MİLTA BODRUM MARİNA

Operating Regulations

GENERAL PROVISIONS, DEFINITIONS AND LEGAL BASIS

Article 1 – Purpose and Scope

These Regulations set out the management principles of Milta Turizm İşletmeleri A.Ş. Bodrum Marina Branch (“Milta Bodrum Marina”), located at Eskiçeşme Mahallesi, Neyzen Tevfik Cad. No: 9/3, Bodrum district, Muğla province, for the purpose of providing services to yachts and yachtsmen.

Article 2 – Limit of Authority

No provision of these Regulations shall grant the parties signing a Yacht Berthing and Services Agreement with Milta Bodrum Marina, or the third parties representing them or appointed or authorised by them, the right and authority to permit or consent to any act that would endanger the safety or seaworthiness of a vessel located within the Milta Bodrum Marina Facilities, whether pursuant to any Berthing and Services Agreement signed with Milta Bodrum Marina or without reliance on any such agreement.

Article 3 – Legal Basis

These Regulations have been drawn up on the basis of the following legislation:

1. a) Sub-paragraph 4 of paragraph (A) of Article 37 of the Tourism Incentive Law No. 2634,
2. b) The Yacht Tourism Regulation published in the Official Gazette dated 04.08.1983 (Articles 13 and 15/e) and the Maritime Tourism Regulation,
3. c) The Ports Regulation (Official Gazette dated 31.10.2012, No. 28453),

ç)   The Regulation on the Procedures and Principles for Granting Operating Permits to Coastal Facilities,

1. d) The Regulation on the Reception of Waste from Ships and Control of Waste, and the related Communiqué on the Fee Tariff,
2. e) The Law No. 5312 on the Principles of Emergency Response and Compensation for Damages in Cases of Pollution of the Marine Environment by Oil and Other Harmful Substances,
3. f) The Turkish Code of Obligations No. 6098 (Articles 561-580, in particular Articles 576, 579 and 580),
4. g) The Law on the Protection of Personal Data No. 6698,

ğ)   The Identity Notification Law No. 1774,

1. h) The Environmental Law No. 2872 and the Zero Waste Regulation,

ı)    The Coastal Law No. 3621.

Article 4 – Definitions

In these Regulations;

1. a) “Marina/Bodrum Marina/Milta Bodrum Marina” means Milta Bodrum Marina in the Bodrum district of Muğla province, Türkiye, including the entirety of its land and facilities.
2. b) “Customer” means the owner (registered owner), operator, Agent, charter company, captain or representative of the vessel or yacht concerned, or any third party legally authorised in respect thereof. In addition, persons who bring the vessel to the Marina and moor it there, or who place work orders, shall also be deemed to fall within this definition. Such persons shall be jointly and severally indebted and liable to the Marina Operator.
3. c) “Company/Marina Operator” means Milta Turizm İşletmeleri Anonim Şirketi Bodrum Marina Branch, which acts on behalf of the Marina defined in the Yacht Berthing and Services Agreement and manages and operates the said facility.

ç)   “Agreement” means the Yacht Berthing and Services Agreement and the Custodial Berthing/Haul-Out Agreement executed between the Customer and the Company.

1. d) “Length” means the length of the vessel along the horizontal axis between the stem and the stern post of the hull (including the swimming platform).
2. e) “Maximum Beam” means the measurement taken at the widest point of the hull, perpendicular to its longitudinal axis.
3. f) “Yacht” means any craft capable of being navigated at sea and lawfully registered with the competent authority of the country whose flag it flies.
4. g) “Boat Crew” means the persons authorised by the Boat Owner to be on board the vessel and/or performing a service on board the vessel (excluding the captain, the Customer and persons providing temporary services from outside).

ğ)   “Boat Guest” means the persons brought or sent to the Marina by the Boat Owner for the purpose of making use of the vessel.

1. h) “Technician” means the craftsmen/service personnel sent by the Boat Owner, upon notification to the Marina Operator, to carry out repair and maintenance work on the Boat Owner’s vessel.

ı)    “Marina Security Area” means the area comprising the pontoons, piers, quays and technical infrastructure areas, entry to which is possible only through an authorised password/card system, and which is under the physical and electronic security control of the Marina.

1. i) “Boatyard/Haul-Out Area” means the land area belonging to the Marina, equipped with a travel lift, where vessels are hauled out of the water and kept for maintenance, repair and wintering purposes.

USE OF THE MARINA

Article 5 – Requirement of an Agreement

A Customer wishing to make use of berthing, haul-out and launch, dry storage and other services at the Marina shall enter into a Yacht Berthing and Services Agreement.

Article 6 – Equipment Requirement of the Vessel

Yachts making use of the Marina shall be fully equipped and capable of navigating by their own means.

RIGHT TO MOVE THE VESSEL, APPURTENANCES AND VOYAGES

Article 7 – Right to Move the Vessel

Where it deems necessary for the safety of the yacht, the safety of other persons using the Marina and of their yachts, and the safety of the installations, tools and equipment in the Marina, the Company shall have the right to board the yacht for the purpose of re-mooring, re-securing the mooring lines, relocating, moving, lifting, launching and salvaging it, as well as carrying out other activities not listed herein.

Unless it is proven that such activities have caused damage to the yacht and that such damage has arisen through the fault of the Company or of persons for whose acts the Company is responsible, or for purposes specific to the Company itself, the Company shall not be held liable for such damage. Any damage occurring while the vessel is being towed and relocated by the Marina’s mooring boat with the Boat Owner or Boat Crew on board shall be outside the responsibility of the Marina.

In order to enable the Company to board and relocate yachts in emergencies such as fire, the Customer shall, if leaving the Marina even for a short period, deliver to the Company the cabin entrance and/or hatch key and the ignition key of the yacht, and shall also notify the Marina official of the address and telephone number of his/her destination. These keys shall be returned by the Marina Management, against signature, only to persons holding the Customer’s written authorisation.

For the manoeuvring of the vessel within the Marina, the Boat Owner shall be responsible for ensuring that the Boat Captain and each member of the Boat Crew hold a valid and adequate seafarer’s licence, and for all consequences thereof. Vessels making use of the Marina must hold seaworthiness certificates, be fully equipped and be capable of navigating by their own means.

Article 8 – Vessel Appurtenances and Delivery of Keys

The Marina Operator shall have no obligation in the capacity of a custodian for the safekeeping of vessel appurtenances left in/on the vessel and of items other than the vessel’s fixtures, whether registered or not, and shall not be liable for the theft of or damage to such items.

Unless the key of a watercraft moored on the water surface has been delivered to the Marina in accordance with Article 7, the Marina Operator shall not be held liable for the removal of the watercraft from the Marina or for its theft. If the boat owner does not wish any person other than the captain, if any, to board his/her vessel and/or take it to sea in his/her absence, he/she must leave a spare key of the vessel with the Marina. Otherwise, all liability shall rest with the yacht owner.

