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TEKNEVIA INTERMEDIARY AGREEMENT

PARTIES

This Teknevia Intermediary Agreement ("Agreement") has been concluded between Teknevia Teknoloji ve Turizm Anonim Şirketi ("Teknevia"), resident at Üniversite Mah. Sarıgül Sk. B Blok No: 37/1 İç Kapı No: 3 Avcılar / İstanbul, and natural and legal persons ("Boat Owner") who become members of the Teknevia Platform by accepting the terms of this Agreement to provide online boat rental services on the Teknevia Platform.

DEFINITIONS

In the application and interpretation of this Agreement, hereinafter,

Cancellation Conditions: The conditions that regulate the contractual cancellation and refund terms regarding Reservations available on the Teknevia Platform and accessible from here,

Prepayment: The prepayment in the nature of a deposit that must be made by the Member for the completion of the Reservation and equivalent to a certain rate of the total service fee,

Reservation: The process of reserving the Boat for a certain period through the Teknevia Platform by the Member for use,

Boat(s): A sailboat, motor yacht, catamaran or any other type of passenger transportation-suitable sea vessel that is listed on the Teknevia Platform and offered for online boat rental service by Boat Owners,

Teknevia Platform: www.teknevia.com website, Teknevia mobile application and all kinds of digital platforms belonging to Teknevia,

Member(s): A natural or legal person who registers to the Teknevia Platform and benefits or aims to benefit from the services offered by the Boat Owner,

refers to.

SUBJECT OF THE AGREEMENT

This Agreement regulates the procedures and principles of the intermediary service provided for the publication of rental advertisements regarding the Boat owned by the Boat Owner and/or having sublease rights through the Teknevia Platform owned by Teknevia, the ability of Members to make Reservations, and the secure collection of rental fees.

The Parties accept that the relationship arising within the scope of this agreement is an "electronic commerce intermediary agreement" within the meaning of Law No. 6563 on the Regulation of Electronic Commerce and that Teknevia acts with the title of "intermediary service provider".

MEMBERSHIP ACCOUNT

  • The Boat Owner declares and accepts that the information provided when creating the membership account belongs to him/her, is accurate and up-to-date, is 18 years of age and has legal capacity.

  • The Boat Owner accepts that he/she will not share the e-mail address and user password used when registering to the Teknevia Platform with third parties and is solely responsible for ensuring the security of this information.

  • The Boat Owner undertakes to notify Teknevia without delay if he/she determines that the e-mail and password information created when registering to the Teknevia Platform has been seized by third parties or there is unauthorized access to the membership account. Otherwise, the Boat Owner will be responsible for the damages that may occur.

  • The Boat Owner accepts that he/she has all the legal rights necessary to rent the Boat(s) added to the advertisement on the Teknevia Platform to Members, and will hold Teknevia harmless from all third party claims and demands regarding the ownership of the Boats.

  • In legal entity memberships, the natural person conducting the membership procedures undertakes that he/she has the authority to make binding decisions on behalf of the legal entity.

BOAT

  • The Boat Owner declares, accepts and undertakes that the Boat subject to the rental service subject to the Agreement has all the necessary licenses, certificates and equipment within the scope of:

    • Law No. 2634 on Encouragement of Tourism,
    • Law No. 4922 on Protection of Life and Property at Sea,
    • Regulations of the Ministry of Transport and Infrastructure and the Coast Guard Command and relevant other legislative provisions.

  • The Boat Owner undertakes to present the equipment adequacy of the Boat, insurance policies, operating licenses and commercial passenger transportation certificate to Teknevia upon request. It is entirely the Boat Owner's responsibility to ensure that the documents are current, valid and compliant with legislation. The Boat Owner will be responsible for any material and moral damages that Members may experience due to deficiencies in the equipment and/or documents of the Boat.

  • The Boat Owner accepts and undertakes that the captain and other crew involved in the performance of the Reservation service have the necessary experience, competence and qualification certificates; that the personnel will perform their duties in accordance with maritime legislation, safety rules and occupational health and safety provisions.

