DISTANCE SALES AGREEMENT
1. SUBJECT OF DISTANCE SALES AGREEMENT
Within the scope of this distance sales agreement (“Distance Sales Agreement”), boat rental service and other services, if any, and services related to all kinds of activities (in any case, all kinds of services and services related to all kinds of entertainment activities, catering and celebration services, water sports, The consumer who wants to buy (including tours, excursions, etc.) As explained in the “Membership and Usage Agreement”), submitting a reservation request (“Reservation Request”) by approving the Distance Sale Agreement, and upon this, the owner of the boat who rents the boat he wants to rent and/or offers the Extra Services he wants to receive, this Reservation Request i.e. approving the Distance Sales Agreement Thus, a contract should be established between the boat owner and the guest consumer.
The consumer accepts that this Distance Sales Agreement will be established in a binding manner between the parties (between the boat owner and the consumer) after approving this Distance Sale Agreement and if the boat owner, who is the provider of the relevant service, also approves the Distance Sale Agreement, approves the situation. Teknevia is not a party to the Distance Sales Agreement established between the consumer and the boat owner, in addition, Teknevia is not responsible for non-performance or improper or incomplete performance within the framework of the Distance Sale Agreement or the consequences of such situations.
The information and membership form (“Membership and Usage Agreement”) presented to the consumer before the establishment of this Distance Sales Agreement and the Distance Sales Agreement are recorded for the period stipulated in the legislation by Teknevia, which carries out brokerage activities by bringing together the boat owner who is the provider and the consumer, who is a consumer, During this period, the consumer will be able to access the Preliminary Information Form and the Distance Sales Agreement from the "My Account" page at tekvia.com at any time. The Preliminary Information Form and the Distance Sales Agreement will also be sent to the consumer by e-mail after each order.
The boat owner may ask the consumer to sign his own rental contract for any reason, including but not limited to, as required by insurance companies or as per company policy. The consumer is obliged to sign the contract conveyed to him by the boat owner.
2. PROVIDER'S (BOAT OWNER) INFORMATION
The information about the boat owner who provides the boat rental and/or Extra Services that the consumer requests to buy is as follows:
Provider (Boat Owner)
**Full address: *******
**Tax number / Trade registry number / Passport number / Mersis number: *******
**E-mail address: *******
The consumer can convey all of his/her complaints to the provider through the above contact information channels. In case of any problem regarding the above contact information and/or if the said information is unavailable, the consumer can forward all his/her complaints to the provider via Teknevia. For this purpose, the consumer can reach Teknevia through all communication channels whose information is given under article 3 below.
3. INFORMATION ABOUT TEKNEVIA
Teknevia provides a service to bring together the provider and the consumer, and within this framework, it operates as a broker. Information about Teknevia is as follows:
TEKNEVIA, THAT PROVIDES ITS SERVICE
Title: Teknevia Teknoloji-Muhammet Mert GÜLER
Full address: Atakent, Mithatpaşa Cd. No:116, 34670 Ümraniye/İstanbul
Phone: +90 552 858 23 70
Tax Number: 4180698278
E-Mail address: [email protected]
The provider and the consumer can convey all their complaints to Teknevia via the above contact information channels.
4. BASIC QUALIFICATIONS AND PRICE OF THE CONTRACTUAL GOODS AND SERVICES
The service subject to the contract is the rental of the boat according to the criteria chosen by the consumer, or the provision of Extra Services, which is included in the relevant advertisement under tekevia.com, and the basic features and price of these services are as follows:
** (If any) Rented boat and its basic features: **
Number of Chambers:
Key features of Teknevia Services ordered (if any):
(If any) Boat rental fee for the rental period:
Fee for Teknevia Services (if any):
All shipping, delivery and similar additional costs:
Total fee for extra services that are required to be purchased (their main features are explained below under clause 5.1):
It may be the case that various additional costs cannot be determined on the date of this Distance Sales Agreement (in particular, extra services that are not required to be purchased are within this scope). In case the consumer requests additional services during the boat rental service and/or Teknevia Services provided to him, the fee will be charged separately.
The owner of the announcement is responsible for the accuracy of the information in the advertisement subject to the reservation. If there is a disagreement between the consumer and the boat owner regarding the announcement and/or reservation details, excluding the information sent by Teknevia via e-mail and included in this Distance Sale Agreement (ie, excluding the Basic Announcement Details described below). ), the consumer and/or the boat owner are responsible for proving their own claims.
