DISTANCE SALES CONTRACT
Article 1: Parties
Supplier:
- Title: [Boat Owner Name]
- Address: [Boat Owner Address]
- Tax/ID/Passport No:
- Phone: [Boat Owner Phone Number]
- Email: [Boat Owner Email Address]
Buyer:
- Name/Surname: [Renter Name and Surname]
- Address: [Renter Address]
- Phone: [Renter Phone Number]
- Email: [Renter Email Address]
The contact information above is the official address of the buyer and supplier. All complaints and requests will use the website communication channels or the communication channels listed above.
In case of any communication disruption between the parties, the Buyer and Supplier can convey their requests and complaints to each other through Teknekirala.com.
Address: Türkkuyusu District, Kıbrıs Şehitleri Street, No:23 Bodrum / Muğla / Turkey
Phone: +90 850 242 50 50
Website: www.teknekirala.com
Email: destek@teknekirala.com
Article 2: Subject
The subject of this contract is to determine the rights and obligations of the parties regarding the sale and delivery of boat rental and related services between the Supplier and the Buyer through Teknekirala.com's website, in accordance with the provisions of Law No. 4077 on Consumer Protection and the Regulation on Distance Contracts. The distance sales contract will be established between the parties upon the Buyer's completion of payment (approval of the distance sales contract) and the Supplier's approval of the reservation request (approval of the distance sales contract).
Article 3: Definitions
Service: Boat rental, entertainment, food and beverage services, celebrations, special events, water sports and other maritime services and equipment rental offered by boat owners.
Product: All tools, equipment and materials provided within the scope of the service.
Website: www.teknekirala.com operating website.
Parties: Supplier, Buyer and Intermediary.
Contract: This contract concluded electronically between the Supplier and the Buyer.
Article 4: Service/Payment/Delivery Information Subject to Contract
Type of Service: [Service type will be added here]
Service Specifications: [Service specifications will be added here]
Service Fee: [Total service fee will be added here]
Advance payment (Amount taken from the total rental fee when creating the reservation): [Advance payment amount here]
Remaining payment (The remaining payment that the Buyer is obliged to pay, not taken during reservation): *********
The remaining payment amount does not include mandatory or optional services such as final cleaning, transit log, port taxes, fuel costs, water sports equipment usage unless explicitly stated on the boat's website page that they are included in the price. These services are charged separately if not explicitly stated as included in the price on the boat's website page, and must be covered by the consumer.
Payment Method: [Payment method will be added here]
Delivery Information: [Delivery information will be added here]
Boat embarkation and disembarkation location: *************
Boat check-in date: ************
Boat check-out date: ************
Free cancellation deadline: *************
The Supplier reserves the right to stop the order when the information provided by the Buyer does not match reality. If the Supplier detects a problem with the order and cannot reach the Buyer through the phone, email and postal addresses provided, the order will be frozen for 10 (ten) days. The Buyer is expected to contact the Supplier about this matter during this period. If no response is received from the Buyer within this period, the Supplier will cancel the order to prevent both parties from being harmed.
Article 5: Duration of the Contract
This contract enters into force on the date it is approved electronically by the Buyer and Supplier and ends when the parties fulfill their obligations.
Article 6: Rights and Obligations of the Supplier
6.1. The Supplier undertakes to provide the contracted services and goods.
6.2. The Supplier is responsible for ensuring the accuracy and currency of the information provided when the order is received.
6.3. If the Supplier cannot perform the contracted service on time due to force majeure or extraordinary circumstances that prevent the performance of the service, they are obliged to inform the Buyer. In this case, the Buyer may request cancellation of the order, replacement with a similar service, or postponement of the performance period until the impediment is removed. If the Buyer cancels the order, the amount paid will be refunded within 10 (ten) days.
6.4. The Supplier is responsible for delivering the contracted service to the specified, agreed address and to the person(s) authorized to receive at this address.
6.5. The processing time for orders is not when the order is placed, but when the necessary collection is made from the credit card account or when payment is realized through other payment methods on the site. Payment methods made outside the site without consulting customer service are not accepted.
6.6. The Supplier may request the Buyer to sign their own rental agreement for any necessary reasons or policy requirements. The Buyer is obliged to sign the contract presented by the Supplier. The Distance Sales Contract to be established between the boat owner Supplier and the renting Buyer will be subject to the Terms of Use Agreement and this Distance Sales Contract, and both the Terms of Use Agreement and Distance Sales Contract on the site will be binding for both the boat owner and the Buyer primarily.