Article 9 – Departure of the Vessel on a Voyage and Allocation of Berths

The Marina Operator shall be free to change, at its discretion, the position on the water surface of the watercraft to which it provides services and to place it in dry storage whenever it deems necessary.

Where the watercraft departs on a voyage for a period exceeding one day, other vessels may temporarily be taken into custody/moored at the berth it has vacated. Unless the Customer notifies the Marina Operator in advance of the departure of his/her vessel, the period during which it will remain outside and the time of its return, the Customer accepts that he/she may not be able to moor at the berth he/she vacated upon return, and that in such case an alternative berth deemed appropriate by the Marina Operator will be allocated.

USE OF THE MOORING BERTH BY THIRD PARTIES

Article 10 – Prohibition of Transfer and Leasing

The Customer may not allocate or lease to another person the mooring berth temporarily assigned to him/her. In the event that the yacht is sold or transferred, the mooring berth may not be transferred together with the yacht. Any conduct to the contrary may be deemed a just and sufficient cause rendering the Agreement null and void.

MARINA RULES

Article 11 – Entry into the Marina by sea or by land entails acceptance of, and the obligation to comply with, all of the rules.

Article 12 – The yacht shall be moved within the Marina under engine power and sails shall not be used under any circumstances.

Article 13 – When entering, leaving and manoeuvring within the Marina, the yacht shall move in such a manner and at such a speed as not to disturb or endanger other yachts. The yacht shall at all times be subject to the speed limits and regulations laid down by the Harbour Master’s Office and by other authorities having legal and judicial jurisdiction over navigation.

Unless otherwise determined by the Harbour Master’s Office, the maximum speed within the Marina sea area shall be 3 (three) knots.

Newly added

Article 14 – No yacht shall anchor in the Marina, and yachts shall be moored in such a manner as not to obstruct other yachts using the Marina.

Article 15 – All yachts shall be moored only to the bollards and fittings allocated for this purpose, in the manner deemed appropriate by the Yacht Harbour Operator. Unless otherwise agreed by the parties, the necessary lines and fenders shall be provided by the Customer. The Customer shall be responsible for ensuring that such lines and fenders are of sufficient number and quality, and for their replacement when necessary, their maintenance and their use. The yacht shall not be moored to another yacht within the Marina without the consent of the Company and of the Customer of the other yacht and/or the person responsible for the other yacht. The Customer may not refuse to cast off the mooring lines when necessary to facilitate the movement of other yachts.

Article 16 – Materials belonging to the yacht, such as boats, tools, trailers, vehicles and equipment, installation parts and the like, may not be left anywhere outside the yacht, in particular on the pontoons, piers, quays or in the car parks within the Marina, without the consent of the Company. If so left, they may be removed by the Company, with the costs and damages being borne by the Customer.

Unless a specific place on land is designated by the Company, dinghies, rowing boats and tenders shall be kept on board the yacht when not in use. Under no circumstances shall such obstacles be permitted to block the roads, pontoons, piers, quays and passageways in the Marina. The name of the yacht must be clearly marked on the yacht and on the other parts where it is legally required to be displayed.

Article 17 – Electricity and Water Installations, Prepaid Credit System

Only special marine-type cables complying with the standards shall be connected to the electricity distribution panels (pedestals) in the Marina. The parties agree that cables connected to electrical appliances on board the yacht must be routed by the Customer in a safe and professional manner.

Electricity and water are supplied in the Marina on a prepayment basis, by means of a chip key linked to the electronic online automation and prepaid (credit) system.

In the event that the credit loaded onto the chip key is exhausted, the Marina Operator shall not be liable for any damage that may occur on the vessel as a result of the interruption of electricity/water (including but not limited to batteries, security systems, fire alarm/extinguishing systems and food storage systems). Before leaving the vessel, the Customer shall be obliged to check the credit balance at the relevant panel or at the Marina Front Office and to load sufficient credit.

The Marina reserves the right to readjust the charges for electricity and water supplied from the panels in line with changing energy/water supply market conditions and to reflect the price increases made by the relevant distribution companies.

A Customer who does not switch off the electricity/water supplied through the panels by means of his/her chip key accepts that any damage that may arise from the use of such energy/water by third parties will not be borne by the Marina Operator. The Marina Operator shall not be liable for the total or partial failure to provide such services as a result of supply shortages and/or inadequacies on the part of the electricity and water distribution utilities.

Article 18 – Swimming, fishing, water-skiing, surfing, use of jet skis and diving activities are prohibited within the Marina. When changing position within the Marina, the traffic rules in the water passages and the directions of the Marina mooring boats shall be observed.

Article 19 – The Customer shall notify the Company of the licence plate numbers of all vehicles he/she leaves in the Marina car park.

Article 20 – Waste Management and Environmental Rules

Under no circumstances may waste (including reusable scrap) or any substance be thrown anywhere in the Marina or into the sea, or be left on the pontoons, piers, quays or in the car parks. Harmful and toxic substances may not be discharged unless collected by Marina personnel. Waste may not be left outside the places designated by the Marina Management, and washing and cleaning with detergent water in a manner allowing it to flow into the sea is not permitted. Chemical substances shall under no circumstances be discharged into the Marina or into the sea.

With the exception of simple repair and maintenance activities carried out by the Customer, his/her crew and family members which do not cause damage to the Marina, the berths, pontoons, piers, quays, persons in the vicinity or, in particular, other yachts, no work may be carried out within the Marina, at the berths or on the yacht without the written permission of the Marina Management (such permission may be revoked at any time by unilateral declaration of the Marina Management). Operations involving a risk of sparks/fire, such as welding, sanding and grinding, may under no circumstances be carried out at the berths or on the pontoons. Such operations may be carried out only in the Haul-Out Area and upon prior notification to the Marina Operator of the work to be performed.

The Boat Owner and/or the persons appointed by him/her and the boat crew are required to clean up immediately any pollution resulting from the repair and maintenance work they carry out and to take measures to prevent the pollution of neighbouring vessels/facilities; work found to be carried out without such measures having been taken shall be stopped by the Marina Operator.

Permission for External Technicians/Subcontractors: Technical service personnel or subcontractors brought in by the Customer from outside the Marina are obliged, prior to entering the Marina, to submit to the Marina Operator, in the manner prescribed by the relevant laws, their identity details, their social security (SGK) records as required, and the scope of the work to be performed, together with the details of the persons who will carry out the work, and to obtain permission; they are further obliged to comply with the Marina security rules and the provisions of these Regulations.

During simple repair activities, the Customer shall take all necessary measures to minimise any disturbance that may be caused to other yachts and vehicles, shall not leave any paint, varnish, tools or equipment anywhere in the Marina, and shall take the necessary precautions to prevent paint splashing. The removal of all rubbish and waste upon completion of the work shall be the responsibility of the Customer; upon request, this may be carried out by the Marina Management against a fee.

Hazardous, flammable, toxic or harmful substances, fuels and liquids that are not contained in tightly and securely sealed, leak-proof containers may not be brought into the Marina. All legislation, local laws and rules on this matter shall be strictly observed.