The commitment given by the boat owner to a consumer who has made a reservation regarding the boat is limited to the Basic Advertisement Details. In this context, “Basic Announcement Details” are the advertisements included in all e-mails sent by Teknevia to the boat owner and/or consumer and/or this Distance Sales Agreement before and after the reservation request, the completion of the reservation and the payment. , boat and reservation related information and all Boat visuals.
Method of calculation of unforeseen prices: In case the consumer requests additional services and/or purchases non-obligatory extra services during the purchase of the boat rental service and/or Teknevia Services, their fee will be calculated in accordance with the information communicated to him at the time of the request, and furthermore, the request from the consumer. will be.
The cost of the remote communication tool at the stage of conclusion of the contract: The consumer will personally bear the usual fee for the internet service used for the conclusion of the contract.
5. TERMS OF PAYMENT AND DELIVERY, INFORMATION ON PERFORMANCE
5.1. Basic regulations
Reservation Fee (The price to be paid for the contracted boat rental service or Teknevia Services):
Payment (Part of the Booking Fee charged at the time of booking):
Remaining payment (The remaining portion of the Booking Fee that has not been received at the time of booking)*:
Fees for additional services included or not included in the price:**
In cases where a Transitlog Document is required to be obtained from voyages that are not considered as Administrative Port Expeditions, this fee is paid by the consumer to the boat owner. Otherwise, there is no transitlog fee.
If it is stated in the Ad that the captain and crew are included, it is included in the price per Reservation.
A Final Cleaning fee may be requested for Boats with a length of more than 16 m and with more than 12 customers participating in Charters without a Captain or Crew. Otherwise, the final cleaning fee is included in the price.
Fees for additional services that are not required to be purchased (fees for those already requested by the consumer) **:
All fees and expenses that are not expressly included in the Reservation Fee are excluded from the Reservation Fee.
*Remaining Payment must be made on the Entry Date. Otherwise, “5.2.d. The rules described under the “Cancellation and Change Conditions” will be applied.
**Fees for additional services that are obligatory and not to be purchased will be paid by the consumer directly to the owner of the boat upon entry to the boat.
Payment method: Credit Card / EFT / Wire Transfer
Delivery time & important dates of the boat / Teknevia Services:
Free Cancellation Deadline:
Embarkation and disembarkation place:
The boat subject to the boat rental service and/or the boat owner, who is the provider of Teknevia Services, will be delivered to the consumer in accordance with the Membership and Usage Agreement located on the website of teknevia.com.
Policies to be applied in case of force majeure preventing the consumer from taking delivery of the boat:
Regarding force majeure that prevents the consumer from taking delivery of the boat, the rules explained under article 5.3.b, titled "Policies to be applied in case of force majeure preventing the consumer from taking delivery of the boat" will be applied.
5.2. Various rules regarding payment and Prepayment
5.2.a. Legal nature of Advance Payment:
The Advance Payment is a deposit and in the cases explained under the "Cancellation and Change Conditions" below, the said deposit may not be returned to the consumer.
Prepayment is collected by Teknevia on behalf of the boat owner who is the supplier. The said payment is deemed to have been made by the consumer to the boat owner. The owner of the boat has agreed in advance to appoint Teknevia as the authorized representative acting by proxy, regarding the collection transactions related to the services subject to this Distance Sales Agreement and limited only to these transactions. Any action to be taken by Teknevia and/or persons authorized by Teknevia shall be deemed to have been made on behalf of the boat owner.
When the consumer decides to reserve the boat owner's boat and/or Teknevia Services, he/she confirms and agrees to pay the total reservation fee (“Full Booking Fee”) shown in the related advertisements. This Full Reservation Fee includes the Reservation Fee for the boat rental service and/or Teknevia Services mentioned above, as well as the costs of compulsory and non-obligatory extra services to be purchased.
