PART 1 : DEFINITIONS

Article 1- The following terms used in this Regulation shall have the following meanings assigned to them:

a.   “SETUR MARINAS” ” refers to the following marinas which are operated by companies in the Koç Group and form a part of the Setur Marina chain:

Setur Kalamış  and Fenerbahçe MARINAs, which are being operated by Tek-Art Kalamış  and Fenerbahçe Marmara Turizm Tesisleri A.ş., Setur Ayvalık MARINA, which is being operated by Ayvalık MARINA ve Yat İşletmeciliği Sanayi Ticaret A.ş.,Setur Çeşme MARINA, Setur Kuşadası MARINA, Setur Finike MARINA and Setur Antalya MARINA Facilities, which are being operated by Setur Servis Turistik A.ş., and additional Marinas, dry dock facilities, shipyards and jetties, which may later be included in the Setur Marina chain, and which will be operated by companies in the Koç Group as part of the Setur Marina chain during the existence of these Regulations.

b.  “MARINA FACILITY” refers to any of the marina facilities provided by each SETUR MARINA whose individual name appears at the bottom of the Marina Mooring and Lifting and Launching Contract, covered by these Regulations

c. “MARINA SECURITY AREA” refers to piers, wharfs, moles, slipways, hard standing areas, and places where boats are moored and separated from the public area by a security fence and/or railing.

d.  “MARINA”  includes  both  the  onshore  and  offshore  area  of  all  the  MARINA  FACILITIES  at  a  particular  location.

e. “BOAT” means any marine vessel, which is described as a boat, yacht or similar vessel in the measurement and tonnage certificate or registration document.

f. “BOAT OWNER” refers to the person(s) or corporate body or bodies, who are described as the "Shipowner" in the Boat's tonnage certificate or registration document. In the case of a Captain or any other person(s) or corporate body or bodies, who have been authorized by the Shipowner to operate the BOAT, this or these individuel(s) will be assigned the same responsibility as the “ BOAT OWNER” under these regulations.

g. “BOAT CREW” means any person (other than the captain, customers and independent contractors providing temporary services for the BOAT), who has been authorized by the BOAT OWNER to be present on the BOAT,

h. “BOAT CUSTOMER” means any person, who is brought to or sent by the BOAT OWNER to or from the MARINA in order to use the commercial services provided by the BOAT or the BOAT itself partially and/or wholly.

 PART 2 : OBJECTIVE AND SCOPE

Article 2- This Regulation lays down principles related to management of SETUR MARINAS, which have been established with a view to providing services for BOATS, BOAT OWNERS and BOAT CREWS in a clean, safe, and peaceful environment.

Article 3- Provisions of this Regulation shall be applicable to all persons and marine and land vehicles, which will use the SETUR MARINAS.

Article 4- BOAT OWNERS, BOAT CREWS, BOAT CUSTOMERS, and the operators and employees of all the service units at the MARINA and the guests and suppliers of the foregoing shall be deemed to have accepted to comply with the provisions of this Regulation and any decision made by the persons authorized by this Regulation.

 PART 3 : LEGAL BASIS

Article 5-This Regulation has been drawn up and issued in accordance with subparagraph A (4) of article 37 of the Law on Promotion of Tourism

(Law No. 2634) and the 13th  Article of the Regulation on Yacht Tourism, which was published in the Official Gazette on August 4, 1983.

 PART 4 : MAKING USE OF THE MARINA

Article 6- The MARINA may be used by BOATS, BOAT OWNERS, BOAT CREW, and people and companies, who have been authorized by the management of the MARINA FACILITY provided that any person, company, vehicle or marine vehicle, which have breached the provisions of this Regulation, may be denied access to the MARINA FACILITY and/or the MARINA FACILITY may suspend the services. The MARINA FACILITY will not be liable for any loss or damage, which may be incurred by the parties as a result of such denial of access or suspension of services.

Article 7- The management of the MARINA FACILITY may, at its sole discretion, allow BOATs other than private and commercial yachts defined in paragraph (c) of article 4 of the Regulation on Yacht Tourism to enter the MARINA area.

Article 8- Any BOAT, which will use the MARINA, shall be fully equipped to sail; capable of cruising by using its own equipment; be seaworthy and protected against marine conditions; be free of any substance that could pollute environment and/or equipped with equipment preventing environmental pollution.

Article 9- A BOAT may maneuver within the MARINA only if the BOAT Captain and each member of the BOAT CREW shall have a valid and adequate seaman  certificate  and  the  BOAT  OWNER  shall  be  liable  for  any  event  that  could  occur  during  such  maneuvers.

Article 10- Any BOAT, which intends to use the MARINA, shall have a valid and adequate third party indemnity insurance comprising the BOAT OWNER, BOAT CREW, and BOAT GUESTS. Any insurance policy, which will expire within the period specified in the Mooring Contract, shall be renewed by the BOAT OWNER within the specified period. Otherwise, the MARINA FACILITY shall be entitled to terminate the Mooring Contract related to such BOAT and to remove the BOAT from the MARINA.