6.7. For bareboat rentals, the boat owner has the right to verify whether the Buyer has the legally required documents, licenses and other permits to operate the boat and act as captain before or during delivery of the boat. The boat owner may also, entirely at their own discretion, assess whether the Buyer has the necessary skills and competence to operate the boat and act as captain. The Buyer is personally responsible for the accuracy of their declarations regarding competence and documents. If any inaccuracy is detected or competence is found insufficient by the boat owner, the Buyer is responsible for finding a Captain at their own expense.
Article 7: Rights and Obligations of the Buyer
7.1. The Buyer undertakes to provide all necessary information correctly and completely to use the contracted service.
7.2. The Buyer is obliged to pay the service fee.
7.3. The Buyer is obliged to immediately inform the Supplier if the service is defective.
7.4. The Buyer accepts and undertakes to comply with all rules regarding the use of the service.
7.5. The Buyer acknowledges that they have accessed all necessary information through the Teknekirala.com website, customer service and communication with the Supplier regarding the Supplier's identity information, title, address, phone number and other contact details, basic features of the service offered for sale, sales price including taxes, payment methods, delivery terms and possible costs, and also acknowledges being informed about how to use the "withdrawal" right and its details, official authorities for complaints and appeals, and declares that they have confirmed this information electronically.
7.6. The Buyer declares that they have read and are informed about the terms of use agreement at http://www.teknekirala.com and have provided the necessary confirmation electronically.
7.7. Rights acquired under this contract cannot be transferred to third parties without prior written permission from the parties. If the service is to be taken over by another person, this must be clearly stated at the time of purchase. If the person taking over withdraws from the service or fails to fulfill obligations arising from the contract, the buyer cannot claim any rights, refunds or compensation. The buyer accepts that all responsibilities arising from the contract belong entirely to them in such situations.
Article 8: Order/Payment Procedure
Order: After the VAT-inclusive TRY amount of services added to the shopping cart (total installment amounts for installment transactions) is approved by the Buyer, it is processed through the relevant bank card POS. Any disruption in the process or problems that may arise with the credit card are notified to the Buyer through one or more of the phone/email channels specified in membership and contract. If necessary, the Buyer may be asked to contact their bank. The processing time for orders is not when the order is placed, but when the necessary collection is made from the credit card account or when the transfer (EFT) reaches the specified accounts.
In any situation where the advance payment is not or cannot be made due to buyer-related reasons or system and bank-related issues independent of the buyer, the Supplier and Teknekirala.com have the right to cancel the reservation request at any time.
Payment: The Buyer can make payment through www.teknekirala.com website with credit card (Visa, MasterCard, etc.) or other payment methods permitted by the system. Out-of-system payments are not accepted if made without consulting customer service. From the moment the Buyer sends the reservation request, they confirm and accept that they undertake to pay the Total Rental fee including the fees for mandatory and optional extra services.
Advance payments received may not be refunded due to reasons explained in detail under Article 9.
Advance payments received are taken on behalf of the Supplier boat owner as deposit. By approving the terms of use and entering an listing, the Supplier accepts to authorize teknekirala.com and persons appointed by teknekirala to act on their behalf and collect payments on their behalf for services offered by teknekirala.com. All transactions performed by these persons and teknekirala will be considered as performed on behalf of the supplier.
For reservations where the option to create a reservation with 20% - 50% payment is available, the buyer will make the remaining payment on the boat with the payment method preferred by the boat owner and renter.
In cases where it becomes impossible to fulfill the obligation of the contracted service, the Buyer is informed of this situation and the total amount paid is refunded within ten days at the latest and the contract is cancelled. In such a situation, the Buyer will not have any additional material or moral damage claims from the Supplier.
Article 9: Service Return and Right of Withdrawal Procedure
Article 9.a. Free Return:
Right to free return: The Buyer has the right to free return within three (3) days after purchasing the service, except in cases where there is less than 10 days between the rental date and the advance payment date. For return procedures to be carried out, the Buyer must fill in the return sections at the bottom of the invoice completely and accurately, sign it and send it to the Supplier or Teknekirala.com account. The withdrawal period starts from the day the Buyer makes the payment. For reservations with less than 10 days to the rental date, the Buyer has no right of return.
If the buyer does not take any cancellation action until the free return period expires, the Buyer's right to free return ends irreversibly. The service fee collected by Teknekirala.com for its intermediary activity is not refundable.
There is no right of withdrawal for services prepared according to the Buyer's requests and/or clearly their personal needs. If the Buyer exercises the right of withdrawal, the Supplier will refund the total amount received and any documents that put the Buyer in debt within ten (10) days from the date the invoice containing the withdrawal notice reaches them, without imposing any costs on the Buyer.
Decrease in the value of the purchased service or the existence of a reason that makes return impossible prevents the exercise of the right of withdrawal. The general return period for each service purchased by mistake is also three (3) days.
Return Procedure: If the purchase was made with a credit card in installments, the credit card return procedure will be applied as follows: If the Buyer requested to purchase the service in installments, the Bank makes the refund to the Buyer in installments. After the Supplier pays the entire service fee to the bank at once, when installment purchases made through Bank POS are returned to the Buyer's credit card, to prevent the parties involved from being harmed, the requested refund amounts are transferred to the holder's accounts by the Bank again in installments. The installment amounts paid by the Buyer until the sales cancellation, if the return date and card statement dates do not coincide, will reflect 1 (one) refund to the card each month and the Buyer will continue to pay the installments paid before the return until the installments of the sale are completed.
The Buyer acknowledges and declares under the provisions of this contract that they have been informed clearly, understandably and appropriately for the internet environment about the Supplier's access information, basic qualities of the service subject to sale, sales price including taxes, payment method, delivery conditions and costs, how to use the "withdrawal" right and how to exercise this right, official authorities where they can submit complaints and objections, that they have confirmed this preliminary information electronically and then ordered the service.
Article 9.b. Right of Withdrawal:
Under the provisions of the Distance Contracts Regulation, this distance sales contract is evaluated in the category of leisure time evaluation for entertainment or rest purposes to be performed on a specific date or period, therefore the Buyer legally has no right of withdrawal. If the Buyer approves this distance sales contract for boat rental on a specific date for entertainment, rest purposes or for leisure time evaluation by purchasing an entertainment service, the Buyer will have no right of withdrawal from this distance sales contract.
Article 10: Contract Provisions
This Distance Sales Contract cannot be modified. The Buyer does not have the right to make any changes to the conditions after the contract is established and the reservation is made. When the Buyer wants to make changes, they will cancel their reservation and make a new reservation.
If the Payment must be collected through the Site by the statute of limitations date and the Remaining Payment is not paid on time, the boat owner may cancel the reservation; in this case, any payment made by the Buyer for the reservation (Advance Payment and any other payments) will not be refunded to the Buyer and the Buyer will have no right to claim from teknekirala or the boat owner "including but not limited to the rights stated in the Terms of Use Agreement, Preliminary Information Form and this Distance Sales Contract".
The Buyer undertakes to pay the total rental fee upon creation of the reservation. If the Buyer does not take delivery of the boat at check-in time or does not submit the cancellation request through the teknekirala.com system within the cancellation period and does not perform the rental, resulting in the boat owner closing their reservation and all damages related to the rental such as provisions shopping, employee costs, vessel costs etc. made for the rental operation, the Buyer is responsible for all damages and the total rental fee, and no payment made by the Buyer will be refunded.
Since the Intermediary only mediates the contract between the Supplier and the Buyer, it is not responsible for non-performance or inappropriate or incomplete performance by the parties within the framework of the Distance Sales Contract, accidents, material and moral damages resulting from accidents, products not being insured, and the consequences of such situations.
By approving this distance sales contract, the Buyer accepts and declares that they have read and understood the user terms agreement, cancellation policies on the teknekirala.com website, and have read the preliminary information about payment management and contracted services and have sufficient information.
Within the scope of this Distance Sales Contract, all correspondence and communication between the parties to the contract, namely the supplier and buyer or the intermediary service provider teknekirala.com and the Buyer, Supplier, will be accepted as evidence. The parties also accept and declare in advance that computer records, website database records, emails, correspondence through messaging applications and all other electronic data kept in digital media have the quality of conclusive evidence in accordance with the relevant provisions of the Civil Procedure Law.
Article 11: Privacy
10.1. Information specified by the Buyer within the scope of this contract will not be disclosed to third parties by the Supplier.
10.2. The Supplier may use the Buyer's email address, address and phone information only for standard product delivery and information procedures.
10.3. Information belonging to the Buyer may only be disclosed to authorized authorities if such a request is received from authorized authorities and in accordance with mandatory legislative provisions in force.
10.4. Credit card information is never stored. Credit card transactions are performed online between the Buyer and the bank, Paytr payment system by the Intermediary without being transferred to third parties.
Article 12: Resolution of Disputes
11.1. In disputes that may arise from this contract, Consumer Arbitration Committees in the place where the Buyer purchased the goods or services and where they reside are authorized up to the value announced annually by the Ministry of Industry and Trade.
11.2. In case of disputes above this value, Turkish Courts and Enforcement Offices are authorized.
Article 13: Entry into Force
This contract enters into force when the Buyer completes the payment (approves the distance sales contract) and the Supplier approves the reservation request (approves the distance sales contract). Following these transactions, a binding distance sales contract will be established between the parties. The buyer accepts and approves this situation.
Article 14: Information
The Buyer accepts and declares that they have read all conditions of this contract, are informed, and have provided the necessary confirmation electronically.
