Business Regulations
INTRODUCTION
The following rules must be followed by all boat owners to ensure that Viaport Marina is operated in accordance with its purpose.
The following rules bind those using Viaport Marina, their personnel, and visitors or customers during their stay at the Marina. Boat owners are jointly and severally liable for any behavior that violates these regulations, together with those who commit such behavior.
Boat owners are obliged to adhere to the rules of honesty when using their allocated areas as well as the annexes and common areas, not to disturb others, not to infringe on each other's rights, and to fully comply with the operating regulations and all decisions taken by Viaport Marina Management.
The Marina Management may, without prior notice to the boat owner, develop these operating regulations, add new clauses, and/or amend clauses to suit the operation, in order to protect the general interests of the Marina and to operate more effectively. Any changes will be considered valid only after notification to boat owners via email and/or in writing.
SECTION 1 / PURPOSE AND SCOPE
Article 1. This Regulation has been prepared by Via Marina Construction and Management Inc. to provide services to yachts and yacht owners in a clean, safe, and peaceful environment.
Article 2. The provisions of this Regulation shall apply to all individuals, marine and land vehicles, and operators of ancillary units in the Marina who will benefit from Via Marina Construction and Management Inc. for short or long periods. All notifications shall be delivered in writing, via e-mail and/or registered mail, against signature, to the boat owner/responsible person, or, if the boat owner is a company, to its last known registered address.
Article 3. All private and legal entities, yachts, yacht owners, boats, vehicles, operators of ancillary units, and personnel in Via Marina Construction and Management Inc. are deemed to have accepted in advance to comply with the provisions of this Regulation and the decisions of the persons authorized in this Regulation.
SECTION 2 / LEGAL BASIS
Article 4. This Regulation is prepared in accordance with Article 13 of the Maritime Tourism Regulation on the Development of Yacht Tourism, which was prepared pursuant to subparagraph 4 of paragraph A of Article 37 of the Tourism Promotion Law No. 2634, by the decision of the Council of Ministers on June 29, 2009, and published in the Official Gazette No. 27298 dated July 24, 2009.
SECTION 3 / DEFINITIONS
Article 5. In this regulation;
a. Mooring Place; The water area or shore space allocated by the Marina for the boat owner/manager/captain to berth the boat for the duration of the mooring service contract,
b. Boat; a. Fees; The marina's mooring and general services tariff,
d. Marina; Marina Management; Via Marina Construction and Management Inc.,
e. Contract Service Fee; The fee specified in the contracts for mooring, dry docking, launching, lift-up and other services at sea, paid to the Marina by the boat owner/responsible person,
f. Marina Area, Yacht Harbor; g. Marina Manager; the person appointed by the Board of Directors of Viaport Marina Construction and Management Inc. who is authorized and responsible for the implementation of this regulation, including all land and sea areas known as Viaport Marina, Tuzla, Istanbul, Turkey, including pontoons, quays, slipways, dry docks, buoys, finger buoys, breakwaters, and jetties,
h. Marina Security Area; the area separated from the public area by a security fence, railing and/or landscaping, including boat berthing areas, pontoons, floating jetties, quays, breakwaters, reclaimed areas, fuel station, marine transport pier, slipway and the area reserved for boat owners, crew and yacht customers,
i. Boat Owner; j. Boat Crew; Professional boat personnel who are insured by the Boat Owner, authorized with valid documents, and who perform a service on the boat (excluding those providing temporary services to the yacht), and who have professional qualifications;
k. Boat Length; The horizontal distance from the aftmost point to the foremost point on the centerline of the boat deck in the bow-stern direction, including the davit/platform if any, at the stern, as total length (LOA),
l. Vessel Width; The widest distance of the vessel, measured horizontally perpendicular to the bow-stern centerline, as Beam Max;
m. Pulling Ashore; The process that begins with lifting the vessel from the sea or from its carrier with the help of a forklift or travel lift, and ends with the installation of struts and connecting crossbars after placing it on a trailer and on land;
n. Launching into the Sea; The process that begins with lifting the vessel from its location on land with the help of a forklift, trailer, or travel lift, and ends with placing it in the sea or on any carrier;
o. Commercial Unit; Areas leased by the Marina Management within the Marina boundaries to serve Marina customers and the public;
p. Commercial Unit Operator; Refers to private or legal entities that have undertaken the operation of commercial units, knowing all the details of the contracts made with Via Marina Construction and Management Inc., and accepting, declaring, and undertaking to comply with the terms.
SECTION 4 / USE OF THE MARINA
Article 6. All areas outside the security zone determined by the Marina Management are open to visitors. No one may enter the Marina security zone without permission, except for persons authorized by the Marina Management and those possessing a card issued by the management for entry to the security zone.
Article 7. The Marina Manager may grant written permission for all types of marine vessels, excluding private and commercial yachts, to enter and moor within the Marina.
Article 8. Boat owners and/or captains who will use mooring, launching, dry dock, and similar services in the Marina shall sign a contract with the Marina Management. The boat owner or captain is obliged to declare the information on the contract completely and accurately. Boats using the Marina must be fully equipped and capable of navigating under their own means.
Article 9. The boat owner/authorized captain must present the valid documents of the boat to the Marina Management on the day of entry into the Marina and sign the service contract on the same day. Article 10. For Turkish-flagged vessels, the vessel owner shall submit to the Marina Management the following documents: mooring register certificate, tonnage certificate, seaworthiness certificate, third-party liability insurance policy, documents proving that the person signing the contract is authorized to sign the contract (identity card or passport, signature circular), leasing agreement (if any), tax certificate, signature circular, and a copy of the trade registry gazette showing the company's establishment. Article 11. For foreign-flagged vessels, the vessel owner shall submit the following documents: vessel registration certificate, company share certificate (incorporation, etc.), transitlog, third-party liability insurance policy, documents proving that the person signing the contract is authorized to sign the contract (identity card or passport), contact information of the owner, authorized representative and/or captain of the vessel located in Turkey, and Turkish Republic identity card. If an identity number is available, the leasing agreement, tax certificate, signature circular, and a copy of the trade registry gazette showing the company's establishment must be submitted to the Marina Management. Article 12. A mooring/shore parking agreement is mandatory between marine tourism facilities and the owners or captains of marine tourism vessels regarding vessels moored at the facilities or pulled ashore. A copy of the service agreement is given to the owner or captain. The following matters are considered essential reasons for the conclusion of the agreement:
Owner,
Captain or Vessel Manager,
Mooring Port,
Commercial or Private Use Status of the Marine Tourism Vessel
Changes to the above-mentioned information must be reported to the Marina within 7 (days). Upon notification, the Marina reserves the right to terminate the agreement or enter into a new agreement with new commercial terms. In case of failure to notify within the specified time, the Marina reserves the right to unilaterally terminate the agreement and apply a penalty of twice the agreement price. Article 13. If the vessel does not apply to the facility operator and renew its service contract within five years from the expiry of the contract, the vessel shall be deemed abandoned. In this case, the Marina shall notify the Port Authority and the Customs Administration. Foreign-flagged yachts may be left at sea and on land for wintering, maintenance, and repair for up to five years at marine tourism facilities certified by the Ministry, without the need for additional permission, provided that the necessary up-to-date documents are submitted. The stay of privately owned foreign-flagged vessels that remain at certified marine tourism facilities for five years and are used at least once by their owners during this period may be extended by the Ministry for another five years. Regarding vessels that do not apply to the Marina operator or renew their contract within five years from the expiry of the mooring contract, proceedings shall be conducted in accordance with the liquidation provisions of the Customs Law No. 4458.