  • The Boat Owner accepts that he/she will not use his/her Boat in any illegal activities (smuggling, unauthorized diving, unlicensed fishing, gambling, prostitution, environmental violations, etc.); that in case of realization of such an activity or violation of the legal obligations regulated above, all administrative, criminal and financial responsibility will belong exclusively to him/her and that Teknevia has the right to claim compensation for the damage that may occur due to possible loss of reputation, to terminate this Agreement and to terminate the Boat Owner's membership.

RESERVATION MANAGEMENT

  • The Boat Owner has the right to accept or reject Reservation requests sent by Members regarding advertisements created through the Teknevia Platform through the interface provided by the Teknevia Platform.

  • The Reservation becomes final when the Boat Owner explicitly approves the relevant request through the system and the prepayment is collected through the payment infrastructure.

  • The rental relationship to be established through the Teknevia Platform will be established between the Boat Owner and the Member. The Boat Owner accepts that the Boat rental service will be provided directly by himself/herself and that Teknevia will not be responsible for personal disputes, disagreements or similar negative situations that may occur with the Member during the provision of the rental service, subject to the relevant provisions of this Agreement, and that Teknevia only provides an environment for the Member and the Boat Owner to enter into a contract within this scope and has the authority to collect payment to the extent authorized.

  • This Agreement cannot in any way be interpreted as Teknevia offering any guarantee or commitment regarding the rental of the Boat.

  • The Boat Owner accepts that the information (capacity, route, suitability for activity, etc.) that will be included in the advertisements regarding the Boat on the Teknevia Platform, the availability times for Reservation and the fee information will be accurate and up-to-date. Otherwise, Article 7.4 of this Agreement will be applied.

  • The Boat Owner undertakes to fully fulfill the performance of the Reservation he/she approves within the framework of the advertisement conditions and the provisions of this Agreement. The Boat Owner is obliged to keep the advertisement and calendar information on the Teknevia Platform accurate, up-to-date and complete. In case a Reservation is received for a date when the calendar is full or the Boat is not available due to the calendar not being updated, the Boat Owner cannot avoid performing the service; otherwise, Article 7.4 will be applied.

  • The Prepayment amount collected from Members during Reservation is determined based on the rate announced on the Teknevia Platform. The Boat Owner accepts that this Prepayment amount will be deposited by Teknevia for certain periods. If the service determined in the Reservation is performed by the Boat Owner without defect, payment is made to the Boat Owner in accordance with Article 8.2. In case the service determined in the Reservation does not occur and there is a dispute between the Member and the Boat Owner, Teknevia has the right not to pay the Prepayment amount to the Boat Owner until the dispute is resolved.

  • The Boat Owner accepts that the amount remaining between the prepayment amount and the total service fee will be paid by the Member on the Reservation day directly to the Boat Owner or to persons authorized by the Boat Owner by any of the payment methods specified in the advertisement. The Boat Owner is solely responsible for the timely and complete collection of this amount.

  • The Boat Owner may only approve changes to the Reservation date or time at his/her own discretion, subject to the Cancellation Conditions, upon the request of the Member. However, the Boat Owner is obliged to ensure that these changes are made through the Teknevia Platform.

  • The Boat Owner is obliged to keep the advertisement prices regularly updated. It is not possible to cancel reservations confirmed on non-updated prices.

  • The Boat Owner undertakes to perform the service dated with the new date under the same conditions in Reservations for which he/she has made a date change. Otherwise, in case of cancellation of the service or complaint of the Member, all responsibility belongs to the Boat Owner.

  • The Boat Owner accepts and undertakes to solve problems arising from Members (delay, capacity overflow, unforeseen demands, etc.) in the performance of the Reservation service with the highest care possible and to prioritize Member satisfaction.

  • The Boat Owner is obliged to inform Teknevia in case of any disruption in the performance of the service. In these cases, Teknevia can only intervene as a mediator for the purpose of solving the problem or establishing communication. However, the final responsibility regarding the performance of the service belongs to the Boat Owner.

  • The Boat Owner cannot avoid providing the service regarding finalized Reservations through the Teknevia Platform, except for force majeure reasons.

