SERVICE CONTRACT

PARTIES AND SUBJECT:

This contract has been made between Poseidon Grup Turizm Yatçılık Ticaret Ltd. Şti., the owner of the organization brand of Poseidon Group Company named Sailors in Yellow Shorts (hereinafter referred to as service provider), and the guest …………………………… (hereinafter referred to as “customer”) with the purpose of determining the terms of service including the conditions specified hereunder.

The booking and sales to be made through the physical communication addresses and digital communication addresses of the service provider shall be finalized through the prepayment to be made by the customer. It is a prerequisite for the formation of the relevant booking that this contract has been read and approved by the customer, along with the prepayment, and the booking will not be finalized until the acceptance of the terms set forth hereunder is approved by the customer in writing or in other communication media.

This contract has been signed after being read, understood, and accepted by the parties following their negotiation and by obtaining the verbal approval of the customer on all of the mentioned issues.

1.  NATURE OF THE SERVICE

1. Pursuant to this contract made between the service provider and the customer, the information regarding the service provider, the duration of the organization, stopping points, travel route, modes of transportation, food and beverage service, and other information regarding the services and training included in the organization will be specified in detail hereunder. The service provider accepts, declares, and undertakes to provide the services it undertakes with regard to these issues. The customer, on the other hand, accepts, declares, and undertakes to fulfil the obligations specified hereunder.

1. Upon signature of this contract, the customer accepts all the price conditions, special conditions, and the organization program including the commitments by mutual negotiation and verbal approval.

• BOOKING CONDITIONS AND PROCEDURE

• The booking to be made by the customer over the physical and digital communication addresses of the service provider mentioned in the contract, which is prepared by the service provider, shall be finalized upon the prepayment to be made by the customer through acceptance of the general booking terms and conditions.
  • The duties and obligations of the parties shall be reserved under this contract, and these terms and conditions shall form the basis of the contract between the customer and Poseidon Grup Turizm Yatçılık Ticaret Ltd. Şti.

• The right of the service provider,  Poseidon Grup Turizm Yatçılık Ticaret Ltd. Şti., to amend the said terms and conditions shall be reserved in cases where such an amendment is required as a result of the relevant legal regulations and force majeure. Such amendments shall become effective upon the announcement and update to be made on the Sailors in Yellow Shorts website (https://sailorsinyellowshorts.com) and it shall not be necessary to inform the customer in this regard.  

• In addition to the use of the digital communication channel website of Sailors in Yellow Shorts for booking, the customer agrees and undertakes to be the main point of contact between Sailors in Yellow Shorts and its guest group. In this context, it is obligatory to make a booking via the Instagram address specified by Sailors in Yellow Shorts as the digital communication channel and the e-mail addresses specified on the website, and requests from the customer shall not be accepted by the service provider company, except for these addresses and accounts.

• The customer accepts and undertakes the following booking terms and conditions specified by the service company to be mandatory upon the booking request:

• The service provider shall contact the customer regarding the total amount within the scope of the contract, the date and payment schedule of the prepayment, and other necessary terms and conditions, based on the customer’s booking request. The booking request made by the customer is applied within 3 business days at the latest, depending on the terms and conditions set forth hereunder.

• In case of unavailability of the boat selected by the customer due to various reasons, the service provider reserves the right to cancel the booking made by the customer within 5 working days from the completion of the booking and to make changes in the organization date and the boat on which the customer will travel, with the acceptance and approval of the customer, following the negotiation with the customer.

• In the event that the booking made within the scope of the organization of the service provider, Sailors in Yellow Shorts, is cancelled as specified in Article 2.5.2 hereof, the service provider shall have no obligation to refund the transportation costs (airline transportation costs) for the customer and/or customer group, who made the booking, within 5 working days following the date the booking was made. Therefore, it is highly recommended that the customer and/or customer group make the necessary transportation arrangements following the end of 5 working days after the date of booking. 

• In case the customer acts on behalf of more than one person (customer group), the customer in question shall be the person responsible for the entire booking. In this case, the customer will be considered a representative customer responsible for the entire booking, and s/he accepts and undertakes that s/he has the authority to act on behalf of the group by making the booking and that every person for whom s/he makes the booking on behalf has read all the relevant conditions. This is a mandatory condition of the acceptance by the service provider for the booking made for the organization of Sailors in Yellow Shorts.

• The customer may not make more than one booking for the event week without the express written consent of the service provider. This condition is not applicable to guests attending an event week as part of the organization.

• All guests must be at least 18 years of age, including the customer or the representative customer.

• The service provider does not accept responsibility for any expenses incurred during your confirmation for Sailors in Yellow Shorts organization (including e-mail), which are not caused by the service provider and may occur within 5 working days from the date of this confirmation e-mail. The service provider reserves the right to correct and notify the corrections made in case of noticing errors that have occurred.

• PROVISIONS REGARDING CANCELLATION AND CHANGES

• Cancellation or Change by the Service Provider (Poseidon Grup Turizm Yatçılık Ticaret Ltd. Şti.)

• The itinerary content of the service provider has been determined in advance, and the right of the service provider to make certain amendments (e.g. change of captain, changes in travel route due to weather conditions, change of bay to stop and/or stay, etc.) to the booking is reserved. Such changes may take place close to the date of booking. However, the service provider accepts and undertakes that in case major changes are required in the travel plan, it will inform the customer as soon as possible. In these and similar cases, the customer is entitled to use one of the following optional rights:

To choose to accept the changes,To make a completely new booking,Payment refund.

 

• The customer is obliged to notify the service provider of the optional right used within 3 days following the notification about the changes made in the travel plan. In the event that the customer does not provide notification, the service provider accepts and undertakes that the optional right specified in ‘3.1.1.1’ is chosen.

• The yacht selected by the customer at the time of booking may not be available. Yacht changes shall not be considered major changes made by the service provider. In the event of such a change, the service provider will inform you as soon as possible. The service provider reserves the right to cancel your booking or offer you a new yacht as stated in Articles 2.5.2 and/or 3. In case of a new yacht offer:

• For the avoidance of doubt, in the event that the service provider offers a yacht with the same capacity as the yacht you selected in the booking, but with a higher price, no extra fee will be charged to you.

• In the event that the customer makes an upgrade on the booking, the service provider reserves the right to restore the customer’s booking to the quality that was initially opted for in the booking, in case the upgrade offer is not available. In this case, the service provider guarantees that you will be provided with a yacht of the quality originally opted for by you.

• The service provider reserves the right to cancel your booking under the following conditions. In the event of extraordinary cases where cancellation is mandatory, the customer shall be refunded. This means that a situation has occurred beyond the control of the service provider. Such cases may be force majeure situations including but not limited to dangerous weather conditions, fire, natural disaster, industrial protests, war, riots, and epidemics. The customer shall be entitled to a refund of the money paid in the event of the above-mentioned cases, however, no additional compensation will be paid to the customer. In case of cancellation due to force majeure, the service provider shall accept another booking with the same conditions instead of the cancelled booking, depending on the availability of the customer. In the event that the offer made by the service provider is of a sub-quality option to the customer’s original booking and the customer accepts this offer, the customer shall become entitled to receive a refund for the price difference between the original booking and the new offer.

• Cancellation by the Customer

• In case the customer decides to cancel the booking;

• The customer must notify the service provider of this cancellation as soon as possible in writing via the specified e-mail. The service provider will not cancel the booking until it receives the cancellation notice in writing. In case such a written notice is sent by e-mail, it must be separately confirmed by the customer via phone during business hours (09.00-17.00) (excluding public holidays) in order to validate that the e-mail has been sent.
  • The customer accepts in the event that a booking is made on behalf of the customer by a representative customer, the amount paid will not be refunded by the service provider in the case of a cancellation by the customer, even though the booking is paid provided that less than 1 month remains for the booking to be cancelled.