SECTION 5 / ENTRY AND EXIT FROM THE MARINA AND RULES TO BE APPLIED WITHIN THE MARINA
Article14. The registration/information form provided to boats upon their first arrival at the Marina must be completed in full by the boat owner, captain, or the authorized representative of the company to which the boat is affiliated. Article 15. The Marina Management shall allocate a mooring place within the Marina's waterfront to the boat owner who has signed a Mooring Service Agreement. With this service agreement, the Marina Management shall allocate not a specific place within the marina, but any place suitable for mooring the boat. The Marina Management reserves the right to change the mooring place of the boat in case of emergencies, fairs, yacht races, and/or other events, and when deemed necessary. In this case, the boat owner, captain, or authorized representative of the company to which the boat is affiliated hereby consents to accept the said change without any objection. Article 16. The boat owner is obliged to moor their boat only in the place allocated by the Marina Management. If a boat moored in a location not assigned to it despite the Marina Management's warnings and notices, the service contract will be unilaterally terminated without compensation, no refund will be given, and the boat will be removed from the marina.
Article 17. One mooring rope will be provided to the boat at the mooring location, and the Marina Management will request that these ropes be attached to a suitable attachment point on the boat for the boat's safety.
Article 18. If the boat owner chooses to use their own rope to moor their boat or fails to attach one of the provided mooring ropes, or attaches it loosely, the boat owner accepts, declares, and undertakes that they are solely responsible for all material and/or moral damages that may occur.
Article 19. The boat owner is responsible for the maintenance and urgent replacement of damaged ropes. The boat owner is responsible for all material and moral damages and losses, including those to the crew and third parties, that may occur as a result of the continued use of damaged ropes. Article 20. Except for the mooring rope provided by the Marina Operator, the Boat Owner agrees, declares, and undertakes to provide, use, and keep under control all necessary ropes, fenders, and other materials for the safe mooring of the boat at sea. The stern mooring ropes that secure the boat to the pier are also the responsibility of the Boat Owner and must be selected to suit the boat's specifications and dimensions. Article 21. Boats must display the boat name and the port of home as determined by the regulations of the Turkish Ministry of Transport, Maritime Affairs and Communications, and must display the flag of the port of home and the Turkish flag. Article 22. Lifeboats and service boats must be kept on the boat or attached to the boat's davit. Otherwise, the boat owner is obliged to enter into a mooring contract for the lifeboat and/or service boat. Article 23. The boat's name must be written on all inflatable, fiberglass, or wooden boats, dinghys, trailers, and all other vehicles belonging to the boat. Article 24. The boat owner must inform the Marina Management via radio or telephone and obtain permission before entering or leaving the Marina and before changing mooring locations within the Marina. Mooring assistance must be requested for all mooring and unloading operations. Article 25. The boat owner communicates with the Marina Management using the call sign “VIAPORT MARINA” on Marina VHF channel 72 or via the Tower GSM: 0534 290 73 73. The boat owner is obliged to request exit information and permission from the Marina Management for exiting the Marina, and marina entry permission for entering the Marina. Article 26. The extent, duration, and time intervals of repairs that can be carried out while the boat is moored are determined by the Marina Manager. Article 27. Except for the boats' normal lighting systems and stoves used for cooking, no bare light sources may be used within the Marina, and no fires may be lit for any reason whatsoever. If Viaport Marina detects any violation of this regulation by the boat owner, captain, or authorized personnel managing the boat, the Service Agreement of the boat will be unilaterally terminated, and the boat will be removed from the Marina. In this case, the Boat Owner hereby acknowledges, declares, and undertakes that the remaining balance of the contract will not be refunded to them. The Marina Management cannot be held responsible for any damage or loss resulting from the removal of the boat from the marina. Article 28. Recording, taking photographs, and publishing them on any platform using audio and video equipment, mobile phones, cameras, etc., is prohibited at any point within the Marina Area without permission from the Marina Management. If Viaport Marina detects any violation of this regulation, the Management has the right to demand a penalty fee, the amount of which will be determined annually according to the nature of the violation. Article 29. Generators and engines within the Marina are prohibited.
Operation is only possible with the permission of the Marina Management.
Article 30. Boats without a wastewater tank cannot use their toilets and bathrooms within the Marina, and cannot wash dishes or laundry on board.
Article 31. No type of garbage, waste oil, or similar flammable, explosive, or combustible materials may be dumped, placed, or emptied into the sea, other facilities, or nearby areas within the Marina. Boats shall dispose of their garbage in the recycling and waste containers provided by the Marina Management, filling them into special plastic bags, tightly sealing them, and ensuring they prevent odor and fly breeding. In cases of violation of this article, the Marina Management will collect a cleaning fee, which will be determined annually, and will report the matter to the relevant authority for penalty proceedings. If deemed necessary by the Marina Management, the Service Contract of the polluting boat may be unilaterally terminated, and the boat may be removed from the Marina. In this case, the Boat Owner hereby accepts, declares, and undertakes that the remaining balance of the contract from the termination date will not be refunded to them. The Marina Management cannot be held responsible for any damage or loss resulting from the removal of the boat from the marina.
Article 32. The Boat Owner is responsible for all damages and losses that may occur during maneuvering.
Article 33. The Boat Owner and Crew may only provide technical services for their own boat, provided that they comply with this regulation, the relevant Labor Law, and occupational safety rules. The Boat Owner, Crew, and Boat Customers may not provide repair, modification, maintenance, etc. services on other boats.
Article 34. The Boat Owner is jointly and severally liable with their crew, guests, and customers for any damage or loss they may cause to marina facilities or other marine vessels in the Marina, directly or indirectly, for the actions and deeds of their own boat.
Article 35. Overnight stays on yachts located on land are prohibited.
Article 36. Water, electricity, and data connections to the boat can only be provided by the Marina Management. The supply of cables, hoses, and other lines extending from water, electricity, and data connection points located within the marina area to the boat is the responsibility of the Boat Owner. It is prohibited to connect water, electricity, and data lines to the boat or existing connection points within the marina area for various purposes without the written approval of the Marina Management and without the approval of safety measures. Boats wishing to obtain electricity from the marina must have installations that comply with standards, and those using heaters and similar devices must use cables according to the amperage rating. Only special electrical cables approved by the Marina Management will be connected to the electrical installation in the marina. The parties agree that the cables connected to electrical appliances on board the boat must be installed safely and professionally by the Boat Owner. Article 37. The grounding of the boat is the responsibility of the Boat Owner. The Marina Management is not responsible for any damage or loss resulting from voltage drops, voltage fluctuations, power or data outages, etc. Article 38. The Boat Owner is solely responsible for the protection of all equipment and materials kept on and around the boat against all weather and sea conditions and theft. Article 39. The Boat Owner shall take all necessary and adequate precautions against water ingress into the boat due to rain and other reasons. The Marina Management is not obligated to drain the water from the boat. The Boat Owner hereby accepts, declares, and undertakes that they assume all responsibility for any environmental pollution that may arise from their boat when establishing water drainage systems on their boat and/or requesting assistance from the Marina Management in this regard. Article 40. Yacht Storage Areas refer to areas of various sizes, enclosed on all four sides with roofs, walls, and various other types of coverings, allocated by the Marina Management. It is prohibited to store illegal, flammable, explosive, or customs-related materials inside Yacht Storage Areas. Yacht Storage Areas can be rented at a price determined by the Marina Management. The security of the Yacht Storage Areas is the responsibility of the charterer. Article 41. It is prohibited to store, keep, or occupy areas such as marina pontoons, quays, and piers, pedestrian or vehicle paths, and other general use areas with lockers, sheds, etc. The Marina Management is not responsible for the loss, theft, or damage of such materials. Article 42. Painting, sanding, polishing, etc., is prohibited on marina quays, piers, and all areas designated for boat mooring, pedestrian or vehicle paths, and other general use areas. Article 43. The Boat Owner is responsible for the presence of harmful creatures such as pests and rodents on the boat and/or unsanitary odors emanating from the boat.
Article 44. The Marina Management is responsible for taking all necessary precautions against unacceptable situations within the Marina, such as the spread of similar effects. If deemed necessary, the Marina Management may take the necessary measures to remedy the identified problem, with all expenses borne by the Boat Owner. Dangerous situations that may occur on a boat without an authorized person on board may be attempted to be resolved by the Marina Management's timely notification and good-faith intervention within its capabilities. If deemed necessary, the Marina Management may change the location of the boat. In this case, the costs of the work done by the Marina Management shall be paid by the Boat Owner. In extraordinary circumstances, the Marina Management may change the mooring locations of the boats, and necessary emergency repairs may be carried out in the name of the owner or captain, and the related costs will be collected from the captain or owner. Article 45. The Boat Owner is obliged to take all necessary precautions against fire and to have fire-fighting equipment specified in the relevant legal regulations on board the boat. The Boat Owner hereby accepts, declares, and undertakes that it will not hold the Marina Management responsible for any damage or loss caused by fire. Article 46. In case of natural disasters such as fire, tornado, tsunami, earthquake, storm, and terrorist attacks, etc., within the marina, boats shall act according to the instructions of the Marina Management and provide any requested assistance. Article 47. Water skiing, jet skiing, surfing, and similar water sports and/or using watercraft are prohibited within the marina. Article 48. Swimming, diving, and fishing in the marina's water area are strictly prohibited. Article 49. Keeping pets within the marina is subject to the written permission of the Marina Management. Permitted pets cannot be left unattended and can only be walked on a leash. Pets without veterinary-approved vaccination cards will not be allowed into the marina. The boat owner is responsible for cleaning up any pollution caused by pets and for any damage or loss they may cause. Article 50. It is prohibited to have satellite dishes or similar private communication devices on the pontoon. Article 51. Loud music and noise pollution are prohibited within the marina. If deemed necessary by the Marina Management, the Service Agreement of any boat causing noise pollution will be unilaterally terminated, and the boat will be removed from the marina. In this case, the Boat Owner hereby accepts, declares, and undertakes that the remaining balance of the contract will not be refunded. The Boat Owner cannot claim any rights or compensation for the termination resulting from this violation. Article 52. Visitors under the age of 18 are under the responsibility of their guardians in the marina. Article 53. Visitors who cannot swim may not walk around on piers and/or moored boats without life jackets. Article 54. Laundry, sails, etc., may not be washed or dried on pontoons, quays, piers, and other areas. Washing and drying sails, canvas, and inflatable boats may only be done in areas permitted by the Marina Management. Article 55. Boat owners and captains must inform the Marina Management of their destination, address, and telephone number (if any) if they leave the Marina, even for a short period, by leaving their boats behind. Article 56. Land vehicles entering the Marina area may only park in designated parking areas. They must pay the fees determined and announced for this and comply with all rules established for the regulation of land traffic. Article 57. The Boat Owner is obliged to learn the legislation regarding the entry and/or exit of themselves, their boat, their crew, and their customers into and/or out of Turkish territorial waters, their navigation in Turkish territorial waters and their presence in Turkey, leaving the boat for wintering in the Marina and/or releasing it from wintering, and leaving Turkey by means other than their boat, to prepare the valid documents, take all necessary precautions, and inform the Marina Management in a timely manner. The Marina Management cannot be held responsible for any difficulties the Boat Owner may encounter due to legislation. Article 58. The boat owner is obliged to provide the Marina Management with written information regarding the number and identity details of the boat captain and crew to be assigned to work on the boat. Individuals not authorized in writing by the boat owner will be removed from the Marina by the Marina Management. The boat owner hereby accepts, declares, and undertakes that they will not hold the Marina Management responsible for any damage or loss arising from the removal of these individuals from the Marina. Article 59. The boat owner is obliged to obtain written approval from the Marina Management for any individuals, companies, or authorized service providers (including those working under warranty and personnel employed by other companies owned by the boat owner) whom they will call from outside the Marina to perform maintenance, repair, etc., work on the boat. If the personnel brought in from outside are the boat owner's own personnel, they must declare their social security declarations for the last 120 days and obtain written approval for their entry into the Marina.
The boat owner is required to fill out and sign the master entry form and pay the master entry fee determined by the Marina Management in advance. The boat owner hereby accepts, declares, and undertakes that they will be responsible for any damage or loss caused by these individuals in the Marina. If individuals are found on the boat without the necessary procedures being completed, they will be removed from the marina by the Marina Management. The boat owner hereby accepts, declares, and undertakes that they will not hold the Marina Management responsible for any damage or loss resulting from the removal of these individuals from the marina and will immediately pay three times the master entry fee as a penalty. Article 60. All maintenance, repair, technical service, etc. companies entering the marina area will submit all documents requested by the Marina Management to the Marina Management in full. The Marina Management cannot be held responsible for any financial losses arising from incomplete documentation. Article 61. The Marina Management determines the speed limits for all sea and land traffic during entry to, navigation/maneuvering within, and exit from the Marina, and announces these speed limits on written signs. In cases where there are no signs, the speed limit is a maximum of 3 nautical miles per hour for marine vessels and a maximum of 20 km per hour for land vehicles. Owners of vessels and vessels that do not comply with this speed limit will be prohibited from entering the Marina. Article 62. Turkish-flagged vessels may only be used by persons authorized in writing by the owners and captains, and who possess the necessary license to operate the vessel. Legal regulations apply to vessels flying foreign flags. Article 63. It is prohibited to discharge wastewater tanks, bilge water, and all kinds of detergents and similar chemical substances into the sea. Such waste must be delivered to waste collection facilities licensed by the Ministry of Environment and Urbanization within the framework of the Waste Collection Regulation from Vessels. Those who violate this prohibition will be reported to the Coast Guard and relevant official institutions. By law, it is mandatory for vessels to have wastewater tanks. Discharging tanks, bilge water, and all types of chemical, inorganic, and organic waste into the sea is prohibited, and those who violate this rule will be reported to the relevant sanctioning authorities and official bodies.
Article 64. The Marina Operator has the right to enter the vessel in special and emergency situations, if deemed necessary for the safety of the vessel, the safety of other persons and vessels using the marina, and to perform other activities not listed here, such as re-moored, mooring, relocating, moving, lifting, launching, and salvaging. Appropriate fees will be charged when these services are provided at the request of the Vessel Owner.
SECTION 6 / POWERS AND RESPONSIBILITIES OF THE MARINA MANAGER REGARDING MAINTAINING ORDER IN THE MARINA
The Marina Manager has the following powers to ensure the orderly, clean, and safe operation and management of the Marina, and to coordinate between the service personnel and services: Article 65. Regulates the entry, mooring, departure, maintenance and repair operations of boats in the Marina, as well as their departure from the Marina. Article 66. Selects the mooring and docking locations for boats; changes the mooring locations allocated to boats when deemed necessary and tows the boats to the necessary locations by notifying the captain and owners if they are present in the Marina, otherwise by the personnel under his/her command. Article 67. Arranges for necessary repairs in emergency situations on boats where the captain and owners are not present, and collects the cost later. Article 68. Warns boat owners or captains about behaviors that disrupt the order and tranquility of the Marina, create danger for the public, and violate the provisions specified in this regulation; removes individuals who continue the same or similar behaviors despite the warning from the Marina, notifying the Port Authority, and takes other punitive measures. Individuals other than boat owners and boaters who engage in similar behaviors are also removed from the Marina, prevented from entering the Marina, and prohibited from using the facilities. The Marina Management shall not be held responsible for any damage or loss that may occur to parties affected by the refusal of entry to the Marina or the suspension of Marina services for individuals, firms, vehicles, and marine vessels whose attitudes and behaviors are determined to be contrary to the terms of this regulation. The Marina Management shall call upon law enforcement agencies when necessary to ensure peace and security within the Marina. Article 69. The Marina Management shall examine the work carried out for the operations specified in other articles of this regulation, which are subject to permission, and grant permission when deemed appropriate. Article 70. Services may be suspended and/or permission to leave the Marina may be denied to vessels that do not pay the fees accrued in accordance with the announced tariff. Article 71. The Marina Management shall examine the work of personnel employed in other services provided under the "Tourism Business Certificate".
Article 72. It regulates the procedures, ensures coordination among these services, and requests the Ministry and/or the business manager to punish those who do not comply or exhibit objectionable behavior in accordance with Article 31 of the Tourism Promotion Law No. 2634, and to ban them from service.
Article 73. In cases where it deems necessary, it permits the operations prohibited by this regulation or may introduce new rules and regulations according to the nature of the work.
Article 74. If the facility is suitable and upon the request of the port authority, it permits boats to use marine tourism facilities in extraordinary circumstances.
Article 75. In cases where foreign-flagged marine vessels used for tourism purposes are left in Turkey in accordance with Article 46 of the Marine Tourism Regulation, it issues a document addressed to the customs and port administration indicating that these vessels are under the responsibility of the Marina. It immediately reports the status of boats that do not undergo entry and exit procedures to the authorized institution representatives in the ports. Article 75. The Marina Manager regulates the operating hours of commercial units in the Marina, including the start and end times of their services. They supervise the conduct of these activities, their cleanliness, safety, and suitability for purpose, and control the clothing and behavior of employees.
Article 76. The Marina Manager performs the duties and takes the necessary precautions as stipulated in this regulation. The Marina Manager may delegate the powers defined in this regulation to their subordinates when deemed necessary.
SECTION 7 / PROVISIONS REGARDING MOORING, PARKING AND SLIPWAY RESERVATIONS, CANCELLATION PERIODS AND CONDITIONS
Article 77. The reservation request submitted by the Boat Owner becomes final upon confirmation by the Marina Management after the advance payment reaches the Marina records. In case of reservation cancellation, the following rules apply;
Article 78. Reservations may be cancelled or their dates and times may be changed at the discretion of the Marina Management. Article 79. Completing the reservation form does not guarantee or grant the right to allocate or provide a mooring space, or to have a docking operation performed. The advance payment requested by the Marina Management must be made in order to complete the reservation process. Article 80. The Boat Owner has the right to cancel the reservation and receive a refund of the advance payment within 7 (seven) days following the reservation request, in accordance with the terms of the contract. No refunds will be given for cancellations made more than 7 (seven) days after the advance payment. Article 81. For reservations, 25% of the mooring fee, calculated according to the current price tariff and the full length and width information shown in the boat documents (or the Boat Owner's statement regarding the boat's dimensions if the documents cannot be obtained during the reservation process), will be taken as a reservation advance. The reservation request submitted by the boat owner becomes final upon confirmation by the Marina Management after the advance payment is received by the Marina Management. Article 82. If the mooring fee calculated based on the measurements declared by the Boat Owner is higher than the actual mooring fee resulting from the boat's measurement, the difference will be collected from the Boat Owner.
Article 83. If the service start date is changed to before or after the dates specified in the reservation or contract, the fee for the difference will be determined by the Marina Management.
Article 84. In case of errors in the information provided in the reservation, the Marina Management reserves the right to cancel or update the reservation without refunding the deposit.
Article 85. If the boat that has been reserved by paying the advance payment does not arrive on the specified date, the advance payment will not be refunded.
Article 86. The reservation cannot be transferred to another yacht.