The Marina holds a Zero Waste Facility Certificate, and the principle is that all solid/liquid waste shall be separated at source and collected only at the places/in the containers designated by the Marina. The Customer and the crew are obliged to use the Marina’s waste reception facility and to comply with the waste delivery obligations under the Regulation on the Reception of Waste from Ships and Control of Waste.

The Customer, his/her guests and employees are obliged to comply fully with the waste management legislation in force, as updated from time to time, and with the rules of the Waste Management System applied by the Marina. The Customer, his/her guests and/or employees shall be directly liable for any administrative fines and sanctions imposed by the official authorities as a result of conduct in breach of this obligation; the Marina shall not be held liable for such fines and reserves the right of recourse against the person concerned for any loss it may suffer.

Article 21 – Carrying out work on and inside the Yacht shall be subject to the permission of the Marina Management.

Article 22 – No engine, radio, TV, device, machine or open light source that is noisy, dangerous or objectionable, or that may disturb, harass or harm the Company, the persons living in the Marina or the residents of the surrounding area, shall be used in the Marina, and no fire shall be lit. Yachts shall not transmit by radio-telephone in the Marina. The Customer shall ensure that he/she, his/her guests and other persons using his/her yacht refrain from conduct that may disturb others.

Article 23 – Customers keeping pets on board yachts shall keep them under control and shall not walk them unleashed on the pontoons, piers and quays. Customers shall clean up any mess when the general area of the Marina, and in particular the pontoons, piers and quays, is soiled by pets.

Article 24 – The Customer shall take all necessary measures to prevent a fire breaking out on his/her yacht and shall comply with all legal and local written and verbal instructions on fire precautions displayed in the Marina building. The Customer shall keep on board his/her yacht at least one fire extinguisher of TSE (Turkish Standards Institution) standard type and size, of a quality that can be used immediately in the event of a fire.

Article 25 – On yachts without a holding (black water) tank, toilets and showers may not be used and dishes and laundry may not be washed. Bilge water may not be discharged in the Marina under any circumstances.

Article 26 – All liability of the Company with regard to items left on the yacht or in the Marina shall end upon the legal termination of the permission granted to the Customer to use the Marina facilities for the yacht and its belongings. The Company shall not accept liability for any loss or damage occurring to a Yacht or items left in the Marina without its approval, other than loss or damage arising through its own fault or the fault of persons for whom it is responsible. The Customer shall be responsible for the loss, theft and damage of items on board the yacht.

Article 27 – Customers and their crews shall park their vehicles in accordance with the instructions of the Company. All vehicles and towing vehicles shall be parked in such a way as not to block the pedestrian roads, paths or any work area in the Marina.

Article 28 – If damage is caused by a yacht or vehicle to the Marina, to the machinery and equipment of the Marina, or to any yacht or vehicle within the Marina, the Customer or the persons responsible for the yacht or vehicle causing the damage shall immediately inform the Company of the situation.

Article 29 – Customers shall comply with all reasonable measures taken by the Company, at such times as it deems appropriate, for the purpose of ensuring the safety of the Marina.

Article 30 – Young children shall be under the responsibility of their parents/guardians in the Marina.

Article 31 – Notification of Change of Ownership

In the event of the sale or transfer of the yacht subject to the Agreement, or the creation of a mortgage thereon, the Customer shall be obliged to notify the Company in writing, within 3 (three) days from the date of the transaction, of the name, surname/trade name and full address of the new right holder (who may be the purchaser, the transferee or the mortgagee).

If this notification is not made within the prescribed period, the former Customer shall be exclusively liable for any loss, damage, loss of rights and legal liability that arises or may arise due to the Company not being aware of the existence of the new right holder. The Company reserves the right of recourse against the former Customer for any loss it may suffer for this reason.

Article 32 – Coordination with the Harbour Master’s Office

The Marina Management shall warn yachts and persons disturbing the peace, order and safety of the yacht harbour and, if necessary, shall have them removed from the yacht harbour. The Marina Management shall notify the Bodrum Harbour Master’s Office of yachts that it has decided to remove from the yacht harbour before implementing such decision.

Pursuant to the Ports Regulation, the Marina Operator shall be obliged to comply with the instructions of the Harbour Master’s Office applicable within its administrative area and with all of its decisions in situations requiring emergency response with regard to states of emergency, mobilisation, fire, marine pollution, crisis management and the safety of navigation, life, property and the environment, and to take the necessary measures.

The responsibility of a Foreign-Flagged Yacht Owner shall continue until he/she completes his/her formalities with the public authorities and gives notice of his/her departure from Türkiye. The boarding of a vessel whose legal formalities have been completed and which has been left under the responsibility of the Marina Directorate by its owner, captain, crew and third parties shall be subject to the permission of the Marina Management.

Article 33 – In emergencies, the Company shall move yachts away from their berths and shall have the necessary repairs carried out on behalf of the captain or the Customer and collect the cost thereof.

Article 34 – Principles of Charging and Price Tariff

The Company may refuse permission to leave the yacht harbour to yachts that do not pay the charges specified in the Ministry-Approved Price Tariff (including the discounts and exemptions provided therein).

Principles Applicable to Berthing Fees: Payments may be made in advance or in instalments in accordance with the Company’s collection policy. The berthing fee is calculated on the basis of Overall Length × Beam × Coefficient × Days, with a minimum of 30 m² being taken as the basis for the calculation (at the discretion of the marina, calculation within the range of 25-29.99 m² may continue to be applied). For stays of between 2 and 30 days, the weekly stay category may be applied. The stamp duty, tourism tax and Municipal solid waste collection fee in force shall be applied to the berthing agreement. For stays exceeding the specified period, the daily berthing fee shall apply. VAT shall be added to berthing fees in accordance with the current VAT legislation. As also determined in the Ministry-Approved price tariff, an average annual increase may be made in the price tariff and/or a discount may be applied at the discretion of the marina, taking into account the average of the Domestic Producer Price Index published by TÜİK (Turkish Statistical Institute), depending on inflation. Any discount and/or instalment arrangement is at the Company’s own initiative and shall not create an acquired right in favour of the customer; furthermore, in the event that the customer delays an instalment payment for any reason whatsoever, his/her entitlement to the discount and instalments shall be terminated.

Principles Applicable to Haul-Out and Launch Services: Prices are applied in Turkish Lira and payments shall be made in advance. VAT shall be applied in accordance with the current VAT legislation. As also determined in the Ministry-Approved price tariff, an additional increase may be made in the price tariff and/or a discount may be applied depending on inflation. Under the dry storage agreement, for additional stays and stays exceeding the specified period, a daily fee shall be applied on the basis of m² × current unit price. The stamp duty, tourism tax and Municipal solid waste collection fee in force shall be applied.