Article 11- Any BOAT OWNER, who intends to moor his BOAT at the MARINA and use other services, shall enter into a Mooring Contract with the MARINA FACILITY on or before the date when the BOAT enters the MARINA and present documents confirming that the BOAT has a valid tonnage certificate, seaworthiness certificate and insurance policy and substantiating that he has been authorized to execute the Mooring Contract.

Article 12- Mooring and Lifting and Launching fees shall be paid in advance. Mooring and lifting and launching fees shall be computed based on the BOAT’s full length, width, and the unit prices and conditions prevailing on the date of execution of the related contract. Unit prices and other conditions pertaining to mooring and Lifting and Launching fees shall be set forth in the price list issued by the MARINA FACILITY. Mooring period shall be determined in accordance with the principle that “minimum daily use shall not be less than 24 hours” and the number of nights spent at the MARINA.

Article 13-  In order to determine the BOAT’s full length and width, an authorized representative of the MARINA FACILITY shall perform measurements on the BOAT in accordance with the criteria described hereinafter. The BOAT OWNER shall permit such representative to perform measurements on his BOAT. Full length is the horizontal distance between the foremost point on the fore of the BOAT excluding bowsprit and the rearmost point on the stern including the swimming platform and excluding davit along the centerline extending between the fore and stern. Width is the widest distance on the BOAT intersecting the centerline between the fore and stern vertically.

Article 14- Mooring fee shall be calculated based on the contract period specified in the Mooring Contract Where the mooring fee is not paid in advance by the BOAT OWNER, he shall accept and acknowledge that the mooring fee to be charged for the actual mooring period will be calculated according to the daily unit price shown in the price list. If the Lifting and Launching fee is not paid in advance, the MARINA FACILITY will not provide such service. The BOAT OWNER hereby agrees and acknowledges that the MARINA FACILITY will not be liable for any loss or damage that might be incurred by the BOAT and/or the BOAT OWNER due to such refusal to provide services. If VAT and/or other taxes are added, increased or reduced, then the MARINA FACILITY shall be entitled to pass such increases or decreases on the BOAT OWNER in accordance with provisions of this Article. Stamp taxes to be realized are payable by the BOAT OWNER.

Article 15- The Mooring Contract is specific to the BOAT and shall only apply to the specified BOAT. In no case can the Mooring Contract be assigned to any other BOAT.

Article 16- If the BOAT is sold to a new owner, then the former and/or new BOAT OWNER may not claim refunding of any amount from the MARINA FACILITY in respect of the remaining term, if any, of the Mooring Contract The MARINA FACILITY may, at its sole discretion, decide to credit unused days on the original contract to the new contract. If the MARINA FACILITY agrees to execute an agreement with the new BOAT OWNER, then the new BOAT OWNER shall promptly enter into a new Mooring Contract with the MARINA FACILITY. Otherwise, the former BOAT OWNER shall be liable for any resulting problem.

Article 17- A Mooring Contract shall remain in full force and effect between the periods specified in the Contract. A Mooring Contract may be renewed through mutual agreement based on prevailing conditions upon the BOAT OWNER’s request 15 days prior to expiry of the original term. The MARINA FACILITY reserves the right not to renew the Mooring Contract based on its sole discretion.

Article 18- Fees related to all services offered by the MARINA FACILITY are accrued in the foreign currency specified in the formal price tariff. Such fees may be paid in such currency or TL/YTL equivalent thereof based on the foreign exchange buying rate declared by the Turkish Central Bank on the date of payment. Even if the amount specified in an invoice is converted to TL/YTL, the BOAT OWNER shall agree and acknowledge in advance that the amount he is required to pay to the MARINA FACILITY will be calculated and recorded in the specified currency.

Article  19- The BOAT OWNER shall be familiar with laws and regulations governing to entry and/or exit of his BOAT, BOAT CREW, and BOAT CUSTOMER to and from the Turkish territorial waters, its navigation on the Turkish territorial waters and presence in Turkey, leaving the BOAT at the MARINA for wintering and/or its demooring without wintering and his departure from Turkey by a vehicle other than his BOAT and draw up required documents and take all precautions and to inform the MARINA FACILITY in respect of the foregoing in due time. The MARINA FACILITY shall not be held liable for any difficulty, which may be experienced by the BOAT OWNER due to such laws and regulations.

Article  20- The BOAT OWNER shall furnish the MARINA MANAGEMENT with a notice in writing containing details regarding the BOAT Captain and BOAT CREW, who will be employed on the BOAT. Any person, who has not been authorized by the BOAT OWNER in writing, will be removed from the MARINA by the MARINA FACILITY. The BOAT OWNER shall agree and acknowledge in advance that he will not hold the MARINA FACILITY responsible for any loss or damage resulting from removal of such person from the MARINA.

Article  21- The BOAT OWNER shall obtain prior approval of the MARINA FACILITY in respect of any person, company or authorized servicing company, which it will hire to carry out repair, maintenance, etc. of his BOAT. The BOAT OWNER shall complete and sign a Technician Access Form related to access of such persons to the MARINA and pay the Technician Access Fee fixed by the MARINA FACILITY in advance. The BOAT OWNER shall agree and acknowledge in advance that he will be liable for any loss or damage, which may be caused by such persons at the MARINA. Any person, who has entered the BOAT without completing necessary formalities, will be removed from  the MARINA by the MARINA FACILITY. The BOAT OWNER shall agree and undertake not to hold the MARINA FACILITY responsible for any loss or damage resulting from the removal of such persons from the MARINA and to pay an amount equal to twice the amount of the Technican Access Fee related to such person as a fine.

Article 22- A part of the fees related to the primary and additional services offered by the MARINA FACILITY are shown in the MARINA fee tariff. All the chargeable fees may not be shown in the printed fee tariff and the fees related to MARINA services shall be revised annually depending on the requirements of the MARINA FACILITY.

Article 23- Services such as water, electricity, shower/wc, telephone, facsimile, Internet connection, and data line and services provided by mooring BOAT and pilotage  services used while the BOAT enters and/or leaves the MARINA as well as parking places may be provided for a limited or unlimited period of time and in consideration of payment of a specific fee or free of charge depending on the general policy of the MARINA FACILITY. Terms and/or fees charged for such services shall be fixed by the MARINA FACILITY, which shall have no liability towards the BOAT OWNER in terms of the quality and quantity of such additional services other than those defined herein.

Article 24- The BOAT OWNER agrees and undertakes to pay the cost of all services provided by the MARINA FACILITY and the associated units for the BOAT and himself, which shall be calculated according to values established by the MARINA FACILITY, within the period and subject to conditions determined by the MARINA FACILITY.

 PART 5 : ALLOCATION OF A MOORING PLACE

Article 25- The MARINA FACILITY shall allocate a place within the marine area of the MARINA where the BOAT OWNER, who has entered into a Mooring Contract, may moor his BOAT. The MARINA FACILITY shall allocate not a specific place within the MARINA but any place suitable for mooring the BOAT under the Mooring Contract. The MARINA FACILITY reserves the right to change the mooring place due to a rally, fair or other events or when it deems necessary.

Article 26- The BOAT OWNER shall moor his BOAT only to the place allocated by the MARINA FACILITY. If the BOAT is moored to a place not allocated to it despite a warning issued by the MARINA FACILITY, then the Mooring Contract of such BOAT shall be terminated without refunding any amount and the BOAT shall be removed from the MARINA.

Article 27-  A mooring chain and/or rope shall be provided at the berth for mooring the BOAT on sea and the MARINA FACILITY shall recommend that such chain or rope be tied to the appropriate point on the BOAT in order to ensure its safety. Where the BOAT OWNER prefers to add his own rope to such connection to his BOAT, the BOAT Owher shall be liable for all possible consequences thereof.

Article 28-  In addition to the mooring line provided by the MARINA FACILITY, the BOAT OWNER shall undertake to provide, use and keep under his  control  all  kinds  of  materials,  including  ropes  and  fenders  required  to  moor  the  BOAT  in  the  sea  in  a  safe  manner.

Article 29-  The tender / dinghy shall be kept on the BOAT or hanged on its davit. Otherwise, the BOAT OWNER shall enter into a Mooring Contract in respect of the tender / dinghy.

 PART 6 : RULES TO BE OBSERVED WITHIN THE MARINA AND RULES RELATED TO ACCESS TO AND EGRESS FROM THE MARINA

Article 30- Anchoring within the marine area of the MARINA is strictly prohibited.

Article 31- The BOAT OWNER shall inform the MARINA FACILITY and obtain its approval before his BOAT enters or leaves the MARINA or changes its place in the MARINA.

Article 32- The BOAT OWNER shall be responsible for the dinghy (service boat) owned by the MARINA FACILITY, which helps his BOAT maneuver within the MARINA. The BOAT OWNER will be liable for any loss or damage that could be caused during such maneuvers.

Article 33- Speed limits to be observed in the MARINA are shown on signs. If there is no such sign, the speed limit is 3 nautical miles per hour for marine vehicles and 10 km per hour for land vehicles. Any vehicle not complying with those speed limits will be prevented from entering the MARINA.

Article 34- It is prohibited to carry out any repair, modification or maintenance, which causes pollution and/or disturbance in the MARINA.

Article 35- The BOAT OWNER and the BOAT Crew may provide technical services only for his own BOAT provided that such services comply with this Regulation, Labour Code and work safety rules.

Article 36- The BOAT OWNER, the BOAT Crew, and BOAT Customers may not provide services, including repair, modification, maintenance, etc. for other BOATs.

Article 37- The BOAT OWNER shall be solely, jointly and severally liable for any act or conduct of any person, including the BOAT Crew and the

BOAT Customers in respect of his own BOAT.

Article 38- The BOAT OWNER shall be solely, jointly and severally liable for indemnification of any loss or damage incurred by the MARINA FACILITY and its employees or other boats and their owners and crews and third parties as a result of any act of the BOAT OWNER, BOAT Crew and BOAT Customers.

Article 39- The BOAT OWNER may not ask the employees of the MARINA FACILITY and subcontractors, if any, hired by the MARINA FACILITY, to provide any services not approved by the MARINA FACILITY.

Article 40- Maintenance and repairs within the MARINA may not be carried out after the work hours fixed by the MARINA FACILITY.

Article 41- Accommodation in boats put on land is subject to approval of the MARINA FACILITY.

Article 42- It is prohibited to discharge bilge water and waste water within the boundaries of the MARINA and to dump solid waste and other wastes on any place other than those designated by the MARINA FACILITY, which shall notify government authorities of any breach of this Article for institution of criminal proceedings. If the MARINA FACILITY carries out work in order to alleviate the effects of such pollution, then all costs and expenses incurred in connection with such works shall be reimbursed by the BOAT OWNER. The MARINA FACILITY may, at its sole discretion, terminate the Mooring Contract concluded in respect of the BOAT, which has caused pollution and the BOAT shall be removed from the MARINA. In that case, the BOAT OWNER shall agree and acknowledge in advance that the amount related to the remaining period of the Contract after the date of such termination will not be refunded.

Article 43- Water, electricity, telephone and data connections needed by the BOAT shall only be provided by the MARINA FACILITY. The BOAT OWNER shall supply cables, hoses and similar materials extending between the BOAT and water, electricity, telephone, and data connection points on the MARINA. It is prohibited to install water, electricity, telephone and data lines for various purposes from the connection points existing on the MARINA and the BOAT without first informing the MARINA FACILITY and obtaining its approval of safety precautions.

Article 44- The BOAT OWNER shall be responsible for earthing the BOAT. The MARINA FACILITY shall not be liable for low or fluctuating voltage, power cuts, or interruption of data connection, etc. or any loss or damage resulting from such events.

Article 45– The BOAT OWNER shall be responsible for protecting all equipment and materials on and around the BOAT against all atmospheric and marine conditions and theft.

Article 46- The BOAT OWNER shall take all kinds of precautions adequate and necessary to prevent infiltration of water into the BOAT due to rain or other reasons. The MARINA FACILITY shall be under no obligation to discharge water in the BOAT except for services that could be provided upon the BOAT OWNER’s written request subject to payment of a specific fee. If the BOAT OWNER shall agree and acknowledge in advance that it will assume liabilities arising from environmental pollution caused by his BOAT while installing water discharge systems in his BOAT and/or requesting services from the MARINA FACILITY in that regard.

Article 47- It is prohibited to maintain dinghies / tenders, trailers, caravans, poles, booms, private articles, materials, and equipments on any place in the MARINA, especially on piers, wharves, and boat storage areas except for the places designated by the MARINA FACILITY. Maintaining such materials on the area to be designated by the MARINA FACILITY shall be subject to the MARINA FACILITY’s approval and a charge may be made according to the space used. The MARINA FACILITY shall not be liable for loss or theft of or damage to such materials.

Article 48- It is prohibited to set fires and have a barbecue within the boundaries of the MARINA by using any method whatsoever and to store inflammable, explosive, and combustible substances inside BOATs.

Article 49- Operation of engines and generators within the boundaries of the MARINA and their operating hours shall be subject to approval by the MARINA FACILITY.

Article 50- It is prohibited to swim or dive or catching fish by using a fishing line or any other method in the MARINA.  Waterskiing, windsurfing or jet-skiing and using similar equipment is also prohibited.

Article 51- The BOAT OWNER, BOAT Crew, and BOAT Customers may not cause noise pollution or use light, display scenes, talk or act in a manner disturbing others in the MARINA.

Article 52- The BOAT OWNER shall take all kinds of precautions to avoid presence of rats and pests in the BOAT and/or emission of unpleasant odors or similar non-hygienic substances from the BOAT. The MARINA FACILITY may take action to deal with any such problem at the sole cost of the BOAT OWNER if considered necessary.

Article 53- It is prohibited to do the laundry and wash dishes at any place other than those designated by the MARINA FACILITY. It is strictly prohibited to wash land vehicles in the MARINA. Washing and drying sails and tarpaulin is subject to the MARINA FACILITY’s approval.

Article 54- The BOAT OWNER shall be liable for the loss or theft or damage to personal belongings in his BOAT and for any loss, damage, or accident suffered by himself, his BOAT, BOAT Crew and BOAT Customers.

Article 55- If the BOAT OWNER intends to leave his BOAT in the MARINA for a long period, then he shall furnish the MARINA FACILITY in writing with his address, telephone and similar details that may be necessary to contact him in case of an emergency. The BOAT OWNER may leave the key of his BOAT with the employees of the MARINA FACILITY under a certificate signed by both sides provided that the BOAT OWNER shall also specify the names of other persons holding other keys of the BOAT.  The BOAT OWNER shall be liable for any loss or damage, which may result from any event not attributable to the fault or negligence of the MARINA FACILITY established by a court judgment within the period when the key of the BOAT was held by the MARINA FACILITY.

Article 56- The BOAT OWNER shall notify the MARINA FACILITY in writing in advance of the names of persons whom it will authorize to use and/or accommodate in his BOAT during his absence. In such a case, the BOAT OWNER shall comply with the applicable laws and regulations. The BOAT OWNER shall be liable for any loss or damage incurred by the BOAT, the MARINA FACILITY and any third party in the MARINA as a result of acts committed by the persons authorized by the BOAT OWNER to use and/or accommodate in his BOAT.

Article 57- Any dangerous situation, which may develop inside the BOAT when there is no authorized person therein, may be prevented as a result of an intervention taken by the MARINA FACILITY in good faith provided that it is notified in time and it has capabilities to carry out such intervention. In that case, the BOAT OWNER shall pay a specific amount in consideration of such works undertaken by the MARINA FACILITY.

Article 58- The BOAT OWNER shall take all precautions in order to prevent possible fire and keep fire equipment specified in the applicable laws and regulations in his BOAT.

Article 59 – The BOAT OWNER agrees and undertakes to comply with and ensure that the BOAT CREW will comply with any instruction, which may be issued by the MARINA FACILITY in the event of an emergency such as fire, storm, etc. in the MARINA and provide any kind of assistance requested of them.

Article 60 – Liquid fuel subject to customs duty shall only be supplied at gas stations located in the MARINA. The MARINA FACILITY will not allow delivery of liquid fuel except for supply of liquid fuel for which no customs duty has been paid (duty-free fuel). Carriers delivering liquid fuel for which no customs duty has been paid (duty-free fuel) shall have a valid third party indemnity insurance within limits determined by the MARINA FACILITY, which shall not allow transportation vehicles, which do not have an adequate and valid third party liability insurance, to enter and deliver fuel to the MARINA.

Article 61- Parking any land vehicle on any place within the boundaries of the MARINA other than designated parking lots is prohibited. The MARINA FACILITY reserves the right to remove any vehicle, which has been parked in breach of this provision, at the sole cost of its owner.

Article 62- Land vehicles entering the MARINA shall be left in parking places designated by the MARINA FACILITY, which may permit a vehicle to enter the boat storage area only due to a compelling reason such as loading and unloading of goods in response to the BOAT OWNER’s request. The MARINA FACILITY may, at its sole discretion, allow the vehicles and representatives of firms bringing goods or passengers to the MARINA to enter the MARINA SECURITY AREA and establish regulations applicable to such access.

Article 63- Children shall be looked after by their parents during their stay in the MARINA.

Article 64- Keeping domestic animals in the MARINA and BOATs shall be subject to written authorization issued by the MARINA FACILITY. All kinds of domestic animals may be walked by their owners provided that all kinds of precautions are taken to prevent their possible uncontrolled behavior. The BOAT OWNER shall be responsible for cleaning any pollution caused by such animals and indemnifying all kinds of losses and damages they may cause.

 PART 7 : MARINA MANAGER’S POWERS TO ENSURE ORDER IN THE MARINA 

Article 65- The Marina Manager shall lay down rules to be observed by BOATs while entering, mooring, staying at and leaving the MARINA.

Article 66-  The Marina Manager shall determine the places where the boats will be moored and he is authorized to change such mooring places or parking places on land without giving the BOAT OWNER prior notice if he considers it necessary or upon occurrence of an emergency. If there is such emergency and informing the BOAT OWNER is not possible, he shall ensure that the BOAT is taken to land and repaired provided that costs and expenses incidental to such repair are subsequently paid by the BOAT OWNER. Where a BOAT, whose owner cannot be identified and has no valid Mooring Contract, is spotted in the MARINA, the Marina Manager shall ensure that such BOAT is taken to land in order to guarantee its safety and collects the cost of such service provided from the BOAT OWNER when he is identified.

Article 67- The Marina Manager shall prohibit any person, who has infringed provisions of this Regulation, from entering and/or using services in the MARINA. He shall terminate the Mooring Contract made between the MARINA FACILITY and the BOAT OWNER, who has breached the rules. In such cases, he shall take all actions required to remove the BOAT from the MARINA, including taking the BOAT to land at the BOAT OWNER's sole expense.

Article 68- The MARINA Manager shall invite law enforcement officers to the MARINA in order to ensure peace and order when and if he considers it necessary.

Article 69-  The Marina Manager shall not permit any BOAT to leave the MARINA and prevent the BOAT OWNER from entering the MARINA SECURITY AREA if any amount charged in accordance with the tariff fixed by the MARINA FACILITY in respect of such BOAT has not been paid by the BOAT OWNER.

Article 70- The Marina Manager shall establish rules relating to work of employees working at the MARINA FACILITY or assigned to other services, ensure coordination between such services and take action to ensure that any such employee, who are negligent or act inappropriately are punished and/or discharged pursuant to the applicable provisions of the Labor Code.

Article 71- The Marina Manager shall fix the working hours of the commercial units at the MARINA and hours during which services are provided. He shall verify that such works are carried out in accordance with established procedures and objectives, including those related to hygiene and security. He shall check appearance, clothes and behavior of employees.

Article 72- The Marina Manager shall take all kinds of precautions in order to prevent pollution in the MARINA area and require the BOAT OWNER to take similar precautions.

Article 73-The MARINA Manager may delegate his powers defined in this Regulation to his subordinates in whole or on part by a verbal or written instruction if he considers it necessary.

 PART 8 : PROVISIONS PERTAINING TO LAND STORAGE, LIFTING AND LAUNCHING FACILITIES

Article 74- The MARINA FACILITY may allocate boats Land Storage provided that a Lifting and Launching Contract has been made between the BOAT OWNER concerned and the MARINA FACILITY. BOATs taken to land pursuant to Articles 66 and 67 of this Regulation fall within the scope of Articles in Part 8.

Article 75- The fee charged for Lifting and Launching processes shall be calculated as a whole and paid in advance. If one of those processes is not required to be carried out later, then Lifting and Launching fee shall correspond to the half of the full fee and it shall be paid in advance before the process in question is carried out.

Article 76- The Lifting process will start when the BOAT is taken from the sea or its carrier by a travel lift and/or a slip and end with the installation of stays and connection anchors, if needed, after the BOAT is stored on land. The Launching process will start when the BOAT is taken from the place it is stored on land by using a travel lift and/or a slip and end when it is placed on sea or any carrier. It shall be deemed that the OWNER has taken over the BOAT as a result of the Lifting  or Launching process. Where the BOAT is mounted on a carrier, the OWNER shall take all precautions required to preserve the BOAT on such carrier in a balanced and secure manner. If the BOAT cannot be launched to sea or mounted on a carrier due to any reason not attributable to the MARINA FACILITY’s negligence (if it is determined that the BOAT is taking water after it was launched to sea or its bottom needs repairs) the OWNER agrees and undertakes to pay an additional fee for keeping the BOAT on a travel lift and/or any action taken in order to eliminate such reason.

Article 77- Details related to the applicable lifting system and suitability of the BOAT for the lifting process in terms of its construction, equipment and other criteria and appropriateness of the rules and criteria established by the manufacturer of the BOAT in respect of lifting and/or launching of the BOAT shall be taken into consideration by the BOAT OWNER, who shall notify his comments, if any, to the MARINA FACILITY ahead of the lifting process. The BOAT OWNER shall be liable for any loss or damage, which may result from the BOAT OWNER’s failure to take such particulars into account.

Article 78- The MARINA FACILITY shall not be liable if the lifting process has not started or been completed due to inconvenient environmental and/or atmospheric and/or unforeseen technical conditions during the lifting and/or launching processes.

Article 79- The BOAT OWNER shall ensure that his BOAT is suitably inclined and trimmed before the start of the lifting process.

Article 80- The Boat Owner shall be responsible for taking the Boat to the lifting/skid pool and mooring properly. If the Boat Owner is not able to take the Boat to the lifting pool or remove the Boat from the lifting pool by using his own equipment, then the Marina Facility may carry out such process and the Boat Owner hereby agrees and undertakes to pay a specific fee in consideration of such services provided.

Article 81- There shall be no person on and/or in the BOAT while it is being lifted by a travel lift. The BOAT OWNER shall be responsible for ensuring compliance with this provision.

Article 82- The BOAT OWNER shall carry out the lifting and/or launching process of the BOAT within the period specified by the MARINA FACILITY. If the BOAT OWNER has failed to make necessary preparations for lifting and/or launching process before the specified time, then the MARINA FACILITY may postpone the lifting and/or launching process at its convenience. In accordance with this the BOAT OWNER shall be liable for any resulting loss or damage.

Article 83- The BOAT OWNER shall be liable for any loss or damage resulting from any fault in loosening and dismantling of any protruding material such as shroud wire, which could come into contact with the upper beam while the BOAT is being lifted by a travel lift and mounting them again in their original places after completion of the works.

Article 84- The BOAT OWNER shall be responsible for taking all kinds of precautions on the BOAT during and/or after the lifting and/or launching process.

Article 85- The BOAT OWNER shall ensure that pollution and waste created and generated by the BOAT is removed before it is launched and that the BOAT is sufficiently equipped to leave the lifting pool immediately after it is put on the sea. If it is found out that the BOAT OWNER has not taken such precautions, then the MARINA FACILITY may decline to provide the lifting and launching service and the BOAT OWNER shall be liable for any resulting loss or damage.

Article  86-  The  BOAT  OWNER  shall  ensure  that  the  BOAT  leaves  the  lifting  pool  immediately  after  it  has  been  launched.

Article 87- The BOAT OWNER shall, prior to the lifting process, notify the MARINA FACILITY in writing of any weak point to be taken into consideration while  placing  the  BOAT  on  stays  and  wedges.  Otherwise,  the  BOAT  OWNER  shall  be  liable  for  any  loss  or  damage.

Article 88- The area where the BOAT is to be stored shall be designated by the MARINA FACILITY based on information provided by the BOAT OWNER in the Lifting and Launching Contract. If the launching period specified in the the Lifting and Launching Contract has expired and it obstructs launching of other BOATs, then the MARINA FACILITY may change its place without informing the BOAT OWNER. Lifting work carried out for that purpose shall be subject to payment of a specific fee calculated in accordance with the price tariff. The BOAT OWNER shall promptly pay such amount debited to his current account. In addition, the BOAT OWNER shall assume responsibility for any loss or damage, which may be suffered by the BOAT during such lifting work.

Article 89- Where the MARINA FACILITY is unable to change the place of a BOAT, which has not been launched within the period specified in the the Lifting and Launching Contract and obstructs launching of other BOATs, the BOAT OWNER shall indemnify any loss or damage, which may be suffered by all the affected BOATs and the MARINA FACILITY.

Article 90- If it considers it necessary, the MARINA FACILITY may change the place of a BOAT stored on land due to any reason other than those specified in Article 88 without informing the BOAT OWNER. No fee shall be charged for such actions. The BOAT OWNER shall be informed after the place of his BOAT has been  changed. Considering that the place of his BOAT may be changed during his absence in the MARINA, the BOAT OWNER shall furnish the MARINA FACILITY with information in writing, which could be needed while his BOAT is moved to another place, before leaving the MARINA.

Article 91- It is prohibited to operate machinery generating vibration such as engines and generators or take any action that could cause vibration or to open or to leave sails wrapped around open rigging on a BOAT stored on land. The BOAT OWNER shall be liable for any loss or damage resulting from such prohibited acts.

Article 92- If the weight of a BOAT stored on land is to be increased or decreased substantially, then the MARINA FACILITY shall be informed in advance in order to obtain written permission. Such increase or decrease in weight shall be carried out fully at the BOAT OWNER’s risk after obtaining written permission.

Article 93- It is strictly prohibited to dump, release or throw out polluting waste from a BOAT stored on land. If it is determined that the BOAT has caused environmental pollution, then the MARINA FACILITY may inform public authorities in order to ensure that appropriate action is taken. Where the MARINA FACILITY carries out any work in order to eliminate such pollution, the BOAT OWNER shall promptly pay the resulting costs.

Article 94- Pollution created by repair-maintenance carried out by the BOAT OWNER shall be promptly eliminated by the BOAT OWNER. Where it is found out that the BOAT OWNER has not performed such cleaning work, the MARINA FACILITY may carry out works to eliminate such pollution and all costs and expenses incidental to such works shall be promptly paid by the BOAT OWNER.

Article 95- The BOAT OWNER shall, at his sole expense, take precautions required to ensure that nearby BOATs and facilities are not polluted or damaged during repair or maintenance of his BOAT. Any work being carried out without taking such precautions shall be suspended by the MARINA FACILITY.  Otherwise,  the  BOAT  OWNER  shall  be  liable  for  any  loss  or  damage  suffered  by  nearby  BOATs  and  facilities.

Article  96- The BOAT OWNER shall be responsible for taking all kinds  of safety precautions during repair or maintenance of his BOAT. Otherwise, the  BOAT OWNER shall be liable for any resulting loss or damage.

Article 97- Stays and wedges, which ensures that BOATs are supported on land, shall be placed or relocated only  by authorized personnel of the MARINA FACILITY. Any person other than the authorized personnel of the MARINA FACILITY may not relocate such stays, chocks, and wedges or remove anchors of such stays and wedges and the BOAT OWNER shall be liable for any loss or damage resulting from such prohibited actions.

Article  98- Due to safety considerations it is prohibited to attach winter turpauline ropes or connections, which may apply force, to stay anchors or to hang chains and similar heavy materials on stays.

Article  99- Supply of electricity for a BOAT, which is stored on land, from outside of the BOAT during the period when there is no authorized person inside may not be safe. The BOAT OWNER shall take all necessary precautions in that regard at his sole risk.

Article  100- The BOAT OWNER shall pay the outstanding amount debited to his current account before the BOAT is launched to the sea. Otherwise, the BOAT OWNER shall be liable for any loss or damage resulting from the failure to launch the BOAT.

Article 101-  If a BOAT  Owner intends to install a roof (tent) over his BOAT, then he shall inform the MARINA FACILITY of his intention and sign a written undertaking drawn up by the MARINA FACILITY prior to the lifting and launching process.  The MARINA FACILITY may or may not grant permission to install such roof (tent). The BOAT OWNER shall be responsible for ensuring quality and safety of the roof (tent) and be liable for any loss or damage, which may be suffered by his BOAT or third parties. The BOAT OWNER shall pay 20% of the current storage or lifting and  launching fee in advance in respect of the additional area to be occupied by the roof(tent).

Article 102-  The MARINA FACILITY shall not permit entry of any crane, etc. brought from outside of the MARINA in order to provide lifting and launching services.

Article 103- Bottom of boats can be washed only by the MARINA FACILITY’s personnel using its equipment on an area designated by the MARINA FACILITY and the related fee shall be paid by the BOAT OWNER in advance.

 PART 9 : LIABILITIES AND INSURANCE

Article  104- Any loss or damage suffered by the BOAT of a BOAT OWNER, other BOATs, and the MARINA FACILITY as a result of an action taken by the BOAT OWNER, BOAT Crew and BOAT Customers shall not be covered by the Third Party Liability Insurance of the MARINA FACILITY, which shall not be liable for such losses or damages.

