equipage and condition of the BOAT at the time of contacting the lifting pallets of the travel lift and placing the bottom and side shores of the landed BOAT, such points which bear inconveniences and dangers must be specified in the lifting contract by the BOAT owner, and the authorities of the Marina Technical Service must be verbally reminded of this issue in the place where and at the time when the lifting operation is performed by the BOAT owner. The places of the lifting straps, pallets or shores must be notified by the BOAT owner, taking into consideration the structure and characteristics of the BOAT.
The BOAT’s skidding plan must be definitely supplied and delivered to the Marina Technical Service Management by the BOAT owner before the BOAT’s lifting and launching operation starts. In any cases to the contrary, the BOAT owner/shipper is responsible for any and all damages to occur at the hull, components, paint, hardware, etc. of the BOAT.
Article 48: In cases where it is deemed necessary by the MARINA MANAGEMENT, the place of the BOAT which is accommodated on land may be changed by notifying the BOAT OWNER. No fee is charged for such operations.
Article 49: The area where the BOAT shall be parked is determined by the MARINA MANAGEMENT in accordance with the information provided in the Lifting Contract by the BOAT OWNER. If the place of those BOATs whose launching date as indicated in the Lifting Contract has elapsed constitutes an obstacle for the launching of the other BOATs accommodated behind them, then it may be changed by notifying the BOAT OWNER by the MARINA MANAGEMENT. The travel lift operation carried out for this reason is charged and debited to the current account of the relocated BOAT.
Article 50: In case the BOAT OWNER wants to launch his BOAT at a date prior to the launching date as designated in the Lifting Contract, but if there are any BOATs which must be relocated in order to do this, the operation may be carried out by charging a fee per BOAT to be relocated at the approved price list provided that physical challenges shall not hinder such operation.
Article 51: It is prohibited to run such noise-generating machinery as the engine, generator, etc. and take action, climb the mast, lower or erect the mast, hoist the sails, leave the sails wrapped around exposed equipment on board the BOAT positioned on land. In case the BOAT OWNER leaves sails wrapped around exposed equipment of the landed BOAT, it is the BOAT OWNER’s responsibility to take any safety measures against partial full self-setting of the sail with the effect of the weather or other conditions and against the dangers to be so caused. Otherwise, any and all loss and damages shall be for the BOAT OWNER’s account. Grounding of the BOAT is also for the BOAT OWNER’s account. MARINA MANAGEMENT is not responsible for such circumstances as electrical brownout, voltage fluctuations, electricity failure, etc. and for any loss and damages to be caused thereby.
Article 52: If a large weight is to be added to or removed from the landed BOAT, THE MARINA MANAGEMENT must be notified and a written approval obtained. The said operation may be carried out once a written approval has been obtained and provided that the BOAT OWNER bears all the responsibility therefor.
Article 53: It is absolutely prohibited to discharge such polluting elements as bilge, wash basin, wash-up, restroom, shower water out of the landed BOAT. MARINA MANAGEMENT shall make any attempts so that any actions shall be taken against those who caused such practices by the governmental authorities. Further, a cleaning fee three times such cost items as hourly workmanship, material consumption, equipment use rental, etc. to be incurred for the elimination of the pollution caused by such circumstance by the MARINA MANAGEMENT shall be charged to the BOAT OWNER. Any contamination spreading around the BOAT which is caused by the maintenance and repair works performed under the organisation of the BOAT OWNER shall be cleaned by the organisation of the BOAT OWNER at the end of each day. Otherwise, the necessary cleaning shall be carried out by the MARINA MANAGEMENT, and the cleaning fee shall be collected each time at a unit price of EUR 5,- per meter of length, taking into account the overall length of the BOAT.
Article 54: BOAT OWNER takes any and all measures in order to prevent the neighbouring BOATs and facilities from being contaminated nor damaged for his own account in the course of repair and maintenance works carried out on the BOAT. Any works found out to have been performed without taking measures are halted by the MARINA MANAGEMENT. Otherwise, the BOAT owner is responsible for any and all loss and damages caused on the neighbouring BOATs and facilities.
Article 55: In maintenance and repair works, which are done in BOATS, every kind of safety precaution, necessary is taken and its responsibility belong to BOAT OWNER. In contrary case, BOAT OWNER accepts it will assume every sort of loss and damage, which will form and undertakes this in advance.