5.2.b. Various rules regarding payment
In case the payment is made by credit card, this card (up to the entire rental price) may be pre-authorized or credit card information may be stored before the Booking Request is completed. The amount equal to the Advance Payment can be directly withdrawn or blocked at the time of Booking Request. In case the credit card information is stored but the payment is not received or an authorization is placed, the Prepayment is taken at the Reservation Confirmation. In case the payment is made by debit card or any other payment method, the Advance Payment will be collected at the time of the Booking Request. In any case, if the Advance Payment is not received, Teknevia and the boat owner reserve the right to act as if the relevant reservation has not been completed, and also to cancel the reservation at any time (against Teknevia or the boat owner) without any indemnity liability.
The Boat Owner has two options regarding the timing of the Remaining Payment. Remaining Payment can be collected directly by the boat owner until the Timeout Date (explained under the heading "Cancellation and Change Conditions" below) or until the moment when the relevant boat will be delivered (“Entry Date”) via www.teknevia.com.
If the Timeout Date has been entered or passed at the time the Booking Request is submitted and the boat owner has chosen to collect the Remaining Payment by the Timeout Date, the entire Booking Fee will be collected in the above-mentioned payment process. If the Prepayment is not received during the transmission of the Reservation Request, the Booking Request will not be forwarded or accepted by the Site (defined under clause 5.2.d below), and if it has been forwarded or accepted, it will be canceled later. If the time between the time the Booking Request is sent and the Check-in Date is more than twenty-four (24) hours, the boat owner will be given twenty-four (24) hours to confirm or reject the reservation (i.e. to approve or reject this Distance Sale Agreement). If the said time is less than twenty-four (24) hours, the boat owner will be given until the Check-in Date (00:00) to approve or reject the Booking Request. If the boat owner does not take any action until this time expires, the Booking Request will be canceled automatically.
If a Booking Request is rejected, expired or cancelled, the authorization placed on the consumer's credit card, if any, will be removed or the amount charged will be refunded to the Consumer.
5.2.c. Free Cancellation Period
A free cancellation period (“Free Cancellation Period”) is granted to the consumer to re-evaluate the reservation, following the approval of the Distance Sale Agreement (“Reservation Confirmation”) by the boat owner who will provide the relevant service after the consumer approves this Distance Sale Agreement. .
The Free Cancellation Period starts with the receipt of the Booking Confirmation and lasts for a maximum of three (3) days. If there is less than three (3) days between the Timeout Date (defined below under the "Cancellation and Change Terms") and the date the Booking Confirmation is received, the Free Cancellation Period will expire on the Timeout Date.
If, during the Free Cancellation Period, the Consumer wishes to withdraw the confirmed reservation, he/she may do so at no additional charge. If the consumer withdraws the approved reservation within the Free Cancellation Period, as a consumer payment method at the time of reservation request (ie, during the confirmation of this Distance Sales Agreement by the consumer): • If the credit card is selected, the amount equal to the Advance Payment is returned to the consumer. If the withdrawal is blocked, the block equal to the Advance Payment is removed from the consumer's credit account. • If other methods are selected, the amount equal to the collected Advance Payment is returned to the consumer. • If the Consumer does not take any action regarding the reservation (including, without limitation, withdrawal of the reservation) until the Free Cancellation Period expires: • The consumer's right to free cancellation is irrevocably removed. • The boat owner becomes obliged to provide the services mentioned in the Booking Confirmation. • From this moment on, the reservation can only be canceled if permitted under the Cancellation and Change Terms.
5.2.d. Cancellation and Change Terms
Prepayment is paid by the consumer at the time of booking. After the reservation confirmation by the boat owner, the reservation can be canceled free of charge for 3 (three) days (ie, within the "Free Cancellation Period") (if there are less than 3 (three) days to the Timeout Date described below, free cancellation can be made until the Timeout Date. ). For cancellations made after the said Free Cancellation Period has expired, the Advance Payment is non-refundable. The Remaining Payment must be made by the Timeout Date, unless otherwise specified by Teknevia. In any event, the reservation becomes final as of the Timeout Date (explained below); no refund in case of cancellation; If there is an ongoing free cancellation right, this right is terminated.
Each advertisement published on the Site (hereinafter referred to as the "Site") on teknevia.com and related mobile applications and social media accounts may be subject to only one of the following cancellation and change options: Flexible Reservation: The Timeout Date is 7 (seven) days before the Check-in Date. Semi-Flexible Reservation: The Timeout Date is 14 (fourteen) days before the Check-in Date. Strict Reservation: The Timeout Date is 30 (thirty) days before the Entry Date. Super Strict Reservation: The Timeout Date is 45 (forty-five) days before the Check-in Date.
