KYBELE

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

1- Application This agreement is only valid by THEA’s own signature or by the signature of authorized agent with prior approval of THEA and with min. %40 payment of the total amount. If there is no prior approval for the agent and THEA doesn’t assent after agent’s signature, client shall raise all claims regarding this contract against the agent. Signed firm stamp is to prove THEA’s approval if there are no other proves for prior approval or assent of THEA. 2- Payment of the Balance and Embarkation Guest is entitled for embarkation only after full payment of balance 30 days in advance of departure date. Otherwise the reservation will be canceled and the payments up to date won’t be refunded. In such case parties refer to article 21 of this agreement. The yacht will be hand over for departure without captain and staff, clean and fully equipped, ready for sailing and started up. Parties shall check the inventory list and the important points of the yacht and record in article 18 mentioned report. If the guest doesn’t sign such report becomes liable for any claim of THEA. 3- Insurance THEA insured the yacht against fine, bad sea conditions, collision, damages of third parties and natural events for partly or complete loss. However; the guest is also liable for every kind of damage if breach of contract occurs or the damage arises from guest’s negligence or intent. In such case THEA is entitled to choose whom to raise its claims. If the damage can’t be covered with the deposit all voyagers on board (in the transit LOG registered persons) will be joint and several liable for the damage. THEA is not responsible for injuries, death or damages of personal belongings of guest, other voyagers or staff, so far this occasion is not a culpable negligence or intent of THEA. Guest and other voyagers can be insured by THEA in frame of personal travel insurance if they agree to pay that fee as extra. 4-Delay of Embarkation THEA gives maximum effort for embarkation on time. In case THEA can’t hand over the yacht on time guest can request gradually below mentioned options: • The stay of the guest will be extended so long as the delay if the next dates are not booked. • If THEA can’t provide that option the end of the voyage will be fixed as it is and THEA refunds the amount in ratio of the delay. • The total payment of the guest shall be refund if the delay last longer than half of duration of the voyage. Guest already agrees that no other claims will be raised relating to that matter of contract. 5-Return of the Yacht and Delay in Return Guest is obliged to return the yacht 3 hours in advance of arrival time fully equipped and in the same conditions as admitted to the set port. It must be a light time of the day anyway as the boat is returned for controlling. After this procedure guest shall leave the boat on the set departure time. Guest undertakes to pay EUR 25,- for each delaying hour until the end of the certain day and %150 of the daily price for each following day in case of late arrival. Adding to this guest is obliged to pay any transfers to origin and above mentioned fees and any damages might occur if the yacht is dropped in a different port than determined one. (Ayvalik Port if no other port is determined with this agreement) 6- Security Deposit Guest pays a certain amount of security deposit for any damage might occur during the voyage. For the controlling procedure during embarkation and return of the yacht apply the conditions mentioned in art. 2. THEA refunds the deposit after cutting the price of damaged or lost equipments. 7-Intend and Limits of Use Guest declares and obliges already by signing this agreement not to use the yacht for racing or towing another craft except in emergencies, to sail with an experienced captain and a crew and listed numbers of voyagers for leisure, not to transport any other people then declared at departure, not to exceed Aegean and Mediterranean sea borders and not to sublet the yacht to the third parties. Besides these, people declared to be on board by Transit LOG shall be a part of this agreement and be jointly and severally responsible against THEA. Guest is strictly forbidden to hand over the yacht to third parties, is not allowed to send other persons to yacht on behalf himself or let others use the unapplied periods of his voyage. 8- Obligations to Customs and Diving Guest undertakes to assure that the crew and other voyagers don’t breach any legal regulations in or outer Turkey regarding to Customs and Diving. That may mean angling, spear fishing, scuba diving, harm and export of archeological heritages and any further related instances. THEA is allowed for justified termination of this agreement immediately if these rules are breached. Guest can’t raise any claim against THEA in such case and guest is liable for these torts in front of lawful authorities with own crew and voyagers. 9-Letting the rented yacht towed by another yacht Guest should take all the precautions for not being towed by another yacht. If an accident like that happens guest should agree with the captain of the towing yacht in terms of payment of rescuing. Guest should make the payment him/herself and agrees not to demand anything from THEA. 10-Restrictions to Departure Guest understands that the competent authorities may not allow departing if the wind speed is or going to be in a short while 6 or more according to Beaufort Scale or if all departures are banned by the competent authorities for any reason. Guest also understands that departure can be delayed or banned, if any essential equipment of the yacht lacks or not properly functions, if there is not enough fuel in the tank or if the captain and crew hired by the guest is not/are doubted to be competent for sailing. Art. 4 will be applied for the cases related to the yacht and its equipments. All other reasons shall be covered by the guest. 