• Change by the Customer

• In case the customer or the representative wishes to change any aspect of the booking, they must notify the service provider as soon as possible. Additional costs to be incurred in meeting the requested changes shall be borne by the customer. For the avoidance of any doubt;

• Captains may not be removed under any circumstances and are mandatory,
  • If a package is requested to be changed after the payment in full is made, the customer will not be refunded by the service provider,
  • The cost arising from the changes that may occur in the flight tickets may not be refunded by the service provider under any circumstances.

• It should be taken into account that the service provider may not be able to meet every change requested by the customer. All changes are subject to availability and shall be made at the discretion of the service provider.

• In case the customer requests a change in cabin type, destination or booking date, the changes will be made at the sole discretion of the service provider. The person may incur additional charges for availability and/or disruption to pending booking offers.

• The customer who made the booking or the representative customer must notify in writing of any changes requested to be made regarding boat characteristics and date changes.

• Representative customers who made a booking may be subject to an additional fee (may vary according to availability) according to the cost incurred by the service provider within the scope of the organization, in case of a request to add a new guest close to the event date.

• In the event that the customer who made the booking or one of the customers on whose behalf the booking was made no longer wishes to be included in the organization or does not want to take advantage of the booked services, the service provider may accept the substitute customer depending on the availability in the organization. The customer change request during the booking must be notified to the service provider in writing at least 7 days before. However, this condition is subject to various obligations for the customer and/or substitute customer who decides to accept the contract in writing by the service provider and to pay the unpaid amounts in full. 

• During change requests, substitute customers must confirm that they have read and accepted these terms and conditions before making a booking. 

• CABIN bookingS

• During a cabin booking, the customer accepts that the service provider’s organization assumes full responsibility for their matching with other cabin bookings. The service provider cannot guarantee and undertake to find a cabin that is suitable for you in the course of the organization. In such a case, the service provider reserves the right not to accept boat or group change requests.

• Upon the arrival of the customer to the main marina, s/he is obliged to present the identity document. The organization follows a strict age policy. Therefore, the service provider reserves the right to reject the customer or any customer on behalf of whom a booking was made, n case it finds that the customer violates the age policy. In such cases, the fee paid will not be refunded and the service provider does not accept any responsibility for any additional costs incurred due to non-attendance. The service provider does not accept any responsibility in case of any mistakes in the information declared by the customer during the booking to the organization.

• PRICING

• The service provider reserves the right to change the price of the booking before the booking is confirmed. In the event of a possible case, no action will be taken without notifying the customer. The service provider reserves the right to correct pricing errors following customer approval. In the event of a possible charging error, the service provider is obliged to offer the customer the option of a reimbursement according to the amount subject to error.

• Meal costs are included in the price. Meals requested by the customers other than the specified meals are their own responsibility. 

• Following confirmation of your booking, the service provider can only change your holiday rate in the event of the following situations:

• Changes in costs such as accommodation, marina, mooring fees, tourism taxes or changes in taxes or pricing applied by third parties, including embarkation or disembarkation fees at ports, and third rates, shall fully be borne by the service provider.
  • In travel arrangements, any increase equivalent to or below 2% of the price shall not be charged to the customer. For amounts above the specified amount, additional payment shall be taken from the customer. 

•  PAYMENT OBLIGATIONS

• The amount specified in the approval invoice shall be paid by the customer. The default invoice price is in “Euros“, and in case the customer wishes to make a payment in another currency, it can also be received in TRY through the calculation of the exchange rate on the payment date.

• Following the confirmation of the booking, the customer will pay the prepayment fee, which is 50% of the fee amount notified to him/her by the service provider, to the IBAN number: Tr 39 0006 7010 0000 0041 62 17 08 for EURO and to the IBAN number: TR 61 0006 7010 0000 0041 6256 77 for TURKISH LIRA, both of which are belonging to Poseidon Grup Turizm Yatçılık Ticaret Ltd. Şti., by transfer or by credit card using the ‘Mail Order’ form. The initial payment by the customer must be made immediately after booking or within 24 hours following the booking, and in case of non-payment, the booking will be automatically cancelled. The remaining amount must be paid 3 weeks before the tour starts at the latest following the booking confirmation.