If the consumer is not present at the place where the boat will be delivered or where Teknevia Services will be provided on the Check-in Date (ie the date when the relevant boat rental starts) without canceling the reservation, Teknevia will not refund the consumer, and all payments made will be deemed to have been collected as cancellation fee.
Within the framework of this Distance Sales Agreement, “Timeout Date” refers to the date on which the reservation is finalized. In cancellations made by the consumer after this date, the payments collected by Teknevia are not refunded to the consumer. The Timeout Date will be determined according to the cancellation and change options described above.
If the consumer does not receive the boat that is the subject of the reservation without canceling the reservation on the Site or notifying Teknevia via e-mail until the Timeout Date (even if the Remaining Payment is to be paid on the Entry Date), the Consumer Reservation Fee is responsible for the whole. In this case, the boat owner can claim the Remaining Payment.
5.2.e. Authorization for Payment
The boat owner agrees in advance to appoint Teknevia as the authorized representative acting by proxy, regarding the collection transactions subject to the Distance Sales Contract and limited only to these transactions. Any action to be taken by Teknevia and/or persons authorized by Teknevia shall be deemed to have been made on behalf of the boat owner.
In this context, after third party PPEs (payment service providers) make a payment to the boat owner and it is determined in the records of third party PSPs that the relevant funds have been transferred to the boat owner, and/or Teknevia makes this payment directly, the third party ÖHSs or Teknevia (whichever made the payment) will be relieved of the payment obligation, and the consumer agrees in advance that they will not make any claims and/or claim any rights from third party ÖHS's or Teknevia.
5.3. Delivery of the Boat and Subsequent Operations
5.3.a. Late Delivery or Failure to Deliver the Boat Due to Force Majeure
If the boat owner cannot deliver the boat to the consumer on time due to force majeure, and the boat is delivered within 48 (forty eight) hours from the predetermined delivery time or within one tenth of the rental period (whichever is shorter), then the boat the owner will refund the consumer the portion of the Full Booking Fee corresponding to the delay, or if the owner and the consumer agree, the boat owner will extend the rental period by the delay period.
5.3.b. Policies to be applied in case of force majeure preventing the consumer from taking delivery of the boat
Regarding the general restrictions and developments that prevent any consumer from taking delivery of any boat, such as curfews and travel bans, the Boat Owner chooses one of the 3 standard policies below and applies the policy he has chosen in case of such a situation. The Boat Owner (i) refunds the entire fee he has received without any deduction, (ii) postpones the reservation to a later date in line with the consumer's choice***, (iii) refunds the fee or changes the date*** without any deduction upon the consumer's request. . Refunding the service fee is at Teknevia's discretion.
If such force majeure is a situation that can be avoided by choosing another boat, such as a boat malfunction, Teknevia may, at its sole discretion, assist the Consumer in finding a new Boat. If an alternative boat can be found, the payments for the first reservation will be cleared and/or deducted from the reservation price of the second reservation. However, if Teknevia wishes, it may request from the boat owner that the payments made regarding the canceled reservation by the consumer be paid to the consumer immediately and in cash.
***The above-mentioned “date change” / “date postponement” will be made as follows: One of the available dates within the following 2 seasons, proposed by the boat owner to the consumer, will be chosen by the consumer. The boat owner will suggest at least 6 different dates to the consumer. When determining the proposed dates, the boat owner will also take into account the months in which the boat should be rented in accordance with the initial reservation (“Reservation Months”). In this context, at least 2 of the dates suggested by the boat owner will be included in the Booking Months within the 2 following seasons (for example, if the booking was originally made for July, 2 of the suggested dates will be in/in July in the 2 following seasons) . If the boat owner does not propose an alternative date in accordance with the rules written here, the fee will be refunded as described above. In case of date change / date postponement, there may be differences in the Reservation Fee and other fees. These fee differences (the differences between the prices/fees determined for the first reservation and the prices/fees to be applied for the changed date) shall be borne by the consumer.