  • The Boat Owner accepts, declares and undertakes that he/she will not cancel the existing reservation through means such as: a. renting to another consumer at a higher price, b. planning a second tour on the same day, c. providing unverifiable reasons such as "technical failure", without a real force majeure that prevents the performance of the Reservation. Otherwise, Article 7.4 of this Agreement will be applied.

  • The Boat Owner is not obliged to pick up or drop off the Member from a location other than the Departure and Arrival Ports specified in the advertisement. The Member's requests to the contrary will be evaluated within the absolute discretion of the Boat Owner, except for locations prohibited by competent authorities. If the Boat Owner boards or disembarks the Member at a location prohibited by competent authorities, causing Teknevia or the Member to suffer any damage, the Boat Owner accepts to compensate the damage suffered.

CANCELLATION AND REFUND TERMS

  • The Boat Owner undertakes to comply with the Teknevia Cancellation Conditions announced on the Teknevia Platform and expressly accepted by the Member during the reservation.

  • The Boat Owner accepts that he/she will act in accordance with the procedures determined by Teknevia and the rules regarding refund regarding reservations canceled by the Member and will not make any claim to Teknevia for compensation of financial losses arising from cancellation or refund.

  • Teknevia may, if it wishes, cancel and change Reservations in an equitable manner outside the cases specified in the Cancellation Conditions in order to ensure customer satisfaction. In this case, the Boat Owner accepts that he/she will not request any fee or compensation under any name from Teknevia.

  • The Boat Owner accepts, declares and undertakes that if he/she does not perform the service on time and in accordance with the advertisement conditions for any reason even though he/she has approved the Reservation, he/she will refund all amounts collected for the relevant Reservation, will be responsible for any material and moral damages that the Member may experience, and will pay Teknevia a penalty clause at the rate of 20% of the total service fee of the relevant Reservation upon Teknevia's first request.

PRICING AND PAYMENTS

  • The Boat Owner accepts that in each Reservation transaction carried out through the Teknevia Platform, 40% of the total Reservation fee will be collected from the Member through the payment infrastructure integrated by Teknevia at the time of Reservation; the remaining 60% will be paid by the Member directly to the Boat Owner or to persons authorized by the Boat Owner on the reservation day.

  • Teknevia pays the Prepayment amount collected at the time of Reservation to the Boat Owner on Friday of the week following the completion of the Reservation, after the commission rate that is its receivable is set off, following the performance of the service. The Boat Owner accepts that the payment schedule is determined in this way and cannot claim late payment interest or damage compensation on the grounds of late payment.

  • For overnight Reservations, Teknevia pays the Prepayment amount collected at the time of Reservation to the Boat Owner on the first Friday following the cancellation period specified in the Cancellation Conditions for the relevant Reservation, after the commission rate that is its receivable is set off. The Boat Owner accepts that the payment schedule is determined in this way and cannot claim late payment interest or damage compensation on the grounds of late payment.

  • The Boat Owner is obliged to issue an invoice in accordance with the legislation for each transaction carried out through the Teknevia Platform.

  • The Boat Owner accepts in advance that he/she will not make any claim from Teknevia due to loss of income that may arise in case the balance amount other than the Prepayment is not paid by the Member on the Reservation day. The Boat Owner is obliged to collect the balance other than the Prepayment himself/herself.

  • The Boat Owner accepts, declares and undertakes that he/she will pay Teknevia the intermediary service fee to be determined on the total Reservation fee based on the commission rates to be announced by Teknevia on the Teknevia Platform in all Reservation transactions carried out through the Teknevia Platform.

  • The commission amount is automatically set off from the prepayment amount collected. Teknevia reserves the right to also set off transaction fees paid to the payment infrastructure service provider or banks, if any, in addition to this commission amount.

  • Teknevia has the right to temporarily change commission rates during campaign, promotion or technical improvement processes. These changes enter into force by being announced on the Teknevia Platform.

  • The Boat Owner has the right to unilaterally determine the prices for the services offered on the Teknevia Platform.

  • The Boat Owner is under the obligation not to create advertisements at a lower price than the prices announced on Teknevia and not to direct Members out of the system when offering the rental service for the same Boat through any third party, platform, intermediary other than Teknevia or directly to the Member.

