SETUR MARINAS OPERATION REGULATIONS

SECTION 1: DEFINITIONS

Article 1- In this regulation;

1. “SETUR MARINAS” refers to marinas operated by companies within the Koç Group and affiliated with the Setur Marinas chain; namely Setur Marinas Çeşme, Setur Marinas Kuşadası and Setur Marinas Finike operated by Tek-Art Kalamış ve Fenerbahçe Marmara Turizm Tesisleri A.Ş., Setur Marinas Kalamış and Fenerbahçe operated by Kalamış ve Fenerbahçe Marina İşletmeciliği A.Ş., Setur Marinas Ayvalık operated by Ayvalık Marina ve Yat İşletmeciliği Sanayi Ticaret A.Ş., Setur Marinas Yalova operated by Setur Yalova Marina İşletmeciliği A.Ş., Setur Marinas Antalya operated by Setur Antalya Marina İşletmeciliği A.Ş., Setur Göcek Village Port and Setur Göcek Exclusive operated by Beta Marina Liman Yat ve Çekek İşletmeciliği A.Ş., and any yacht harbours, dry-docking areas and yacht berthing piers that will be added to the Setur Marinas chain during the period this regulation remains in force, to be operated by companies within the Koç Group and affiliated with the Setur Marinas chain,
2. “MARINA OPERATOR” refers to the company and marina whose title appears in the “Marina Berthing – Dry Storage Haul-out/Launching Agreement” to which this regulation is annexed, among the operations included within the SETUR MARINAS definition,
3. “MARINA SECURITY AREA” refers to piers, quays, breakwaters, reclaimed areas, parking lots, fuel stations and boat dry-docking areas where the boats are moored and which are separated from public areas by a security fence and/or railing or landscaping,
4. “MARINA” refers to the entire land and sea area of the relevant MARINA OPERATOR,
5. “BOAT” refers to the marine vessels using the MARINA,
6. “BOAT OWNER” refers to the legal or private persons registered individually or collectively as the “Operator” in the Boat’s documentation, or to the legal or private persons authorized by the Operator to OPERATE the BOAT, or to the captain and other private persons authorized by the Operator or the Boat operator,
7. “BOAT CREW” refers to persons (other than the captain, customers and persons providing temporary service to the boat from outside) who are authorized by the BOAT OWNER to be on the boat and/or who perform a service on the BOAT,
8. “BOAT GUEST” refers to persons who are brought or sent to the MARINA by the BOAT OWNER for the purpose of benefiting from the “BOAT”,
9. “VEHICLE” refers to any land vehicle, crane and similar work machines belonging to the BOAT OWNER or their guests or CREW or persons who will perform work on the BOAT,
10. “TECHNICIAN” refers to workers, service personnel and similar persons sent/brought by the BOAT OWNER to perform repair and maintenance work on their BOAT, with written or verbal notification to the MARINA OPERATOR.

The expressions “authorized” and “empowered” referred to in paragraphs f and g of this article shall be understood to mean that the person holding the BOAT’s documents is sufficiently authorized to sign agreements on behalf of the BOAT OWNER with the MARINA OPERATOR, to receive the MARINA OPERATOR’s written or verbal notifications, and to make the required payments. The provisions of Article 20 of this agreement are reserved.

SECTION 2: PURPOSE AND SCOPE

Article 2- This regulation sets out the management principles of SETUR MARINAS.

Article 3- The provisions of this regulation shall apply to all persons, sea and land vehicles that will benefit from SETUR MARINAS.

Article 4- The BOAT OWNER shall be deemed to have accepted in advance that they, and the persons and organizations defined in Article 1 above, will fully comply with the provisions of this regulation and with the decisions of the persons authorized in the regulation.

SECTION 3: LEGAL BASIS

Article 5- This regulation has been prepared in accordance with Article 13 of the Yacht Tourism Regulation published in the Official Gazette dated 4 August 1983, which was issued pursuant to paragraph 4 of subsection A of Article 37 of the Tourism Incentive Law No. 2634.

SECTION 4: USE OF THE MARINA

Article 6- The MARINA OPERATOR may deny entry to the MARINA and/or suspend service to persons, companies, vehicles and marine vessels whose behaviours and actions are determined to be contrary to the provisions of this regulation. The MARINA OPERATOR shall not be held liable for any loss or damage that may arise for the parties affected by such situations.

Article 7- The admission of boats other than the private and commercial yachts defined in paragraph (c) of Article 4 of the Yacht Tourism Regulation into the MARINA area is at the discretion of the MARINA OPERATOR.

Article 8- A BOAT using the MARINA must be fully equipped, capable of navigating by its own means, seaworthy under all weather and sea conditions, free of substances that pollute the natural environment, and/or equipped with environmentally protective equipment. The admission of BOATS that do not comply with these requirements into the MARINA area is at the discretion of the MARINA OPERATOR.

Article 9- The BOAT OWNER is responsible for ensuring that the Boat Captain and each member of the BOAT CREW hold a valid and adequate seafarer’s licence for the BOAT’s manoeuvring within the MARINA, and for all consequences thereof.

Article 10- The BOAT using the MARINA must have valid and adequate third-party liability insurance covering the BOAT OWNER, the BOAT CREW and the BOAT GUESTS. Insurance policies that will expire within the period specified in the Berthing Agreement must be renewed by the BOAT OWNER in due time. Otherwise, the MARINA OPERATOR has the right to terminate the Berthing Agreement and remove the BOAT from the MARINA.

Article 11- The BOAT OWNER who will berth their BOAT at the MARINA and benefit from other services is obliged to sign a berthing agreement with the MARINA OPERATOR no later than the day the BOAT enters the MARINA, and to submit to the MARINA OPERATOR the BOAT’s valid Tonnage Certificate, Seaworthiness Certificate, insurance policy, and documents sufficient to prove the authority to sign the agreement.

Article 12- Sea – Land Berthing and haul-out/launching fees are paid in advance. Sea – Land Berthing and Haul-out/Launching fees are calculated based on the BOAT’s overall length and beam, and the unit prices and conditions in force on the date the relevant agreement is signed. Sea – Land Berthing and Haul-out/Launching unit prices and other conditions are specified in the price list published by the MARINA OPERATOR. The berthing period is determined on the basis of “minimum daily usage is 24 hours” and the number of overnight stays.

Article 13- In order to determine the Overall Length and Beam of the BOAT, the personnel assigned by the MARINA OPERATOR performs measurements on the boat in accordance with the principles set out in this article. The BOAT OWNER is required to allow this employee to carry out measurements on their boat. Overall Length is the horizontal distance between the foremost point excluding the bowsprit and the aftmost point including the swimming platform but excluding the davit, along the bow-stern centreline on the BOAT’s deck. Beam is the widest distance of the BOAT measured horizontally and perpendicular to the bow-stern centreline.

Article 14- The berthing fee is calculated based on the agreement period declared on the berthing agreement. In cases where the berthing fee is not paid in advance by the BOAT OWNER, the BOAT OWNER accepts and undertakes in advance that the berthing fee for the period of use shall be calculated based on the daily unit price in the price list. If the Land Berthing and Haul-out/Launching fee is not paid in advance, the MARINA OPERATOR will not provide the relevant service. The BOAT OWNER accepts and undertakes in advance that the MARINA OPERATOR cannot be held responsible in any way for any loss or damage suffered by the BOAT and/or the BOAT OWNER due to this reason. In the event that VAT, Agreement Stamp Duty and/or other taxes are added, increased or decreased, the MARINA OPERATOR’s right to adjust and to have recourse against the BOAT OWNER within the principles set out in this article is reserved. In this context, all taxes accrued pursuant to the laws and legislation in force shall be paid in advance by the BOAT OWNER.

Article 15- The Berthing Agreement is specific to the BOAT and is valid only for the named BOAT; it cannot be transferred or assigned in whole or in part to another BOAT in any way.

Article 16- In the event of a change of BOAT OWNER, it is mandatory to provide the new BOAT OWNER’s name, surname, full address and other contact details, together with legally valid transfer/sale/ownership documents. Neither the former nor the new BOAT OWNER can claim any refund from the MARINA OPERATOR for any remaining days of the berthing agreement, if any. The MARINA OPERATOR is free to enter or not to enter into a berthing agreement with the new owner of the BOAT. If the MARINA OPERATOR approves entering into an agreement with the new BOAT OWNER, the new BOAT OWNER must immediately sign a new berthing agreement with the MARINA OPERATOR. Otherwise, the former BOAT OWNER accepts and undertakes that they will be responsible for any problems that may arise.

Article 17- The Berthing Agreement is valid between the dates specified in the agreement. The Berthing Agreement may be renewed by mutual agreement in accordance with the then-current conditions at the BOAT OWNER’s request, 15 days before the end of its term. The MARINA OPERATOR reserves the right not to renew the Berthing Agreement where it deems necessary.

Article 18- Fees for all services provided by the MARINA OPERATOR are charged in TRY as specified in the official price list.

Article 19- The BOAT OWNER is obliged to learn the legislation regarding the entry and/or exit of themselves, their BOAT, the BOAT CREW and the BOAT CUSTOMER to/from Turkish Territorial Waters, their navigation in Turkish Territorial Waters and their presence in Türkiye, the laying up of the BOAT at the MARINA and/or its release from lay-up, and their departure from Türkiye by any means other than their BOAT; to prepare the valid documents, take all necessary measures and inform the MARINA OPERATOR accordingly in due time. The MARINA OPERATOR cannot be held responsible for any difficulties that the BOAT OWNER may encounter or any damages they may suffer due to the legislation.

Article 20- If the BOAT OWNER has not informed the MARINA OPERATOR in writing of the Boat Captain and BOAT CREW to be assigned to work on the BOAT, they accept in advance that the MARINA OPERATOR has the authority to remove these persons from the MARINA. The BOAT OWNER accepts and undertakes in advance not to hold the MARINA OPERATOR responsible for any loss or damage that may arise due to the removal of these persons from the MARINA.

Article 21- The BOAT OWNER is obliged to inform and obtain approval from the MARINA OPERATOR for TECHNICIANS to be called from outside the MARINA to perform maintenance, repairs, etc. on their BOAT; to complete the formalities regarding the entry of these persons into the MARINA; and to pay in advance the Technician Entry Fee determined by the MARINA OPERATOR. The BOAT OWNER accepts and undertakes in advance to be responsible for any loss or damage these persons may cause in the MARINA. Persons found on the BOAT without the required procedures being completed shall be removed from the MARINA by the MARINA OPERATOR. The BOAT OWNER accepts and undertakes in advance not to hold the MARINA OPERATOR responsible for any loss or damage arising from the removal of these persons from the MARINA, and to pay, in such case, twice the Technician Entry Fee immediately as a penalty.

Article 22- Part of the fees for the basic and additional services provided by the MARINA OPERATOR are specified in the MARINA price list. It is not mandatory to specify all applied fees in the printed price list; fees for MARINA services may be redetermined according to the requirements of the MARINA OPERATOR.

Article 23- In addition to basic MARINA services, services such as water, service pedestal allocation, meter panel allocation, telephone, fax, internet connection and data line, as well as mooring boat and pilotage services, diving service, bilge and black water discharge service, and parking service used during the BOAT’s entry into and/or exit from the MARINA by sea, are subject to a charge and may be provided to the extent possible. The duration and/or fees for these services are determined by the MARINA OPERATOR. The MARINA OPERATOR bears no obligation towards the BOAT OWNER regarding the nature and quantity of additional services beyond what is stated in writing. The fact that these services are free of charge for a certain period shall in no way impair the MARINA OPERATOR’s right to apply a charge to that service as of any date.

Article 24- The BOAT OWNER accepts and undertakes in advance to pay the value determined by the MARINA OPERATOR for all services provided by the MARINA OPERATOR to the BOAT and themselves, within the period and under the conditions prescribed by the MARINA OPERATOR. In the event that payments are not made as set out in this article, the BOAT OWNER accepts in advance that the MARINA OPERATOR has the authority to apply the highest of the prices determined for the relevant service and, if necessary, to claim a late payment differential, and to exercise this authority at any time.