In case the reservation is postponed to a later date due to force majeure, Teknevia's liability is limited to a 12-month period and 1 postponement. In case the delay exceeds 12 months or there are two or more delays, the consumer and the boat owner do this among themselves. Teknevia has no obligation to make any effort to reach an agreement on such an issue, and an agreement on this matter will be considered an independent relationship from the boat rental relationship established through Teknevia's services. Teknevia is not responsible for the delays agreed between the consumer and the boat owner, without force majeure, and Teknevia rejects its responsibility for the reservation that occurs after such a delay, to the fullest extent permitted by law.
In any case, in order to use the "date change" / "date postponement" option, the consumer must notify Teknevia on which dates they can rent the boat. Otherwise, the consumer cannot benefit from this right and Teknevia will not be responsible for organizing the postponement.
5.3.c. Consumer's Failure to Take Delivery or Late Delivery of the Boat – Without Force Majeure
If the consumer is not ready to receive the boat on the check-in date without canceling the reservation and without any force majeure, the consumer will be deemed to have canceled the reservation, no money will be refunded, and all payments made by the consumer will be deemed to have been collected as cancellation fee.
5.3.d. Boat Owner's Right to Sufficiency Check
By renting a boat without a captain, the consumer declares and undertakes to the owner and Teknevia that he has the legally required documents, licenses and other permits to use the boat and captain the boat, as well as the ability and competence required to use the boat and to be the captain of the boat.
The consumer agrees that the owner of the boat (chartered without the captain) before or during the delivery of the boat (i) can check that the consumer has the legally required documents, licenses and other permits, and (ii) the consumer has the right to use the boat and to be the captain of the boat. accepts that he/she can check that he/she has the necessary ability and competence (ie, that he/she can put the consumer to a test within this framework).
If the consumer does not have the documents, licenses and other permits required by law to operate and captain the boat, or if the owner of the boat - at his sole discretion - determines that the consumer does not have the necessary skill or competence to operate and captain the boat. If he does, the owner of the boat may request the consumer not to sail the boat without a professional captain – all fees and expenses borne by the consumer. In this case, the owner will make a reasonable effort to find a professional captain for the boat and the rental period. For the avoidance of doubt, the owner is not obligated to find a captain.
In this case, if the consumer does not hire a professional captain for the entire rental period, (i) the consumer can use the boat without cruising with the boat, in other words, the boat cannot leave the place where it was delivered, and (ii) the consumer cannot sail with the boat. Cannot request a refund of any part of the Booking Fee.
5.3.e. Cruising, Captain's Instructions While Cruising, Supervision of Children and Pets
If the boat is chartered with a captain, the consumer and all the guests on the boat will accept and comply with all the decisions and instructions given by the captain related to / aiming at the safety of the boat, the consumer or the guests. The captain can determine and/or change the course for security reasons.
The consumer is responsible for the safety of the children on the boat and no pets or other animals can be brought to the boat without the prior permission of the boat owner.
In overnight rentals, the owner of the boat (without limitation) may request that the boat return to the last evening departure location and stay moored there for reasons such as completing the refueling and/or exit procedures. At the departure location, the consumer can stay on the boat until the departure time the next day (ie the day of departure).
5.3.f. Late or Early Return of the Boat
The boat will be returned by the consumer at the place where it was delivered on the date of entry, and in case of early return of the boat, no part of the Full Booking Fee will be refunded to the consumer.
6. PROVIDER'S SOLUTIONS FOR COMPLAINTS
The consumer can convey all kinds of complaints to the boat owner, who is the supplier, through the boat owner's contact information under article 2 above. In case of any problem regarding the contact information under Article 2 and/or if the said information is unavailable, the consumer can forward all his/her complaints to the provider through Teknevia. For this purpose, the consumer can reach Teknevia through all communication channels whose information is given under article 3.
In addition, consumers can directly convey their complaints about the services they purchase to the boat owners, or they can use Teknevia's website to convey their complaints to the boat owners. If the consumer submits his/her complaint to Teknevia, Teknevia will provide all reasonable support to resolve the related issue.
7. RIGHT OF WITHDRAWAL
Pursuant to Article 15, paragraph 1, clause (g) of the Regulation on Distance Contracts, the consumer's withdrawal regarding "contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for the purpose of entertainment or rest, which must be made on a certain date or period". has no right.