CUSTOMER RELATIONS

  • The Boat Owner is obliged to respond within a reasonable time following the transfer of all kinds of information, visual and operational requests conveyed by Members through the Teknevia Platform. The right to claim compensation for damages that Teknevia may suffer due to Member dissatisfaction arising from information left unanswered or given incompletely is reserved.

  • The right of recourse to the Boat Owner for all kinds of damages that Teknevia may suffer, including compensation amounts that Teknevia will pay to the Member due to the violation of this Agreement or the failure to provide the rental service in accordance with the Agreement provisions and accepted Reservation terms or due to the unlawful actions of the Boat Owner, is reserved.

  • The Boat Owner accepts that he/she will evaluate the requests conveyed by Teknevia regarding Member requests before Reservation within the framework of good faith and reasonable cooperation; will not give irrelevant, lacking a valid explanation or misleading answers.

  • The Boat Owner accepts that he/she will not direct off-system reservations by directly communicating with Members who make Reservations to him/her through the Teknevia Platform for the same or subsequent services, will request that purchases be made through the Teknevia Platform in case of extension of the Reservation period or purchase of additional services by the Member, and will immediately notify Teknevia of the changes, otherwise this Agreement will be terminated and his/her membership may be permanently terminated and the right to compensate Teknevia's damages is reserved, and will pay Teknevia a penalty clause equal to the Reservation fee where the relevant violation is located for each violation detected.

  • In case Members direct their complaints about the service they received from Boat Owners to Teknevia with comments they made on platforms such as sikayetvar.com, Teknevia will be able to share the information that the service provider is the Boat Owner and the matters within its knowledge regarding the complaint with the relevant platforms. The Boat Owner accepts that he/she will work in full cooperation with Teknevia to remove complaints unjustly directed at Teknevia.

TERMINATION OF THE AGREEMENT

  • If any of the Parties fails to fulfill its obligations under this Agreement or acts contrary to the Agreement, the party not acting contrary to the Agreement may unilaterally terminate this Agreement, reserving the right to claim compensation for the damage suffered.

  • If the Boat Owner communicates with Members outside the Teknevia Platform and uses expressions that:

    • criticize the commission rates of the Teknevia Platform,
    • direct to provide the service from outside, or
    • disparage the Teknevia Platform, Teknevia may immediately terminate this Agreement with a notification it will make unilaterally.

CONFIDENTIALITY AND PERSONAL DATA

  • The Parties consider all kinds of written, oral, visual, electronic or digital information, documents and data belonging to each other that they learn directly or indirectly within the scope of the performance of this Agreement as "Confidential Information" unless otherwise explicitly stated in writing.

  • The Parties accept, declare and undertake to keep Confidential Information confidential, not to share it with third parties in any way, to use it only for the purpose of performing the Agreement, and to take all necessary administrative and technical measures against access by unauthorized persons.

  • Teknevia accepts that it can use Confidential Information belonging to the Boat Owner, including personal data, for the purposes listed below and to a limited extent, within the explicit knowledge and consent of the Member:

    • Providing, improving, developing, customizing and increasing user experience of the services on the Teknevia Platform,
    • ensuring system security, combating fraud and detecting abuse,
    • conducting campaign, notification, promotion, advertising, analysis and marketing activities within the framework of the Boat Owner's approval,
    • producing anonymized statistical data, making performance evaluations and reporting,
    • fulfilling legal obligations arising from current legislation. Transactions carried out within this scope are conducted in accordance with Law No. 6698 on Protection of Personal Data and relevant legislation. For detailed information, please review the Clarification Text.

  • The Boat Owner accepts, declares and undertakes that he/she will process the personal data belonging to the Member transferred to him/her within the scope of this Agreement only in line with the purposes within the scope of this Agreement and in a manner compliant with the procedures and principles specified in Law No. 6698, and will not process it for his/her own interests and/or other purposes, including but not limited to promotion, advertising or marketing activities.

  • The Boat Owner accepts, declares and undertakes that he/she will take all necessary technical and administrative measures to ensure data security in order to prevent unlawful access by third parties to the personal data transferred to him/her within the scope of this Agreement, deletion, destruction or anonymization of personal data, modification, damage or disclosure.