Article 56: Pillards and chocks, providing boats are supported on land are placed only by MARINA ENTERPRISE authorities and their places are changed only by them. It is certainly banned place change is performed in pillards, fids and chocks by people, out of these, taking out cross members, which are between pillards and chocks.
Article 57: Attaching canvas strings, on boat, suitable for use in the winter to shore cross members, hanging chain and similar weights to shores are dangerous and banned.
Article 58: It is ill-advised electricity energy lines, taken from Marina premises or another source are hold as they are attached to BOATS, in land during time, in which there is not human in them. Necessary precautions are taken on this subject by BOAT OWNER.
Article 59: Time and period of technical service works, which will be done in boats, existing in boatyard are notified to marina technical management by boat owner and technical unit operator is obliged.
Article 60: BOAT OWNER and its crew can fulfill maintenance and repair of their own boats provided that they are convenient to Marina Directive and Labour Law and work safety rules. In these cases, presentation of working personnel’s SSI (Social Security Insurance) payroll may be wanted.
Article 61: Boat Crew and Boat Clients camp in boats, existing in Boatyard is banned. In special cases, permission can be given with condition of it is in times and periods, Marina Management sees as fit.
Article 62: While written permission of MARINA ENTERPRISE is not there, any person or authority, from out of MARINA does work in boats, which are in MARINA is banned. But in special cases, in case of application, BOAT OWNER made to MARINA ENTERPRISE is reacted positively, daily entry price of all craftsmen, technicians, qualified workmen and apprentices, who will come from out of Marina are defined by Marina Management and and paid to MARINA ENTERPRISE in advance by BOAT OWNER.
Article 63: MARINA ENTERPRISE is not in condition of finding necessary catwalks for works, organized by BOAT OWNER and it is not in obligation of it. Available materials such as catwalk, horse, board, in Boatyard are at the disposal of MARINA ENTERPRISE first.
Article 64: BOAT OWNER and its crew are in obligation of leaving their vehicles in parking lot. Vehicle entry, to Boatyard is forbidden, MARINA ENTERPRISE’s load vehicle will be used in cases such as load descending and discharge. But, in force majeure, vehicle entry can be given permission with condition of parking to intermediary parking lots, in MARINA and having registry performed to front office for maximum 30 minutes via special allowance of MARINA management.
Article 65: Every sort of precaution of safety and fire is taken and its responsibility belong to BOAT OWNER in technical works, organized in boat. Explosive materials are had present in boats is certainly forbidden. Precautions as dangerous materials like LPG tube are not entered into boat and materials, exploding and/or combustion possibility of which is /are high are not had present in boat are taken by BOAT OWNER.
Article 66: It is condition that if there is, BOAT OWNER pays its balance due, in its current account before BOAT is thrown to sea. In contrary case, BOAT OWNER is responsible from every kind of loss and damage, which will form by reason of BOAT is not thrown to sea.
PART 10: RULES, ACCOMODATED IN ENTRIES TO MARINA AND EXITS FROM IT AND MARINA
Article 67: BOATS are in obligation of giving information to MARINA ENTERPRISE in entries to MARINA and in exits from it or before changing place in marina and taking help of MARİNA mooring boat during manoeuvres in MARINA. Responsibility of boat, belonging to MARINA ENTERPRISE, helping manoeuvre belongs to BOAT OWNER during marshalling. BOAT OWNER is responsible from every kind of loss and damage, which will possibly form.
Article 68: Speed limit, in MARINA is indicated by signboards. In cases, in which there are not signboards, subject speed limit is 3 sea miles for marine BOATs, maximum 20 kms in a hour for land vehicles. To MARINA, entries of BOATS/vehicles of BOAT/vehicle owners, not accommodating to this speed are banned.
Article 69: Land vehicles, which get into MARINA borders are left to places, out of parking lot is forbidden. But, in necessary cases, vehicle entry can be allowed for maximum 30 minutes under the condition of parking to intermediary parking lots, in MARINA and having registry performed to front office through MARINA management allowance. BOAT OWNER pays price, which is defined for parking lot and notified for it and accommodates all rules, set up for land traffic. BOAT OWNER will inform plate numbers of all vehicles, it will leave in MARİNA parking lot to MARINA ENTERPRISE. In cases, in which it feels requirement, MARINA ENTERPRISE has the right of pulling / having pulled to vehicles by informing to its owner or it has the right of pulling / having pulled by not informing in necessary situations. Moving in MARINA field with land vehicle, working noisily is forbidden.
