Miss Aleyna

Written by the charter company, in its own words and language. navi-gate is not a party to them.

TERMS AND CONDITIONS Daphne Sail (hereinafter referred to as DS), in accordance with the General Terms and Conditions and the Charter Contract, will rent the charter vessel to the Client for the agreed period of the charter, and guarantees all charter vessels are in good condition and their machinery in proper working order. The person who confirms the reservation or makes the advance payment (hereinafter referred to as the Client) establishes a legal relationship with DS, thereby accepting the General Terms and Conditions. Everything defined by these conditions represents a legal obligation for the Client and DS. These conditions are the basis for resolving any dispute that may arise between the Client and DS. PRICES AND TERMS OF PAYMENT The Charter Fee includes a technically adequate, clean vessel with a full fuel tank; on-board accommodation and use of the vessel's equipment according to the inventory, compulsory and comprehensive insurance, accident insurance for the crew, mooring at the base marina. The Charter Fee does not include the mooring fees or other port taxes during the charter period, any fees for navigating waters, areas or harbors, costs of fuel, additional services in DS bases and their consumables, car parking expenses and health insurance for the crew. The Client must, within the period of 7 days from the booking confirmation is issued and sent by DS, make the advance payment of agreed booking price. The remaining balance of the agreed booking price, the client is obliged to pay at the start date of the charter, in cash. The current payment terms require the Client to make an advance payment of 30% of the agreed booking price within 7 days of the booking confirmation being issued and sent by DS. The remaining 70% of the booking price must be paid in cash at the start date of the charter during check-in. DS is flexible if the Client and their representative agree on a different payment condition or installment rates, provided that the total amount of the booking price remains unchanged. In case there are less than 7 days to the charter date, the client is obliged to pay 100% of the agreed booking price, right after the booking confirmation is issued and sent by DS. The Client can take over the vessel only if all the necessary payments have been made. CHANGES TO OR CANCELLATION RESERVATION DS provides flexible cancellation terms to accommodate the Client's needs. If a booking is made for the following calendar year, the Client may cancel the reservation by notifying their representative or DS directly in writing (via email, fax, or post) on or before December 31st of the current calendar year. In this case, DS is obliged to offer the Client an alternative period or yacht within its fleet, specifying any price differences arising from the alternative. Should the Client decline the proposed alternatives, DS will refund the full amount of the payment for the booking to a bank account specified by the Client or their representative. For bookings made in the current calendar year, the Client may cancel the reservation without additional charges by providing written notice at least 90 calendar days prior to the check-in date, inclusive of the check-in date. DS will offer the Client an alternative period or yacht within its fleet and will specify any price differences due to the change. If the Client does not accept the alternatives, DS will refund the full payment for the reservation to a bank account specified by the Client or their representative. If the Client cancels the reservation within 90 calendar days of the check-in date, DS provides the opportunity for the Client to secure a new rental client to take over the reservation. The new rental client must agree to the same terms and conditions as the original booking, and the transfer is subject to DS's prior written approval. DS reserves the right to charge administrative and processing fees for the transfer. If no replacement client is found, DS will retain the advance payment as compensation for holding the reservation and the potential loss of income due to the vacant charter period. All cancellations must be submitted in writing (via e-mail, fax, or post). DS reserves the right to retain payments if cancellations are made outside the conditions specified above, particularly if no alternative client is found. In the event of cancellation due to objective reasons such as a death in the family or a serious illness, DS is not obligated to refund the payment. However, the Client may choose another available charter period on the corresponding vessel, subject to DS's confirmation. The paid amount will be applied to the new booking, and any price differences between the canceled reservation and the new reservation will be calculated accordingly. In cases of force majeure, including but not limited to war, unrest, strikes, terrorism, natural disasters, pandemics, or government interventions, DS will not be held liable for modifications or cancellations. DS reserves the right to adjust the booking terms and conditions as necessary under such circumstances. If the Client wants to change the charter terms or cancel the reservation, this must be done in writing (via e-mail, fax, or post.) If the client terminates the charter contract, cancellation fees may