• BOAT FEATURES

• The customer will be able to find boat specifications, measurements, inventories, charter company information and other yacht-related information on the website. However, the service provider does not guarantee that the boat will meet the details described on the web page. Nonetheless, the service provider pays attention to the issue of misrepresentation. For this reason, when an image on the website is thought to be misleading, the service provider must be informed as soon as possible in order to correct the situation.

• Images of boats are only to give a general idea of the type of yacht chartered and are based on official images provided by the manufacturers. Sometimes there may be differences between the yacht shown in an image on the website and the boat provided by the charter company. The service provider does not accept any responsibility in this regard.

• ITINERARY PROVISIONS

• The itinerary offered to the customer may be affected by weather conditions. The service provider tries its best to ensure that the itinerary is followed as closely as possible and it may not be held responsible for deviations in the itinerary due to circumstances beyond its control.

• The customer’s itinerary will be confirmed 4 weeks prior to the departure date, which may change at any time. For this reason, the service provider does not accept responsibility for any additional activities attended by the customer and/or bookings at their own expense.

• TRANSFERS

• The service provider undertakes that if the customer lands at Muğla / Dalaman airport from the country and city where the customer is located, he / she will be met by private vehicles for a fee.For this reason, the service provider will not accept responsibility for cancelled, delayed or rescheduled flights purchased through a third party which affects the booked flight ticket. The service provider may not be held responsible for indirect and/or direct flight delays.

• It is the responsibility of the customer who made the booking and/or the customers they represent to inform the service provider in case of any ticket change/cancellation.

1.  PASSPORT AND VISA

1. It is the customer’s responsibility to have valid travel documents. Prior to departure, the customer must ensure that s/he has a valid passport and the necessary visa/ID to enter any country visited, including transit stops.

1. The service provider will not help you obtain a passport, visa or other documents in order for you to benefit from the booking made.

1.   TRAVEL INSURANCE

The service provider makes mini travel insurance for EUR 250 during the travel (5 days). Insurance does not cover the loss of possessions and personal property such as cancellation, personal belongings, phone wallets, and valuable ornaments.

1.  CONDUCT AND LIABILITY PROVISIONS FOR CUSTOMER

1. According to the reasonable opinion of the service provider or the provider of any part of the services to which the booking is concerned, the customer’s behaviour while on vacation posing a danger to himself/herself or his/her environment, causing discomfort, disrupting or endangering the functioning of the organization, and failure to comply with the captain’s orders and instructions are considered bases for the rightful termination of the contract for Sailors in Yellow Shorts organization of the service provider, and the service provider has the right to cancel the contract immediately without any refund before or during the organization in case of such issues. In addition to the rights arising from this contract and all legislation related to the Turkish Code of Obligations, the service provider also has the following rights: 

1. The captain may refuse to continue working;
   1. The customer may be required to leave a boat they have booked at any time during their course of booking (from this point on, the customer will be solely responsible for making their own travel arrangements).
   1. The service provider reserves the right to exclude you from future Sailors in Yellow Shorts organizations at its absolute discretion.

1. The nature of certain events that the customer may choose to participate in during their holiday may involve a certain degree of personal risk. Upon completion of the booking, the customer accepts and undertakes that s/he is responsible for his/her own actions. By accepting these obligations and conditions, the customer assumes full responsibility for any damage, loss or expense incurred by him/her or any person named in the booking.

1. The service provider acknowledges that guests may want to drink alcohol during the Sailors in Yellow Shorts event. However, it does not accept responsibility for any injury, loss or damage suffered due to the fact that the customer’s decision mechanism is wholly or partially impaired by alcohol or any other substance.

1. The Sailors in Yellow Shorts organization belonging to the service provider shows no tolerance for drug use. In case you possess illegal items, the service provider has the right to cancel your booking without a refund. Such an occasion will require you to leave the boat during the event. The service provider reserves the right to inform the relevant law enforcement officers during the organization when it deems appropriate.