The service/services that are the subject of this Distance Sales Agreement also include renting a boat for entertainment purposes on a certain date or receiving a service for entertainment purposes (in other words, "must be done on a certain date or period… ”), if the consumer approves this Distance Sales Contract for the purchase of the services subject to this contract, the consumer will not have any right of withdrawal regarding this Distance Sales Contract.
8. MISCELLANEOUS PROVISIONS
8.2. The consumer cannot transfer the rights obtained pursuant to the Distance Sales Agreement or the relevant reservation to a third party, cannot rent the boat to a third party, cannot enter into a sub-lease relationship with the boat. If the contracted services are to be delivered to someone other than the consumer, the provider cannot be held responsible for these persons not accepting the said services.
8.3. In order for the service/services subject to this Distance Sales Agreement to be offered, all costs related to these must be fully paid by the consumer according to the payment methods chosen by the consumer during the order. If the fee for this service(s) has not been paid for any reason or the relevant payment has been cancelled, the provider shall be deemed to be relieved of all obligations regarding the provision of services.
8.4. In the event that the relevant bank or financial institution fails to pay the service fee to the provider due to the unlawful or unfair use of the credit card by unauthorized persons, not due to the fault of the consumer, after the provision of the services subject to this Distance Sales Agreement, the consumer (Teknevia's) will be obliged to pay the entire service fee to the provider or Teknevia (at its option).
8.5. In the event that the consumer defaults on transactions made with a credit card, the cardholder will be liable to pay interest and be liable to the bank within the framework of the agreements made with the relevant bank (including the credit card agreement). In this case, the relevant bank can take legal action, claim the expenses and attorney's fees to arise from the consumer, and in any case, if the consumer defaults due to his debt, if the supplier or Teknevia incurs any loss due to the consumer's late performance of his debt, the consumer will be responsible for the said loss and damage.
8.6. The boat owner, who is in the position of the provider, is responsible for providing the service/services subject to this Distance Sales Agreement to the consumer in accordance with the consumer legislation, completely and in accordance with the qualifications specified in the order.
9. EVIDENCE AGREEMENT, NOTICES
9.1. All kinds of correspondence and communication to be made between the parties (between the supplier and the consumer, who are the parties of the contract) or between Teknevia, which is the broker, and the consumer (except for mandatory cases specified in the legislation otherwise) regarding this Distance Sales Agreement, the membership of the consumer at www.teknevia.com will be made via the e-mail or telephone number specified in the account. The consumer and the boat owner are obliged to follow the notifications made via e-mail or on the Site (defined under article 5.2.d) regarding a reservation. These notifications are valid as of the date they are made and are deemed to have been received and read by the recipient. If there is a disagreement regarding the information contained in the notifications, it is the responsibility of the consumer and the boat owner to notify Teknevia as soon as this situation arises.
9.2. In all disputes that may arise from this Distance Sales Agreement, the consumer and the provider are responsible for keeping the official book and commercial records of the provider and Teknevia, as well as the electronic information kept by Teknevia in its database and/or servers, and all electronic records and other computer records of Teknevia. accepts, declares and undertakes that it will constitute binding, final and exclusive evidence and that this article constitutes a contract of evidence within the framework of article 193 of the Code of Civil Procedure.
10. RESOLUTION OF DISPUTES
The Preliminary Information Form and this Distance Sales Contract (if duly established) will be subject to Turkish Law and will be interpreted in accordance with Turkish Law. Within the scope of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, the responsibility for the service(s) subject to this Distance Sales Contract belongs to the boat owner, who is the provider himself.
In disputes that may arise regarding this Agreement, for disputes up to the value announced by the Ministry of Commerce every year, Provincial or District Consumer Arbitration Committees in the place where the consumer transaction is made or where the consumer is located, in case of disputes above the said value, the consumer transaction is made or the consumer's residence is located. Consumer Courts in the place where it is located are authorized.
This Agreement will be mutually agreed between the parties (between the consumer and the boat owner) and enter into force if the boat owner, who is the supplier, approves, after the approval of the consumer.
The Turkish version of this agreement is binding on the parties, and the English version has been prepared for information purposes. In case of conflict between the English and Turkish versions, the Turkish version will prevail and be implemented.
1. Provider – Boat Owner
(Tüm bilgileri yukarıda madde 2 altında yer almaktadır)
Tax/T.R. ID/Passport number: