YACHT CHARTER CONTRACT

1.  PARTIES OF THE CONTRACT

LESSOR (”MOLA”): MOLA YELKENCİLİK YAT İŞLETMECİLİĞİ TUR. SAN. VE TİC. LTD. ŞTİ.

Address: Adalet Mah. Manas. Blv. Folkart Towers No:47 B İçkapı no: 2804 Bayraklı / İZMİR

Tax ID: Karşıyaka VD 6222311867

CHARTERER                                                           Nationality:

Identity/Passport Number:

Address:

Telephone:                                                            e-mail:

Agency:                                                                 Tax ID:

Address:

1. RENTED YACHT

Name of Yacht:                                                      Registration Port:

Model:                                                                  Capacity:

1. TIMES and PORTS OF DELIVERY, RETURN, REDELIVERY

Delivery Time:                                                       Port of Delivery:

Time for Return and Redelivery:                             Port of Redelivery:

1. CHARTER FEE:
2. CHARTER GUARANTEE:
3. SPECIAL CONDITIONS:
4. SUBJECT MATTER OF THE CONTRACT: It is about the chartering of the Yacht, which is processed by MOLA and whose specifications are stated above, by the Charterer and determining the basic principles regarding this.
5. CHARTER PERIOD:  The Charter Period commences at the Delivery Time, which is the time when the Yacht will be delivered to the Charterer at the Delivery Port, and ends without any notice, notification or other ceremony when the Yacht is brought and returned by the Charterer to the Redelivery Port at the Return Time. Extension of the Charter Period is subject to the written approval of MOLA.
6. 24 (twenty-four) hours before the end of the Charter Period, the Charterer shall be at most 20 nautical miles away from the Redelivery Port with the Yacht.
7. In case of delay in the return of the yacht to MOLA; The Charterer, declares, accepts and undertakes in advance that:

1. default shall occur automatically, without the need for warning or notice or any other procedure
2. will continue to pay the daily charter fee specified in Article 4 of this contract for each day that will pass from the date of default,

• in addition to the charter fee, a penalty clause amounting to twice the daily charter fee for each calendar day of delay in return (as a penalty clause attached to performance within the meaning of Article 179/2 of the Turkish Code of Obligations) and in addition to these, any direct, indirect and consequential damages that MOLA may incur due to delay shall pay within 3 (three) days following the first request,

1. that the penalty clause waives the claim of extortion in advance,
2. MOLA may collect the aforementioned damages from the guarantee provided without the need for further notice, with a unilateral decision.

1.  If the Charterer fails to bring the Yacht to the Redelivery Port at the Return Time, the Charterer shall bear all costs necessary for the return of the Yacht. In this case, in case of damage, the provisions on damage shall apply. In such cases, the Charterer is obliged to have enough qualified and licensed participants on board to take care of the yacht until MOLA takes delivery of the Yacht. The Charterer is responsible for the Yacht during this period.
2. PAYMENT: In exchange for the chartering of the Yacht to the Charterer in accordance with the provisions of this Contract, the Charterer agrees and undertakes to pay MOLA the price specified in Article 4. At least 50% of this price (down payment) shall be paid within 3 (three) days following the contract date. The remainder shall be paid in cash or by credit card 30 (thirty) days before the charter day.
3. CANCELLATION OF CONTRACT: If the Charterer wishes to cancel this contract for whatever reason, he/she must make the cancellation notification in writing. If the Charterer cancels this contract, the pricing will be as follows:

• For cancellations up to 31 (thirty-one) days prior to the charter date, 50% of the down payment will be recorded as a penalty clause and the remaining 50% (i.e. 25% of the total charter price) will be refunded.
• For cancellations between 30 (thirty) and 16 days prior to the charter date, the entire down payment (i.e. 50% of the total charter price) will be recorded as income as a penalty clause and the remaining amount will be refunded.
• For cancellations which are made 15 (fifteen) days or less before the charter date, the entire amount collected will be recorded as income as a penalty clause and no refund will be made.

Kiracı bu koşulları peşinen, gayrikabili rücu, kabul, beyan ve taahhüt eder. The Charterer accepts, declares and undertakes these conditions in advance, irrevocably.

1. In case of delay in the payments specified in Article 13 above, MOLA has the right to terminate the Contract unilaterally without further notice and to demand the entire charter fee immediately and at once. In this case, MOLA is entitled to charge 5% (five percent) monthly interest for delayed payment and not to return the prepayment.
2. CHARTER GUARANTEE:  The Charterer shall pay to MOLA the Charter Guarantee (deposit) set out in Article 5 in cash or by credit card at the time of Yacht Handover.
3.  In case the Yacht is returned to MOLA full and undamaged at the end of the Charter Period, the Charter Guarantee shall be returned to the Charterer.
4. In case of any loss and/or damage to the Yacht not covered by the insurance specified in the relevant article of this Contract, MOLA shall be entitled to deduct from the Charter Guarantee to the extent of such damage and/or loss. In case the damage and/or loss exceeds the Charter Guarantee, the excess amount shall be compensated separately by the Charterer.
5. If MOLA becomes aware of the damage and/or loss after the return of the Charter Guarantee to the Charterer, the amount of such damage and/or loss shall be immediately compensated by the Charterer upon MOLA’s notice.
6. The Charter Guarantee may be set off against any damage, loss and/or unpaid Charter Fee given to the Yacht during the Charter Period and any and all debts of the Charterer arising or to arise from any cause whatsoever.

DELIVERY TERMS

1.  MOLA is obliged to deliver the Yacht to the Charterer at the Delivery Time, at the Delivery Port, with a full fuel tank, clean and in a condition suitable for cruising (charter).
2. By taking delivery of the Yacht, the Charterer is deemed to have accepted that the Yacht complies with the terms and conditions of the Contract, functions fully, is seaworthy and complies with the inventory list.

YACHT RETURN TERMS

1. At the end of the Charter Period, the Charterer is obliged to return the Yacht to MOLA at the time and place specified in Article 3 of the Contract.
2. The Charterer is obliged to return the Yacht complete, undamaged, in full and in the same condition as received. Any loss and/or damage to the Yacht must be immediately reported to MOLA by the Charterer.  The Charterer shall be liable for any damage and/or loss not reported by the Charterer to MOLA even after the return of the Charter Guarantee.
3. If at the end of the Charter Period, the Yacht’s diesel tank is not full, the Charterer is obliged to pay the diesel fuel cost and 100 EUR (one hundred Euro) filling fee. If any of the yacht’s sewage tanks is not completely empty at the end of the Charter Period, the Charterer is obliged to pay the fee of 100 EUR (one hundred Euro) for emptying the sewage tank.

 INSURANCE

1. “MOLA” warrants that the Yacht is insured for the duration of the Charter Period and includes financial liability insurance.  The insurance terms are an essential part of this Contract.
2.  Private belongings and individuals are not covered by the insurance. In case of an expense arising in relation to the Yacht that is covered by the insurance, the Charter Guarantee will not be returned to the Charterer until the insurance company pays MOLA.
3. The Charterer is responsible for any damage and loss that may occur on the Yacht that is not covered by the insurance. In case of any kind of damage and loss occurring on the Yacht, the Charterer shall fully and immediately compensate MOLA’s damages.  The responsibility of the Charterer is in the nature of danger liability and even if the Charterer proves that he/she is not at fault, he/she is obliged to cover all kinds of damages of MOLA together with the Charter Fee.

OBLIGATIONS OF THE CHARTERER: The Charterer is responsible to MOLA for the following matters;

1. The Charterer is obliged to inform MOLA of the names, addresses and identification numbers of the persons who will be on board the Yacht during the Charter Period, with the «Participant List», within 7 (seven) days at the latest before the start of the Charter Period and after the signing of this Contract. No one other than those specified in the Participant List may board the Yacht. The Charterer is not allowed to leave, deliver or abandon the Yacht to third parties.
2. The Charterer accepts, declares and undertakes that he/she is renting the Yacht for excursion (charter) purposes only. The Charterer is not allowed to use the Yacht for other than vacation purposes, and cannot carry out trade or transportation of persons and goods for money with the Yacht.The yacht may not be used for betting and boat races.
3. Goods and/or commodities subject to customs declaration cannot be carried on the yacht. Animals cannot be brought on board and dangerous cargo cannot be carried on board.
4. It is the responsibility of the Charterer to carry out the entry and exit procedures to and from the Port Authorities, to carry out the entry and exit procedures in accordance with the laws, and to comply with the laws of the countries of stay or transit.
5. The Charterer is obliged to act with full care while using the Yacht and to fulfill the necessary duties towards MOLA.
6. The Charterer is obliged to use the Yacht and the Yacht equipment with a sense of responsibility and in a seafaring manner.
7. The Charterer is obliged to keep the Yacht clean during the Charter Period.
8. Particular care should be taken during night sailings. The Ship’s Journal must be kept diligently and kept on board the Yacht. Regular maintenance operations (engine oil, etc.) and inspections during the Charter Period are the responsibility of the Charterer and must not be neglected.
9.  Towing another vessel may only be carried out in an emergency and when there is no other possibility of rescue.
10. In case of damage to the yacht not exceeding 100 EUR (one hundred EUR), the damage will be repaired immediately. In case of damage exceeding this amount, the relevant provisions of the Contract shall apply. The replaced parts must be kept and MOLA must be immediately notified by the Charterer.
11.  In case of any damage or injury to the yacht or persons, the Charterer shall ensure that an official report is kept on the matter and that such report is certified by the official authorities (port authority, doctor, etc.). It is the Charterer’s duty to prepare an official report and notify MOLA immediately in case of any kind of injury to the persons on board the Yacht or involved in an accident related to the Yacht.
12. The Charterer is obliged to notify MOLA immediately in case of major damages, idling, known delays, losses, loss of maneuverability, seizure, obstruction by the authorities or external intervention. The Charterer is obliged to take all necessary measures to minimize the damage and to prevent the damage from escalating. In cases where towing is unavoidable, the yacht’s own rope must be used in order to reduce the  salvage charge. If the seizure or obstruction of the Yacht is caused by the fault or negligence of the Charterer, the Charterer shall bear all consequences arising therefrom and  shall be liable to MOLA. In this case, MOLA reserves all rights of compensation for the damage in question.
13.  ALLOCATION (EXCURSION) AREA AND PURPOSE: The allocation/excursion area of the Yacht chartered to the Charterer by MOLA in accordance with this Contract is the Turkish territorial waters.  This area may only be left with the written permission of MOLA. The Charterer is obliged to pay to MOLA all expenses, payments and possible damages that may occur in case the Yacht goes out of the allocation area.

 LICENSE

1. By signing this Contract, the Charterer confirms that he/she has the necessary documentation, seamanship and steering knowledge, experience and authority to operate the Yacht on the high seas. If the Charterer does not have the specified qualifications, the Charterer shall provide a Captain who possesses such qualifications. The signature of the Captain shall be included in the Contract.
2. The Captain must have a license, other necessary documents and experience to operate the Yacht. The Captain confirms that he/she has these qualifications. If false information is declared, the declarant shall be held responsible. The Charterer and the Captain – unless they are the same person – are jointly responsible for this Contract.

Captain’s name and address : ____________________________________________

1. “MOLA” may test the experience and knowledge of the Captain within the framework of its own rules. If MOLA finds the Captain insufficient, it may, at its discretion, assign an assistant or another captain. In this case, the Charterer shall be obliged to pay the assigned captain for his services.   Until an assistant or another captain is found,  the Yacht shall be used in a harbor bound manner.

1. If the Charterer is unable to use the Yacht due to his/her own fault or due to a force majeure event, or uses the Yacht in a limited manner, the Charterer is obliged to pay the entire Charter Fee as long as MOLA has the Yacht ready for use.

REASON FOR TERMİNATİON

1. In cases where a yacht or another yacht with the same characteristics cannot be allocated to the Charterer by MOLA, MOLA may terminate the Contract at the earliest 48 (forty-eight) hours before the delivery date to the Charterer. In this case, the fees paid by the Charterer shall be returned to the Charterer. In this case, the Charterer accepts, declares and undertakes that he/she will not claim any other fee and/or compensation other than the Charter Fee he/she has paid. However, if the Charterer does not terminate the Contract, the Charterer may only claim the Charter Fee for the time arising from the late delivery of the Yacht, in which case the Charterer shall only pay for the days he/she uses the Yacht. If the equipment is damaged or lost beforehand and a new one cannot be allocated to the Charterer and this does not cause a problem in the capability of the Yacht, the Charterer cannot terminate the Contract and cannot ask for a discount for this reason.

FORCE MAJEURE

1. For an event to qualify as force majeure under this Contract; i) The external event could not have been prevented or eliminated even though the affected Party exercised due care and attention and took the necessary measures and ii) the circumstances caused by the event make it impossible to fulfill the obligations under the Contract (“Force Majeure”).

Within the framework of these general principles, the events that will be considered Force Majeure are, but not limited to, the following

• Declaration of partial or general mobilization, state of war,
• Acts of terrorism, nuclear, biological and chemical attacks,
• Natural disasters such as fire, flood, earthquake, etc., epidemics,
• Civil war, internal disturbances, general strikes

1. During the continuation of the Force Majeure, neither Party shall be liable to the other for any failure or delay in performance of its obligations under this  and the obligations of the Parties arising out of this Contract shall remain suspended. The Party subject to Force Majeure shall immediately notify the other Party in writing of such event, its effects and its estimated duration. It shall also take steps within a reasonable time to eliminate the adverse effects of the Force Majeure, to perform its obligations as before and to comply with its commitments.
2. MOLA accepts and undertakes to act in accordance with the provisions of the Legislation on the protection of personal data and to take all legal, technical and administrative measures in this direction.
3. TRANSFER AND ASSIGNMENT: The Charterer may not transfer this Contract and/or its claims, rights and/or obligations under this Contarct to third parties in whole or in part without the prior written consent of MOLA.
4. INVALID PROVISION: If any of the provisions of this Contract are found to be invalid and/or void, the other provisions of the Contract shall not be affected by such invalidity and shall continue to be valid.

51. NOTICES: All notifications shall be valid if made to the official addresses of the parties specified below. Each Party shall notify the other Party in writing in accordance with the provisions of this Contract at least 15 (fifteen) days in advance of any changes in the legal notification addresses shown in this Contract. Otherwise, it accepts and undertakes that the notifications made to the addresses shown in this Contract will have all the terms and consequences of a legally valid notification.

52. AMENDMENT: Any amendments to this Contract must be made in written form.

1.  Izmir Courts and Enforcement Offices shall be authorized to settle all disputes arising out of this Contract.

Consisting of 53 (fifty-three) articles and two copies, this contract has been signed on __________ ________ with the mutual agreement of the parties after reading and negotiating all terms and conditions, and one copy has been received by each party.

 Lessor                                                      Agency                                                      Charterer