SECTION 5: ALLOCATION OF BERTHING PLACE

Article 25- The MARINA OPERATOR allocates a place within the sea area of the MARINA where the BOAT OWNER who has signed a Berthing Agreement can berth their BOAT. With the Berthing Agreement, the MARINA OPERATOR does not allocate a specific location within the MARINA to the BOAT OWNER, but any location suitable for berthing the BOAT. The MARINA OPERATOR has the right to change the berthing location of the BOAT without prior notice to the BOAT OWNER in cases of fairs and other events, repair and maintenance, investment works, and other cases deemed necessary. The BOAT OWNER shall inform the MARINA OPERATOR in advance if the BOAT will be away from the MARINA for 24 hours or longer. Similarly, upon return to the MARINA, the BOAT OWNER shall inform the MARINA OPERATOR at least 24 hours in advance so that the berthing place can be prepared. When the BOAT is not in the MARINA, the MARINA OPERATOR has the right to allow another boat to use the vacant berth.

Article 26- The BOAT OWNER must berth their BOAT only at the location allocated by the MARINA OPERATOR. The Berthing Agreement of a BOAT that berths at a location not allocated to it despite the warning of the MARINA OPERATOR shall be unilaterally terminated and the BOAT shall be removed from the MARINA. In such a case, the BOAT OWNER accepts and undertakes in advance that the balance of the period remaining from the termination date shall not be refunded.

Article 27- The BOAT OWNER cannot assign or lease the temporarily allocated berthing place to anyone else. If the BOAT is sold or transferred, the berthing place cannot be transferred along with the BOAT. In case of behaviour to the contrary, the Berthing Agreement of the BOAT shall be unilaterally terminated and the BOAT shall be removed from the MARINA. In such a case, the BOAT OWNER accepts and undertakes in advance that the balance of the period remaining from the termination date shall not be refunded.

Article 28- For the berthing of the BOAT at sea, one mooring chain and/or rope is provided at the berth, and the MARINA OPERATOR recommends attaching this chain or rope to a suitable connection point on the BOAT for the safety of the BOAT. If the BOAT OWNER prefers to use their own rope by adding it to the connection to be made to the BOAT, the BOAT OWNER accepts and undertakes that all responsibility belongs to them.

Article 29- Apart from the mooring chain provided by the MARINA OPERATOR, the BOAT OWNER accepts and undertakes to provide, use and keep under control all necessary materials such as ropes and fenders required for the safe mooring of the BOAT at sea.

Article 30- Tenders, service boats and jet skis must be kept on the BOAT or hung from its davit. Otherwise, the BOAT OWNER must sign a berthing agreement and pay the fee for the tender, service boat or jet ski kept in the water or placed on the pier. However, the MARINA OPERATOR reserves the right not to enter into a berthing agreement for the tender, service boat or jet ski. It is forbidden to place tenders, equipment and chests belonging to the BOAT on the pier or other places ashore. The BOAT OWNER accepts and undertakes that the MARINA OPERATOR may move these tenders, equipment and chests to any location it deems appropriate without notifying the BOAT OWNER, and that they will pay the fee calculated at the highest dry storage tariff for the area occupied until removed by the BOAT OWNER, as well as the transportation cost. The provisions of Article 48 are reserved.

SECTION 6: RULES FOR ENTRY AND EXIT TO AND FROM THE MARINA AND RULES TO BE FOLLOWED WITHIN THE MARINA

Article 31- It is strictly prohibited to drop anchor or hoist sail within the sea area of the MARINA.

Article 32- The BOAT OWNER shall inform and obtain permission from the MARINA OPERATOR before their BOAT enters or exits the MARINA or changes position within the MARINA.

Article 33- The responsibility for the mooring boat belonging to the MARINA OPERATOR that assists in the manoeuvring of a BOAT within the MARINA rests with the BOAT OWNER during the manoeuvre. The BOAT OWNER is responsible for any loss or damage that may occur during the manoeuvre.

Article 34- Speed limits within the MARINA are announced by signs. Where there are no signs, the said speed limit is 3 nautical miles for marine vessels and a maximum of 10 km/h for land vehicles. Owners of BOATS/vehicles and BOATS/vehicles that do not comply with this speed are prohibited from entering the MARINA.

Article 35- It is prohibited to carry out repair, modification and maintenance work in the MARINA area that pollutes the environment and/or disturbs the environment.

Article 36- The BOAT OWNER and BOAT CREW may provide technical service only to their own BOAT, provided that it complies with this regulation, the Labour Law and occupational safety rules.

In such cases, the SSI payroll of the working personnel may be requested.

Article 37- The BOAT OWNER, BOAT CREW and BOAT CUSTOMERS may not provide repair, modification, maintenance or other services to other BOATS.

Article 38- The BOAT OWNER is solely, jointly and severally liable for the behaviour and actions of everyone within the scope of the BOAT CREW and BOAT CUSTOMER for their own BOAT.

Article 39- The BOAT OWNER is solely, jointly and severally liable for the compensation of any loss or damage that themselves, the BOAT CREW and the BOAT CUSTOMERS may cause to the MARINA OPERATOR and its personnel, to other BOATS and their officials in the MARINA, and to third parties.

Article 40- The BOAT OWNER may not request services from the personnel of the MARINA OPERATOR and, if any, from the subcontractors operating under the MARINA OPERATOR, without the knowledge of the MARINA OPERATOR.

Article 41- Maintenance and repair activities within the MARINA may not be carried out outside the working hours determined by the MARINA OPERATOR.

Article 42- Accommodation day or night on boats ashore is subject to the permission of the MARINA OPERATOR. Whether or not the MARINA OPERATOR’s permission is granted, the BOAT OWNER is responsible for any loss or damage that may occur to the BOAT, the MARINA OPERATOR and its personnel, other BOATS in the MARINA and their officials, and third parties due to accommodation on boats ashore.

Article 43- Discharging bilge and black water tanks, and leaving garbage and other waste outside the areas allocated by the MARINA OPERATOR within the boundaries of the MARINA is prohibited. In case of any behaviour to the contrary, the MARINA OPERATOR shall report the situation to the official authorities for penal action. If work is carried out by the MARINA OPERATOR to remedy the pollution, all costs of this work shall be collected from the BOAT OWNER. If the MARINA OPERATOR deems it necessary, the Berthing Agreement of the polluting BOAT shall be unilaterally terminated and the BOAT shall be removed from the MARINA. In such a case, the BOAT OWNER accepts and undertakes in advance that the balance of the period remaining from the termination date shall not be refunded.

Article 44- Water, service pedestal, meter panel, telephone and data connections to the BOAT may only be made by the MARINA OPERATOR. The cables and hoses extending from the water, service pedestal, meter panel, telephone and data connection points located in the MARINA area to the BOAT shall be supplied by the BOAT OWNER. The connection elements such as cables and hoses to be supplied by the BOAT OWNER must comply with the required standards and must not cause leakage and must be watertight. It is prohibited to make water, service pedestal and meter panel connections, or to draw telephone and data lines for various purposes from existing connection points on the BOAT and in the MARINA area without informing the MARINA OPERATOR and without safety measures being approved. The BOAT OWNER is responsible for any loss or damage that may occur due to behaviour to the contrary and is obliged to compensate for such loss and damage.

Article 45- Grounding of the BOAT on land and at sea is the responsibility of the BOAT OWNER. The MARINA OPERATOR is not responsible for low voltage, voltage fluctuations, electricity or data interruptions, and any loss or damage that may occur due to these.

Article 46- The protection of all equipment and materials kept on and around the BOAT against all kinds of weather and sea conditions and against theft is entirely the responsibility of the BOAT OWNER.

Article 47- All necessary and sufficient measures to protect the BOAT from water ingress due to rain and other causes shall be taken by the BOAT OWNER. Apart from the chargeable service that may be provided upon the BOAT OWNER’s written request, the MARINA OPERATOR has no obligation to pump out the water from the BOAT. The BOAT OWNER accepts and undertakes in advance that they assume all responsibility for environmental pollution that may originate from their BOAT when establishing water discharge systems on their BOAT and/or when requesting such service from the MARINA OPERATOR.

Article 48- It is prohibited to keep tenders, service boats, jet skis, trailers, caravans, masts, booms, personal items, materials and equipment in areas other than those indicated by the MARINA OPERATOR in the MARINA, and especially on piers, quays, the BOAT dry storage area, and parking lots. The keeping of such materials in areas designated by the MARINA OPERATOR is subject to the permission of the MARINA OPERATOR and the payment of the occupancy fee to be determined based on the area used. The MARINA OPERATOR is not responsible for the loss, theft or damage of such materials. The provisions of Article 30 are reserved.

Article 49- It is strictly forbidden to light any kind of fire, barbecue by any method, signal flares, sparklers, fireworks etc. within the MARINA area. Heat treatment may not be applied on the BOAT and in the MARINA area without informing the MARINA OPERATOR, obtaining written permission and without approval of the safety measures. Unless kept securely and safely in leak-proof containers, hazardous, flammable, toxic and harmful substances, fuels and liquids shall not be brought into the MARINA. All regulations, laws and rules on this matter shall be strictly observed. Chemical substances may under no circumstances be thrown into the MARINA or into the sea. If there are flammable or explosive substances on the BOAT, their type and quantity must also be reported to the MARINA OPERATOR.

Article 50- The operation of engines and generators within the MARINA area, and their operating times and durations, are subject to the permission of the MARINA OPERATOR.

Article 51- Swimming, diving, fishing with a rod or any other method, and using equipment such as water skis, windsurfs and jet skis are prohibited within the MARINA.

Article 52- It is prohibited for the BOAT OWNER, BOAT CREW and BOAT CUSTOMER to create sound, light and visual pollution in a way that may disturb others in the MARINA, and to engage in conversations and behaviours that may disturb others.

Article 53- All kinds of measures against unacceptable issues within the MARINA, such as the presence of pests and rodents on the BOAT and/or the emission of unhygienic odours and similar effects from the BOAT to the environment, shall be taken by the BOAT OWNER. The MARINA OPERATOR may, where deemed necessary, take any measures required to remedy the identified nuisance, with all costs to be borne by the BOAT OWNER.

Article 54- Washing laundry and dishes outside the areas allocated by the MARINA OPERATOR is prohibited. Washing land vehicles and performing repairs and maintenance on these vehicles in the MARINA is strictly prohibited. Washing and drying sails and canvases is subject to the permission of the MARINA OPERATOR and may be carried out in areas allocated by the MARINA OPERATOR under such permission.

Article 55- The BOAT OWNER is responsible for the loss, theft and damage of items on their BOAT, and for any loss, damage and accidents that themselves, their BOAT, the BOAT CREW and the BOAT CUSTOMERS may suffer.

Article 56- If the BOAT OWNER plans to leave the BOAT at the MARINA for a long period, they must provide the MARINA OPERATOR in writing with their address, telephone and other urgent contact information. The BOAT OWNER may leave the BOAT key with MARINA OPERATOR officials in return for a signature, also declaring the number of other keys belonging to the BOAT and who holds them. During the period the BOAT key is held by the MARINA OPERATOR, the BOAT OWNER is responsible for any loss or damage that may occur, other than the faults and negligence of the MARINA OPERATOR established by a court decision.

Article 57- The BOAT OWNER is obliged to notify the MARINA OPERATOR in writing in advance of any third parties they will send to the MARINA to use their BOAT and/or stay on their BOAT when the BOAT OWNER is not present. In such a case, the BOAT OWNER is obliged to comply with the legal legislation. The BOAT OWNER is responsible for any loss or damage that third parties authorized by the BOAT OWNER to use their BOAT and/or stay on their BOAT may cause to the BOAT, to the MARINA OPERATOR and to all other third parties within the MARINA.

Article 58- Dangerous situations that may arise on a BOAT without an authorized person on board may, depending on the MARINA OPERATOR’s timely awareness and within its means, be attempted to be remedied through good-faith intervention. In such a case, the cost of the work performed by the MARINA OPERATOR shall be paid by the BOAT OWNER. The BOAT OWNER may not associate any loss or damage that may occur on the BOAT despite the good-faith intervention of the MARINA OPERATOR with such intervention.

Article 59- The BOAT OWNER must take all necessary measures to prevent fire, ensure that the electrical and fuel systems of their BOAT comply with safety standards and are maintained, and keep the fire-fighting equipment specified in the relevant legal legislation on their BOAT.

Article 60- The BOAT OWNER accepts and undertakes that they and the BOAT CREW will act in accordance with the instructions of the MARINA OPERATOR in emergencies such as fire and storms that may occur in the MARINA, and will provide any kind of assistance requested of them.