Article 70: Performing repair, restoration and maintenance, in quality, which pollutes environment and/or disturbers environment is forbidden in MARINA field, which remains out of Maintenance and Repair field.
Article 71: BOAT OWNER is responsible from behaviours and actions of everybody, entering into content of BOAT CREW and BOAT CLIENT for its own BOAT alone, commonly and successively.
Article 72: Discharging to bilge and contaminated water BOAT, leaving trashes and other waste materials out of sites, shared by MARINA ENTERPRISE are forbidden inside of MARINA borders. MARINA ENTERPRISE withdraws 3 times of expenses of material, labour hours and equipment, it will use as cleaning price from BOAT OWNER in case of a contrary behaviour is met and notifies subject to related official seats separately. In case of MARINA ENTERPRISE sees it as necessary, Linking Agreement of BOAT, producing pollution is abolished unilaterally and balance of time, remaining from abolishing date is not paid to BOAT OWNER.
Article 73: Supply of lines, reaching from water, electricity, telephone, TV connection points, existing in MARİNA field to boat like cable, hose is provided by BOAT OWNER.
Article 74: Conservation of every sort of equipment and material, which will be protected on and around of BOAT against every sort of air and sea condition is in responsibility of BOAT OWNER fully.
Article 75: Every kind of sufficient and necessary precaution against BOAT takes water in it for rain and other reasons (especially water disposal system) is taken by BOAT OWNER.
Article 76: Having present to hardware like peculiar, boat, keel accessory, bicycle, raft, platform, tent, trailer, caravan etc. and keeping similar equipment and storing it are banned especially on floating jetties, fingers, piers and especially in boatyards, parking lots and inside of MARINA out of places, shown by MARINA ENTERPRISE. But, leaving of them is in the content of allowance of MARINA ENTERPRISE in special cases. All materials, left without permission will be removed to MARINA ENTERPRISE’S store and store rent is accrued to BOAT OWNER.
Article 77: Swimming, diving, fishing, hunting, using water-ski, windsurf are banned in MARINA.
Article 78: Washing clothes, utensils, land vehicle is banned on pier, floating jetties, finger and in other similar open fields. Washing and drying to sail, canvas, inflatable boat are performed in places, in which it is allowed by MARINA ENTERPRISE and there is obligation of using marine detergent. Using marine detergent is obliged also in boat cleaning.
Article 79: Voice, light and noise pollution, in form of talking, fulfilling music issue, playing instrument, making noise, operating motor etc. is composed from boats, which exist in Marina field in a way, which may disturb environment and fulfilling behaviours, which disturb environment are forbidden. Operating motor and generator, in MARINA field, working times and periods of these are subject to permission of MARINA ENTERPRISE.
Article 80: Every kind of precaution against issues, which can not be accepted in MARINA as harmful beings like insect exist in BOAT, non-healthy stink and similar effects are spreaded from BOAT to environment is taken by BOAT OWNER. In cases, in which it is seen as necessary, fit precautions are taken by MARINA to eliminate defined negativity as its every kind of expense belongs to BOAT OWNER.
Article 81: Earthing of boat belongs to BOAT OWNER. MARINA ENTERPRISE is not responsible from cases like electricity voltage lowness, fluctuations, in voltage, power cut and loss-damage, which may form for these.
Article 82: If BOAT OWNER plans to leave by abandoning BOAT in MARINA for time, exceeding one day, it must give information to MARINA ENTERPRISE and it must indicate address, in which it will be able to be reached easily and other information. In this case, they leave entry key of BOAT to athorities, MARINA ENTERPRISE defined against signature. BOAT key is delivered only to MARINA ENTERPRISE. Key can not be given to 3rd parties without signed permmission document of BOAT OWNER. MARINA ENTERPRISE is not responsible from any kind of loss and damage, which may form out of MARINA ENTERPRISE’S defined defect and neglect in time, in which BOAT’S entry key exists in MARINA ENTERPRISE.
Article 83: In case of pat is had present in BOAT, all pets can walk in marina as precautions, preventing pets’ movements, which are out of control like collar, cage are taken by their owners. BOAT OWNER is responsible from cleaning of dirt, these pets cause and every kind of loss-damage, they may cause.
Article 84: BOAT OWNER is in obligation to take all necessary precautions for fire is not started, to have present fire extinguishing devices, which can be used immediately in case of a possible fire, which are convenient to appropriate standards and which has fit features, which are in sufficient greatness and amount in its boat.
Article 85: BOAT OWNER and boat crew accept to move in accordance with MARINA ENTERPRISE’S directives in emergencies, which may form in Marina like fire, storm etc. and to fulfill every help, demanded from them and they undertake these.
Article 86: BOAT will move in entries to MARINA and exits from it or manoeuvres, which are inside of MARINA by a way and speed, not disturbing other boats. BOAT is always subject to speed limits and directives, Ports Directorate and other recourses, owning law and judicial authority on navigation brought.
Article 87: Opening sail is certainly banned in MARINA. BOAT will move by motor power and sail will not be used. People, not accommodating to this rule is exited out of Marina, agreements of ones, who are with agreement are cancelled.
Article 88: BOATS are fastened only to bollards, rings and equipment, shared for the purpose of fastening in a style, MARINA ENTERPRISE finds correct. Necessary ropes and fenders are provided by BOAT OWNER in case of parties did not agree on contrary of it. BOAT OWNER is responsible from these ropes and fenders are in sufficient number and quality, when it is necessary, their change, maintenance and use.
Article 89: Anchoring, in MARINA and fastening mooring line to other boats are banned. When special conditions occur, mooring line will be able to be fastened by permission will be taken from BOAT OWNER, mooring line will be fastened or captain. BOAT OWNER or BOAT CREW are in obligation to accept unfastening their mooring lines for easing other BOATS’ movement when it is necessary.
Article 90: BOAT name will be written on BOAT and all equipment, belonging to BOAT clearly.
Article 91: Starting fire and using bare light sources are banned in Marina.
Article 92: It is necessary instalments of BOATS, which will take electricity from MARINA is with respect to normal standards. It is necessary people, using devices like heater benefit from cable in respect of amper rate. Only special electricity cables, MARINA ENTERPRISE finds fit are connected to electricity installation, in MARINA. Parties agree on the subject of it is necessary cables, connected to electrical devices, in BOAT are pulled in a safe and professional style by BOAT OWNER.
Article 93: Yachts, contaminated water BOAT of which is not there can not use their WCs and baths in MARINA. They can not wash utensils, clothes and they can not wash boat by detergent. It is obliged BOAT OWNER uses shower groups and WC and places of clothe, utensil washing, MARINA shares. When its contrary is defined, cleaning price of sites, smeared like sea, jetty, pear is collected from BOAT OWNER.
Article 94: Any sort of trash, waste oil, septic tank and similar combustible materials can not be poured on sea and other premises (pontoon, pear, jetty etc.) in MARINA, in case of they are contaminated, cleaning price is collected. Yachts throw their trashes to garbage containers, put by MARINA ENTERPRISE in a way, which will prevent reproduction of stink, fly, mosquito after they closed their inlet tightly by filling their trashes to special plastic bags.
Article 95: BOAT OWNER is responsible from it solidifies halyards, all sails, ropes and strings in a style, which will not disturb other BOATS.
Article 96: Out of maintenance and repair fields, mending, painting, oil change can not be fulfilled during yacht exists in fastening place. Repair, which will be fulfilled is subject to MARINA ENETRPRISE’S allowance.
Article 97: Dangerous, combustible, poisonous, harmful materials, fuels and liquids can not be entered into MARINA as long as they are not closed solidly and safe, they are not taken under protection in BOATs, with guarantee against leakage. Directives, local laws and rules will be accommodated strictly on this subject. To MARINA and sea, chemical can not be thrown certainly. In case of combustible or explosive materials are there in BOAT, sorts and amounts of these are notified to MARINA ENTERPRISE separately.
Article 98: BOATS, in MARINA can not broadcast through radio-phone.
Article 99: Kids are under responsibility of their protectors in MARINA.
Article 100: MARINA ENTERPRISE’S all responsibility, related with stuff, left in BOAT or MARINA ends together with finishing of MARINA premises’ use permission, given to BOAT OWNER for boat and its stuffs legally. MARINA ENTERPRISE does not accept responsibility for loss and damage, forming in boat or stuff, which is left in MARINA without its approval out of loss and damage, forming in the result of flaw of it or flaw of people, it is responsible from. BOAT OWNER is responsible from in BOAT, stuff’s loss, stealing and damage.