11-Use of Sails and Restrictions Guest undertakes using the sails according to weather conditions and not to risk them in blast cases and optimize the size according to the wind. Furthermore guest accepts not to sail in unknown or in maps or guides not certainly explained seas, not to sail during night without all navigation lights on and a sentinel. 12-Logbook Guest undertakes to record a logbook with information as visited ports, state of yacht and its equipment, change crew, weather conditions, route, engine running times and such actual developments might be important about the voyage. 13-Route of Voyage Guest plans his voyage so that the farthest port can be reached within the 1/3 of the total voyage duration and that yacht will be max. 40 miles far from the arrival port 2 days in advance of arrival. 14-Update of Location and State Guest gives frequent information about their location and about the state of yacht and voyagers. If any damage occurs guest is obliged to inform THEA about it. 15-Instructions Guest already agrees to examine the documents and maps regarding to yachts features, equipments and routes for a safe voyage. Guest is self-liable if he doesn’t do so and with embarkation it’s accepted that the guest received the necessary instructions. 16-Competence of Guest and Crew The documents sent by guest to THEA regarding to his or his crew’s competence for sailing are predicated on the validity of this agreement. In case of any misunderstanding or mistake (incl. expired documents) took root from the guest THEA is entitled to terminate this agreement without any refund. That means such case is a reason for avoiding embarkation or termination for THEA. THEA or its representatives can request the guest and his crew to prove their competence in sailing by a small demo. Is THEA not convinced of the competency, can terminate the agreement or offer a new captain and crew the guest should also agree with. THEA can avoid letting the guest depart until the captain and crew are hired. THEA determines the duration of the captain’s and crew’s service but guest undertakes the payment and costs of these. Captain and crew is by no means an employee of THEA. They are accepted as competent persons by THEA but they work for their own account. 17-Embarkation to Guest Embarkation is completed at the place, on the date and time determined by this agreement. Introductions, briefings and such procedures are included in the rent period. Guest is only allowed to depart after all these procedures and embarkation form is signed. 18-Libaility of Control Guest shall check the whole yacht, its equipments, control possible defects and request fixing such if any exists. By signing the inventory form guest accepts that yacht is admitted perfectly and running. Any damage, loss or breakdown occurs later is not liability of THEA. 19-Damages, Repairs and Costs All costs like water, fuel, oil, port tax and costs are to be paid by the guest after embarkation. For natural and normal wear and tear THEA is responsible but damages occur from misuse or mistakes of guest, should be covered by the guest. Guest is responsible to inform THEA immediately about damages. As first option THEA tries to send its own staff to fix the problem. If it is not possible or it takes too long, THEA suggest another repairer in the closest area. In such case THEA refunds the repair costs against invoice if it is not caused from guest’s way of use. If the damage occurs from the guest’s liability and THEA’s staff fixed the problem THEA deduct the service costs from the deposit paid by the guest and the rest will be refunded. 20-Detection of Damage Guest shall get a report regarding to the accident and damages from the competent authorities and deliver it to THEA if the damage resulted from another yacht. Guest is self-liable if he doesn’t do so. 21-Cancellation and Early Return Cancellation of booking with any reason cause retain of existing payments until cancellation. THEA refunds the money under below mentioned conditions; • 90 days before departure 15% • Between 45-90 days 40% • Between 30-45 days 50% of the total amount will be charged to the guest • 30 days before departure the total price will be charged to the guest and no refund is to make. If a skipper (captain) is also arranged this price will be also charged. • Not to pay the rest of total amount 30 days before departure means cancellation of booking and guest can’t claim any rights against THEA in such case. After completed payment THEA doesn’t refund any money. Guest can’t request any refund in case of early return from the voyage. Besides these, transferring the rights from this agreement to third parties is forbidden according to article 7. 22-Total Loss of the Yacht This agreement abolishes if the yacht get completely lost (sinking or burning and such) before or while the voyage. If it happens so before departure or without any negligence of guest incl. slight negligence THEA refunds the total amount of this agreement. 23- Breach of Agreement and Termination THEA can terminate this agreement under conditions of provided articles and if any other breach occurs or even under fair causes that termination would be justified. Any breach of agreement and especially relevant with return of yacht as is allows THEA to claim any damages after termination or while effect of agreement. THEA can claim an additional penal clause of 25.000,- EUR in case of gross negligence or willful tort of guest or other voyagers. 24-Dispute Resolutions Parties are allowed to resolve the disputes arising from this agreement by mediators. If the dispute doesn’t come to a result within 15 days Courts and Enforcement Offices of Ayvalik shall be competent and Turkish law shall be applied to the case. In such case parties agree that the Turkish version of this agreement will be predicted on. This agreement exists of 24 articles and is signed by the parties after reading carefully. Each party receives a copy of the agreement. This agreement is not binding for THEA if it isn’t signed with the firm stamp.