Article 61- Requests for duty-paid fuel can only be met from the fuel stations located within the MARINA. The MARINA OPERATOR does not allow the external entry of fuel other than duty-free fuel supply. Transporters bringing duty-free fuel are required to have valid third-party liability insurance within the limits determined by the MARINA OPERATOR. The MARINA OPERATOR does not allow the entry and fuel supply of transport vehicles that do not have valid and adequate third-party liability insurance within the boundaries of the MARINA. If the MARINA OPERATOR allows duty-free fuel supply, the transport vehicle(s) bringing duty-free fuel must use the route determined by the MARINA OPERATOR within the MARINA and take all safety precautions. The BOAT OWNER is responsible for ensuring that the duty-free fuel supply complies with the relevant laws and regulations.

Article 62- The fee determined by the MARINA OPERATOR for the duty-free fuel supply is paid by the boat owner to the MARINA OPERATOR before the fuel supply.

Article 63- Land vehicles entering the boundaries of the MARINA are prohibited from being left in places other than the parking lot. The MARINA OPERATOR reserves the right to carry out the necessary work to remove vehicles that are parked contrary to this article, with all costs to be borne by the vehicle owner.

Article 64- Land vehicles coming to the MARINA shall be left in the parking areas determined by the MARINA OPERATOR. The MARINA OPERATOR may allow vehicle entry to the dry storage area, the piers and quays where the boats are located, at the request of the BOAT OWNER, only in very necessary cases such as loading and unloading. It is entirely at the discretion of the MARINA OPERATOR to allow the entry of vehicles and officials of companies bringing cargo or passengers to the MARINA from outside into the MARINA SECURITY AREA and to determine the rules related thereto.

Article 65- Young children are the responsibility of their parents in the MARINA.

Article 66- Keeping pets in the MARINA and on BOATS is subject to the written permission of the MARINA OPERATOR. All pets may be walked within the MARINA by their owners with measures taken to prevent uncontrolled movements. The BOAT OWNER is responsible for cleaning the pollution caused by these animals and for any loss and damage they may cause.

Article 67- The BOAT OWNER, BOAT CREW and BOAT CUSTOMER must comply with the Animal Protection Law No. 5199 regarding stray animals that may be found in the MARINA.

SECTION 7: AUTHORITIES OF THE MARINA MANAGER TO MAINTAIN ORDER IN THE MARINA

Article 68- The Marina Manager regulates the rules for the entry, mooring, stay and departure of BOATS to/from the MARINA.

Article 69- The Marina Manager determines the locations where BOATS will berth and moor, and is authorized to change the berthing or land parking locations of BOATS without notifying the BOAT OWNER where deemed necessary or in extraordinary situations. In emergency situations where the BOAT OWNER cannot be notified, if deemed necessary, they shall arrange for the BOAT to be hauled out or for the necessary repairs to be carried out, with the fee to be paid later by the BOAT OWNER. If a BOAT whose owner is unknown and which does not have a valid Berthing Agreement is determined to be within the MARINA, the Marina Manager shall, where necessary, arrange for this BOAT to be hauled out for its safety and shall proceed to collect the fee for the service provided once the BOAT OWNER has been identified.

Article 70- The Marina Manager prohibits the entry into the MARINA boundaries and/or receipt of services in the MARINA of persons who do not comply with the rules of this regulation. The Marina Manager unilaterally terminates the Berthing Agreements made by the BOAT OWNER who does not comply with the rules with the MARINA OPERATOR. In such cases, they carry out all procedures necessary to remove the BOAT from the MARINA, including hauling the BOAT out of the water, with the cost being charged to the BOAT OWNER.

Article 71- The Marina Manager calls law enforcement forces to duty where deemed necessary to ensure peace, order and security within the MARINA.

Article 72- The Marina Manager does not allow the departure from the MARINA or the entry of the BOAT OWNER into the MARINA SECURITY AREA of BOATS for which the fees accrued in accordance with the tariff determined by the MARINA OPERATOR have not been paid by the owner, pursuant to paragraph (e) of Article 15 of the Yacht Tourism Regulation.

Article 73- The Marina Manager regulates the principles regarding the work of personnel employed by the MARINA OPERATOR and in other services, ensures coordination among these services, and ensures that those who do not adapt or whose behaviour is found to be objectionable are sanctioned and/or dismissed from their duties in accordance with the relevant provisions of the Labour Law.

Article 74- The Marina Manager regulates the working hours of commercial units in the MARINA and the start and end times of services. They supervise the manner in which these works are carried out, their cleanliness, safety and suitability for purpose. They check the appearance, attire and conduct of the workers.

Article 75- The Marina Manager takes all necessary measures to prevent pollution of the MARINA area and requests that the BOAT OWNER take such measures.

Article 76- The Marina Manager may delegate, in whole or in part, their powers determined in this regulation to their subordinates by verbal or written instructions where deemed necessary.

SECTION 8: PROVISIONS REGARDING HAUL-OUT SERVICES AND THE DRY STORAGE AREA

Article 77- The MARINA OPERATOR may allocate space for BOATS within an area called the Dry Storage Area. The allocation of space ashore is subject to the signing of a Dry Storage Agreement between the BOAT OWNER and the MARINA OPERATOR. BOATS hauled ashore pursuant to Articles 69 and 70 of this regulation are also within the scope of the articles in Section 8.

Article 78- The Dry Storage Agreement is the agreement made regarding the period during which the BOAT will remain ashore. The pricing formula and unit prices regarding the Dry Storage Agreement are as specified in the official price lists.

Article 79- Dry Storage Agreement fees are collected in advance.

Article 80- A sea berthing agreement covering the period of dry storage ashore is required for the Dry Storage Agreement.

Article 81- The Haul-out-Launching service is calculated as a whole and collected in advance.

Article 82- The haul-out operation begins with the lifting of the BOAT from the water or from its carrier by means of a travel lift and/or slipway, and ends with the installation of props and, if necessary, connection straps following the placement on land. The launching operation begins with the lifting of the BOAT from its location ashore by means of a travel lift and/or slipway, and ends with its placement in the water or on any carrier. The BOAT is deemed to have been taken over by the BOAT OWNER at the end of the haul-out or launching operation. In case the BOAT is placed on a carrier, all necessary measures for the balanced and safe preservation of the BOAT on the carrier shall be taken by the BOAT OWNER. If, after the start of the launching process and following the removal of the props, an obstacle arises preventing the BOAT from being lowered into the water or placed on a carrier (e.g. the detection of water ingress after the BOAT is lowered into the water, the detection of a condition requiring repair of the hull, etc.), other than due to the fault of the MARINA OPERATOR, the BOAT OWNER accepts and undertakes to pay for any kind of waiting on the travel lift and/or additional fee for any operation required to remove the obstacle.

Article 83- The details of the haul-out system to be applied, the suitability of the BOAT for the haul-out operation in terms of construction, equipment or other aspects, and the suitability of the principles and criteria determined by the BOAT’s manufacturer regarding hauling and/or launching the BOAT shall be taken into consideration by the BOAT OWNER, who shall notify the MARINA OPERATOR in writing prior to the haul-out operation of any warnings regarding this matter. Any loss or damage that may occur due to the BOAT OWNER’s failure to take these matters into consideration shall belong to the BOAT OWNER.

Article 84- The MARINA OPERATOR cannot be held responsible for the failure to initiate or completion of the haul-out operation due to unsuitable environmental and/or weather conditions and/or unforeseen technical conditions during the haul-out and/or launching operation.

Article 85- The BOAT OWNER is obliged to ensure that the BOAT’s heel and trim are at an appropriate level before the haul-out operation is started.

Article 86- Bringing the BOAT to the lift/slipway basin for the haul-out operation and mooring it appropriately is the responsibility of the BOAT OWNER. If it is not possible to bring the BOAT to the haul-out basin on time or take it out of the basin by its own means, the operation may be carried out by the MARINA OPERATOR and the BOAT OWNER accepts and undertakes to pay for this service.

Article 87- During the lifting of the BOAT by the travel lift, no personnel shall be present on and/or in the BOAT. Ensuring this is the responsibility of the BOAT OWNER.

Article 88- The BOAT OWNER must act in accordance with the reservation time set by the MARINA OPERATOR for the haul-out and/or launching operation of the BOAT. In case the necessary preparations are not made by the BOAT OWNER at the designated time for the haul-out and/or launching operation, the MARINA OPERATOR may postpone the haul-out and/or launching operation to a later convenient time. Any loss or damage that may occur due to this belongs to the BOAT OWNER.

Article 89- If there are extensions such as shroud wires that will touch the upper beam of the travel lift during the lifting of the BOAT by the travel lift, the loosening and dismantling of the connections of these extensions, their reattachment after the operation, and any loss or damage that may occur due to a deficiency or error in performing these operations, are the responsibility of the BOAT OWNER.

Article 90- The responsibility for taking all necessary precautions on the BOAT during and/or after the haul-out and/or launching operation belongs to the BOAT OWNER.

Article 91- Before starting the launching operation of the BOAT, the BOAT OWNER shall ensure that any pollution and waste generated by the BOAT has been cleaned, and that the BOAT is equipped and ready to leave the haul-out basin immediately after being lowered into the water. If it is determined that these matters have not been fulfilled, the MARINA OPERATOR reserves the right not to provide the haul-out service. Any loss or damage that may occur in such a case belongs to the BOAT OWNER.

Article 92- After the launching operation, the BOAT OWNER shall ensure that the BOAT leaves the lift basin without delay.

Article 93- The BOAT OWNER must notify the MARINA OPERATOR in writing prior to the haul-out operation of any weak points to be taken into consideration in placing the BOAT on the props and blocks. Otherwise, any loss or damage that may occur belongs to the BOAT OWNER.

Article 94- The area where the BOAT will be parked is determined by the MARINA OPERATOR in accordance with the information provided by the BOAT OWNER in the Dry Storage Agreement. If the location of a BOAT that exceeds the launching date specified in the Dry Storage Agreement obstructs the launching of other boats, it may be changed by the MARINA OPERATOR without notifying the BOAT OWNER. The haul-out work performed for this reason shall be charged within the principles specified in the price list. The BOAT OWNER accepts and undertakes to pay the debt credited to their current account immediately. In addition, any loss or damage that may arise on the BOAT as a result of the haul-out work performed for this reason belongs to the BOAT OWNER.

Article 95- If the location of a BOAT that obstructs the launching of other boats and exceeds the launching date specified in the Dry Storage Agreement cannot be changed by the MARINA OPERATOR for any reason, the loss and damage to be suffered by all boats affected by this situation and by the MARINA OPERATOR belong to the BOAT OWNER.

Article 96- The location of a BOAT staying ashore may also be changed by the MARINA OPERATOR without notifying the BOAT OWNER in cases deemed necessary, in addition to the condition specified in Article 94. No fee is charged for such operations. The BOAT OWNER is informed following the relocation operation. The BOAT OWNER shall provide the MARINA OPERATOR in writing, before leaving the MARINA, with preliminary information that will be useful during the relocation of their BOAT, taking into account a possible relocation situation while they are away from the MARINA.

Article 97- It is prohibited to operate vibration-generating machines such as engines and generators on a BOAT located ashore, to carry out activities, to climb the mast, to lower or attach the mast, to hoist sail, and to leave sails attached in open rigging. Otherwise, any loss or damage that may occur belongs to the BOAT OWNER.

Article 98- It is mandatory to inform the MARINA OPERATOR and obtain written permission if a large amount of weight is to be added or removed from a BOAT located ashore. The said operation may be carried out after written approval and with all responsibility belonging to the BOAT OWNER.

Article 99- It is strictly prohibited to spill, leave or throw environmentally polluting waste from BOATS located ashore. Recyclable solid waste (plastic, aluminium, bottles, etc.) as well as waste oils and paint cans collected in the dry storage area shall be stored only in the containers located in the area. If environmental pollution is detected, the MARINA OPERATOR may take action for the necessary procedures to be carried out by the official authorities. If the MARINA OPERATOR carries out work to remove the pollution, all costs that may arise shall be paid by the BOAT OWNER immediately.

Article 100- Pollution caused by maintenance-repair works carried out by the BOAT OWNER themselves shall be cleaned by the BOAT OWNER immediately. If it is determined that the cleaning has not been carried out by the BOAT OWNER, the MARINA OPERATOR may carry out work to remove the pollution and all costs that may arise shall be paid by the BOAT OWNER immediately.

Article 101- The BOAT OWNER shall take all necessary measures, with all costs belonging to themselves, to prevent neighbouring boats and facilities from being polluted and damaged during the maintenance and repair work carried out on the BOAT. Works found to be carried out without taking precautions shall be stopped by the MARINA OPERATOR. Otherwise, the loss and damage that occurs to neighbouring boats and facilities belongs to the BOAT OWNER.

Article 102- The responsibility for taking all necessary safety precautions during maintenance and repair work carried out on BOATS belongs to the BOAT OWNER. Otherwise, the BOAT OWNER accepts and undertakes in advance to bear any loss or damage that may occur.

Article 103- The props and blocks that support the BOATS ashore are placed and relocated only by MARINA OPERATOR officials. It is strictly dangerous and prohibited for persons other than MARINA OPERATOR officials to change the position of props, wedges and blocks, or to remove the straps between the props and blocks; any loss or damage occurring to the BOAT, neighbouring BOATS, any other third parties and facilities due to this reason belongs to the BOAT OWNER.

Article 104- It is dangerous and prohibited to attach the winter canvas ropes on the BOAT or connections that will create force to the prop straps, or to hang chains and similar weights on the props.

Article 105- It is not advisable to supply electrical power from outside the BOAT to BOATS ashore while there is no authorized person on board. Taking the necessary precautions in this regard and grounding the BOAT’s electrical installation to the ground of the area is carried out by the BOAT OWNER, with all responsibility belonging to themselves.

Article 106- Before the BOAT is launched, the BOAT OWNER must pay any balance debt on their current account. Otherwise, the BOAT OWNER is responsible for any loss or damage that may occur due to the BOAT not being launched.

Article 107- The BOAT OWNER who will have a roof (tent) made for their BOAT must declare this request to the MARINA OPERATOR before the haul-out operation and sign the undertaking prepared by the MARINA OPERATOR. The MARINA OPERATOR reserves the right not to grant permission to have a roof (tent) made. The responsibility for the construction quality and installation safety of the roofs (tents) and any loss or damage that may occur to the BOAT and to third parties due to this operation belongs to the BOAT OWNER. The BOAT OWNER accepts and undertakes to pay in advance at least 20% of the total of the current dry storage and haul-out/launching fees for the additional area that the roof (tent) will occupy in the dry storage area.

Article 108- The MARINA OPERATOR does not allow the entry of cranes and similar vehicles brought from outside the MARINA for the purpose of providing haul-out/launching service. In case a BOAT is brought to the MARINA from land to receive launching service, the trailers and cradles brought to the Dry Storage area must be removed from the area after being unloaded; any damage that the trailers and cradles may suffer during their stay in the area is outside the responsibility of the MARINA OPERATOR. Similarly, any damage that the trailers and cradles brought to the MARINA to take a BOAT from the MARINA may suffer during their stay in the area is outside the responsibility of the MARINA OPERATOR.

Article 109- BOAT hull washing service is carried out only in the area determined by the MARINA OPERATOR, with the personnel and equipment of the MARINA OPERATOR, and the fee is paid in advance.

SECTION 9: LIABILITY AND INSURANCE

Article 110- Any loss, damage and harm caused by the BOAT OWNER, BOAT CREW and BOAT CUSTOMERS to their own BOAT, to other BOATS, and to facilities belonging to the MARINA

OPERATOR is outside the scope of the MARINA OPERATOR’s Third-Party Liability Insurance and is not under the responsibility of the MARINA OPERATOR.

Article 111- Material and moral loss, damage and harm that may be caused by persons entering the MARINA from outside and/or due to events of a judicial nature are outside the scope of the MARINA OPERATOR’s Third-Party Liability Insurance and are not under the responsibility of the MARINA OPERATOR.

Article 112- Loss, damage and harm that may occur on BOATS and to persons as a result of extraordinary natural conditions such as floods, stormy winds, storms, tornadoes, earthquakes and lightning are outside the scope of the MARINA OPERATOR’s Third-Party Liability Insurance and are not under the responsibility of the MARINA OPERATOR.

Article 113- Theft, loss and damage that may occur in the consignment material warehouses belonging to the MARINA OPERATOR are outside the scope of the MARINA OPERATOR’s Third-Party Liability Insurance and are not under the responsibility of the MARINA OPERATOR.

Article 114- In the event that technical service is under the responsibility of the MARINA OPERATOR, any loss, damage and harm that may occur after maintenance, repair and manufacturing works for which the Technical Service has not provided a written warranty are outside the scope of the MARINA OPERATOR’s Third-Party Liability Insurance and are not under the responsibility of the MARINA OPERATOR.

Article 115- Any loss, damage and harm that may occur during the relocation of the BOAT by being towed by the MARINA OPERATOR’s mooring boat while the BOAT OWNER or BOAT CREW is on board are outside the scope of the MARINA OPERATOR’s Third-Party Liability Insurance and are not under the responsibility of the MARINA OPERATOR.

Article 116- Loss, damage and harm that may be caused by events such as the breakage of rotten or weak parts of the BOAT or the separation of the keel from the hull during the haul-out service are outside the scope of the MARINA OPERATOR’s Third-Party Liability Insurance and are not under the responsibility of the MARINA OPERATOR.

Article 117- Any loss, damage and harm that the BOAT OWNER and/or BOAT CREW and/or persons authorized by the BOAT OWNER may cause to themselves, to the BOAT and to third parties while carrying out repair, maintenance and manufacturing works in the MARINA are outside the scope of the MARINA OPERATOR’s Third-Party Liability Insurance and are not under the responsibility of the MARINA OPERATOR.

Article 118- The Security Service provided by the MARINA OPERATOR only has a deterrent character. Since the Security Service only constitutes a precaution, any material and moral loss, damage and harm that the BOAT OWNER, BOAT CREW and BOAT CUSTOMERS may suffer due to the partial or total theft, loss or damage of the BOAT and/or the materials in its registered or unregistered inventory in the MARINA, and due to injury, killing and terrorist acts, are outside the scope of the MARINA OPERATOR’s Third-Party Liability Insurance and are not under the responsibility of the MARINA OPERATOR.

Article 119- Any loss or damage that may occur due to the breakage of the mooring rope and other connection ropes ensuring the mooring of the BOAT at sea, other than the mooring chain and/or rope provided by the MARINA OPERATOR, and due to the fenders around the BOAT becoming unusable for any reason, is outside the scope of the MARINA OPERATOR’s Third-Party Liability Insurance and is not under the responsibility of the MARINA OPERATOR.

Article 120- Damages occurring to the BOAT due to the insufficiency and/or failure of the travel lift or slipway used during the haul-out service, or due to the insufficiency, fault or negligence of the MARINA OPERATOR personnel operating the travel lift or slipway, are under the guarantee and responsibility of the MARINA OPERATOR if it is finalized by a court decision that the fault arose from the negligence of the MARINA OPERATOR.

Article 121- It is strictly forbidden for persons other than MARINA OPERATOR personnel to change the prop locations of BOATS without the knowledge and written permission of the MARINA OPERATOR. Loss, damage and harm occurring to the said BOAT and other BOATS due to behaviour contrary to this are outside the scope of the MARINA OPERATOR’s Third-Party Liability Insurance and are not under the responsibility of the MARINA OPERATOR.

Article 122- The BOAT OWNER is responsible for the use of Internet and data line connections provided by the MARINA OPERATOR as an additional service, outside the rules determined by the relevant laws, and the BOAT OWNER accepts and undertakes in advance to cover any fines and sanctions that may arise in this regard.

SECTION 10: CANCELLATION AND TERMINATION OF THE BERTHING AGREEMENT

Article 123- The behaviour of the BOAT OWNER and/or the BOAT CREW and/or the BOAT CUSTOMERS contrary to the provisions of the SETUR MARINAS OPERATION

REGULATIONS constitutes grounds for termination of the agreement. In the event of termination of the agreement due to behaviour contrary to the regulation rules, the service fees paid by the BOAT OWNER shall not be refunded and the MARINA OPERATOR’s rights to compensation are reserved. The BOAT OWNER cannot claim any rights or compensation due to the termination arising from the breach.

Article 124- In case of termination of the Berthing Agreement or termination of the agreement by the MARINA OPERATOR, it is mandatory for the BOAT to leave the MARINA on the same day. Otherwise, for each day the BOAT remains in the MARINA, the BOAT OWNER is obliged to pay the daily berthing unit price specified in the official berthing price list in force.

Article 125- If the BOAT OWNER requests to terminate the berthing agreement of their own will, they accept and undertake in advance to pay the fee for the period of stay and, in addition, 25% of the current berthing agreement fee.

SECTION 11: VALIDITY OF PRICE OFFERS AND RESERVATION TERMS

Article 126- The validity period of the price offer given by the MARINA OPERATOR to the BOAT OWNER is 1 week. If the berthing agreement and payment are not made within this period and the prices change, the new prices shall be applied to the BOAT.

Article 127- In reservations, 25% of the berthing fee calculated based on the current price list and the BOAT OWNER’s declaration regarding the measurements of the BOAT is taken as a reservation deposit. The reservation request notified by the BOAT OWNER becomes definitive upon the arrival of the deposit at the MARINA OPERATOR and the confirmation of the MARINA OPERATOR. If, as a result of the measurement of the BOAT, a higher fee is calculated than the berthing fee calculated based on the measurements declared by the BOAT OWNER, the difference shall be collected from the BOAT OWNER.

Article 128- If the BOAT that has made a reservation by paying the reservation deposit does not arrive on the relevant date, the deposit is not refunded.

Article 129- The reservation made cannot be transferred to another BOAT.

Article 130- Written notification must be made to the MARINA OPERATOR at least 60 days before the reservation start date for the reservation to be transferred to another date. The MARINA OPERATOR reserves the right not to accept this request for a change of date.

SECTION 12: GENERAL PROVISIONS

Article 131- The BOAT OWNER accepts and undertakes in advance to comply with all rules of the MARINA OPERATOR, whether or not specified in this regulation, with all decisions of the persons authorized in this regulation, and with the general and special conditions that the MARINA OPERATOR will set and/or amend at times it deems appropriate.

Article 132- The MARINA OPERATOR’s failure to exercise, or its partial exercise of, or its delay in exercising, the right of unilateral termination granted to it under this Regulation or any other right, or the MARINA OPERATOR’s failure to demand and/or delay in demanding that the BOAT OWNER comply with any of the obligations it has undertaken under this Regulation, does not mean that the MARINA OPERATOR has waived or will not exercise these powers and rights in the future or has tacitly given them up. Similarly, the MARINA OPERATOR’s failure to object to any action by the BOAT OWNER contrary to any provision of this regulation does not mean that it will not object to subsequent actions contrary to the same or other provisions.

Article 133- The BOAT OWNER accepts and undertakes to behave in accordance with the Law on Police Duties and Powers and with general moral rules.

Article 134- The “Marina Berthing – Dry Storage Haul-out/Launching Agreement” to which this regulation is annexed is not a lease agreement subject to the provisions of Law No. 6570 on the Lease of Real Estate.

Article 135- This Regulation is subject to the laws of the Republic of Türkiye, and in case of dispute, the Courts of the Province/District where the relevant MARINA OPERATOR is located shall have jurisdiction.

Article 136- SETUR MARINAS reserves the right to change the conditions specified above at any time according to the requirements of the MARINA OPERATOR.

Article 137- For matters not included in this Regulation, the Yacht Tourism Regulation issued pursuant to paragraph 4 of subsection A of Article 37 of the Yacht Tourism Incentive Law No. 2634 shall apply.

SECTION 13: NOTIFICATION

Article 138- The addresses of the parties in the agreement or the BOAT in the MARINA where the BOAT is located is the BOAT’s notification address. The BOAT OWNER accepts and undertakes in advance that notifications made to these addresses shall be valid unless they notify the MARINA OPERATOR in writing of any change of address.

SECTION 14: SPECIAL CONDITIONS

Article 139- This regulation, which is an integral annex of the MARINA BERTHING AGREEMENT and HAUL-OUT/LAUNCHING AGREEMENT, is binding on all BOAT OWNERS who enter the MARINA with their BOAT, whether or not they have signed an agreement, and in this context all BOAT OWNERS must comply with the provisions of this regulation. Given that this regulation has been published on the SETUR MARINAS web pages and has thus become publicly available, as it can also be obtained from the front offices of the MARINA OPERATOR upon request, the BOAT OWNER bringing their BOAT to the MARINA accepts, declares and undertakes that the presence of their BOAT within the MARINA is sufficient for them to comply with the provisions of this regulation, even if they have not signed the agreement.

The BOAT OWNER who has entered the MARINA with their BOAT but has not signed the agreement accepts, declares and undertakes that the sea-land berthing fee to be calculated for the period of stay shall be calculated based on the price list in force on the date they sign the agreement and/or make payment, and that they will pay the amount calculated on this basis to the MARINA OPERATOR.