Article  105- Any loss or damage or pain and suffering resulting from an action taken by any person entering the MARINA from outside shall not be covered by the Third Party Liability Insurance of the MARINA FACILITY, which shall not be liable for such losses or damages.

Article  106- Any loss or damage suffered by a BOAT or person as a result of extraordinary natural events such as floods, inundations, gales, storms, hurricanes, earthquakes and lightnings shall not be covered by the Third Party Liability Insurance of the MARINA FACILITY, which shall not be liable for such losses or damages.

Article 107- Any theft in or loss or damage in the material safekeeping warehouses of the MARINA FACILITY shall not be covered by the Third Party Liability Insurance of the MARINA FACILITY, which shall not be liable for such losses or damages.

Article 108- If technical servicing is provided by the MARINA FACILITY, any loss or damage that could occur after maintenance, repair and manufacturing works carried out without a warranty certificate issued by the Technical Servicing Department shall not be covered by the Third Party Liability Insurance of the MARINA FACILITY, which shall not be liable for such losses or damages.

Article 109- Any loss or damage, which may occur while changing the place of a BOAT by towing it by the mooring BOAT owned by the MARINA FACILITY when the BOAT OWNER or BOAT Crew is inside the BOAT shall not be covered by the Third Party Liability Insurance of the MARINA FACILITY, which shall not be liable for such losses or damages.

Article 110- Any loss or damage, which may be caused by an event such as fracture of rotten or weak components of the BOAT or disconnection of the drop from the keel shall not be covered by the Third Party Liability Insurance of the MARINA FACILITY, which shall not be liable for such losses or damages.

Article 111- Any loss or damage, which may be suffered by the BOAT OWNER and/or BOAT Crew and/or persons authorized by the BOAT OWNER or the BOAT or third persons while carrying out repairs, maintenance and manufacturing works in the MARINA shall not be covered by the Third Party Liability Insurance of the MARINA FACILITY, which shall not be liable for such losses or damages.

Article 112- Any loss or damage or pain and suffering caused by the theft or loss of or damage to the BOAT and/or registered or unregistered fixtures in whole or in part or wounding or murder of or terrorist attacks suffered by the BOAT OWNER, BOAT Crew and BOAT Customers shall not be covered by  the  Third  Party  Liability  Insurance  of  the  MARINA  FACILITY,  which  shall  not  be  liable  for  such  losses  or  damages.

Article 113-  Any loss or damage resulting from breaking off of the mooring chain or ropes and other connection ropes used in order to moor the BOAT on the sea other than the mooring chain and/or rope provided by the MARINA FACILITY or failure of the fenders around the BOAT shall not be covered by the Third Party Liability Insurance of the MARINA FACILITY, which shall not be liable for such losses or damages.

Article  114- The MARINA FACILITY shall be liable for any damage to a BOAT, which has resulted from the insufficiency and/or failure of the travel lift or slipway used during the lifting service or negligence or fault of the MARINA FACILITY’s personnel operating such travel lift or slipway provided that it has been determined by a court judgment that such damage has resulted from the negligence of the MARINA FACILITY.

Article  115- Places of BOAT stays may not be changed by any person other than the MARINA FACILITY’s personnel without first informing the MARINA FACILITY and obtaining its written permission. Any loss or damage suffered by the BOAT and other BOATs as a result of such unauthorized change of stays shall not be covered by the Third Party Liability Insurance of the MARINA FACILITY, which shall not be liable for such losses or damages.

 PART 10 : TERMINATION OF MOORING CONTRACT

Article 116- The BOAT OWNER shall agree and undertake to comply with all rules of the MARINA FACILITY set forth in this Regulation and any general or special conditions, which may be imposed and/or revised by the MARINA FACILITY whenever it may deem necessary.

Article 117- The Contract shall be terminated if the BOAT OWNER and/or BOAT Crew breaches provisions of this Regulation. Where the Contract is terminated due to infringement of the rules set forth in the Regulation, service fees paid by the BOAT OWNER in advance shall not be refunded and the MARINA FACILITY may claim damages. The BOAT OWNER may not claim any right or compensation due to such termination caused

Article 118-  If the Mooring Contract expires or is sooner terminated by the MARINA FACILITY, then the BOAT shall leave the MARINA on the same date. Otherwise, the BOAT OWNER shall pay US$100 (one hundred) as compensation for each day in addition to the daily mooring unit price specified in the formal mooring tariff.

Article 119- This Regulation is governed by the laws of the Republic of Turkey and any dispute, which may arise out of or in connection with this

Regulation, shall be settled by Kadiköy District Courts in Istanbul.

Article 120- SETUR MARINAS reserve the right to revise terms and conditions referred to above at any time depending on the requirements of the MARINA FACILITY.

Article 121- Any issue not specified in this Regulation shall be governed by the Regulation on Yacht Tourism, which has been issued in accordance with subparagraph (A) 4 of Article 37 of the Law on Promotion of Yacht Tourism (Law No. 2634).

 PART 11 : NOTICES

Article 122 – Any notice hereunder shall be served on the addresses of the parties specified in the Contract or the BOAT in the MARINA. Any notice served on such addresses shall be deemed to have been received unless a change of address has not been notified.