be applied. BOARDING (CHECK-IN) Upon takeover of the vessel the Client makes the entire inspection of the vessel and signs the check-in list as a confirmation that no damages occurred on the vessel on that occasion including underwater part of the vessel. If an early check-in has been booked for an additional fee and confirmed by DS, DS will do everything to comply with the agreed check-in time. Due to the possibility of unforeseen events (such as late return by the previous client, necessary repair work to the ship), the promised check-in time cannot be guaranteed. If the promised check-in time is exceeded, the additional fee paid for this will be refunded. Further claims of the Client and any further liability of DS are expressly excluded. Regular check in time is from 17:00 until 20:00. The Client is obliged to pay to DS upon the date of check-in outstanding balance of the agreed booking price, mandatory charter service package, prices for optional service and equipment (if such extra services are already booked by the Client) and a security deposit to cover any damage or loss that can occur during the charter, not covered by the vessel's insurance. The deposit is payable in cash or by credit card via POS terminal that automatically makes pre-authorization. The deposit will be refunded in full to the Client once DS's base staff have confirmed that the vessel has been returned on time and at the agreed place, that the vessel is clean (compliance with house rules) and in good condition with a full fuel tank, empty holding tank and upon signing of the check-out list by the skipper containing the notification ensuring that no damages on the vessel and/or its pertaining equipment occurred, or situations based on which the third parties could claim damage. The security deposit made by credit card pre-authorization will be automatically unblocked in certain period, according on the Client's bank pre-authorization release protocol. In the event of the damages covered by the insurance policy and the amount of repair which exceeds the deposit amount, DS, i.e. the authorized base will retain the entire deposit and issue the corresponding invoice to the Client. If the Client does not accept the vessel within 24 hours of the agreed time and place without prior notification, DS reserves the right to terminate the contract with no further claims against the company by the Client. DS has no liability for the services delayed or unrealized for reasons out of its own control (bad weather, the Client's delayed arrival or no-show due to health problems or transportation delays, delays due to incompleteness of the official documentation due to the Client's delayed submission of the documentation such as crew list, ID, etc.). DS`s liability for any amount higher from the agreed charter price and for any other claim for compensation of damages is excluded. Upon check-in, the Client is obliged to carefully inspect the vessel and its equipment and certify that the condition of inventory and equipment is in compliance with the check-in list. The Client must submit any complaints regarding the state of the vessel or the equipment in written on the check-in list before taking over the vessel. DS will not accept liability for any claim or price reduction arising from the hidden defects and deficiencies of vessel and/or equipment at the time of embarkation and regular maintenance of the vessel as well as for deficiencies and failures that may occur after the time of boarding, that could not be foreseen or prevented by DS. Upon check in of the Client, the vessel will have all valid documents as well as other annexes from the vessel's folder. The Client undertakes to take exceptionally good care of the aforementioned documents and return them upon the check-out. Any complaint to the received documentation the Client is obliged to submit in writing prior to takeover of the vessel. The Client is obliged to keep the vessel`s documents taken at the check-in procedure and have them in case of the inspection at sea and return them to the DS representative at the check-out. Any kind of damage to or loss of the vessel's documents will be submitted to the charge, which will be specified by DS team. RETURN OF THE VESSEL (CHECK-OUT) Unless otherwise specifically stated in the agreement, the return delivery time of the boat by the Client is until 17:00 on Friday for the Saturday-Saturday weekly charters. Extension of the charter period is possible by written consent of DS. The Client is obliged to be maximum 20 nautical miles away from the return port 24 hours before the time of return. If the Client does not return the boat at the date and time as indicated in the general terms and conditions, for each 1-24 hour delay, a compulsory penalty of twice as much of the daily share of total charter price shall apply. The Client takes out his own waste and disposes it at the designated place in the marina. The Client is obliged to return the vessel in good condition (take out the rubbish, wash the dishes). The damage compensation will be executed in case of filthiness of the vessel (negligence to the property) and failure to comply with the house rules. If during the charter period, sailing for any reason is not possible and/or a delay in return of the vessel is inevitable, the Client must inform the base manager and DS, requesting further instructions. Unfavorable weather conditions cannot justify delays to the agreed return of the vessel. In the event of the eventual delay, not caused because of the technical defects on the vessel, the Client can be charged, as well as for the collateral damage caused by delay. In the event the return of the vessel is made in other port and not the one agreed as the destination port, the Client is liable for the cost of transferring the vessel to the agreed destination port, a penalty charge for the delayed return, if there is one, and any damage that may have resulted from the transfer and which is not covered by the vessel's insurance and the damage possibly occurred during the transfer of the vessel. DS, i.e., the authorized base is entitled to charge all the costs arising from delay or transfer of the vessel primarily from the security deposit. If the costs exceed the amount of security deposit the Client is obliged to pay the amount missing between the amount of the paid security deposit and the amount of the actual cost. Further, to prevent unjustly treatment of the next client, all sorts of expenses incurred from this delayed return of the boat (hotel, food, price difference from the rental of another boat, the fees paid for the days that could not be sailed, etc.) shall be charged to the Client. The Client is obliged to notify the DS representative of any defects or damage. If the damage is beneath the waterline or is assumed to be beneath the waterline of the vessel, it is necessary to inspect the vessel in detail, either by the intervention of professional divers or using a vessel crane. The DS representative decides on the manner of the inspection and the Client is charged for the associated costs. The Client agrees and declares: - to send the complete crew list, with the full name, address, date and place of birth, citizenship, and the type and number of valid identification document, and for the skipper a currently valid skipper license, to DS no later than one week prior to the start date of the charter period. - to be in possession of valid travel documents. The Client bears any costs relating to loss or theft of documents during the period of the charter. - to carefully read all written documentation on the board. - to sail in a safe, responsible manner, and never under the influence of alcohol or narcotics as well as to handle all gear and equipment with due care and attention. - to use the plotter only as a navigation aid. Basically, the navigation must be made using the nautical maps on board. This is also the current case law in most countries. Misconduct may have liability consequences for the responsible skipper. - to sail only within the territorial waters of Türkiye. Sailing outside the territorial waters of Türkiye is permitted only if a signed permit is obtained from DS as well as other necessary and related documents. The Client is responsible of paying to DS all expenses, the penalties, cost of seize and possible damage incurred from sailing outside of the stated area. - to sail only in safe weather conditions and good visibility, avoiding any dangerous areas. From a wind speed with announced peak gusts of more than 25 knots, the instructions of the base management must be followed, whether they allow the sailing or instruct the Client to seek a safe anchorage. If the request is not complied with, then all claims for resulting damages, against the charter provider and the insurance will be refused. - to adjust sailing to the weather conditions and the ability of the crew. - not to leave port or anchorage if the vessel or its equipment essential to the safety of navigation is not functional. - to return the vessel with full tank and empty holding tank. Reserve fuel canisters and reserve canisters for the outboard engine are handed over full and need to be returned filled in too. After the functional check of the sewage tank at check-in, no complaints for clogged sewage tanks will be accepted during the charter or at check-out. At the end of the charter period, if the fuel tank is not filled up and the necessary blue card work (disposal delivery) is not done, the Client is obliged to bear the cost of fuel and collection of disposals from the boat along with service charges. - to never leave port if port authorities have imposed a prohibition of sailing, i.e., have placed a ban on departure or in case of insufficient fuel supplies. - to limit the number of people on board to not more than the designated number for that type of the vessel, as well as to ensure only people on the crew list are allowed on board. - to inform DS base if there will be any change with the crew list. A new Transit Log must be issued by the Port Authority for every change; otherwise, during controls of the Coast Guard a penalty and blockage of the vessel from sailing may be ordered. Any penalty and blockage costs incurred from misuse of the Client shall be invoiced to the Client by DS. - to accept responsibility for all actions or omissions of passengers on board according to registered passenger list, as well as any other persons not registered but allowed on board by the Client. - not to participate in regattas or races without first acquiring a written permit from DS. - not to tow another vessel and to undertake all necessary measures to avoid a situation in which a chartered vessel is to be towed. - to agree to terminate the Charter Contract if any member of the crew or passenger violated applicable law and/or regulations of the Republic of Türkiye; DS takes over the authority over the vessel and the Client remains without right to any compensation. DS will not be liable for any violation of the law or regulations committed by the Client or any person on board and the Client assumes full responsibility. - not to use the vessel for commercial purpose nor to carry human or goods for fiscal benefit. - not to leave nor deliver the boat to third party persons, nor abandon it. - not to have on board any article or goods subject to customs declaration. The boat is delivered to the Client without having on board any illegal article, goods or material. DS is not responsible of any such article found on board later on. - not to smoke in boat cabins. Smoking on deck is possible but extra care should be paid especially when it's windy - to accept financial responsibility for any liability DS may have towards third parties and which is due to the Client's, or the charter party's negligence or omission. - to accept responsibility for violating any rules of navigation or other laws and regulations during the term of the contract, which responsibility does not expire with the termination of the Charter Contract or the charter period. - to notify DS immediately of any breakdown, accident, or damage to the vessel, making sure to record the event, register the incident at the nearest Harbor Master's Office and request a verified report from the Harbor Master, doctor, or other competent authority. - to notify DS immediately of any breakdown or failure of the vessel or its equipment caused by normal wear and tear. DS is obliged to repair the defect within 24 hours from the receipt of the notification which implies full cooperation of the client in order to repair the defect. In case the client does not cooperate, the client agrees to take full responsibility for all consequences deriving from that act. This includes all material damages and damages to reputation of DS. In case DS repairs the defect within that deadline, the Client has no right to compensation. - to accept the full financial responsibility for any damage caused by negligence or omission, which is not covered by the insurance and for which DS is liable to third party. - to immediately notify DS and competent authorities in the event of disappearance of the vessel or its equipment, the vessel not being fit for navigation, seizure of the vessel or the implementation of cruising limits by government authorities or third parties. In such circumstances, the Client will request a copy of the police report. - to accept full responsibility in case of seizure of the vessel by the competent state authorities due to unauthorized or illegal acts (commercial fishing, stealing artefacts from the seabed, etc.) committed during the charter period. - to accept responsibility in the event of serious pollution of the sea during refueling or due to inappropriate disposal of waste. - to inform DS before taking any pet onboard. Pets are allowed on board only if previously agreed with DS and will be additionally charged according to the DS's Price List. The Client bearsfull material and criminalresponsibility for actions contrary to agreed liabilities and furthermore DS reserves the right to request immediate return of the vessel back to it’s base and terminate the Charter Contract without refunding the price for next days of the rental and with no further claims against the company by the Client, in case of violation of agreed terms. SKIPPER'S AUTHORITY The Client who assumes the function of skipper must have the competence and skills required to navigate the vessel safely. If the Client does not possess the required competence, skills, and licenses for navigating the vessel, he warrants that the vessel is operated by the member of his crew who has such qualifications. DS reserves the right to ask the Client or the appointed skipper of the vessel to demonstrate his/her competence and skills at sea in the presence of the DS representative. The time required for the demonstration is part of the agreed charter period. If during demonstration the DS representative determines that the Client or the skipper appointed by the Client does not have sufficient competence, experience and/or a valid license for navigation, DS will provide the crew with an official skipper at extra charge. If the Client refuses to accept the appointed skipper, DS reserves the right to prohibit departure of the vessel, terminate the Contract and retain the fully paid charter amount. In these circumstances, any amounts paid will not be refunded. The security deposit is still required when chartering a vessel with a skipper. VESSEL INSURANCE The vessel carries third party damage and liability insurance (compulsory insurance). Comprehensive insurance for the vessel is provided in the amount of the vessel's value as it is recorded in the insurance policy. The comprehensive insurance covers damage above the amount of the security deposit, but not the damages caused intentionally or by gross negligence. DS shall have no liability for loss or damage to personal effects of the Client, or other passengers and crew members, nor is DS responsible for any personal effects of third parties left on board, the company vehicle, or within DS offices. Upon making the advance payment and accepting the terms and conditions, the Client waives all damage claims towards DS for loss or damage to personal or third-party effects. In the event of loss or damage, DS must be notified immediately. In the event of a more serious incident, or the participation of more than one vessel, the Client shall notify the competent Harbor Master’s Office requesting the necessary documents for the insurers. Insurance policy covered damages not notified immediately to DS, competent bodies, and the insurance providers, and for which all the necessary documentation has not been submitted, will not be acknowledged in accordance with the terms of insurance and hence for which the Client is fully responsible. The Client must immediately inform the base of any damage or problems and follow the instructions given by the base. If s/he fails to do so, the Client shall have no claims against DS or against the insurance company covering the vessel. In case of damage to the vessel covered by insurance policy, the Client is obliged to cover all costs in accordance with the existing comprehensive insurance conditions only up to the amount of security deposit. The Client is liable for the costs of all damages to the vessel and/or equipment caused by the Client or the Client party's negligence or misuse and/or loss of one or more parts of the equipment, in the full amount. The Client is aware that in the event of the settlement of any claims by way of a credit card, the credit card operator may charge an additional fee and that these additional costs will be borne by the credit card holder. The Client is also aware that the deposit in the local currency is debited from the credit card at the current daily rate, and that this may lead to differences in the calculation. DAMAGES OCCURED DURING THE CHARTER The Client is financially liable for any defect or damage to the vessel that occurs during the charter period and that is not related to the vessel's depreciation. Before making any repairs or purchases, the Client will contact DS and reach an agreement on the technical feasibility of the repair and the manner of payment. DS is financially liable for any loss or damage that occurs during the charter period, and which is caused by reasonable wear and tear of the vessel and its equipment. The Client must obtain DS's approval prior to initiating any repairs, in order to agree on the technical and financial aspect of the repairs. The Client will immediately notify DS of any defects or damage regardless of their cause. If DS`s base is not able to arrive and immediately eliminate the damages occurred, DS will personally or instruct the Client to engage the third party to eliminate the damages occurred. Prior to the repair of the damage by the third party, DS must certify the manner of execution of the repair and the costs of repair. After DS certificates the approval for the agreed cost and the manner of execution of the repair, the Client is authorized to settle the cost of the repair on behalf of DS. The Client is required to keep the paid invoice. In the event of any damage or failure due to age or deterioration of the vessel. DS is obliged to refund the amount paid to the Client. Any unauthorized repairs or changes to the gear and equipment will be charged to the Client's final invoice. COMPLAINTS The Client has the right to lodge a complaint if he is not satisfied with the service DS or the DS`s base is providing or believes the quality of service is incomplete and/or unsatisfactory. The Client must send the complaint in writing by email no later than 14 days after the end date of the charter period. Any complaints made later may affect the Client's rights under the Charter Contract. DS reserves the right not to take into consideration any complaints received after the period or incompletely documented complaints. DS is obliged to issue the written decision regarding the complaint not later than 14 days following its receipt. DS reserves the right to postpone the resolution of the complaint a further 14 days with the aim of investigating the complaint and collecting all the necessary information from persons directly or indirectly involved in the case. The highest possible compensation per complaint may equal the value of the advertised part of the service but may not include the already used part of the charter period, nor can it be equal to the full Charter Fee. The Client does not have the right to compensation for non-material damage unless the same is not caused by intention of DS. LEGAL TERMS If the Client is not satisfied with the decision of DS and the parties cannot find a peaceful and satisfactory resolution, he/she is entitled to court proceeding. Any disputes not resolved peacefully will be lodged with the Court in Mugla and are subject to Turkish Law. Any changes or amendments to the General Terms and Conditions are valid only in writing and if agreed upon by both parties. This contract becomes valid upon being sent to the Client or their representative (e.g., agency) by DS. In cases where the contract is sent to the agency, it is the agency's responsibility to inform the end Client of the Terms and Conditions. The contract remains legally binding even if it is not signed by the Client. CONTRACT SUBJECT Booking confirmation date : Yacht : Check-in time & base : Check-out time & base : CONTRACTING PARTIES Charter Company Client DAPHNE SAIL / DAPHNE MARIN