Waste Reception, Energy/Water and Other Service Fees: The collection of waste water/bilge water by boat (up to 1 tonne) shall be charged within the framework of the “Fee Tariff for Waste Reception Services from Ships” published by the Ministry of Environment, Urbanisation and Climate Change of the Republic of Türkiye. The electricity credit fee varies in line with increases in the electricity unit price, and the water credit fee and waste water fee vary in line with increases in the municipal water unit price. One car park fee is free of charge for annual yacht guests holding a berthing and haul-out agreement. VAT shall be applied to bilge collection and haul-out services in accordance with the current VAT legislation. Fitness and Wi-Fi internet services are free of charge for yacht guests. The contractor entry fee shall be applied at a 50% discount to subcontractors within the Marina and to technical service providers not located within the Marina.

INSURANCE AND LIABILITY

Article 35 – Mandatory Insurance and Submission of Policies

It is mandatory for a vessel making use of the Marina to have valid and adequate third-party liability insurance covering the Customer, the crew and the guests.

A yachtsman/Customer entering the Marina for the first time shall be obliged to submit to the Marina, at the latest on the day of entry, a valid watercraft hull (comprehensive) insurance policy and a third-party liability insurance policy, to renew the policy and maintain its validity without interruption throughout the term of the agreement, and to submit the current policy to the Marina without delay upon each renewal. In the event that a policy expiring during the term of the Agreement is not renewed in due time or the current policy is not submitted, the Marina Operator shall have the right to terminate the Agreement and remove the vessel from the Marina.

The Customer shall also be obliged to submit to the Marina Operator, at the latest on the day the vessel enters the Marina, the valid Tonnage Certificate and Seaworthiness Certificate of his/her vessel and the documents proving that he/she is authorised to sign the agreement.

For foreign-flagged vessels, it is mandatory to submit, instead of the Tonnage Certificate, a valid Transit Log (Cruising Permit) or Yacht Registration Certificate at the latest on the day of entry into the Marina.

Article 36 – Limit of Monetary Liability and Primary Recourse

The monetary liability of the Marina Operator holding the watercraft in custody is limited by Article 576 of the Turkish Code of Obligations No. 6098.

The Customer’s obligation to take out insurance against any loss/damage that may be sustained by the Customer’s craft and/or caused by the Customer’s watercraft on the sea surface and/or land area of the Marina is primary and mandatory. The existence of insurance shall not relieve the Customer/operator of the vessel of the obligation to remedy immediately, directly and primarily by making payment, any loss/damage that has occurred.

It is mandatory for a vessel making use of the Marina to have valid and adequate third-party liability insurance covering the Boat Owner, the Boat Crew and the Boat Guests. In the event that expired policies are not renewed, the Marina Operator shall have the right to terminate the agreement and remove the vessel from the Marina.

The primary recourse for securing the claims of the Marina Operator or of other persons/items that have suffered damage shall be the Customer of the vessel causing the damage. They shall not be obliged to apply first to the vessel’s insurer and await the outcome. In cases where a solution is sought primarily from the injured party’s own insurer, the portion of the damage remaining after partial coverage by the insurer, or the portion not covered due to the deductible principle, shall be paid by the Customer of the vessel upon first demand.

Before the vessel is launched, the Boat Owner must pay any outstanding balance on his/her current account, if any. Otherwise, the Boat Owner shall be liable for any loss and damage arising from the vessel not being launched.

Article 37 – Cases Excluded from Liability

Losses, damages and harm occurring in the following cases are outside the scope of the Marina Operator’s Liability Insurance and are not under the responsibility of the Marina Operator:

1. a) Damage caused by the Customer, crew or guests to their own vessels, to other vessels or to the Marina facilities,
2. b) Damage arising from persons entering the Marina from outside or from incidents of a criminal nature,
3. c) Damage occurring as a result of extraordinary natural conditions such as floods, storms, tornadoes, earthquakes and lightning,

ç)   Theft, loss and damage occurring in the custodial storage depots belonging to the Marina,

1. d) Damage occurring after technical service/maintenance-repair work not covered by a written warranty,
2. e) Damage occurring while the vessel is being towed by a mooring boat with persons on board,
3. f) Damage arising from the breaking off of rotten/weak parts of the vessel or the detachment of the keel during haul-out service,
4. g) Damage caused to themselves, to their vessel or to third parties by the Customer/crew/Owner or persons authorised by them during repair/maintenance work carried out by them in the Marina,

ğ)   Theft, loss or harm to persons that may occur due to the security service serving only as a deterrent,

1. h) Damage arising from the breaking/failure of mooring lines or fenders other than the mooring chain/line provided by the Marina,

ı)    Damage arising from the relocation of the boat stands of vessels by third parties without the written permission of the Marina,

1. j) Due to the Security Service provided by the Marina serving only as a deterrent, damage that the Boat Owner, the Boat Crew and the Boat Customers may suffer from injury, death or acts of terrorism shall also be outside the responsibility of the Marina.

Exception: In the case of damage caused by the negligence of the travel lift used during haul-out service or of the Marina personnel operating it, if it is established by a final court judgment that the fault lies with the Marina Operator, the liability and insurance cover of the Marina Operator shall come into effect.

Article 38 – Right of Retention

The Marina Operator has a right of retention over the vessel in respect of its receivables pursuant to Article 580 of Law No. 6098.

Article 39 – Joint Liability

The persons signing the agreement, the operator/Customer of the vessel, the captain who brings and moors the vessel or who signs, and the representatives of the vessel’s Customers, with or without a power of attorney, shall be deemed to be the “Customer” in relation to the Marina Operator. The Customer shall be jointly and severally indebted and liable, on the basis of fault-based or strict liability principles, for the acts and actions of himself/herself, of the person/entity he/she represents or serves, and of the technicians, external service providers and visitors he/she assigns to the service of the vessel, which cause damage to the operator or to third parties/their property. The persons who sign the agreement shall remain bound by the agreement process even if they leave their employment or are dismissed by their employer.

The Boat Owner shall be solely, jointly and severally liable for the conduct and actions of all persons on board his/her vessel falling within the scope of Boat Crew, Boat Customer and guest.

The Boat Owner shall be solely, jointly and severally liable for compensating any damage that he/she, the Boat Crew and the Boat Customers may cause to the Marina Operator, its personnel, other vessels, officials and third parties.

Article 40 – Liability for Technical Services and Claims of Third Parties

Technical services, maintenance and repair work to be provided to the vessel are not under the responsibility of the Marina Operator. In the event that firms providing technical services to the vessel and/or third parties claiming to be creditors cause an attachment or precautionary attachment to be levied on the watercraft or file a third-party ownership claim (action of replevin), the Marina Operator shall have the right to refrain from delivering the watercraft to the Customer.

The Boat Owner is obliged to inform the Marina Operator and obtain its approval for Technicians he/she calls in from outside the Marina to carry out maintenance and repair work on his/her vessel, and to pay the Contractor Entry Fee in advance. Persons found to be on board the vessel without the necessary formalities having been completed shall be removed from the Marina, in which case the Boat Owner agrees to make a penalty payment equal to twice the Contractor Entry Fee.