  • The Boat Owner accepts, declares and undertakes in advance that he/she will process the personal data obtained within the scope of this Agreement within the borders of the Republic of Turkey, will not transfer the personal data obtained to third parties within the borders of the Republic of Turkey and/or outside the borders of the Republic of Turkey without Teknevia's written consent, subject to the special provisions in other laws and the explicit provisions in the contract or contracts between the Parties, in cases where transfer abroad is mandatory, may transfer personal data abroad within the framework of the Law and secondary legislation, provided that the instructions of the Personal Data Protection Board and Teknevia's prior written consent are obtained, and cannot transfer data processing activities to the sub-data processor without Teknevia's written consent.

  • The Boat Owner is obliged to share only the minimum personal data as limited to the request and appropriate to the purpose, in cases where he/she is required to share the personal data transferred to him/her with the said administrative and judicial authorities in line with the lawful and legitimate requests of legally authorized administrative and judicial authorities, to immediately inform Teknevia of the situation and to provide the necessary support in all matters concerning Teknevia.

  • The Boat Owner accepts and declares that he/she will take all necessary measures to ensure the reliability of the personnel who have access to the personal data obtained within the scope of the Agreement, will provide training on the processing of personal data for personnel with access authority, will increase their awareness and will not receive support from personnel who do not have training and awareness in the processing of personal data.

  • The Boat Owner will immediately notify Teknevia within one (1) business day without giving any information to the Member in case of a complaint by the Member within the framework of Law No. 6698 regarding Teknevia's obligations or any request made from Teknevia in accordance with Article 11 of Law No. 6698 and in cases of data security violation. The Boat Owner will provide all kinds of support regarding any complaint and request conveyed to him/her to Teknevia and will cooperate with Teknevia. Without being limited to those listed here, the Boat Owner accepts, declares and undertakes to convey all details regarding the complaint or request to Teknevia, to immediately notify Teknevia in cases where personal data must be disclosed in accordance with Law No. 6698, and to provide Teknevia with all kinds of information and documents.

  • The Boat Owner accepts, declares and undertakes that upon the termination of the rental service, he/she will delete, destroy or anonymize the personal data obtained and will share all kinds of information and documents that Teknevia will request regarding the destruction of personal data.

INTELLECTUAL PROPERTY RIGHTS

All content created by Teknevia, including but not limited to the design, image, html code of the Teknevia Platform, and the brand and logo of Teknevia and the Teknevia Platform and all financial rights arising from them belong to Teknevia. The Boat Owner cannot use, share, distribute, display, reproduce, or make derivative works from works subject to intellectual and industrial rights belonging to Teknevia.

MISCELLANEOUS PROVISIONS

  • Teknevia reserves the right to change the provisions of this Intermediary Agreement at any time. Unless otherwise notified by Teknevia, the changes made enter into force on the date they are published on the Teknevia Platform. Boat Owners are advised to regularly review the Intermediary Agreement to be informed of changes. Boat Owners who continue to use the Teknevia Platform after the changes are deemed to have accepted the changes.

  • Failure to fulfill any provision or condition in this Agreement or non-application of an article in the Agreement does not mean that this right has been waived. Waiver of any right or claim arising from this Agreement shall not be construed as waiving any claim arising from this Agreement or the failure to fulfill any provision or condition of the Agreement. No waiver that is not made in writing and signed by the authorized persons on behalf of the Party making the waiver shall be valid.

  • In the resolution of disputes that may arise in connection with this Agreement and/or in the settlement of disputes arising from the Agreement, Teknevia's duly kept books, records and documents and other contracts and/or microfilms, microfiches and computer records related to contracts shall be deemed conclusive evidence in accordance with Article 193 of the Code of Civil Procedure No. 6100. The Parties accept, declare and undertake that these records have valid, binding and conclusive evidence nature.

  • This Agreement constitutes the entire agreement previously reached between the Parties regarding the subject of the Agreement and replaces all agreements, understandings, negotiations and statements previously exchanged in writing or verbally, publicly or implicitly regarding the subject of the Agreement.

  • Turkish Law shall apply to this Agreement and Istanbul Courts and Execution Offices are also authorized in disputes arising from the interpretation and application of the Agreement.