Article 86. If all the requested boat documents are not submitted to the Marina Management, the reservation cannot be converted into a contract. SECTION 8 / MOORING, PARKING, AND SLIPWAY AND SERVICE AGREEMENTS AND PAYMENT OBLIGATIONS
Article 87. The Boat Owner shall pay in advance, at the rates determined by the Marina Management, all services provided to the boat or to the Boat Owner by the Marina Management or its affiliated units. The Boat Owner shall also pay in advance the stamp duty for any agreements made/to be made with the Marina.
Article 88. Fees shall be paid in full upon receipt of the invoice sent by the Marina Management to the Boat Owner. If the Boat Owner fails to pay the said amount on the payment date, they shall be deemed to be in default without the need for a warning.
Article 89. The Boat Owner/responsible person may make payments in cash, by credit card and/or bank transfer/EFT. Article 90. The payment obligation of the Boat Owner specified in this regulation is one of the essential elements of the contract, and in case of failure to make the payment on time and/or late payment, the Marina Operator shall have the right of lien, without any notice, for the duration the boat is on land or at sea, whether due to the boat occupying space or due to non-payment of incomplete documents, false statements, accommodation or service fees.
The rights of the Marina Management are reserved, and the obligation to pay any agreed or unagreed damages will arise. The boat owner acknowledges and undertakes that the Marina Management has these rights and that the boat owner will not make any direct or indirect damage claims as a result of the exercise of these rights.
Article 91. The former and/or new boat owner cannot demand any refund from the Marina Management for any remaining days of the mooring/dry dock/slipway service contract, if any.
Article 92. If the boat owner takes their contracted boat out of the marina, it may be possible for them to continue receiving service with another boat by making a new contract from the mooring place and accruing any length and width difference, if any, in order to use the remaining time.
Article 93. The boat owner cannot transfer or rent the mooring place provided to them with the service contract they have made to another person.
Article 94. Some of the fees for the basic and additional services provided by the Marina Management are specified in the marina fee schedule. It is not mandatory to list all applied fees in a printed price list, and fees for marina services may be redefined according to the requirements of the Marina Management.
Article 95. The boat owner hereby accepts and undertakes to pay the Marina Management for all services provided to the boat and to the boat, based on the values determined by the Marina Management, within the time and conditions foreseen by the Marina Management. In the event that payments are not made as specified in this article, the boat owner hereby accepts that the Marina Management has the right to apply the highest price determined for the relevant service and, if necessary, to demand interest on deferred payment, and that it may exercise this right at any time.
Article 96. Mooring fees are calculated based on the boat's total length (LOA), width (max. beam), and the unit prices valid on the day the relevant contract is signed, the boat's mooring point, and other conditions. The fee resulting from this calculation is collected in advance. The mooring period is determined based on the principle of "minimum daily use is 24 hours" and the number of nights spent. Article 97. Launching and towing fees are calculated based on the boat's total length (LOA), width (max. beam), the unit price of the lift/sled type used during the launching and/or towing operation, and the unit prices and conditions valid on the day the relevant contract is signed. The fee resulting from this calculation is collected in advance. The launching and towing operation is calculated as a whole.
Article 98. Before launching the boat, it is mandatory for the Boat Owner to pay any outstanding balance in their current account. Otherwise, the boat owner is responsible for any damage or loss resulting from the boat not being launched.
Article 99. Boats that enter the marina without signing or renewing a Mooring or Land Parking Agreement will pay the mooring fee for the period until they sign the agreement and pay the accrued mooring fee in advance, based on the daily unit price of the Sea Mooring Tariff. Article 100. The Marina Management shall collect interest from the Boat Owner on overdue payments, calculated according to the monthly late payment rate as per Law No. 6183 on the Collection Procedure of Public Receivables.
SECTION 9 / PROVISIONS REGARDING SLIPWAY SERVICES, MAINTENANCE, REPAIR AND LAND PARKING AREA
Article 101. The Marina Management may allocate space for boats and marine vessels within the area designated as the Slipway Area. For the Boat Owner to benefit from slipway services, it is mandatory to enter into a written slipway agreement with the Marina Management and to comply with the provisions of this regulation and the operating rules.
Article 102. Before the slipway operation, the Boat Owner is obliged to submit the boat registration documents and boat insurance documents, including third-party liability insurance, to the Marina Management. Otherwise, the operation will not take place. Article 103. Towing begins with lifting the boat or watercraft from the sea or its carrier and ends with the installation of struts and, if necessary, connecting crossbars after it is placed ashore. Launching begins with lifting the boat or watercraft from its location on land and ends with placing it in the sea or onto any carrier. Article 104. Towing and/or launching operations are carried out under the supervision and control of the Boat Owner. During these operations, the boat is deemed to have been received by the boat owner. If the boat is placed on a carrier, all necessary precautions for the balanced and secure maintenance of the boat on the carrier are taken and organized by the boat owner. If, after the commencement of the boat launching process and following the removal of the supports, an obstacle arises preventing the boat from being launched into the sea or placed on the carrier, beyond the fault of the Marina Management (e.g., the discovery that the boat is taking on water after launching, or the identification of a condition requiring repair to the hull), the boat owner shall bear all costs associated with waiting on the lift or slipway and/or work required to resolve the obstacle.
The boat owner agrees, declares, and undertakes to pay an additional fee for the service.
Article 105. It is mandatory for every boat hauled ashore to receive hull cleaning service if deemed necessary by the Marina Management. Hull cleaning is only performed in the area determined by the Marina Management, with management personnel and equipment, and the fee is collected in advance.
Article 106. The boat owner shall take into consideration the details regarding the hauling system to be applied, the suitability of the boat for the hauling operation in terms of constructive (parts used to complete a detail without having a load-bearing function), equipment, or other aspects, and the suitability of the principles and criteria determined by the boat manufacturer regarding the hauling and/or launching of the boat, and shall notify the Marina Management in writing before the hauling operation if there are any warnings regarding this matter. The boat owner shall submit all hull plans (boat keel) related to the boat to the Marina technical department. Any damage or loss that may occur due to the boat owner's failure to consider these matters shall be borne by the boat owner. The Marina Management shall make the final decision on the method and procedures by which the boat will be hauled and/or launched. Article 107. The Marina Operator cannot be held responsible for the failure to start or the incomplete commencement of the towing or launching operations on the planned date due to unfavorable environmental and/or weather and/or unforeseen technical conditions (wind speed, sea conditions, sea level, insufficient daylight, etc.) during the towing or launching period. Article 108. The Marina Operator cannot be held responsible for the failure to start or complete the towing or launching operation due to unforeseen reasons (unsuitable weight distribution of the vessel, limitations imposed by the vessel's constructive and equipment structure, etc.), and consequently, for the failure to fulfill the Towing Agreement on the planned date. No refund of any advance payment or fee collected by the Marina Operator for this operation can be requested. Article 109. The Vessel Owner is responsible for ensuring that the vessel's heel and trim are at the appropriate level before commencing the towing operation. Furthermore, if there are extensions on the boat, such as shroud wires, that may come into contact with the upper beam of the travel lift during the towing process, the loosening, removal, and any damage that may occur as a result of these operations are the responsibility of the Boat Owner.