ANNEXES TO THE AGREEMENT, BREACH AND TERMINATION

Article 41 – Annexes to the Agreement and Sanction for Breach

The Customer acknowledges that, in addition to these Regulations, the relevant invoice, supplementary agreements, the Berthing/Haul-Out and Launch/Dry Storage Conditions, the Custodial Watercraft Berthing and Haul-Out Tariff, the Watercraft Storage/Repair Conditions, any instalment payment undertakings, and the Customer Information and Explicit Consent Text constitute integral parts and continuations of the agreement. Failure to comply with the provisions of any of these documents shall constitute a breach of contract, the sanction for which shall be the removal of the vessel from the Marina, without prejudice to the Marina Operator’s rights of retention, attachment or mortgage in respect of its receivables. In the cases provided for in the management regulations, the Marina Operator shall have the authority to haul the vessel out onto land within its own area or at other boatyards, at the expense and risk of the Customer.

Article 42 – Evacuation at the End of the Agreement, Right of Retention and Sale Procedure

As of the expiry date specified in the agreement, the custodial berthing/storage agreement shall terminate automatically without the need for any notice. For agreements exceeding 30 days, where renewal is requested, if the new agreement has not been signed and payment has not been made 14 (fourteen) days before the expiry date of the current agreement, the highest fee applied to daily berthing shall accrue for each day on which the watercraft is not collected. In order to secure its receivable, the Marina Operator may demand the receivables for the new period without delay, may make them the subject of legal or enforcement proceedings, and may take steps for the sale of the watercraft unless the amount is paid; it has a right of retention over the watercraft. Without prejudice to its receivables and right of retention, the Marina Operator may, if it so wishes, tow the vessel to another shipyard at the expense and risk of the Customer.

Article 43 – Annual Determination of Fees and Default Interest

Fees for custodial berthing on the water surface and/or storage on land are generally redetermined every year, and Customers who will enter into/renew an agreement must contact the Marina Operator for information at the latest 14 (fourteen) days before the expiry date of their current agreement. Offers to pay fees below the prescribed tariff shall not be accepted. Customers who do not sign an agreement or do not make their advance/instalment payment in due time shall be obliged to pay the applicable monthly statutory default interest for the period of delay.

Article 44 – Assignment of Receivables and Principles of Notification

The Marina Operator shall be free to transfer any of its accrued or future receivables to third parties by way of “assignment of receivables” without seeking the consent of the Customer.

Unless the Customer notifies another valid address, notices sent to the addresses specified in the agreement shall be valid and effective even if they are returned to the operator undelivered. Notices left, against signature, in the mailboxes under the supervision of the independent security unit within the Marina shall also be binding on and valid for the Customer. The Security Unit shall be free to affix documents/notices onto the watercraft.

Article 45 – Additional Charges Arising from Legislation

Additional and/or new obligations introduced by legislation during the term of the agreement with regard to waste fees, taxes, duties, tourism tax, VAT and the like shall be added to the contract price and paid by the Customer.

RULES OF CONDUCT, SECURITY AND IDENTITY NOTIFICATION

Article 46 – Rules of Conduct and Termination in Case of Breach

The Customer accepts and undertakes to comply fully with all measures taken and warnings given by the Marina Management; not to use bicycles, electric bicycles, motorcycles and similar vehicles on the pontoons; not to leave his/her pets unattended; not to make false reports or complaints; to refrain from acts disturbing the surroundings such as loud talking, playing music or playing instruments; not to engage in conduct contrary to general morality and neighbourly relations; and to comply with the pontoon access security and password rules set out in Article 47.

In the event that, despite having received one written warning due to conduct contrary to the foregoing, the Customer repeats a similar offence, the vessel berthing agreement may be terminated unilaterally by the Marina Operator for just cause and without compensation, even if the term of the agreement has not expired, and if necessary the vessel may be removed from the Marina.

Article 47 – Pontoon Access Security and Use of Passwords

Access to the Marina pontoons is through a password-protected gate access system specific to the Yacht Owner, and log records of all entries and exits are kept in the Marina information systems.

In the event that the password is shared with third parties by the Yacht Owner, his/her guests or employees without the knowledge/approval of the Marina, the Marina shall under no circumstances be held liable for any damage, loss or security breach that may arise from such sharing, and the liability shall rest exclusively with the person who shared the password. Any conduct contrary to this article shall constitute grounds for a written warning under Article 46 and, if repeated, for termination.

Article 48 – Mandatory VHF Radio Contact

For reasons of port and marina safety, the Yacht Owner and/or captain must establish contact with the Marina by making an announcement on VHF Channel 73 before entering/leaving the Marina. Those whose radios are out of order shall establish contact by telephone. Entries and exits made without establishing such contact shall be deemed a breach of security.

Article 49 – Identity Notification

Within the scope of the Identity Notification Law No. 1774, the entry by the Marina Operator of the identity details of yacht guests, employees and visitors arriving at the Marina into the information processing system of the General Directorate of Security is a legal obligation, as explained by the Law’s entry into force and implementation principles.

The Customer/Yacht Owner and the Customer shall be obliged to submit to the Marina Operator immediately, completely and accurately the identity information and documents of himself/herself, his/her crew, employees and guests required for such notification to be made in a timely and complete manner.

Bearing in mind that failure to make the identity notification within the statutory period may give rise to administrative fines and criminal sanctions both for the Customer/Yacht Owner/Yacht Guest and for the Marina, the Customer/Yacht Owner and/or the person concerned shall be directly liable for any delay, deficiency or error resulting from failure to fulfil this obligation or from the provision of late/incomplete/incorrect information. The Marina Operator’s right of recourse against the Customer/Yacht Owner for any administrative/criminal sanction and loss it may suffer for this reason is reserved.

Article 50 – Protection of Personal Data

Personal data of the Customer shall be processed by the Marina Operator pursuant to these Regulations and the relevant agreements for the purposes of the performance of the obligations arising from the agreement, the conduct and supervision of business activities, the provision of information to authorised institutions/organisations, the follow-up of legal matters and ensuring business continuity, in accordance with the legislation in force, primarily the Law on the Protection of Personal Data No. 6698 (“KVKK”), and may be transferred for the same purposes to the group companies of the Marina Operator and, upon their request, to official institutions and organisations. Details are set out in the separately drawn up KVKK Information Notice.

The Customer accepts and undertakes that he/she has obtained the personal data of third parties (crew, representatives, employees, etc.), if any, transferred by him/her to the Marina Operator under these Regulations/the agreement, in accordance with the legislation in force, primarily the KVKK, that he/she has complied with all obligations, including the obligation to inform, and that he/she is authorised to transfer such data.

Pursuant to Article 11 of the KVKK, data subjects have the right to apply to the Marina Operator to learn whether their personal data are processed, to request information if they have been processed, to learn the purpose of processing and whether they are used in accordance with that purpose, to know the third parties to whom the data are transferred, to request the rectification of incomplete/inaccurately processed data, to request the erasure/destruction of the data, and to claim compensation for damage arising from unlawful processing. The Marina Operator shall conclude applications free of charge as soon as possible according to their nature and within 30 (thirty) days at the latest. In the event that the application is rejected, the response given is found insufficient or no response is given in due time, the data subject has the right to lodge a complaint with the Personal Data Protection Board.

In the event that any personal data is transferred to the Customer by the Marina Operator under these Regulations/the agreement, the Customer may process such data solely and to the limited extent necessary for the purpose of the establishment and performance of the agreement, and may under no circumstances transfer such data abroad. In this context, the Customer shall be obliged to take all technical and administrative measures ensuring an appropriate level of security in order to prevent the unlawful processing of personal data, to prevent unlawful access to personal data and to ensure the safekeeping of personal data.

In the event of failure to fulfil the obligations set out in this article, the Customer shall be liable for any administrative and legal sanctions and all direct or indirect losses that the Marina Operator may suffer, and the Marina Operator’s right of recourse against the Customer for any loss it may suffer for this reason is reserved.

Article 51 – Epidemic Diseases and Extraordinary Health Situations

Due to pandemics (global outbreaks), epidemics and other contagious disease situations, as well as states of emergency, restrictions or similar disasters that may be declared in this context, full compliance with the legislation, circulars and restrictions put into effect by the Ministry of Health and the Ministry of Interior of the Republic of Türkiye and/or other competent official authorities, and with all measures taken by the Marina Operator in order to comply therewith (including but not limited to hygiene, distancing, capacity limitation, entry-exit restrictions, submission of test/vaccination certificates, quarantine and similar practices), is mandatory for all Customers, crew, guests, employees and visitors present within the boundaries of the Marina.

Legal proceedings shall be initiated, within the framework of the relevant legislation, against those acting in breach of this obligation. The person or persons committing the breach (jointly and severally, where there is more than one) shall be liable for any loss, damage, administrative fine and other sanction that the Marina Operator may suffer due to such breach, and the Marina Operator’s right of recourse against such persons is reserved.

Where persons acting in breach of this article have an existing berthing, haul-out or similar agreement with the Marina Operator, such agreement(s) may be terminated by the Marina Operator unilaterally, immediately and without compensation, and if deemed necessary the vessel may be removed from the Marina.

ALLOCATION OF BERTHS

Article 52 – Allocation, Change and Principles of Use of Berths

1. a) Nature of the Allocation: The Marina Operator allocates to a Customer who has entered into a berthing agreement a place within the sea area of the Marina where he/she may moor his/her vessel. It is accepted that, under the Berthing Agreement, the Customer is allocated not a specific fixed place within the Marina but any place suitable for mooring the vessel.
2. b) Right of the Marina Operator to Relocate: The Marina Operator shall have the right to change the berth of the vessel without prior notice to the Customer due to fairs and other events, repair-maintenance or investment works, or in other cases it deems necessary.
3. c) Obligation of Notification upon Departure of the Vessel from the Marina: Where the vessel is to be away from the Marina for 24 hours or longer, the Customer shall notify the Marina Operator thereof in advance. Likewise, the Customer shall inform the Marina Operator at least 24 hours in advance of his/her return to the Marina. The Marina Operator shall have the right to let another vessel use the vacant berth for as long as the vessel is not in the Marina.

ç)   Prohibition of Mooring Outside the Allocated Berth and Sanction: The Customer is obliged to moor his/her vessel only at the place allocated to him/her by the Marina Operator. In the event that the vessel is moored at a place not allocated, despite the warning of the Marina Operator, the Berthing Agreement shall be terminated unilaterally by the Marina Operator and the vessel shall be removed from the Marina; the Customer accepts and undertakes in advance that the fee for the period remaining after the date of termination shall not be refunded to him/her.

1. d) Prohibition of Transfer of the Berth: The Customer may not allocate to another person or lease the berth temporarily allocated to him/her. In the event that the vessel is sold or transferred, the berth may not be transferred together with the vessel. In case of conduct to the contrary, the Berthing Agreement shall be terminated unilaterally, the vessel shall be removed from the Marina, and the non-refund provision set out in sub-paragraph (ç) shall apply mutatis mutandis.
2. e) Use of the Mooring Chain/Line: One mooring chain and/or line is provided at the berth for mooring the vessel at sea, and the Marina Operator recommends, for the safety of the vessel, that this chain/line be attached to a suitable connection point. If the Customer prefers to use it by adding his/her own line, all liability shall rest with him/her. Apart from the mooring chain provided by the Marina Operator, it shall be the Customer’s obligation to provide, use and keep under control all lines, fenders and similar materials necessary for the safe mooring of the vessel.
3. f) Storage of Tenders, Service Boats and Jet Skis: Tenders, service boats and jet skis shall be kept on board the vessel or suspended from its davits. If they are kept in the water or placed on the pier, the Customer shall be obliged to enter into a separate berthing agreement for such craft and to pay the fee therefor; the Marina Operator reserves the right not to enter into such an agreement. It is prohibited to leave the vessel’s tender, materials and chests on the pier or elsewhere on land. The Marina Operator shall have the right to move them to a place it deems appropriate without informing the Customer. The Customer accepts and undertakes to pay the highest dry storage tariff to be charged for the area so occupied, as well as the transport fee. In the application of this sub-paragraph, the general right of retention and termination provisions of the Regulations are reserved.

GENERAL OBLIGATIONS OF THE CUSTOMER

Article 53 – General Obligations of the Customer

1. a) Compliance with Legislation: The Customer shall be obliged to learn the legislation concerning matters such as the entry into/exit from Turkish territorial waters, navigation in Turkish territorial waters and presence in Türkiye of himself/herself, his/her vessel, crew and guests, the leaving of the vessel for wintering in the Marina and/or its release from wintering, and his/her departure from Türkiye by means other than his/her vessel; to prepare the valid documents, to take all necessary measures and to inform the Marina Operator in due time in this regard. The Marina Operator shall not be held liable for difficulties that the Customer may encounter or losses he/she may suffer due to legislation.
2. b) Contact Information and Custodial Key in Case of Long-Term Departure: A Customer planning to leave his/her vessel in the Marina and depart for a long period shall be obliged to provide the Marina Operator in writing with his/her address, telephone and similar emergency contact information. The Customer may deliver the vessel’s key to the officials of the Marina Operator against signature, also declaring how many other keys belonging to the vessel there are and with whom they are held. For as long as the key is held by the Marina Operator, the Customer shall be liable for any loss and damage that may occur, other than that arising from the fault and negligence of the Marina Operator established by a final court judgment.
3. c) Notification of Third Parties to be on Board the Vessel: The Customer shall be obliged to notify the Marina Operator in writing in advance of third parties he/she will send to the Marina to use the vessel and/or stay on board the vessel during the period when he/she himself/herself is not on board, and the Customer shall also be responsible for the compliance of such third parties with the legislation. The Customer shall be liable for any loss and damage that such permitted third parties may cause within the Marina to the vessel, the Marina Operator or other third parties.