Article 101: BOAT OWNERS and BOAT CREWS will park their vehicles in sites, MARINA ENTERPRISE sees fit. Vehicles can not stop and/or be left in a way, forming obstacle in working field in MARINA or occupying use fields of walkers.
Article 102: If a vehicle or boat, belonging to BOAT OWNER gives damage to MARINA or machine or device, belonging to MARINA or any boat or vehicle, BOAT OWNER, causing damage will notify to MARINA ENTERPRISE immediately. Compensation of damage and loss becomes one of BOAT OWNER in these situations directly and immediately.
Article 103: BOAT OWNERS who tied up at the MARINE and didn’t conclude the contract or who didn’t apply to the MARINE ADMINISTRATION to conclude a new contract even though the contract renewal date has been reached pay the tie-up cost of the period until the conclusion date of the contract on which they will pay the accrued tie-up cost in cash on the basis of daily tariff.
Article 104: BOAT OWNER and the other beneficiaries of the MARINE services pay all kinds of services provided in cash in accordance with the tariff approved by the MINISTRY.
Article 105: MARINE ADMINISTRATION is entitled for all the services within the MARINE. MARINE ADMINISTRATION assumes no responsibility for the connections made by BOAT OWNERS OF BOAT CAPTAINS with other institutions or individuals.
Article 106: BOAT OWNER notifies the MARINE ADMINISTRATION about all the service claims provided by the MARINE. BOAT OWNER can not set MARINE staff a private task without informing the MARINE ADMINISTRATION.
Article 107: MARINE ADMINISTRATION may give special permit to work in the MARINE under the following circumstances;
a) If the work requires the MARINE or the firms who will perform the stated work on behalf of it to employ a qualified;
b) If the entire work consist of repair and is believed by the MARINE to be undertaken by the manufacturer and/or the vendor of the device covered by the boat or the guarantee agreement under the present guarantee agreement ,
c) If the MARINE ADMINISTRATION reserved place for the BOAT OWNERS to perform works and the performance of the work will be limited by this place and the work is performed properly due to the rules set by the MARINE ADMINISTRATION
Article 108: No other contractor can perform a work inside and/or on the boat against remuneration without the permission of the MARINE ADMINISTRATION (and this permission is given to the subcontractors only for this purpose). The subcontractors who do not have offices within the MARINE are obligated to prove the adequacy to the extent that shall satisfy the MARINE ADMINISTRATION and exhibit a product quality guarantee and insurance policy against possible damages when required.
Article 109: MARINE ADMINISTRATION with the act of a single party reserves the authority to place private or general legal mortgage on the BOAT or the other properties of the BOAT OWNER or to use lien for the BOAT in the MARINE or whatsoeverunless the Boat Owner/ Ship Owner pays all of the money loans resulting from the rent, storage, utilization cost, commission fee, buyoage, performance of work or services or any other reason related with any property of the Boat Owner/Ship Owner in the MARINE.
CHAPTER 11: BASIS RELATED WITH THE COMMERCIAL UNITS
Article 110: These provisions are applied to the tenants of the commercial units or to the ones who benefit in any manner consistently from these units. An action against these provisions brings front the responsibility of the beneficiaries of the units herein. The consistent beneficiaries of these units with the performers of such actions are jointly and severally bound to the actions of their employees or visitors against the management plans of customers.
Article 111: Commercial unit users are obliged to obey the rule of honesty while using both these units and facilities and common fields and not to disturb each other and not to trespass each other’s rights and to obey the management plan completely.
Article 112: Commercial unit users are obliged to avoid all the attempts which affect the general appearance badly, disrupt the architecture and aesthetics of the main estate and give off odor, noise and powder in the main estate.
Article 113: Commercial Unit users are not allowed to use or keep substances that might cause the rise of a fire or risk the safety.
Article 114: Commercial Unit users are not allowed to keep chemicals that might cause damage and any goods and materials that disturb the environment by explosion or leakage.
Cause 115: Commercial Unit users can not use the units for any other purposes other than the purpose of use related with the management plan. Establishing plants and workshops and using them as residence are by no means allowed. Meetings and events with political purposes cannot be held within these.
Article 116: Any change or addition on the exterior of the unit whether this change or addition affect the original architectural view of the unit, installation of window type air conditioning devices or fans are not allowed.
Article 117: Placing pennons, advertiser flags, banners, signboards, and plates is dependent on the permission of the MARINE ADMINISTRATION to be given according to the project.
Article 118: Replacing the broken glasses with the original ones is obliged. No other antennas other than the common antenna installation can be installed.
Article 119: Commercial Unit users, without the decision taken by the MARINE ADMINISTRATION cannot make any changes, perform construction and repair works and use them for any purposes and functions other than specified under the law and by the management plan hereby in the common fields. Performance of the construction and repair actions by Commercial Unit users can be possible if they register the project prepared by them to the MARINE ADMINISTRATION. Entrance hours and methods of the materials, workers and the equipment which enter the Marine for this construction and repair actions are specified by the MARINE ADMINISTRATION.
Article 120: The days of the year and the hours of the day that the Commercial Units will be kept open and closed are specified by the MARINE ADMINISTRATION.
Article 121: The time and date and modes of entrance and exit at the Commercial Units for the purposes such as cleaning, repair, delivery of goods, and preparation of the shop fronts are specified by the MARINE ADMINISTRATION.
Article 122: Commercial Unit users should avoid all the attempts to prevent the entrance and exit at the places of importance such as emergency exits for the safety of the main building and the people inside the building or complicates the movement through those places. Otherwise the obstructive actions and aspects shall be treated by the MARINE ADMINISTRATION penal sanction shall be applied to the initiatives.
Article 123: Keeping animals in the Commercial Units or merchandising animals in the shops are dependent on the legal permission to be taken from the MARINE ADMINISTRATION. In such cases the rules to be obeyed by the Commercial Unit users and the types of the animals allowed are specified separately by the MARINE ADMINISTRATION. The animals which’s preservation indoors is not familiar are not allowed. If the above terms are not complied MARINE ADMINISTRATION can take back the permission at any time.
Article 124: Each Commercial Unit user is obliged to keep his right solely in his/her unit and avoid even any small actions going beyond the borders of the place allocated to him/her in any case and from any side.
Article 125: The time interval, the vehicles and the path to follow to perform the delivery of goods in the Commercial Units or transportation of the goods from these departments is decided by the MARINE ADMINISTRATION.
Article 126: The commercial unit users for whom car parking area is reserved are obliged to notify the MARINE ADMINISTRATION about the number plates of their cars.
CHAPTER 12: THE AUTHORITIES OF THE MARINA MANAGER TO PROVIDE THE REQUIRED ORGANIZATION ON THE MARINE
Article 127: Marine Manager is in charge of the following for the proper, clean and safe operation and management of the MARINE and to provide the coordination with the employees and the services:
a) Manages the entries, tie-ups, stays and exits at the MARINE of yachts.
b) Selects the places which the boats will dock and will be tied up, in case of extraordinary and required situations, changes the allotted dock and when the yacht owners or the captains are not present in the marine has the yachts placed at the required places by hand by the employees in charge at the marine.
c) Has the repair that might be required at emergency situations performed at the yachts which’s captains and owners do not present. Collects the cost later.
d) Notifies the captains and yacht owners about the attempts disturbing the order and peace of the Marine and causing public danger and being against the provisions specified in the regulations. Ejects the ones carrying on the same or the similar actions despite the notification and takes other penal measures. In case of similar actions of the non boat and boat owners puts them outside the marine. He/She does not let them enter the marine and prohibits them to benefit from the facilities in the units. He/she terminates unilaterally the tie-up contracts of the yacht owners who do not obey the rules. In such cases he/she fulfills all the procedures required to put the boat outside the marine (including the hoisting of the boat) to be charged to the yacht owner.
e) Calls for the marine security staff to police when in case of necessary situations.
f) Investigates the requests for the operations defined as subject to permission in this regulation and allows for the adequate cases.
g) Performs the duties foreseen in this regulation and takes the measures.
h) Regulates the performances of the employees working for the other services provided under the yacht operating certificate at the MARINE, provides the coordination of these services and requests from the authorities the punishment of the ones who cannot be adapted and seem to have inconvenient attempts.
i) Can allow for the businesses prohibited in this regulation when they are considered to be required or can set out new rules or regulations for the requirements of the businesses.
j) Provides the hoisting of boats which’s owners cannot be identified within the MARINE borders for their safety when required. The boat owner is responsible of all the expenses resulting from this service. In case the boat owner can not be identified for a long period of time, all types of legal procedures are applied by the MARINE ADMINISTRATION to collect the outstanding debts.
k) Marine Manager specifies the working hours of the commercial units and the start/end times of the services. He/she inspects the carry-out modes, cleanliness, safety and adequacy of these works. He/she controls the dresses and the attitudes of the workers.
l) Marine manager takes all the measures to avoid the pollution of MARINE site and requests the boat owners to take the measures.
m) Marine manager can transfer the power defined the regulation in this regulation, by written or verbal prescriptions to his/her subalterns in case he/she assumed to be required.
CHAPTER 13: LIABILITIES AND INSURANCE
Article 128: The services about the maritime are procured by the seaman license holders at MARINE ADMINISTRATION.
Article 129: The boat to benefit from the MARINE is obliged to have valid and sufficient full insurance and 3rd Person Financial Responsibility Insurance. A copy of the insurance document must be submitted to the MARINE ADMINISTRATION during the performance of the tie-up or hoist and rigging contract. The tie-up contract of the ship not having an insurance provided over full and sufficient values or having the expired insurance can only be valid in the presence of a 3rd person Financial Responsibility Insurance. However the boat owner is responsible of the damages that cannot be compensated by the 3rd person Financial Responsibility Insurance. If the 3rd person Financial Responsibility Insurance is not available the tie-up contract shall be terminated. In such cases all the actions to get the boat out of the MARINE shall be held by the MARINE ADMINISTRATION (including hoist) and all the expenses arising from this reason shall recourse to be collected from the BOAT OWNER. Article
Article130: BOAT OWNER is solely, jointly and successively responsible from the compensation of any kind of damages given by Boat Crew and the Boat Customers to the MARINE ADMINISTRATION and employees.
Article 131: BOAT OWNER is responsible from the robbery, depredation of the goods within his/her boat and any kind of the damages sustained by his/her customers/ crew.
Article 132: Damages given by the BOAT OWNER/ BOAT CREW and BOAT CUSTOMERS to their own boat and/or to the other boats and the facilities regarding to the MARINE ADMINISTRATION are not under the scope and the responsibility of the Financial Responsibility Insurance of the MARINE ADMINISTRATION.
Article 133:MARINE ADMINISTRATION has no responsibility on the robbery and losses that might take place in safe custodies and they are uncovered by the Financial Responsibility Insurance of the MARINE ADMINISTRATION.
Article 134: MARINE ADMINISTRATION has no responsibility on damages, losses and harms causing from the rupture of the weak or corrupt parts of the boat or the separation of the dispatch from the body, separation of the body from the dispatch during the transportation of the boat to its place on the land removing from the water by travel lift or from its conveyor and they are uncovered by the Financial Responsibility Insurance of the MARINE ADMINISTRATION.
Article 135: MARINE ADMINISTRATION has no responsibility on the damages, losses and harms incurred by the boats, tools, devices and individuals while the BOAT OWNER and/or the BOAT CREW’s performance of maintenance –repair works at their boats ashore and they are uncovered by the Financial Responsibility Insurance of the MARINE ADMINISTRATION.
Article 136: The Security Service provided by the MARINE ADMINISTRATION has only the deterring effect. The security service has only the caution quality so MARINE ADMINISTRATION has no responsibility on the partial or full robbery, loss or damages of the materials within the registered or non-registered inventory of the boat and any spiritual and material damages, losses and harms that the boat owner, crew and the customers might incur resulting from laceration dispatch and terror actions.
Article 137: The regulation hereby is subject to the Acts of the Turkish Republic and in case of conflict Courts and Enforcement Agencies of Izmir are authorized.
Article 138: Teos Marine Administration and Trades Inc. Reserves the right to change the above terms due to the requirements of the MARINE ADMINISTRATION at all times.
Article 139: For the cases that are not presented hereby in this regulation 2634 numbered Yacht Tourism Regulation shall be in effect.
I hereby declare and subscribe that I had read and understood all the above statements of the TEOS MARINE ADMINISTRATION AND TRADES INC. ADMINISTRATIVE REGULATION which consists of 139 Articles in total and is considered as an inseparable amendment of the Marine Tie-up and Hoist and Rigging Contract and received a copy and accept it fully and take the necessary actions.
Date : ……/……./20 Boat Owner / ShipMaster TEOSMARİNA
Name Surname :