Article 110. Bringing the boat to the dry dock or dry dock and maneuvering it properly for the towing operation is the responsibility of the Boat Owner. If it is not possible to bring the boat to the dry dock or take it out on time using one's own means, the operation may be carried out by the Marina Management, and the Boat Owner accepts, declares, and undertakes to pay for the service provided.
Article 111. No personnel may be present on and/or inside the boat during the towing or launching of the boat. This matter is the responsibility of the Boat Owner.
Article 112. The Boat Owner is obliged to act in accordance with the reservation time made by the Marina Management for the towing and/or launching of the boat. If the Boat Owner fails to make the necessary preparations for the launching and/or hauling operation at the designated time, the Marina Management may postpone the launching and/or hauling operation to a later suitable time. Any damage or loss resulting from this shall be the responsibility of the Boat Owner. Article 113. The area where the boat will be positioned in the dry dock area shall be determined by the Marina Management in accordance with the information provided by the Boat Owner in the Slipway Agreement. If the location of the boat exceeds the launching date specified in the Slipway Agreement and obstructs the launching of other boats, the Marina Management may change the location without notifying the boat owner. The slipway work performed for this reason shall be charged according to the principles specified in the price tariff. The Boat Owner accepts, declares, and undertakes to immediately pay the debt recorded in their current account. Furthermore, any damage or loss to the boat resulting from this slipway work shall be the responsibility of the boat owner. Article 114. It is prohibited for boat crew and boat customers to stay on boats located in the slipway area. Permission may be granted only under special circumstances and within the time and duration deemed appropriate by the slipway management. All permits must be in writing.
Article 115. It is prohibited to operate or perform actions involving vibration-producing machinery such as engines and generators on a boat located on land, to hoist sails, or to leave sails furled on open rigging. Any damage or loss resulting from this is the responsibility of the Boat Owner.
Article 116. If significant weight is to be added to or removed from a boat located on land, permission must be obtained from the Marina Management. This operation can only be carried out after written approval is obtained, and all responsibility rests with the boat owner.
Article 117. It is prohibited to dump or leave environmentally polluting waste such as bilge water, sink water, dishwashing water, toilet water, shower water, etc., outside the boat from boats located on land.
It is strictly forbidden to clean up any pollution caused by maintenance and repair work carried out by the boat owner and/or by persons and/or organizations authorized by them. The boat owner shall immediately clean up or have cleaned up the pollution. If it is determined that the cleaning has not been done or commissioned by the boat owner, a fine determined by the Marina Management will be imposed, and the Marina Management may carry out work to remove the pollution, and all resulting expenses shall be immediately paid by the boat owner. Article 118. During woodworking, painting, varnishing, welding, grinding, sanding, scraping, etc., work organized by the boat owner on the boat, all necessary precautions shall be taken by the boat owner to prevent pollution and damage to neighboring boats and facilities. Otherwise, all damages and cleaning-related expenses shall be paid by the boat owner. Work carried out without taking precautions shall be stopped by the Marina Management. The boat owner is obliged to erect/have erected a tent or similar structure as deemed appropriate by the Marina Management. Damage caused to neighboring boats and facilities due to work carried out without taking precautions will be documented in a report, and the total damage will be immediately compensated by the boat owner who caused the damage. Article 119. The supports and wedges that provide support to boats on land can only be placed and moved by Marina Management officials. It is dangerous and prohibited for individuals other than Marina Management officials to change the position of supports, wedges, and remove the crossbars between supports and wedges, and any damage or loss resulting from this is the responsibility of the Boat Owner. Article 120. The Marina Management is not obligated to provide the necessary jetties for work organized by the boat owner. Existing jetties, moorings, and planks in the slipway are primarily at the disposal of the slipway management. If the boat owner needs jetties, moorings, and planks, they will be provided for use in return for payment of the service fee determined by the Marina Management. Article 121. Attaching winter tarpaulin ropes or connections that will cause force to the support beams, or hanging chains or similar weights on the supports, is dangerous and prohibited. Article 122. It is dangerous to draw electrical energy from outside the boat to boats on land while an authorized person is not on board. The necessary precautions in this regard are taken by the boat owner, who assumes all responsibility for them. Article 123. Any damage or loss that may occur if the boat draws an excessive amount of electricity from the panels and pedestals located in the slipway is the responsibility of the boat owner. Article 124. The grounding of the boat while it is in the slipway is the responsibility of the boat owner. The Marina Management cannot be held responsible for any damage or loss that may occur due to grounding. Article 125. Permission from the Marina Management is required for roof installation (tarpaulin covering, shrink wrapping, etc.) in the slipway. The dimensions of the roof to be constructed are limited to a distance of 1 meter from the bow, stern, and both sides of the boat. The materials used must be selected in accordance with the relevant Occupational Safety and Health Law. The Boat Owner is solely, jointly, and severally liable for any damage caused to the Marina Management and its personnel, other boats and authorities in the Marina, and third parties due to the roof construction. The difference in area (m2) resulting from the roof installation in the slipway will be charged to the Boat Owner at the current price tariff. Article 126. The responsibility for taking all necessary safety and fire precautions during organized work on the boat rests with the boat owner. The possession of explosive materials on boats is strictly prohibited. The boat owner shall take measures such as not bringing dangerous materials such as LPG cylinders into the slipway and onto the boat, and not keeping materials with a high probability of explosion and/or combustion on the boat. Article 127. The Marina Management shall not use cranes, etc., brought from outside the Marina to provide launching and hauling services. Vehicle entry is not permitted.
Article 128. Boat owners and crew must leave their vehicles in the parking lot. Vehicle entry to the slipway is prohibited. Vehicle entry to the slipway may only be permitted for short periods in very necessary cases such as loading and unloading. In this case, the right of disposal belongs entirely to the Marina Management.
Article 129. The Marina Management is authorized for all services and operations in the Marina. The Marina Management accepts no responsibility for any connections that boat owners and captains may make with other organizations or individuals.
Article 130. The boat owner shall notify the Marina Management of all service and operation requests provided by the Marina. The boat owner may not assign private tasks to Marina personnel without the knowledge of the Marina Management.
Article 131. Before the boat is launched into the sea, the current account related to the slipway must be settled.
It is essential that an agreement is reached and any outstanding debt is settled. Otherwise, the Marina Management reserves the right to hold the source of the debt, services, goods, or any other object and vessel as collateral and lien until the debt is paid.