ç)   If the Boat Owner has not given written information to the Marina Operator regarding the Boat Captain and Boat Crew he/she will employ on his/her vessel, the Marina Operator shall have the authority to remove such persons from the Marina. The Boat Owner accepts that he/she cannot hold the Marina liable for any damage arising for this reason.

1. d) Emergency Intervention on an Unattended Vessel: Dangerous situations that may arise on a vessel with no authorised person on board may, if the Marina Operator is informed in time, be attempted to be remedied by intervening to the extent of its means and in good faith. The cost of such intervention shall be paid by the Customer. The Customer may not associate any loss and damage that may occur on the vessel despite the good-faith intervention of the Marina Operator with such intervention.
2. e) Fire Safety: The Customer shall be obliged to take all measures to prevent a fire from breaking out, to ensure that the electrical and fuel systems of his/her vessel comply with safety standards and are maintained, and to keep on board his/her vessel the fire-fighting equipment prescribed by the relevant legislation.
3. f) Compliance with Marina Instructions in Emergencies: The Customer and his/her crew accept and undertake to act in accordance with the instructions of the Marina Operator in emergencies such as fire, storm and the like that may occur in the Marina, and to provide any assistance requested of them.
4. g) The Customer and the Boat Owner accept and undertake in advance to comply with all rules of the Marina Management, whether or not specified in the Regulations, and with the general and special conditions to be introduced/amended from time to time.

HAUL-OUT SERVICES AND DRY STORAGE AREA

Article 54 – Dry Storage Agreement and Principles of Charging

1. a) The Marina Operator may allocate space to vessels in the area referred to as the “Haul-Out Area”; the allocation of space on land is subject to the condition that a Dry Storage Agreement has been signed between the Customer and the Marina Operator.
2. b) The Dry Storage Agreement is drawn up for the period during which the vessel will remain on land and is collected in advance; the pricing formula and unit prices shall be applied as specified in the official price tariff.
3. c) In order for a Dry Storage Agreement to be concluded, a sea berthing agreement covering the dry storage period must have been entered into beforehand.

ç)   The haul-out and launch operation is calculated as a whole and collected in advance.

1. d) The Boat Owner may have a roof/tent built over his/her vessel with the permission of the Marina. In addition, for the additional area covered by the roof, an additional fee of at least 15% of the total dry storage and haul-out and launch fees shall be paid in advance.
2. e) The hull washing service shall be carried out only in the area designated by the Marina Operator, by the personnel and with the equipment of the Marina Operator, and its fee shall be paid in advance.
3. f) Tenders, service boats, jet skis, trailers, caravans, masts, booms and personal belongings/materials may not be kept outside the places designated by the Marina (in particular in the haul-out area); keeping them there is subject to the permission of the Marina and to advance payment of the fee calculated on the basis of the m² of area occupied.

Article 55 – Definition of the Haul-Out and Launch Operation, Moment of Delivery and Obligations of the Customer

1. a) The haul-out operation begins with the lifting of the vessel from the sea or from its carrier by means of the travel lift and ends, following its placement on land, with the fitting of the boat stands and, if necessary, the connecting braces. The launch operation begins with the lifting of the vessel from its place on land by means of the travel lift and ends with its placement in the sea or on a carrier. Upon completion of the operation, the vessel shall be deemed to have been taken delivery of by the Customer.
2. b) Where the vessel is placed on a carrier, it shall be the responsibility of the Customer to take all necessary measures for its balanced and safe keeping on the carrier.
3. c) Once the launch operation has commenced and the boat stands have been removed, in the event that the operation is delayed due to an obstacle arising other than through the fault of the Marina Operator (such as the vessel being found to take on water as soon as it enters the water, or a condition requiring repair of the hull being detected), the Customer agrees to pay the travel lift waiting fee and/or additional operation fee that will arise during this process.

ç)   The Customer shall be obliged to assess himself/herself the suitability of the vessel for the haul-out operation from a constructional, equipment or technical point of view and whether it meets the haul-out/launch criteria of the manufacturer, and to notify the Marina Operator in writing of any warnings in this regard before the haul-out operation. Any loss and damage arising from failure to take these matters into account shall be borne by the Customer.

1. d) It shall be the responsibility of the Customer to ensure that the list and trim of the vessel are at an appropriate degree before the haul-out operation begins, and that the vessel is brought to the travel lift basin in time and properly secured. Where this cannot be done by his/her own means, the operation may be carried out by the Marina Operator, and the Customer agrees to pay the fee for this service.
2. e) No personnel may remain on/in the vessel during lifting by the travel lift, and this shall be the responsibility of the Customer. The Customer is obliged to act in accordance with the reserved haul-out/launch time; if the necessary preparations are not made, the Marina Operator may postpone the operation and any loss arising therefrom shall be borne by the Customer.
3. f) Damage arising from deficiencies or errors in the removal/refitting of shrouds and similar extensions that would come into contact with the upper crossbeam of the travel lift, damage arising from failure to take the necessary precautions on the vessel before and during haul-out/launch, and damage arising from weak points not notified in writing in advance with regard to the positioning of the boat stands/chocks shall be borne by the Customer.
4. g) The boat stands and chocks that support vessels on land shall be positioned and relocated only by the officials of the Marina Operator. It is absolutely dangerous and prohibited for persons other than the officials of the Marina Operator to relocate boat stands, wedges and chocks or to remove the braces between the boat stands and chocks.

ğ)   Before the launch operation, the Customer shall ensure that the pollution/waste created by the vessel has been cleaned up and that the vessel is equipped/prepared to leave the basin immediately after being launched; otherwise, the Marina Operator reserves the right not to provide the service and any loss arising shall be borne by the Customer. Likewise, it shall be the Customer’s responsibility that the vessel leaves the basin without waiting after the launch operation.

1. h) The Marina may permit the entry of external cranes and similar vehicles for the haul-out and launch service as actually needed. Trailers/cradles brought by land for the launch service must be removed from the area after being unloaded; the Marina shall not be liable for any damage occurring during the period they remain in the area.

ı)    In the event that the Boat Owner fails to take measures to avoid damaging neighbouring vessels during woodwork/painting/varnishing/sanding work, the Marina Management shall immediately stop the work, have a damage assessment carried out and hold the Boat Owner liable for the damage caused.

Article 56 – Limit of Liability of the Marina Operator

The Marina Operator shall not be held liable if the haul-out operation cannot be commenced or is left incomplete due to unsuitable environmental or weather conditions or unforeseeable technical circumstances.

Article 57 – Storage on Land: Allocation and Change of Place and Prohibited Activities

1. a) The area where the vessel will be parked shall be determined by the Marina Operator according to the information provided by the Customer in the Dry Storage Agreement. The position of a vessel that exceeds the launch date specified in the agreement and obstructs the launching of other vessels may be changed without notice to the Customer; in such case, the work carried out shall be charged according to the price tariff, and any damage that may occur to the vessel shall be borne by the Customer. Where such a vessel cannot be relocated, the loss suffered by the other vessels affected and by the Marina Operator shall also be borne by the Customer.
2. b) Apart from this, in other cases deemed necessary by the Marina Operator, the position of the vessel may also be changed without prior notice to the Customer; no fee shall be charged for such operations and the Customer shall be informed after the operation. Before leaving the Marina, the Customer shall provide the Marina Operator in writing with any preliminary information that may be useful in the event of a possible relocation during the period when he/she is not in the Marina.
3. c) It is prohibited, on a vessel on land, to run vibrating machinery such as engines/generators, to climb the mast, to lower/step the mast, to set sails or to leave sails furled on open rigging. Otherwise, any damage arising shall be borne by the Customer.

ç)   If a significant amount of weight is to be added to or removed from a vessel on land, prior notice must be given to the Marina Operator and written permission obtained; this operation may be carried out only after written approval and with all liability resting with the Customer.

1. d) Staying overnight or during the day on vessels on land (“the Boat Owner, crew, technician, Customer, guest”) is prohibited. In special cases, it shall be subject to the permission of the Marina Operator; whether or not permission is granted, the Boat Owner shall be liable for any damage arising from such stay.
2. e) It is dangerous and prohibited to tie the ropes of winter covers on the vessel, or attachments that would cause force to be exerted, to the braces of the boat stands, or to hang chains and similar weights on the boat stands.
3. f) It is inadvisable for vessels on land to draw electrical power from outside the Vessel during any period when no authorised person is on board. The Boat Owner shall be responsible for taking the necessary measures in this regard and for earthing the Vessel’s electrical installation to the ground of the area, with all liability resting with him/her.
4. g) It is strictly prohibited to discharge bilge water or waste water from dishwashing, laundry or toilets/showers from vessels parked on land. In case of non-compliance, the Marina Management shall immediately initiate legal proceedings and the costs of personnel, materials or machinery used for cleaning shall be collected in advance from the Boat Owner.

VALIDITY OF PRICE QUOTATIONS AND RESERVATION PRINCIPLES

Article 58 – Period of Validity of Price Quotations

The period of validity of a price quotation given to the Customer by the Marina Operator is 1 (one) week. If the berthing agreement and/or haul-out agreement is not signed and/or payment is not made within this period, the quotation shall become invalid, and in the event that prices have changed during this period, the current/new price tariff shall be applied to the vessel.

Article 59 – Reservation Advance and Confirmation

1. a) For berthing and/or haul-out reservations, 25% of the berthing and/or haul-out fee calculated according to the price tariff in force and the Customer’s declaration of the vessel’s dimensions shall be collected as a reservation advance.
2. b) A reservation request submitted by the Customer shall become definitive only upon receipt of the advance by the Marina Operator and written/electronic confirmation of the reservation by the Marina Operator; unconfirmed requests shall not be binding on the Marina Operator. Following the confirmation of the reservation, the relevant berthing agreement and/or haul-out agreement shall be drawn up between the Customer and the Marina Operator.
3. c) In the event that, as a result of the actual measurement of the vessel, a fee higher than the berthing and/or haul-out fee calculated according to the dimensions declared by the Customer arises, the difference shall be collected from the Customer. This indicates that the Customer is responsible for the accuracy of his/her declaration of dimensions and assumes the financial consequences of any untrue declaration.

Article 60 – Failure to Arrive for a Reservation and Prohibition of Transfer

1. d) If a Customer who has made a reservation by paying the reservation advance fails to arrive with his/her vessel on the specified date, the advance paid shall not be refunded.
2. e) If the reservation is cancelled 15 (fifteen) days or more before the reservation date, the entire advance received shall be refunded to the Customer.
3. f) If the reservation is cancelled between 7 (seven) and 14 (fourteen) days before the reservation date, 25% of the advance received shall be deducted and the remaining amount shall be refunded to the Customer.
4. g) If the reservation is cancelled less than 7 (seven) days before the reservation date, the advance paid shall not be refunded, and the no-show provision in sub-paragraph (a) shall apply by analogy.
5. h) A reservation made may not be transferred to another vessel; this shall also apply to the berthing and/or haul-out agreement to be signed as a result of the reservation.

Article 61 – Change of the Reservation Date

In order for a reservation to be postponed to another date, the Customer must give written notice to the Marina Operator at least 60 (sixty) days before the start date of the reservation. The Marina Operator shall be free to accept or reject such request for a change of date; acceptance of the request shall be subject to the written approval of the Marina Operator. An approved change of date shall be reflected in the relevant berthing agreement and/or haul-out agreement.

SETTLEMENT OF DISPUTES, NOTIFICATION AND ENTRY INTO FORCE

Article 62 – Notification

The addresses set out in the agreement or the notification address at the Marina where the vessel is located shall be the valid address for service. Unless the Customer notifies a change of address in writing, he/she accepts that notifications served to these addresses are valid.

Article 63 – General Provisions

The Customer agrees to comply with all rules of the Marina Operator, whether or not specified in these Regulations, and with any amendments to be made from time to time. The failure or delay of the Marina Operator to exercise any of its rights under these Regulations shall not mean that it has waived such rights. The Customer agrees to act in accordance with general rules of morality and law enforcement legislation. These Regulations are not a lease agreement subject to the provisions of the Law No. 6570 on Leases of Immovable Property.

The Boat Owner is obliged to ensure that he/she, his/her vessel, the Boat Crew and the Boat Customer act in accordance with the legislation (on matters such as entry into/exit from Turkish territorial waters, navigation, presence in Türkiye, wintering, etc.) and to inform the Marina Operator.

The Boat Owner may not request services from the personnel of the Marina Operator and its subcontractors, if any, without the knowledge of the Marina Operator. If the Boat Owner offers employment to the personnel of the Marina Operator without permission and employs Marina personnel, the Marina shall have the right to terminate the vessel’s agreement immediately.

The creation by the Boat Owner, the Boat Crew and the Boat Customer of noise, light or visual pollution disturbing the surroundings in the Marina, and disturbing talk/behaviour, are prohibited.

The Boat Owner, the Boat Crew and the Boat Customers may not provide services such as repair, alteration and maintenance on other vessels.

Article 64 – Competent Court and Settlement of Disputes

These Regulations are governed by the laws of the Republic of Türkiye. In the event of a dispute, the Bodrum Courts and Enforcement Offices shall have jurisdiction.

Article 65 – Entry into Force

These Regulations shall enter into force upon the approval of the Management of the Marina Operator and shall become public upon publication on the Marina’s website “www.miltabodrummarina.com” and upon being made available at the Marina Front Office on request. They are binding on all boat owners entering the Marina with their vessels, whether or not they sign an agreement.

MİLTA BODRUM MARİNA

Date of Update and Validity: 26 August 2026

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