1. The customer accepts that the captain assigned to his/her boat is responsible for the boat. The captain will decide on behalf of the boat based on safety, general consensus and local knowledge/experience of terms and conditions. The service provider may not be held responsible for the changes made by the captain with regard to the customer and safety requirements.

1. The responsibility for the personal belongings or properties of the customer solely and fully belongs to the customer himself/herself. If the customer loses any part of his/her personal belongings, the service provider will assist in finding the lost property but will accept no responsibility in this regard. For questions about lost items, the customer can inform info@sailorsinyellowshorts.com via e-mail.

1. If the customer has a health problem, s/he is obliged to notify the service provider in writing during the booking. However, the customer is obliged to take all necessary precautions and measures regarding the health problem himself/herself. For this reason, the service provider will not accept responsibility for damages that may occur in this regard.

1. The customer is prohibited from bringing firearms, explosives, and cutting and piercing tools to the organization. Otherwise, the service provider shall be entitled to terminate the contract immediately, and in case of termination, it has all the rights arising from the relevant legislation and this contract, in particular.

1. The customer accepts and undertakes that s/he is responsible for all kinds of damage and loss caused to the boat, boat equipment, and third parties at the port of stay due to his/her own actions, and that s/he is obliged to indemnify the damage in such cases.

1. The customer accepts and undertakes that s/he is obliged to comply with the hygiene rules, to comply with the procedures such as bag and body search through the detector, to inform the personnel immediately in case of a change in health status, and to comply with the precautions and measures to be taken by the personnel.

1. OBLIGATIONS FOR PHOTO-TAKING AND SHARING

1. Sailors in Yellow Shorts organization may take photos and videos for advertising and promotional purposes during the holiday. By signing the contract with the service provider, the customer agrees when making a booking that such footage and images may be used by the Sailors in Yellow Shorts organization, images may be modified, combined or otherwise edited. In addition, the customer agrees that the Sailors in Yellow Shorts organization will reserve all rights in connection with these photographs. Under such conditions, the customer expressly accepts and declares that s/he gives consent to the sharing of his/her personal data with third parties in line with the Law on the Protection of Personal Data.

1. The service provider reserves the right to transfer and grant the rights (including property rights) described in Article “13.4” to a third party. This includes, but is not limited to, employees, independent contractors, and other organizations authorized to create content for personal and commercial use.

1. In case the customer does not wish to take part in any photo or video, s/he should send an e-mail to info@sailorsinyellowshorts.com before the beginning of the organization stating his/her request in this regard. This e-mail should clearly include the name and contact information of the customer who does not wish to be involved in the photo and/or video recording.

1. By signing a contract and making a booking, the customer accepts and undertakes that the photos and videos s/he takes during the organization will be used for personal purposes only. Under these conditions, the customer agrees not to use any collected content for commercial purposes, unless a written agreement is established with the service provider in this regard.

1.  OTHER ISSUES AND CUSTOMERS SUBJECT TO SPECIAL TERMS

1. The service provider accepts the responsibility that the services provided and performed within the Sailors in Yellow Short organization are of a standard reasonably expected by a person experienced in providing and performing such services.

1. The service provider will pay attention that businesses and suppliers provide the services that make up the organization. In the event that the customer lives in a different country, the customer acknowledges that the safety standards or any component of the package holiday booking may differ from those in their country and that certain things may be different compared to the way they are in their homes (e.g. air conditioning, cooling, Wi-Fi and sinks).

1. In case the customer needs refrigeration or air-conditioning services for medical problems, s/he must inform the service provider in this regard at the time of booking. If the service provider is informed about such issues, it shall make reasonable efforts to meet the customer’s needs but does not guarantee that these needs will be met. For this reason, the service provider does not accept responsibility for any damage to occur if the needs are not met.

1. The service provider accepts and undertakes to act within the scope of the duty of care by the Sailors in Yellow Shorts team, provided that people with limited mobility, pregnant women and/or people who need special medical assistance are informed before the organization starts. The service provider must be notified of specific needs and requirements for it to make arrangements suitable for personal needs. In case the service provider is not informed about the special needs/conditions, it may not be held responsible for these issues and may not be held responsible for the compensation of the damages that may occur.

1. The service provider will not be responsible for the price of flights missed by the customer.

1. The service provider is responsible for organizing the activities specified in the safari tour & scuba diving tour package included in the package. In case the client suffers illness/injury resulting from an activity that does not form part of such contract package arrangements, the service provider may not be held responsible for providing the activity and/or anything that may occur in the meantime.

1. Except for the terms and conditions specified hereunder, the service provider accepts no legal liability for any loss or damage that the customer is directly or indirectly exposed to in any aspect within the scope of the package purchased.

1. The trips or other activities planned by the customer during the organization, for which the customer makes extra payment or not, are excluded from the package provided by the service provider, and the service provider may not be held responsible for any disruption that occurs during the provision of the trip or activity or the provision by the business.

1.  NOTICES AND COMPLAINTS

The service provider maintains the highest standards in the selection of solution partners. In case the customer is dissatisfied with the performance of any element of the booking, s/he should notify the Sailors in Yellow Shorts staff or supplier at the earliest possible opportunity, giving the service provider a reasonable time to resolve the issue. As such, many complaints can be resolved on-site or referred to a more senior staff member. 

1.  PROTECTION OF PERSONAL DATA

1. The service provider will use the customer’s personal data for management, statistical analysis, evaluation and analysis, marketing, customer service, customer profiling, analysis of purchasing preferences and improving such services. It may provide customer information to its service providers and representatives for such purposes. The customer reserves the right to request a copy of the personal data held by the service provider.

1. The service provider maintains a privacy policy that can always be viewed on the website of the Sailors in Yellow Shorts organization. The customer accepts these privacy terms by making a booking with the Sailors in Yellow Shorts organization of the service provider under the conditions specified.

1. RESALE

Poseidon Grup Turizm Yatçılık Ticaret Ltd. Şti. does not allow the resale of its products without written consent. However, Poseidon Grup Turizm Yatçılık Ticaret Ltd. Şti. works with a specific manager/curator who promotes its products in various locations. (If you think that your booking may have violated these terms and conditions, please contact Poseidon Grup Turizm Yatçılık Ticaret Ltd. Şti.)

1. MISCELLANEOUS PROVISIONS

In the event that any provision under these booking conditions is found by any court of competent jurisdiction to be unlawful, invalid or unenforceable, such provision or partial provision shall be severed from these booking conditions and the remaining part. The remaining booking conditions will maintain their validity as if the faulty provision was never accepted.

Under these booking conditions, the customer may not transfer his/her rights or obligations without the prior written consent of the service provider.

1. DISPUTES AND JURISDICTION

The provisions hereunder shall be subject to Turkish Law. In the event of any dispute that may arise from this sales contract, the records of the service provider (Poseidon Grup Turizm Yatçılık Ticaret Ltd. Şti.) shall be considered as conclusive evidence in line with the relevant articles of the Code of Civil Procedure (HMK).
BURSA Courts and Enforcement Offices are authorized in all disputes to arise from this sales contract or annexes thereof. 
For the issues not written hereunder, the Convention Provisions 1618 SY, 4077 SY, 2634 SY, IATA, IHA, UFTAA, the Civil Aviation Law, BK, TTK, International Contracts to which Türkiye is a party and the statutes, regulations, circulars and communiqués issued in line with these legislative items, and the provisions of the internationally accepted Frankfurter Tabelle, TÜRSAB Kütahya Schedule applied in Türkiye shall be applicable. The parties irrevocably accept and undertake that they have read the provisions of this contract and annexes thereof, item by item, understand their content and undertake to fulfil their provisions exactly.

This contract, consisting of 11 pages and 19 articles, was signed on …../…./ 20….. at …………

SERVICE PROVIDER                                               CUSTOMER Poseidon Grup Turizm Yatçılık Ticaret Ltd. Şti.