SECTION 10 / RESPONSIBILITIES AND INSURANCE
Article 132. All maritime services in the marina and shipyard will only be carried out by qualified, expert, and experienced personnel holding the relevant competency certificate for their duties. Article 133. Boat owners and captains, crew members, and boatmen are personally responsible for compensating for any damage or loss caused to other vessels and third parties by:
- During mooring and departure from the marina,
- During parking on land, launching, repair, maintenance, and servicing,
- While moored, due to failure to take necessary safety precautions. Article 134. The boat owner is obliged to learn the legislation regarding their entry into and/or exit from Turkish territorial waters, navigation in Turkish territorial waters, leaving the boat under the responsibility of the Marina Management and the termination of that responsibility, mooring and departure from the port, and departure from Turkey by means other than their boat, and to take the necessary precautions in a timely manner. Article 135. The boat owner and captain are responsible for the loss, theft, or damage of items on board, and for any accidents that may befall the guests and crew on board. Article 136. It is mandatory for the boat using the marina to have valid and adequate insurance (full comprehensive and third-party liability). The boat owner is obliged to carry out all necessary procedures in this regard. A copy of the insurance certificate will be given to the Marina Management during the signing of the mooring and/or docking agreement. Third-party liability insurance may be arranged by the Marina Management and invoiced to the boat owner for boats that do not have comprehensive insurance with accurate values, or for which the previously arranged insurance has expired and has not been renewed for valid insurance. However, the boat owner is directly responsible for any damage or loss that cannot always be covered by third-party liability insurance. Article 137. The boat owner is solely, jointly, and severally liable for the compensation of all damages caused by their crew and boat customers to the Marina Management and its personnel, other boats and authorities in the Marina, and third parties. Article 138. Damages, losses, and harms caused by the boat owner, their crew, and customers to their own boats and/or other boats, or to facilities belonging to the Marina Management, are outside the scope of the Marina Management's Liability Insurance and are not under the responsibility of the Marina Management. Article 139. Theft and losses that may occur in material and yacht storage areas are outside the scope of the Marina Management's Liability Insurance and are not under its responsibility. Article 140. Damage, loss, and harm caused by events such as the detachment of rotten or weak parts of the boat, or the separation of the keel from the keel, during the transportation of the boat from the water or from its carrier to its place on land using a travel lift, or from its place on land or on its carrier to the sea or another carrier, are outside the scope of the Liability Insurance and are not under the responsibility of the Marina Management. Article 141. Damage, loss, and harm suffered by the boat owner and/or boat crew to other boats, vehicles, equipment, and persons on and around the boat while performing maintenance and repair work on their boat on land are outside the scope of the Marina Management's Liability Insurance and are not under the responsibility of the Marina Management. Article 142. The Security Service provided by the Marina Management is solely for deterrent purposes. Because the Security Service is only a precautionary measure, the Marina Management cannot be held responsible for any material or moral damages, losses, or harm that may occur to the Boat Owner, crew, and customers due to the partial or complete theft, loss, or damage of boats and/or registered or unregistered inventory items in the Marina, or due to injuries, deaths, or acts of terrorism.
SECTION 11 / CANCELLATION OF MOORING SERVICE AND LAND PARKING AGREEMENT
Article 143. The Boat Owner hereby accepts, declares, and undertakes to comply with all the rules of the Marina Management specified in this regulation and with the general and special conditions that the Marina Management may impose and/or amend as it deems appropriate. Entry to the Marina by sea or land requires acceptance and compliance with all rules. Any conduct or practices of the Boat Owner that are contrary to Marina rules constitute a breach of contract, and in such cases, the Marina may unilaterally terminate the Mooring, Landing and Service Agreement without compensation. Article 144. The Boat Owner, Captain and/or Personnel's conduct and practices that are contrary to the Operating Regulations
Any violation of the terms and conditions of the contract constitutes grounds for termination. In the event of termination due to a violation of the regulations, service fees paid by the boat owner will not be refunded, and the Marina Management reserves the right to compensation. The boat owner cannot claim any rights or compensation for termination resulting from the violation.
Article 145. If the boat owner sells their boat within the contract period, the new owner must enter into a new contract with the current prices, starting from the date of the sale. The new contract cannot benefit from the special terms of the old contract. The former boat owner cannot claim any payment from the Management for the remaining days (if any). If the Management approves a contract with the new boat owner, the new boat owner must enter into a new contract with the Management within 7 days. Otherwise, the former yacht owner accepts and undertakes to be responsible for any problems that may arise. The Management is free to enter into a mooring contract with the new boat owner or not. Article 146. Legal action will be initiated against boat owners who do not renew their contracts after completing the boat registration form and/or signing a contract with the marina, and against boat owners who do not pay marina service fees. Notifications regarding legal proceedings will be sent to the address stated in the contract if the contract of the Turkish national boat owner is still in effect, to the last address stated in that contract (or to the address registered in the Trade Registry if it is a legal entity) if the contract has ended, or to the address obtained through their declaration if there is no contract. In accordance with the General Directorate of Security's circulars dated 23.07.1998 and numbered 145, 13.04.2000 and numbered 85 and 00113, since the marina and boats to which the boats are moored are considered their domicile, notifications to foreign national owners of foreign-flagged boats will be sent to the boats themselves. Article 147. In cases where the ownership of a boat located within the marina and continuing to receive services changes, the boat owner selling (transferring, etc.) is responsible for ensuring that the new boat owner enters into a contract with the Marina Management and submits the new boat documents to the Marina Management. The Marina Management may, at its discretion, refuse to enter into a contract with the new boat owner. In this case, the new boat owner is obligated to immediately remove the boat from the marina. Article 148. The Management reserves the right, by unilateral declaration of intent, to establish a general or special legal mortgage and exercise the right of lien on the boat and/or any other property of the boat owner, wherever the boat may be located in the marina, until the boat owner/operator fully pays the Marina Management of any monetary debts related to the boat and/or any property of the boat owner/operator, including rent, maintenance, usage fees, commission, mooring fees, work performed, services provided, or any other reason. Article 149. In the event of the termination of the Mooring/Water Parking Agreement and its non-renewal by the boat owner, or termination of the agreement by the Marina Management, the boat must leave the Marina on the same day. Otherwise, for each day the boat remains in the Marina, the Boat Owner is obliged to pay the compensation determined by the Marina Management, along with the daily unit price specified in the official Price Tariff.
