TEOS MARİNA MANAGEMENT TRADE INC.
OPERATING REGULATIONS

SECTION 1: DEFINITIONS

Article 1: As contained in this Operating Regulations,

  1. TEOS MARINA A.S. means the marina facility jointly operated by the Kolin group of companies;
  2. 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;
  3. 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;
  4. MARINA means the whole land and sea area of Teos Marina A.S.;
  5. BOAT means and includes all marine vessels operated in the MARINA;
  6. BOAT OWNER means legal entities or real persons who are individually or collectively registered as BOAT OWNER on the certificate of the BOAT or any legal entities or real persons whom the ship-owner has authorised or any skippers and/or boat charterers whom the ship-owner has authorised to use / operate the BOAT or any other real persons;
  7. BOAT CREW means any people who are authorised by the BOAT OWNER to be available on board and/or who render services on board (excluding the clients or those who render temporary outsourced services to the VESSEL);
  8. BOAT GUEST means those people who are brought in or sent to the MARINA to make use of the BOAT by the BOAT OWNER;
  9. VEHICLE means any and all work machines such as land vehicles, cranes, etc. owned by those people who perform works for the BOAT OWNER, his guests, crew or the BOAT itself;
  10. 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 priorly notifying the MARINA MANAGEMENT in a written or verbal form;

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 declare and accept any written and verbal notices/declarations 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, rental units and users of the rental units that shall utilise TEOS MARINA.
Article 4: BOAT OWNER is deemed to have now agreed that he/she and the people and entities defined in the Article 1 above shall comply with the provisions of these regulations and to the decisions of the 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 Maritime Tourism Regulations as published in the 27298 numbered Official Journal dated 24th July 2009.

SECTION 4: UTILISATION OF THE MARINA

Article 6: The MARINA MANAGEMENT may not allow the entry of persons, companies, vehicles, marine vehicles to the MARINA and / or stop providing services, whose attitudes and behaviours are determined to be contrary to the conditions of this regulation. The MARINA MANAGEMENT reserves the right to choose the BOAT or BOAT OWNER who wishes to receive service from the MARINA for the first time. The MARINA MANAGEMENT cannot be held responsible for any loss or damage that may occur to the parties who will be affected by this situation. In addition, the person, company, BOAT OWNER and BOAT CREW, whose attitudes, and behaviours contrary to the conditions of this regulation are determined, will compensate the MARINA MANAGEMENT for any losses and damages.

Article 7: It is at the discretion of the MARINA MANAGEMENT to allow BOATs other than private and commercial yachts specified in paragraph (f) of Article 4 of the Marine Tourism Regulation to enter the MARINA area or land them.

Article 8: The BOAT OWNER, who will moor his BOAT at the MARINA and benefit from other services, must sign a mooring contract with the MARINA MANAGEMENT at the latest on the day the BOAT enters into the MARINA, and is obliged to submit a valid Registration, Seaworthiness Certificate, Insurance Policy and other documents that show and prove that he/she is authorized to sign all contracts to the MARINA MANAGEMENT.

Article 9: It is obligatory for the BOAT to benefit from the MARINA, to have the certificate of seaworthiness, to be fully equipped and able to navigate by its own means, to be free from pollutants in the natural environment and/or equipped with environmental protective equipment, and to comply with the legislation in force in this regard. The BOAT OWNER is responsible for ensuring that each BOAT master and crew have a valid and sufficient license. In case that the BOAT violates the Environmental Law and the relevant legislation and is subject to administrative and penal sanctions, the MARINA MANAGEMENT has the right to accept this situation as a violation of this regulation and to terminate the contract unilaterally. The BOAT OWNER shall immediately compensate for the loss, damage, or administrative penalty that the MARINA MANAGEMENT may suffer due to the BOAT's violation of the Environmental Law and the relevant legislation.

Article 10: The BOAT OWNER, together with the relevant person, is solely, jointly, and severally responsible for the behaviour and actions of the crew, customers, and guests on his/her BOAT.

Article 11: If the BOAT OWNER has not informed the MARINA MANAGEMENT in writing regarding the BOAT Master and BOAT CREW he will assign to work on his BOAT, the MARINA MANAGEMENT accepts in advance that the MARINA MANAGEMENT has the authority to not let these people into the MARINA and/or to take them out of the MARINA. The BOAT OWNER agrees and undertakes in advance that he will not hold the MARINA MANAGEMENT responsible for any loss or damage that may occur as a result of such persons not being admitted to the MARINA and/or being taken out of the MARINA.

Article 12: The BOAT OWNER himself/herself must learn the legislation and prepare valid documents on issues such as leaving the BOAT for wintering, leaving Türkiye with another vehicle, entry and / or exit procedures into Turkish Territorial Waters, navigation rules applied in Turkish Territorial Waters, leaving the BOAT for wintering in the MARINA on behalf of himself/herself, the BOAT CREW and BOAT customers. The BOAT OWNER is responsible for any judicial and administrative fines that may be imposed on the MARINA MANAGEMENT by the relevant public authorities due to the BOAT OWNER's violation(s). These fines will be compensated immediately in case of the first written application of the MARINA MANAGEMENT.

Article 13: For the TECHNICIAN(s) that are outsourced to give service and carry out the works on BOAT, BOAT OWNER must inform the MARINA MANAGEMENT and get approval, fulfil the formalities and pay the technician entrance fee determined by the MARINA MANAGEMENT in advance. The BOAT OWNER accepts and undertakes in advance that he will be responsible for all kinds of damages and losses that these people may cause in the MARINA. Persons who are determined to be on the BOAT without taking the necessary precautions can be taken out of the MARINA by the MARINA MANAGEMENT. The BOAT OWNER agrees and undertakes in advance that he will not hold the MARINA MANAGEMENT responsible for any loss or damage that may occur due to the dismissal of such persons from the MARINA, and in this case, the Technician Entry Fee will be paid immediately with a penalty twice of the Technician Entry Fee.

Article 14: Some of the fees for basic and additional services provided by the MARINA MANAGEMENT are specified in the MARINA fee schedule. It is not obligatory to specify all the fees applied in the printed price list, and the fees for the MARINA services can be re-arranged according to the requirements of the MARINA MANAGEMENT.

Article 15: The BOAT OWNER accepts and undertakes in advance to pay for all the services provided to the BOAT and himself/herself by the MARINA MANAGEMENT, based on the values ​​determined by the MARINA MANAGEMENT, within the time and conditions stipulated by the MARINA MANAGEMENT. In the event that the payments are not made as specified in this article, the BOAT OWNER accepts and undertakes in advance that the MARINA MANAGEMENT has the authority to apply the highest price determined for the relevant service and to demand interest, and that 10% per month will be charged on delays in payments and stop providing the said service and may use this authority at any time.

Article 16: The BOAT that will benefit from the MARINA must be fully equipped, able to navigate by its own means, protected against all weather and sea conditions, and be suitable for the sea, free from pollutants in the natural environment and/or equipped with environmental protective equipment. It is at the discretion of the MARINA MANAGEMENT to allow BOATs that do not comply with these requirements to enter the MARINA area. In the event that the BOAT violates the Environmental Law and relevant legislation and is subject to administrative and penal sanctions, the MARINA MANAGEMENT has the right to accept this situation as a violation of this regulation and to terminate the contract unilaterally. The BOAT OWNER shall promptly compensate for any loss, damage or administrative penalty incurred by the MARINA MANAGEMENT due to the BOAT's breach of the Environmental Law and the relevant legislation.

Article 17: The BOAT OWNER is responsible for the BOAT Master and BOAT CREW each having a valid and sufficient seaman's license for the maneuver of the BOAT in the MARINA, and for any consequences thereof.

Article 18: The BOAT that will benefit from the MARINA must have valid and sufficient third-party liability insurance covering the BOAT OWNER, BOAT CREW and BOAT GUESTS. Insurance policies that expire within the period specified in the mooring contract must be renewed on time by the BOAT OWNER. Otherwise, the MARINA MANAGEMENT has the right to terminate the BOAT's mooring contract and to take the BOAT out of the MARINA. The MARINA MANAGEMENT reserves the right to claim all kinds of damages and losses related to this.

Article 19: In the event that the BOAT OWNER assigns the private and/or legal persons and their employees who provide technical service to the BOAT OWNERS by leasing any unit in the MARINA area to work while he is not on the BOAT, the BOAT OWNER has to give written information to the MARINA MANAGEMENT. In this written information, it is necessary to define the natural and / or legal persons who will work on the BOAT and to specify the period of work. The BOAT OWNER accepts in advance that the MARINA MANAGEMENT has the authority to take persons not authorized in this way out of the BOAT. The BOAT OWNER agrees and undertakes in advance that he will not hold the MARINA MANAGEMENT responsible for any loss or damage that may occur due to the dismissal of such persons from the BOAT.

Article 20: The BOAT OWNER accepts and undertakes in advance to pay for all the services provided to the BOAT and to him by the MARINA MANAGEMENT, based on the values ​​determined by the MARINA MANAGEMENT, within the period and conditions stipulated by the MARINA MANAGEMENT. In case the payments are not made as specified in this article, the BOAT OWNER accepts and undertakes in advance that the MARINA MANAGEMENT has the authority to apply the highest price determined for the relevant service and to demand, if necessary, 10% monthly interest to the delays related to the payments, and to use this authority at any time and / or that the services given to the BOAT and the BOAT OWNER may be partially or completely interrupted.

Article 21: The BOAT OWNER undertakes to use all the services, equipment and infrastructure of the BOAT and the MARINA provided to him in good conditions without damaging it, to leave it clean, well-maintained, and to respect the rights of other users. The BOAT OWNER undertakes to indemnify the damage in case of a damage. The MARINA MANAGEMENT may charge the BOAT OWNER, BOAT CREW and BOAT GUESTS for the damage(s). The BOAT OWNER who causes constant loud noise etc. and are in constant incompatibility with other BOAT OWNERs causing discomfort will first be warned by the MARINA MANAGEMENT. The BOAT OWNER has accepted, declared, and committed in advance that the MARINA MANAGEMENT has the right to terminate the contract unilaterally if this situation continues and becomes unbearable for other BOAT OWNER(s). The BOAT OWNER may not claim any right or compensation for the termination due to violation.

Article 22: Marine vessels, land vehicles and rental units benefiting from the MARINA area cannot receive sponsor advertisements containing promotions. Any person or institution may not engage in promotional activities and may not post a rental or sale advertisement outside of the standards of the MARINA MANAGEMENT. No flags other than the legal country flag, pennants, logos, or images that will represent any political, religious or community are allowed. All such attempts are subject to the written permission of the MARINA MANAGEMENT. In the detection of unauthorized violation, the MARINA MANAGEMENT may use its right of unilateral termination. The BOAT OWNER may not claim any right or compensation for termination due to violation.

 

SECTION 5: CONDITIONS FOR MOORING AND HARDSTANDING RESERVATIONS AND CANCELLATION PROCEDURE

Article 23: Accommodation and/or Boat reservation becomes final with the signing of the reservation form by the BOAT OWNER, the advance payment made to TEOS MARINA MANAGEMENT and then the signature of TEOS MARINA MANAGEMENT, respectively. Reservation advance payment is 25% of the total price, calculated in accordance with the BOAT dimensions and duration declared by the BOAT OWNER for 30 days or longer contracts. For reservations shorter than 30 days, the advance payment is 100% of the total price according to the BOAT dimensions and duration declared by the BOAT OWNER. The reservation cannot be transferred to another BOAT. Postponing the reservation to another date is possible in case TEOS MARINA MANAGEMENT is notified in writing at least 60 days before the contract start date and TEOS MARINA MANAGEMENT accepts and confirms this request. Any tax that will accrue in accordance with the laws and regulations in force at the invoice stage will be paid by the BOAT OWNER in this circumstance. During the conversion of the reservation into a contract, the final calculation will be made at the front office based on the current price tariff and the actual boat dimensions as of specified in Article 25 of this regulation.

 

In case of cancellation, the following rules apply:

a. If the BOAT, which has made the reservation by paying the reservation advance, does not arrive on the declared date, the advance payment will not be refunded.

b. Reservation made with a request for accommodation for less than 30 days cannot be cancelled and the 100% reservation advance paid is non-refundable.

c. If the reservation is cancelled at least 90 days before the start of the contract, the entire advance paid will be refunded.

d. If the reservation is cancelled 60 days before the start of the contract, 75% of the advance is refunded.

e. If the reservation is cancelled less than 60 days before the start of the contract, no refund will be made. In this case, TEOS MARINA MANAGEMENT cannot be held responsible for any loss or damage that may arise due to the cancellation of the reservation.

 

SECTION 6: MOORING-LIFTING AND SERVICING CONTRACTS AND PAYMENT OBLIGATION

 Article 24: Sea – Land Accommodation and Lifting – Launching fees are paid in advance. Sea-Land Accommodation and Lifting – Launching fees are calculated based on the full length and width of the BOAT and the unit prices and conditions in force on the day the relevant contract is signed. Sea - Land Accommodation and Lifting – Launching unit prices and other conditions are specified in the price list published by the MARINA MANAGEMENT. The duration of the mooring is calculated on the basis of the nights accommodated and the basis of the principle “Minimum daily usage is 24 hours.” 

Article 25: The personnel assigned by the MARINA MANAGEMENT to determine the Full Length and Width of the BOAT makes measurements on the boat according to the principles specified in this article. The BOAT OWNER must allow this officer to take measurements on his boat. Full length is the horizontal distance between the foremost point of the BOAT excluding the cane at the bow and the rearmost point including the platform/beach club, excluding the davit at the stern, on the centre line in the fore and aft direction on the deck. Width is the largest distance of the BOAT perpendicular to the fore and aft centre line in the horizon direction. For boats whose width and/or length can be variable, the boat size is calculated based on the maximum state of each of the variable length/width values ​​of the boat.

Article 26: The mooring price is calculated based on the contract period declared on the mooring contract. The BOAT OWNER agrees and undertakes in advance that, in cases where the mooring fee is not paid in advance, the mooring fee for the accommodation used until then will be calculated based on the daily unit price in the price list. In case the Land parking and Lifting - Launching fee is not paid in advance, the MARINA MANAGEMENT will not provide the relevant service. The BOAT OWNER accepts and undertakes in advance that the MARINA MANAGEMENT will not be held responsible in any way for any loss or damage that the BOAT and/or BOAT OWNER may suffer due to this. If this service is provided without the mooring fee being paid in advance, the BOAT OWNER accepts and undertakes in advance that the MARINA MANAGEMENT has the authority to apply the highest price determined for that service and to demand interest, if necessary, 10% per month will be charged on delays in payments. In case of adding, increasing, or decreasing VAT, Contract Stamp Duty and/or other taxes, the MARINA MANAGEMENT's right of adjustment and recourse against the BOAT OWNER is reserved within the principles set forth in this article. In this context, any tax accrued pursuant to applicable laws and regulations is paid in advance by the BOAT OWNER.

Article 27: In addition to basic MARINA services, services such as allocation of water, service pedestal, M.D. panel allocation, telephone, fax, internet connection, data line, mooring boat and pilotage services used when the BOAT enters and leaves the MARINA, diving service, bilge and sewage discharge, parking are also paid services and can be given within the bounds of possibility. The duration and / or fees of these services are determined by the MARINA MANAGEMENT. The MARINA MANAGEMENT does not bear any liability to the BOAT OWNER beyond what is written regarding the quality and quantity of additional services. The fact that these services are free of charge for a period does not in any way vitiate the right of the MARINA MANAGEMENT to charge a fee for that service from any date. The BOAT OWNER accepts and undertakes in advance that the MARINA MANAGEMENT has the authority to apply the highest price determined for the relevant service and to demand interest, if necessary, 10% per month applied to the delays in the payments, that the services may be cut partially or completely by the MARINA MANAGEMENT and the MARINA MANAGEMENT can use this authority at any time.

Article 28: The Mooring Contract is specific to the BOAT and is valid only for the specified BOAT itself.

Article 29: In case the BOAT OWNER changes, the name, surname, full address, and other contact information of the new BOAT OWNER and legally issued transfer / sale / ownership documents must be submitted. Due to the remaining days of the mooring contract, if any, the previous and/or new BOAT OWNER cannot demand any refund from the MARINA MANAGEMENT. The MARINA MANAGEMENT is free not to make a mooring agreement with the new owner of the BOAT. In case the MARINA MANAGEMENT agrees to make it, the new BOAT OWNER must immediately conclude a new mooring contract with the MARINA MANAGEMENT. Otherwise, the former BOAT OWNER agrees and undertakes to be responsible for any problems, payments and liabilities that may arise.

Article 30: The BOAT OWNER declares and accepts in advance that the fees accrued to him in accordance with the price tariff of the MARINA MANAGEMENT is a receivable that gives the "ship’s creditor right" regulated in Article 1275 of the Turkish Commercial Code and that this receivable is a "legal pledge" in favour of the MARINA MANAGEMENT. The MARINA MANAGER may not allow the BOAT to leave the MARINA and the BOAT OWNER to enter the MARINA unless these fees are paid and may also prevent the BOAT from sailing, or it can be preserved by means of a precautionary measure or precautionary lien by applying legal remedies.

Article 31: Unless otherwise implemented by the MARINA MANAGEMENT, the Mooring Contract may be renewed by mutual agreement, at the request of the BOAT OWNER, 30 days before the end of the earliest period, in accordance with the current tariff and conditions. MARINA reserves the right not to renew the Mooring Agreement when it deems necessary.

Article 32: Some of the fees for basic and additional services provided by the MARINA MANAGEMENT are specified in the MARINA fee schedule. It is not obligatory to specify all the fees applied in the printed price list, and the fees for the MARINA services can be re-determined according to the requirements of the MARINA MANAGEMENT. Payments can be made in a foreign currency accepted by Turkish Banks, or it can be made in the currencies of Euro, USD, GBP calculated over the Foreign Exchange Buying Rate determined by the T.R. Central Bank. The invoice will be issued in TL and the debt of the BOAT OWNER to the MARINA MANAGEMENT will be collected in TL.

 

SECTION 7: TERMINATION OF MOORING – LAND PARKING AND SERVICE CONTRACTS

Article 33: Entry to the MARINA by sea and land requires the acceptance and compliance of all the rules in this regulation. The BOAT OWNER's behaviour and practices against the rules of the MARINA constitute grounds for opposition to the contract and in such cases, the MARINA MANAGEMENT may terminate the Mooring and/or Land Parking Service Contract unilaterally. In case the mooring contract is terminated by the MARINA MANAGEMENT, the BOAT must leave the MARINA on the same day of the termination. Otherwise, for each day the BOAT stays at the MARINA, the BOAT OWNER is obliged to pay the daily mooring unit price specified in the official mooring price tariff in effect.

Article 34: If the BOAT OWNER violates and/or damages the provisions of the TEOS MARINA Operations Regulations repeatedly, the Mooring – Land Parking - Service Contract is terminated by the MARINA MANAGEMENT's warning to the BOAT OWNER. The notification of the warning is made via Fax or Registered Letter with Return, sent to the address specified in the BOAT Owner's contract, and/or by sending it to the e-mail address provided by the BOAT OWNER.

SECTION 8: ALLOCATION OF MOORING SPACE

Article 35: With the Mooring Agreement, the MARINA MANAGEMENT allocates to the BOAT OWNER any place suitable for mooring the BOAT, not a specific place inside the MARINA. The BOAT OWNER must moor his BOAT only to the place allocated by the MARINA MANAGEMENT. The Mooring Contract of the BOAT, which has moored to a place that has not been allocated to it despite the warning of the MARINA MANAGEMENT, is terminated unilaterally and the BOAT is taken out of the MARINA. In this case, the BOAT OWNER accepts and undertakes in advance that the balance of the remaining period from the date of termination will not be returned to him.

Article 36: The MARINA MANAGEMENT has the right to change the mooring place of the BOAT, without notifying the BOAT OWNER, if it deems necessary due to the fair and other events or repair-maintenance, investment works.

Article 37: The BOAT OWNER shall inform the MARINA MANAGEMENT in advance if the BOAT is away from the MARINA for 24 hours or more. Likewise, on returning to the MARINA, the BOAT OWNER shall inform the MARINA MANAGEMENT at least 24 hours in advance so that the mooring area can be prepared. The MARINA MANAGEMENT reserves the right to have another boat use the empty mooring space when the BOAT is not at the MARINA.

Article 38: For mooring the BOAT at sea, a chain and/or rope for Med Mooring is provided at the mooring area and the MARINA MANAGEMENT recommends that this chain or rope be tied to the appropriate anchorage point on the BOAT for the safety of the BOAT. The BOAT OWNER accepts and undertakes that if the BOAT OWNER chooses to use it by adding his / her own rope to the connection to be made to his BOAT, the BOAT OWNER bears all responsibility.

Article 39: Except for the chain provided by the MARINA MANAGEMENT, the BOAT OWNER agrees and undertakes to provide, use, and keep under his control all kinds of materials such as ropes and fenders necessary for the safe mooring of the BOAT at sea.

Article 40: Lifeboats, service boats, jet-skis, and other vehicles with the maximum width of the hull must be stored on the BOAT or suspended from davits. Lifeboat and other vehicles and / or materials and crates belong to the BOAT are forbidden to be put on the pier or in other places on land. The BOAT OWNER accepts and undertakes that the MARINA MANAGEMENT will transport these lifeboats, materials, and crates to a place it deems appropriate without informing the BOAT OWNER and will pay the highest land parking tariff accrued in terms of the area occupied by the BOAT OWNER, as well as the transportation cost, until they are lifted by the BOAT OWNER. The MARINA MANAGEMENT cannot be held responsible for the loss, theft, or damage of such material. MARINA MANAGEMENT also reserves the right not to make a binding contract for lifeboat, service boat, jet-ski etc.

Article 41: For the safety of the BOAT and the other people using the MARINA and their boats, if it deems necessary, MARINA MANAGEMENT has the right to access and enter into the boat in special and emergency situations to engage in other activities not listed here, such as re-tying, mooring, relocating, moving, lifting, launching and salvaging. When these services are provided at the request of the BOAT OWNER, a fee will be charged in return for these services.

Article 42: The BOAT OWNER cannot allocate or rent the mooring place temporarily to someone else. If the BOAT is sold or transferred, the mooring location cannot be transferred together with the BOAT. Otherwise, the BOAT's Mooring Agreement will be terminated unilaterally, and the BOAT will be taken out of the MARINA. In this case, the BOAT OWNER accepts and undertakes in advance that the balance of the remaining period from the date of termination will not be refunded.

 

SECTION 9: PROVISIONS CONCERNING LIFTING SERVICES AND LAND PARKING AREA

Article 43: For the BOAT OWNER to benefit from the boatyard services and stay in the land park area, he must have signed the Lifting-Launching and Land Park contract with the MARINA MANAGEMENT.

Article 44: The unit prices and calculation formula for the Land Park and Lifting-Launching contract are as specified in the official price tariff. The Lifting-Launching operation is always calculated together as these two services are inseparable. Half the full price is collected in case the BOAT OWNER gets only lifting or only launching service. Such services are paid in advance. The stay on the lift is a maximum of 2 hours, subject to the permission of the MARINA MANAGEMENT.

Article 45: 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. The launching process commences with the removal of the BOAT from the place it is on land with the help of a traveling crane and / or a sled and ends when it is left on the sea or on any carrier. 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 46: The BOAT OWNER must act in accordance with the reservation programme made by the MARINA MANAGEMENT for the lifting and/or launching of the BOAT. If the BOAT OWNER does not make the necessary preparations for the lifting and/or launching at the specified time, the MARINA MANAGEMENT may postpone the lifting and/or launching operation to a later suitable time. Any and all loss and damages which shall be caused due to the BOAT OWNER’s failure to take such issues into consideration belongs to the BOAT OWNER.

Article 47: The details of the hull system to be applied, the conformity of the BOAT in terms of construction, equipment or other aspects to the boating operation, the conformity of the principles and criteria determined by the BOAT's manufacturer regarding the lifting and/or launching of the BOAT shall be considered by the BOAT OWNER. If there are any warnings regarding this matter, he / she must notify the MARINA MANAGEMENT in writing before the operation. 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 48: 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 49: Before starting the Lifting operation, the inclination and trim of the BOAT must be at a suitable level. The BOAT OWNER is responsible for ensuring this situation.

Article 50: It is the BOAT OWNER's responsibility to bring the BOAT to the slipway/sledge dock and properly moor it for the Lifting operation. If it is not possible for the BOAT to be brought to or removed from the mooring dock on time, this can be carried out by the MARINA MANAGEMENT and the BOAT OWNER agrees and undertakes to pay the fee for this service.

Article 51: During the lifting of the BOAT with a traveling crane, no personnel shall be present on and/or inside the BOAT, during the Lifting and launching maneuvers with the mobile crane, one cannot approach the vicinity of the mobile crane and cannot stay under the boat. It is the BOAT OWNER's responsibility to ensure this situation.

Article 52: If there are such extensions as shroud wire, the mast, equipment, radar/radio antenna 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 53: The BOAT that has been lowered into the lift pool after the Lifting – Launching process must leave the lift pool without waiting. 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 54: The BOAT OWNER is responsible for taking all necessary precautions on the BOAT during and/or after the Lifting and/or Launching process.

Article 55: The BOAT OWNER is obliged to notify the MARINA MANAGEMENT in writing of any weak point to be considered when placing the BOAT on the pier and wedges before the boating process. Otherwise, any damage or loss that may occur belongs to the BOAT OWNER. It is assumed that the BOAT OWNER has previously reviewed and accepted the service standards of the MARINA MANAGEMENT regarding the placement of the BOAT on land. Despite this, if a non-standard service is requested and the MARINA MANAGEMENT does not accept this, the BOAT is released back to the sea. In this case, the price of the service provided will not be refunded and the MARINA MANAGEMENT cannot be held responsible for any loss or damage to the BOAT.

Article 56: The location of the BOAT staying on land can be changed without notifying the BOAT OWNER, if deemed necessary by the MARINA MANAGEMENT. No fees are charged for such services. The BOAT OWNER will be informed following the relocation. Before leaving the MARINA, the BOAT OWNER shall give the MARINA MANAGEMENT in writing the preliminary information that will be useful during the relocation of his BOAT, if he / she considers a possible relocation while he / she is not at the MARINA.

Article 57: The MARINA MANAGEMENT reserves the right to provide service with another travel lift instead of the crane that is intended to provide boatyard service. In this case, the BOAT OWNER accepts in advance that the price specified in the Lifting - Launching Contract may be changed according to the tariff determined for the crane that will provide the Lifting service.

Article 58: 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 and it is approved by other boat owners.

Article 59: 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 60: It is inconvenient for BOATs on land to receive electrical energy from outside the BOAT during the period when there is no authorized person inside. Taking the necessary precautions in this regard and grounding the BOAT electrical installation to the field ground is carried out by the BOAT OWNER under his sole responsibility. The MARINA MANAGEMENT may not allow electrical power to be connected to the BOATs on land or may cancel the connection, if any, without informing the BOAT OWNER. The BOAT OWNER is responsible for any loss or damage that may occur due to this reason.

Article 61: If an amount of weight that may affect the handling of the boat is to be added to or reduced in the BOAT positioned on land, it is obligatory to inform the MARINA MANAGEMENT and to obtain written permission for this. The said operation may be carried out after the written approval is received and under the sole responsibility of the BOAT OWNER.

Article 62: It is strictly forbidden to discharge pollutants such as bilge, washbasin, dishes, toilet, shower water from BOATs on land. The 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. In the event that the BOAT violates the Environmental Law and the relevant legislation and is subject to administrative and penal sanctions, the MARINA MANAGEMENT has the right to accept this situation as a violation of this regulation and to terminate the contract unilaterally. The BOAT OWNER may not claim any right or compensation for termination due to violation. Any loss, damage, or administrative penalty that the MARINA MANAGEMENT may suffer due to the BOAT's violation of the Environmental Law and the relevant legislation will be promptly compensated by the BOAT owner in case of the MARINA MANAGEMENT's first written application.

Article 63: 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. For this reason, the MARINA MANAGEMENT may suspend the work, and the MARINA MANAGEMENT cannot be held responsible for any loss or damage arising from the suspension of the work.

Article 64: The BOAT OWNER shall ensure that the pollution and wastes created by the BOAT have been cleaned before the launching of the BOAT, and that the BOAT will be equipped and equipped to leave the boat dock immediately after landing in the sea. If it is determined that these issues are not fulfilled, the MARINA MANAGEMENT reserves the right not to provide the boatyard service. In such a case, all kinds of damages and losses belong to the BOAT OWNER.

Article 65: 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. In addition, any damage or loss that may occur on the BOAT as a result of the work done for this reason belongs to the BOAT OWNER.

Article 66: If the location of the BOAT cannot be changed by the MARINA MANAGEMENT for some reason, which hinders the landing of other boats and has passed the launching date specified in the Land Park Agreement, the BOAT OWNER shall bear the loss and damage of all the boats that will be affected by this situation and the MARINA MANAGEMENT.

Article 67: Attaching canvas strings, on boat, suitable for use in the winter to shore cross members, hanging chain and similar weights to shores the connections that will cause the application of force to the strut wefts, to hang chains and similar weights on the stanchions, to perform actions that will cause the struts and wefts to dislodge are dangerous and banned.

Article 68: The MARINA MANAGEMENT does not allow vehicles such as cranes etc. brought from outside the MARINA for the purpose of providing Lifting and Launching service. If a BOAT is brought from land to the MARINA for the purpose of getting launching service, it is obligatory to take the trailer and carrier structures brought to the land park area out of the field after they are unloaded. Likewise, the MARINA MANAGEMENT is not responsible for the damages that the trailers and carrier structures brought to the MARINA to take a BOAT from the MARINA may suffer during their stay in the field. During these procedures, the BOAT OWNER is jointly and severally liable for any loss or damage to be caused to him or to other persons not listed and the MARINA MANAGEMENT facilities, crew, equipment, personnel, the BOAT OWNER's own personnel, the BOAT guest, the BOAT CREW, the life, and property of third parties, other BOATs and BOAT OWNERS, other BOAT PERSONNEL.

Article 69: Pressure washing service is carried out only in the area determined by the MARINA MANAGEMENT, with the personnel and equipment of the MARINA MANAGEMENT, and the fee is paid in advance.

Article 70: The BOAT OWNER, together with the operator using the crane and the owner of the crane, is jointly and severally liable for any damage, loss, and damage that the crane may cause inside the MARINA, in case the BOAT OWNER brings a crane from outside the MARINA. During these procedures, the BOAT OWNER is jointly and severally liable for any loss or damage to be caused to him or to other persons not listed and the MARINA MANAGEMENT facilities, crew, equipment, personnel, the BOAT OWNER's own personnel, the BOAT guest, the BOAT CREW, the life, and property of third parties, other BOATs and BOAT OWNERS, other BOAT PERSONNEL.

Article 71: It is the BOAT OWNER's responsibility to take all necessary safety precautions during maintenance and repair works on the BOAT. Otherwise, the BOAT OWNER accepts and undertakes in advance that he will bear all kinds of damages and losses. During these procedures, the BOAT OWNER is jointly and severally liable for any loss or damage to be caused to him or to other persons not listed and the MARINA MANAGEMENT facilities, crew, equipment, personnel, the BOAT OWNER's own personnel, the BOAT guest, the BOAT CREW, the life, and property of third parties, other BOATs and BOAT OWNERS, other BOAT PERSONNEL.

Article 72: Pillards and chocks, providing boats are supported on land are placed only by MARINA MANAGEMENT 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 73: 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 74: 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 75: BOAT OWNER and its crew can fulfil maintenance and repair of their own boats provided that they comply with the MARINA Regulation and the Occupational Health and Safety Law No. 6331 and the occupational safety rules. It’s the BOAT OWNER's responsibility to take all kinds of safety precautions and security measures and giving the necessary training to the BOAT CREW and providing personal protective equipment, life jackets, etc. related to occupational safety. In these cases, presentation of working personnel’s SSI (Social Security Insurance) payroll will be wanted.

Article 76: Accommodation of the BOAT OWNER, BOAT CREW and BOAT GUEST is prohibited on boats located in the Laying Area. In special cases, permission may be granted, provided that the MARINA Management deems appropriate. The BOAT OWNER is responsible for any damage or loss that may occur to the BOAT, the MARINA MANAGEMENT and/or its personnel, other boats, and officials in the MARINA, and third parties due to their accommodation on the boats on land, with or without the MARINA MANAGEMENT's permission.

Article 77: The MARINA MANAGEMENT is not obliged to find the necessary piers for the works organized by the BOAT OWNER. The use of materials such as scaffolding, anchors and planks in the boatyard is primarily at the disposal of the MARINA MANAGEMENT.

Article 78: It is imperative that materials such as stairs, gallows, poles, piers, etc. to be used to climb onto the boat on land should be securely fixed to the boat. MARINA MANAGEMENT is not responsible for any accident, damage, loss, or damage that may occur due to equipment that is not fixed to the boat and / or construction that does not comply with OHS (Occupational Health Safety) conditions. The BOAT OWNER is responsible for indemnifying any damages that may occur in such cases.

Article 79: Vehicle entry to the Lifting area is prohibited, cargo vehicles of the MARINA MANAGEMENT will be used in cases such as loading and unloading. However, in obligatory cases, with the permission of the MARINA management, vehicles can be allowed to enter for a maximum of 30 minutes, provided that they park in the allocated parking lots within the MARINA and register at the front office. In this case, vehicles entering the slipway area cannot enter and / or park between the boats. During these operations, The BOAT OWNER is jointly and severally liable for any damage or loss to be caused to him and / or the MARINA MANAGEMENT facilities, crew, equipment, personnel, BOAT OWNER's own personnel, BOAT GUEST, BOAT CREW, 3rd parties' life and property, other BOATs and BOAT OWNERS, other BOAT CREW or to other persons not listed.

Article 80: The BOAT OWNER is obliged to take all necessary measures to prevent fire, to ensure that the electrical and fuel system of his BOAT complies with the safety standards and is maintained, and to have firefighting equipment specified in the relevant legal regulations in his BOAT.

Article 81: It is strictly prohibited to set fires and have a barbecue within the boundaries of the MARINA by using any method whatsoever and to fire signal flares, sparklers, firework, etc. No heating process can be performed in the BOAT or within the boundaries of the MARINA without notifying the MARINA ADMINISTRATION, receiving written permission and approval for the safety precautions.

Article 82: Before the BOAT on land is launched, the BOAT OWNER must pay the balance debt, if any, in his current account. Otherwise, the launching of the BOAT may not be carried out. The BOAT OWNER is responsible for any damage or loss that may occur due to the BOAT not being launched into the sea.

Article 83: If a BOAT Owner intends to install a roof (tent) over his BOAT, then he shall inform the MARINA ADMINISTRATION of his intention and sign a written undertaking drawn up by the MARINA ADMINISTRATION prior to the lifting and launching process. The MARINA ADMINISTRATION may not grant permission to install such roof (tent). The BOAT OWNER shall be responsible for ensuring quality and safety of the roof (tent) and be liable for any loss or damage, which may be suffered by his BOAT or third parties. During these operations, The BOAT OWNER is jointly and severally liable for any damage or loss to be caused to him and / or the MARINA MANAGEMENT facilities, crew, equipment, personnel, BOAT OWNER's own personnel, BOAT GUEST, BOAT CREW, 3rd parties' life and property, other BOATs and BOAT OWNERS, other BOAT CREW or to other persons not listed.

 

SECTION 10: RULES DURING ARRIVAL OR DEPARTURE TO THE MARINA, COMMON RULES IN THE MARINA

Article 84: It is obligatory to fulfil and document all the requirements of The Occupational Health and Safety Law No. 6331 of the private and/or legal persons who provide technical service and/or a different type of service to the BOAT OWNERS inside the MARINA by leasing any unit in the MARINA and/or from outside the MARINA with the permission of the MARINA MANAGEMENT. The MARINA MANAGEMENT has the authority to suspend people who do not comply with this rule from the MARINA area and to stop the work. In this case, the MARINA MANAGEMENT cannot be held responsible for any damages that may arise. During these operations, The BOAT OWNER is jointly and severally liable for any damage or loss to be caused to him and / or the MARINA MANAGEMENT facilities, crew, equipment, personnel, BOAT OWNER's own personnel, BOAT GUEST, BOAT CREW, 3rd parties' life and property, other BOATs and BOAT OWNERS, other BOAT CREW or to other persons not listed.

Article 85: The equipment used by private and/or legal persons who provide technical service and/or a different type of service to the BOAT OWNERS within the MARINA by leasing any unit in the MARINA and / or with the permission of the MARINA MANAGEMENT from outside the MARINA, must be in compliance with the relevant legislation. Periodic maintenance and inspections of these equipment are mandatory, and the MARINA MANAGEMENT cannot be held responsible for any damage or loss that may occur due to the use of materials that have not been periodically maintained and checked. During these operations, The BOAT OWNER is jointly and severally liable for any damage or loss to be caused to him and / or the MARINA MANAGEMENT facilities, crew, equipment, personnel, BOAT OWNER's own personnel, BOAT GUEST, BOAT CREW, 3rd parties' life and property, other BOATs and BOAT OWNERS, other BOAT CREW or to other persons not listed.

Article 86: BOATs are obliged to inform the MARINA MANAGEMENT on VHF channel 72 before entering and exiting the MARINA or before relocating within the MARINA and must seek the assistance of the MARINA’s mooring boat during maneuvers inside the MARINA. The BOAT OWNER is responsible for any maneuver that is made without announcing “TEOS MARINA” on VHF channel 72 and obtaining maneuver approval. The BOAT OWNER is responsible for the boat belonging to the MARINA assisting its maneuver during the maneuver. BOAT OWNER is responsible for any damage or loss that may occur. During these operations, The BOAT OWNER is jointly and severally liable for any damage or loss to be caused to him and / or the MARINA MANAGEMENT facilities, crew, equipment, personnel, BOAT OWNER's own personnel, BOAT GUEST, BOAT CREW, 3rd parties' life and property, other BOATs and BOAT OWNERS, other BOAT CREW or to other persons not listed.

Article 87: The speed limit is indicated by signs inside the MARINA. In the absence of signs, the speed limit is 3 nautical miles for marine vehicles and a maximum of 20 km per hour for land vehicles. BOAT / vehicle owners who do not comply with this speed will be prohibited from entering the MARINA for their BOATs / vehicles. The BOAT OWNER is responsible for any damages that may arise from not letting the BOAT and / or vehicle into the MARINA.

Article 88: It is forbidden to leave the land vehicles entering the MARINA to places other than the parking lot. The MARINA MANAGEMENT reserves the right to carry out the necessary work, at the owner's expense, to remove the vehicles parked in a way that does not comply with this article. However, in obligatory cases, Vehicle entry can be allowed for a maximum of 15 minutes, provided that the MARINA MANAGER's permission, parking in the allocated parking lots inside the MARINA and registration at the front desk is provided. The BOAT OWNER pays the fixed and announced price for the parking lot and abides by all the rules for land traffic. The BOAT OWNER shall inform the MARINA MANAGEMENT of the license plate numbers of all vehicles that he will leave in the MARINA parking lot. When necessary, the MARINA MANAGEMENT has the right to tow the vehicles by notifying the owner or without giving notice in force majeure situations. It is forbidden to move in the MARINA area with a noisy land vehicle(s).

Article 89: All kinds of maintenance and repair activities within the MARINA are to be carried out during the working hours determined by the MARINA MANAGEMENT. Except for the special permission given by the MARINA MANAGEMENT, the work will be terminated in case of maintenance and repair activities outside the specified hours. MARINA MANAGEMENT cannot be held responsible for any loss or damage that may arise from the suspension of the work.

Article 90: It is forbidden to carry out repairs, modifications and maintenance that pollute the environment and / or disturb the environment within the MARINA area.

Article 91: Personnel who will work in the MARINA area are obliged to use the protective equipment specified in the Occupational Health and Safety Law No. 6331, depending on the work to be done. During these operations, The BOAT OWNER is jointly and severally liable for any damage or loss to be caused to him and / or the MARINA MANAGEMENT facilities, crew, equipment, personnel, BOAT OWNER's own personnel, BOAT GUEST, BOAT CREW, 3rd parties' life and property, other BOATs and BOAT OWNERS, other BOAT CREW or to other persons not listed.

Article 92: Discharging to bilge and contaminated water BOAT, leaving trashes and other waste materials out of sites, shared by MARINA MANAGEMENT are forbidden inside of MARINA borders. MARINA MANAGEMENT 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 MANAGEMENT sees it as necessary, mooring contract of BOAT producing pollution is abolished unilaterally and balance of time, remaining from abolishing date is not paid to BOAT OWNER. In the event that the BOAT violates the Environmental Law and the relevant legislation and is subject to administrative and penal sanctions, the MARINA MANAGEMENT has the right to accept this as a violation of this regulation and to terminate the contract unilaterally. The BOAT OWNER may not claim any right or compensation for termination due to violation. The BOAT OWNER shall promptly compensate for any loss, damage or administrative penalty incurred by the MARINA MANAGEMENT due to the BOAT's breach of the Environmental Law and the relevant legislation.

Article 93: 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. Connection elements such as cables and hoses must comply with the required norms, not cause leakage and must be impermeable. Without informing the MARINA MANAGEMENT and without approving the safety measures, water, service pedestal and M.D. panel connection, telephone and data lines, or transfer of services such as electricity, water, etc. from boat to boat is prohibited. The BOAT OWNER is responsible for all damages, losses and compensations that may occur in the contrary actions. If these behaviours are persisted, the MARINA MANAGEMENT has the right to unilaterally terminate the mooring contract for the BOAT. The same sanction will be applied in case these contrary behaviours are done by other persons related to the BOAT such as BOAT OWNER, BOAT CREW, BOAT GUEST, TECHNICIAN etc. During these operations, The BOAT OWNER is jointly and severally liable for any damage or loss to be caused to him and / or the MARINA MANAGEMENT facilities, crew, equipment, personnel, BOAT OWNER's own personnel, BOAT GUEST, BOAT CREW, 3rd parties' life and property, other BOATs and BOAT OWNERS, other BOAT CREW or to other persons not listed.

Article 94: It is the BOAT OWNER's responsibility to protect all kinds of equipment and materials to be kept on and around the BOAT against all weather and sea conditions and theft.

Article 95: Every kind of sufficient and necessary precaution against the ingestion of water due to rain or other reasons (especially for water disposal system) is taken by BOAT OWNER. The MARINA MANAGEMENT has no obligation to discharge the water of the BOAT, except for the service subject to a fee that may be provided upon the written request of the BOAT OWNER. The BOAT OWNER accepts and undertakes in advance that he/she undertakes all responsibilities against the environmental pollution that may arise from his BOAT while establishing the systems related to water discharge on his BOAT and/or requesting service from the MARINA MANAGEMENT in this regard. In the event that the BOAT violates the Environmental Law and the relevant legislation and is subject to administrative and penal sanctions, the MARINA MANAGEMENT has the right to accept this as a violation of this regulation and to terminate the contract unilaterally. The BOAT OWNER may not claim any right or compensation for termination due to violation. The BOAT OWNER shall immediately compensate for the loss, damage or administrative penalty that the MARINA MANAGEMENT may suffer due to the BOAT's violation of the Environmental Law and the relevant legislation.

Article 96: It is forbidden to keep and store equipment and / or private goods, boats, boat accessories, bicycles, rafts, platforms, tents, trailers, caravans, etc. outside the places indicated by the MARINA MANAGEMENT especially on floating docks, docks, boat dock areas and parking lots. It is forbidden to prevent the passage by sitting on the pier or on the passageways, doing sports, parking a vehicle or placing other items. However, leaving goods in special cases is subject to the permission of the MARINA MANAGEMENT. All materials left without approval of the MARINA MANAGEMENT will be stored in the warehouse of the MARINA and the BOAT OWNER will be charged a storage rent.

Article 97: Swimming, diving, fishing, hunting, water skiing, SUP, windsurfing, all kinds of water sports are prohibited in the MARINA. During these operations, The BOAT OWNER is jointly and severally liable for any damage or loss to be caused to him and / or the MARINA MANAGEMENT facilities, crew, equipment, personnel, BOAT OWNER's own personnel, BOAT GUEST, BOAT CREW, 3rd parties' life and property, other BOATs and BOAT OWNERS, other BOAT CREW or to other persons not listed. The BOAT OWNER is jointly and severally liable with other responsible persons for any damage or loss that may be caused to his CREW and other persons not listed herein.

Article 98: It is prohibited to do the laundry and wash dishes and clean fish at any place other than those (if any) designated by the MARINA ADMINISTRATION. It is strictly prohibited to wash land VEHICLEs and to perform the repair and the maintenance of these VEHICLEs in the MARINA. Washing and drying sails and tarpaulin is subject to the MARINA ADMINISTRATION’s approval and can be performed in the areas to be allocated by the MARINA ADMINISTRATION within the scope of such approval.

Article 99: 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 MANAGEMENT. In such cases, the BOAT OWNER, BOAT CREW, BOAT GUEST AND 3rd party are responsible for their actions and if this situation continues despite the warnings of the MARINA MANAGEMENT, the MARINA MANAGEMENT reserves the right to terminate the contract unilaterally. The BOAT OWNER cannot demand any compensation for the remaining time and is obliged to cover all kinds of losses and damages of the MARINA MANAGEMENT. Operating engines and generators within the MARINA area, their working times and durations are subject to the permission of the MARINA MANAGEMENT.

Article 100: It is forbidden to make drone shootings and to take videos, photographs, films or promotional films in the MARINA area in a way to record outside the BOATs private area. Photo and video recording requests are all subject to the permission of the MARINA MANAGEMENT. The MARINA MANAGEMENT has no obligation to grant this permission.

Article 101: All kinds of precautions must be taken by the BOAT OWNER against issues such as the presence of pest, harmful entities on the BOAT, and the spread of unsanitary odours, dust and similar effects from the BOAT to the environment, and visual pollution. When deemed necessary, measures will be taken by the MARINA, at the BOAT OWNER's own expense, to eliminate the identified negative issues. In this case, the BOAT OWNER has given his consent, accepted, and committed in advance to the person or persons assigned by the MARINA to enter the BOAT.

Article 102: The grounding of the boat belongs to the BOAT OWNER himself / herself. The MARINA MANAGEMENT is not responsible for the circumstances and for any loss or damage that may arise due to electrical voltage drop, voltage fluctuations, power outage, etc. In the event that the operating system and technical characteristics of the devices and equipment on the BOAT have a negative impact on the services provided by the MARINA MANAGEMENT, the BOAT OWNER must immediately take the necessary measures to tackle this situation. Otherwise, the contract may be terminated unilaterally and any loss or damage that may occur is compensated by the BOAT OWNER. In addition, the BOAT OWNER is jointly and severally liable for any damage or loss to be caused to him and / or the MARINA MANAGEMENT facilities, crew, equipment, personnel, BOAT OWNER's own personnel, BOAT GUEST, BOAT CREW, 3rd parties' life and property, other BOATs and BOAT OWNERS, other BOAT CREW or to other persons not listed.

Article 103: If the BOAT OWNER intends to leave his BOAT in the MARINA for a long period, then he shall notify the MARINA ADMINISTRATION in writing with his address, telephone and similar details that may be necessary to contact him in case of an emergency. The BOAT OWNER may leave the key of his BOAT with the employees of the MARINA MANAGEMENT under a certificate signed by both sides provided that the BOAT OWNER shall also specify the names of other persons holding other keys of the BOAT. The BOAT OWNER shall be liable for any loss or damage, which may result from any event not attributable to the fault or negligence of the MARINA ADMINISTRATION established by a court judgment within the period when the key of the BOAT was held by the MARINA ADMINISTRATION.

Article 104: Keeping pets in the MARINA and on BOATs is subject to the written permission of the MARINA MANAGEMENT. All pets can be walked around in the MARINA by their owners, taking precautions to prevent their uncontrolled movements. The BOAT OWNER is responsible for cleaning the pollution caused by these animals and for any damage or loss they may cause. It is forbidden to give food or water to street animals inside the MARINA.

Article 105: BOAT OWNER and BOAT CREW accept and undertake to act in accordance with the instructions of the MARINA MANAGEMENT in case of emergency such as fire, storm etc. that may occur in the MARINA and to provide any assistance requested from them.

Article 106: It is strictly forbidden to sail and anchor in the MARINA.

Article 107: The BOAT name will be clearly written on the BOAT and on all equipment belonging to the BOAT.

Article 108: The BOAT OWNER is responsible for reinforcing the BOATs equipment such as halyard blocks, sails etc. in a way that will not disturb other BOAT OWNERs. The BOAT OWNER undertakes that he / she will control all kinds of parts on the boat that may disturb the neighbours with sound, light and rhythmic movements during its stay in the MARINA and will take care to establish good neighbourly relations.

Article 109: No repairs, painting or oil changes can be made while the yacht is at the mooring area, except for the maintenance and repair areas. The repair to be made depends on the permission of the MARINA MANAGEMENT.

Article 110: Dangerous, flammable, poisonous, harmful substances, fuels, and liquids cannot be brought into the MARINA unless they are kept in containers that are tightly and securely closed and guaranteed against leakage. The regulations, local laws and rules on this subject will be strictly followed. No chemicals can be thrown into the MARINA or the sea. If flammable or explosive materials are found on the BOAT, their types and quantities are also reported to the MARINA MANAGEMENT. In the event that the BOAT violates the Environmental Law and relevant legislation and is subject to administrative and penal sanctions, the MARINA MANAGEMENT has the right to accept this situation as a violation of this regulation and to terminate the contract unilaterally. The BOAT OWNER shall immediately compensate for the loss, damage, or administrative penalty that the MARINA MANAGEMENT may suffer due to the BOAT's violation of the Environmental Law and the relevant legislation.

Article 111: Young children are under the responsibility of their parents inside the MARINA.

Article 112: BOAT OWNER notifies all service and service requests given by the MARINA to the MARINA MANAGEMENT. The BOAT OWNER cannot request special services from the MARINA personnel and, if any, from the personnel of the subcontractors operating under his responsibility, without the knowledge of the MARINA MANAGEMENT. In case of such behaviour, the MARINA MANAGEMENT has the right to terminate the contract unilaterally. The BOAT OWNER may not claim any right or compensation for termination due to violation.

Article 113: Material and moral damages, losses and damages arising from persons entering the MARINA from outside and / or due to events in the nature of judicial cases are outside the scope of Financial Liability Insurance of the MARINA MANAGEMENT and are not under the responsibility of the MARINA MANAGEMENT.

Article 114: Damages, losses and damages that may occur to BOATs and persons as a result of extraordinary natural conditions such as tsunami, flood, storm, tornado, earthquake, lightning are outside the scope of the MARINA MANAGEMENT's Financial Liability Insurance and are not under the responsibility of the MARINA MANAGEMENT.

Article 115: All kinds of damages arising from the service provided by private and/or legal persons who provide technical service and/or a different type of service to the BOAT OWNERS within the MARINA by leasing any unit in the MARINA and/or by giving the MARINA MANAGEMENT from outside the MARINA, The MARINA MANAGEMENT does not have any responsibility for loss, damage and defective service and / or defective production and is not covered by the Financial Liability Insurance of the MARINA MANAGEMENT.

Article 116: All kinds of losses and damages that may occur while the BOAT is towed by the mooring boat of the MARINA while the BOAT OWNER or THE BOAT CREW is in the boat will not be covered by the Financial Liability Insurance of the MARINA MANAGEMENT.

 

SECTION 11: THE AUTHORITIES OF THE MARINA MANAGER TO PROVIDE THE REQUIRED ORDER IN THE MARINA

 Article 117: Marina Manager is in charge of the following for the proper, clean and safe operation and management of the MARINA and to provide the coordination with the employees and the services:

               a) The Marina Manager shall lay down rules to be observed by BOATs while entering, mooring, staying at and leaving the MARINA.

               b) The Marina Manager shall determine the places where the boats will be moored, and he is authorized to change such mooring places or parking places on land without giving the BOAT OWNER prior notice if he considers it necessary or upon occurrence of an emergency. If there is such emergency and informing the BOAT OWNER is not possible, he shall ensure that the BOAT is taken to land and repaired provided that costs and expenses incidental to such repair are subsequently paid by the BOAT OWNER. Where a BOAT, whose owner cannot be identified and has no valid Mooring Contract, is spotted in the MARINA, the Marina Manager shall ensure that such BOAT is taken to land in order to guarantee its safety and collects the cost of such service provided from the BOAT OWNER when he is identified.

               c) The Marina Manager shall prohibit any person, who has infringed provisions of this Regulation, from entering and/or using services in the MARINA. He shall terminate the Mooring Contract made between the MARINA MANAGEMENT and the BOAT OWNER, who has breached the rules. In such cases, he shall take all actions required to remove the BOAT from the MARINA, including taking the BOAT to land at the BOAT OWNER's sole expense.

               d) The MARINA Manager calls the law enforcement officers to duty when he deems it necessary to ensure peace, order and security in the MARINA.

               e) The MARINA MANAGER examines the requests made for the services determined to be subject to permission in this regulation and gives permission when he deems appropriate.

               f) The MARINA MANAGER performs the duties stipulated by this regulation and takes the measures.

               g) The MARINA MANAGER arranges the principles regarding the work of the employees working at the MARINA and other services, ensures the coordination between these services, and ensures that those who do not comply and those with objectionable behaviour are punished and / or withdrawn from the service in accordance with the relevant provisions of the Labour Law.

               h) If deemed necessary, the MARINA MANAGER may allow transactions and practices prohibited in this regulation or may introduce new rules and regulations as necessary.

               i) The MARINA MANAGER ensures that the boats, whose owner cannot be determined within the borders of the MARINA or that do not have a valid mooring contract, are taken ashore when necessary for their safety. The BOAT OWNER is responsible for all costs arising from this service. In the event that the BOAT OWNER cannot be determined for a long time, all necessary legal actions will be taken by the MARINA MANAGEMENT to collect the accumulated debts of the BOAT.

               j) The MARINA Manager determines the working hours of the commercial units and the start and end times of the services. He supervises the way these works are carried out, their cleanliness, safety and suitability for the purpose and controls the attire and behaviour of the employees.

               k) The MARINA MANAGER takes all kinds of measures to prevent contamination of the MARINA area and requests the BOAT OWNER to take the related measures.

               l) When deemed necessary, the MARINA MANAGER may delegate the powers set forth in this regulation, partially or completely, to his subordinates with verbal or written instructions.

 

SECTION 12: LIABILITIES AND INSURANCE

 Article 118: The BOAT OWNER is solely, jointly and severally liable for the compensation of any damages that the BOAT CREW and boat customers may cause to the MARINA MANAGEMENT and its personnel, other boats and officials in the MARINA, and third parties.

Article 119: The BOAT OWNER is responsible for the loss, theft, damage to the belongings on his boat and any loss, damage and accident that his crew / customers may suffer.

Article 120: Damages and losses caused by the BOAT OWNER, BOAT CREW and BOAT CUSTOMERS to their own boats and/or other boats and facilities belonging to the MARINA are not covered by the Financial Liability Insurance of the MARINA MANAGEMENT.

Article 121: Theft and losses that may occur in the storages are outside the scope of the MARINA MANAGEMENT's Financial Liability Insurance and are not under the responsibility of the MARINA MANAGEMENT.

Article 122: Any loss or damage, which may occur while changing the place of a BOAT by towing it by the mooring BOAT owned by the MARINA ADMINISTRATION when the BOAT OWNER or BOAT CREW is inside the BOAT shall not be covered by the Financial Liability Insurance of the MARINA ADMINISTRATION, which shall not be liable for such losses or damages. Any loss or damage, which may be caused by an event such as fracture of rotten or weak components of the BOAT or disconnection of the drop from the keel shall not be covered by the Financial Liability Insurance Liability Insurance of the MARINA MANAGEMENT, which shall not be liable for such losses or damages.

Article 123: Any loss or damage resulting from breaking off of the mooring chain or ropes and other connection ropes used in order to moor the BOAT on the sea other than the mooring chain and/or rope provided by the MARINA MANAGEMENT or failure of the fenders around the BOAT shall not be covered by the Financial Liability Insurance of the MARINA ADMINISTRATION, which shall not be liable for such losses or damages.

Article 124: Any damages and losses that the BOAT OWNER and / or persons authorized by the BOAT OWNER may cause to themselves, the BOAT and third parties while performing repair, maintenance and manufacturing works at the MARINA are not covered by the Financial Liability Insurance of the MARINA MANAGEMENT. It is not under the responsibility of the MARINA MANAGEMENT either.

Article 125: Security Service provided by the MARINA ADMINISTRATION has only a deterring purpose. Due to the fact that the Security Service constitutes only a precaution aspect, any loss or damage or pain and suffering caused by the theft or loss of or damage to the BOAT and/or registered or unregistered fixtures in whole or in part or wounding or murder of or terrorist attacks suffered by the BOAT OWNER, BOAT Crew and BOAT CUSTOMER/GUESTs shall not be covered by the Third Party Liability Insurance of the MARINA FACILITY, which shall not be liable for such losses or damages.

Article 126: The BOAT OWNER shall be liable for the use of Internet and data line connections, which are given by the MARINA ADMINISTRATION as an additional service, for purposes outside the rules stipulated by the related laws, and the BOAT OWNER agrees and undertakes in advance that he will cover all fines and penalties which may be charged in that regard.

Article 127: In case the BOAT OWNER and/or BOAT CREW and/or BOAT GUEST breaches the provisions of TEOS MARINA MANAGEMENT REGULATIONS, it grounds for termination of the contract. In case of termination of the contract due to violation of the regulations, the service fees paid by the BOAT OWNER will not be refunded and the compensation rights of the MARINA MANAGEMENT are reserved. The BOAT OWNER may not claim any right or compensation for termination due to violation.

Article 128: In case of termination of the mooring contract or termination by the MARINA MANAGEMENT, the BOAT must leave the MARINA on the same day. Otherwise, for each day the BOAT stays at the MARINA, the BOAT OWNER is obliged to pay the daily mooring unit price specified in the official mooring price tariff in effect.

Article 129: Should the BOAT OWNER requests to terminate the mooring contract before the expiry of the period, he / she accepts and undertakes in advance that he will pay the fee to be calculated on the current tariff for the period of stay, and in addition, 25% of the price of the mooring contract “which is requested to be cancelled before the expiry of the term” is paid for early withdrawal penalty.

Article 130: The BOAT OWNER accepts and undertakes in advance to comply with all the rules of the MARINA MANAGEMENT, all decisions of the persons authorized in this regulation, and the general and special conditions that the MARINA MANAGEMENT will set and / or amend whenever it deems appropriate.

Article 131: The MARINA MANAGEMENT’s not using or partially using or being late to use the unilateral termination right granted to it in the scope of this Regulation or its any other right; or the MARINA MANAGEMENT’s  not requesting and/or being late to request the BOAT OWNER to obey any of the liabilities that the the BOAT OWNER undertakes pursuant to this Regulation shall not be construed to mean that the MARINA MANAGEMENT waives, will not use later, or tacitly relinquishes these authorities and rights. Similarly, the MARINA MANAGEMENT’s not objecting to any action of the BOAT OWNER in violation of any provision of this Regulation shall not be construed to mean that the MARINA MANAGEMENT will not object to his actions in violation of the same provision or other provisions later.

Article 132: The BOAT OWNER accepts and undertakes to act in accordance with the general moral rules, which all law enforcement officers are responsible for implementing and controlling (Police Duty and Authority Law, Turkish Flag Law, etc.).

Article 133: The annex of this regulation, “MARINA Mooring – Land Park Lifting / Launching Contract” is not a lease agreement subject to the provisions of Law No. 6570 on Real Estate Rentals.

Article 134: This regulation is subject to the Laws of the Republic of Turkey, and in case of conflict, Izmir Courts and enforcement offices are authorized.

Article 135: The Marine Tourism Regulation, prepared based on the Tourism Promotion Law No. 2634, shall apply to matters not included in this regulation.

SECTION 13: PROCESSING PERSONAL DATA

TEOS MARINA MANAGEMENT AND TRADE INC. as the data controller, is committed to collecting, processing, storing and protecting the confidentiality of your personal data in accordance with the Law on the Protection of Personal Data No. 6698 (“Law”). With this clarification text, it is aimed to inform you about the processing, collection, transfer purpose, storage periods and rights you have regarding the processing of your personal data within the scope of the Law.

Article 136: In accordance with the law, your personal data is sent to TEOS MARİNA İŞLETME VE TİCARET A.Ş. (“TEOS MARINA”) as the data controller, located at the address of Sığacık Mahallesi Akkum Caddesi No: 4 Seferihisar/İZMİR, and can be processed within the scope described below.

Article 137: Your personal data will be processed for the purposes of; realization of commercial activities carried out by TEOS MARINA, updating and verifying customer information, planning and maintaining corporate communication activities, following and executing legal transactions, conducting information security processes, realizing campaigns, promotions and advertising activities, planning and executing operational processes, group companies, execution of relations with group companies, business partners and suppliers, following up on customer requests and complaints, executing financial and accounting transactions, carrying out audit activities, fulfilling the demands of official institutions and organizations, and carrying out occupational health and safety activities.

Article 138: Depending on the reasons for the processing of personal data in Article 5 of the Law, your personal data, website, social media accounts, e-mail, telephone, fax, camera and license plate recognition systems, notifications sent from official institutions, contact forms, job application forms, contracts are collected through insurance policies, mooring logs and software and applications used by TEOS MARINA.

Article 139: Your name, surname, identity and passport number, nationality, gender, date of birth, occupation, tax number, tax office, license plate, e-mail address, phone numbers, credit or debit card information, insurance information, information about your boat or tender information, your residence, billing address, identity and contact information of your guests, captain and boat crew are within the scope of processed personal data.

Article 140: Your collected personal data will be transferred in line with the purpose of processing the personal data in this clarification text and in order for the execution of the operational processes to our board members, group companies, consultants, lawyers, business partners, suppliers, companies that own the programs and software we use, official institutions and organizations, affiliated chambers and foundations, internal and external auditors, banks, insurance companies and companies providing information technology services.

Article 141: Your personal data will be stored during the periods stipulated in the Law and the relevant legislation for data storage, unless an additional period is foreseen, until the reasons for the processing of personal data disappear. This information will be securely deleted, destroyed, or anonymized by the data controller upon the expiration of the relevant periods and the disappearance of the reasons for the processing of personal data.

Article 142: You have the right to learn whether your personal data has been processed, to update your personal data, to request deletion of your personal data within the framework of the conditions stipulated in the provisions of the Law, to know the parties to which your personal data has been transferred and the purpose of transfer, and to request the compensation of the damage you have suffered due to your personal data processed illegally. In this context, you can apply and send requests to teosmarina@hs03.kep.tr K.E.P. address or send an e-mail to info@teosmarina.com.

Teos Marina Management and Trade Inc. reserves the right to change the above-mentioned Conditions at any time according to the requirements of the MARINA MANAGEMENT. The current copy of this regulation is published on Teos Marina's website https://www.teosmarina.com/en/isletme-yonetmeligi.html.

 

TEOS MARİNA İŞLETME VE TİCARET A.Ş., which is an inseparable annex of the Marina Mooring Agreement and the Lifting and Launching Agreement, gathered in a total of 142 articles above. I declare and undertake that I have read and understood all the statements of the BUSINESS REGULATION, I have received a copy of it, I will accept it as it is and do what is necessary, and that I will follow the rules in force on the website.

 

SIGNATURE DATE : ….. / ….. /202…

 

BOAT NAME :

 

BOAT OWNER / AUTHORITY NAME - SURNAME / SIGN                      TEOS MARINA İŞLETME VE TİCARET A.Ş.