SECTION 12 / GENERAL PROVISIONS
Article 150. The Boat Owner hereby accepts and undertakes to comply with all the rules of the Marina Management, whether or not specified in this regulation, all decisions of the persons authorized in this regulation, and the general and special conditions that the Marina Management may impose and/or amend as it deems appropriate. Article 151. The Marina Operator's failure to exercise, or its partial exercise or delay in exercising, its unilateral termination right and/or any other right granted to it under this Regulation, or the Marina Operator's failure to demand and/or delay in demanding that the Boat Owner comply with any of the obligations undertaken under this Regulation, does not mean that the Marina Operator has waived, will not exercise, or implicitly relinquished these rights and rights. Similarly, the Marina Operator's failure to object to any action by the Boat Owner contrary to any provision of this Regulation does not mean that it will not object to subsequent actions contrary to the same or other provisions. Article 152. The Boat Owner agrees and undertakes to act in accordance with the law on police duties and powers and general moral principles. Article 153. The "Marina Mooring - Land Parking Towing/Launching Agreement," to which this Regulation is an annex, is not a lease agreement subject to the provisions of the Turkish Code of Obligations No. 6098. Article 154. This Regulation is subject to the laws of the Republic of Turkey, and in case of dispute, the Istanbul (Anatolian) Courts and enforcement offices shall have jurisdiction. Article 155. The Marina Management, in accordance with the requests of public institutions and organizations, may provide services related to Boat Owners and Boats.
Information may be shared with public institutions and organizations.
Article 156. The Marina reserves the right to change the above-mentioned conditions at any time according to the requirements of the Marina Management.
Article 157. The addresses of the parties in the contract or the boat's notification address in the Marina where the boat is located are the notification addresses. The boat owner accepts and undertakes in advance that notifications made to these addresses will be valid unless they notify the Marina Management in writing of any address change.
Article 158. Boat and marine shows may be held at any time and in any form. The mooring places of yachts may be used within the necessary periods for the show. Boat owners must move their boats to the mooring places indicated by the Marina Management within these periods. Otherwise, the places of the boats may be changed by the Marina team and equipment in accordance with the relevant articles. The Marina Management is not responsible for any damages that may occur in this case.
SECTION 13 / SPECIAL CONDITIONS
Article 159. This regulation, which is an integral part of the Marina Mooring Service Agreement and the Launching/Land Parking Agreement, is binding on all boat owners who enter the Marina with their boats, regardless of whether they have signed the agreement or not. All boat owners are obliged to comply with the provisions of this regulation. Given that this regulation has been published on the Marina's website and can be obtained from the Marina Management's front offices upon request, the boat owner who brings their boat to the Marina acknowledges, declares, and undertakes that the mere presence of their boat within the marina is sufficient for compliance with the provisions of this regulation, even if they have not signed the agreement. Article 160. A boat owner who enters the Marina with their boat but has not signed the agreement acknowledges, declares, and undertakes that the mooring fee for the period of stay will be calculated according to the price tariff in effect on the date of signing the agreement and/or making the payment, and that they will pay this calculated amount to the Marina Management.
Article 161. The boat owner accepts, declares, and undertakes to receive notifications, advertisements, campaigns, etc., from the Marina Management via e-mail, SMS, MMS, and other commercial electronic messages specified in the Law on the Regulation of Electronic Commerce.
Article 162. This regulation is subject to the laws of the Republic of Turkey, and in case of dispute, the Istanbul (Anatolian) Courts and enforcement offices shall have jurisdiction.
Article 163. Via Marina Construction and Management Inc. reserves the right to change the above-mentioned conditions at any time according to the needs of the Marina Management.
Article 164. In matters not covered in this Regulation, the Maritime Tourism Regulation, issued pursuant to Article 37, paragraph A, subparagraph 4 of the Law No. 2634 on the Promotion of Yacht Tourism and published in the Official Gazette No. 27298 dated July 24, 2009, shall be valid. SECTION 14 / INTERNET USAGE AGREEMENT
Article 165. The username and password obtained to use the free internet service are personal and must be kept confidential and not shared with anyone.
Article 166. If the passwords are learned by others, they must be reported to the Marina Management as soon as possible and canceled/changed.
Article 167. The boat operator cannot allow others to access the internet from their account. In such a case, the responsibility for any negative consequences rests with the account holder whose identity is clearly stated below.
Article 168. Access to the following categories of websites is prohibited with the free internet service. The fact that you can access any web page through this service does not mean that the Marina Management has given permission for access to these sites;
Websites whose access is blocked under the laws of the Republic of Turkey or which have been blocked by a court order,
Websites containing racist, hateful, and insulting statements, gambling, betting, weapons, hacking, and erotic content, as well as websites that violate the laws determined by the constitution and laws,
File-sharing websites (Rapidshare, Hotfile, Sharefiles, etc.),
Websites that allow the download of illegal, copyrighted files, etc.,
Article 169. Users benefiting from free internet service are prohibited from searching for vulnerabilities in the systems used to provide this service, attempting to infiltrate using vulnerability scanning tools, and physically interfering with devices. Legal action may be taken if such actions are detected. Article 170. Downloading, using, reproducing, marketing, and distributing files (copyrighted films, music, documents, e-books, audiobooks, files, software, etc.) that constitute a crime under the laws of the Republic of Turkey (Law No. 5846 on Intellectual and Artistic Works, Law No. 3257 on Cinema, Video and Music Works, etc.) is prohibited using this internet service. Responsibility for any actions contrary to this article rests solely with the user whose information is provided below. Article 171. Sharing Personal Information
Article 172. The security of transactions such as the purchase/sale of services/products carried out using the free internet service (credit card number, name, surname, ID number, password, etc.) is solely the responsibility of the person carrying out the transaction.
Article 172. Records related to the use of the free internet service are kept for at least 6 months in accordance with Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through These Publications. In accordance with this law, these records may be shared with judicial authorities upon request when necessary.
Article 173. Personal information and data related to internet usage obtained from users who will benefit from these services will not be shared with others in any way except under the conditions and legal requirements stipulated by law, and will not be used for commercial purposes. The security of this information is protected.
Article 174. It is recommended that the device used to benefit from the free internet service has up-to-date anti-virus software for security. Article 175. If a boat using the free internet service leaves Viaport Marina for any reason, the boat owner shall contact the Marina Office to have the account opened in their name closed. Any use and responsibility for any use of the relevant account before or after the boat's departure belongs to the user specified below.
Article 176. The user hereby accepts and undertakes all legal and juridical responsibility arising from the breach of this undertaking.
I accept and undertake to protect the access account information (username and password) given to me to use the free internet service. I know that sharing my username and password is prohibited. I will change my password if forced by the system or if I suspect it has been learned by others. I will cancel my username and password in case of departure from Viaport Marina. As the applicant, I declare that I have read and understood the above-mentioned rules and I accept and undertake to comply with these rules. This contract has been prepared in a total of 176 (one hundred seventy-six) articles and 15[fifteen] pages.
Boat Name:
Boat Manager:
Signature: