This English text is a translation provided for information only. In case of any discrepancy, the Turkish original prevails.
SECTION I
PURPOSE
ARTICLE 1These Operating Regulations set out the management principles and rules to be observed at GAZİPAŞA MARİNA HİZMETLERİ DENİZCİLİK TUR. TİC. SAN A.Ş., located at Pazarcı Mahallesi, Uğur Mumcu Mahallesi, No:151, Gazipaşa District, Antalya Province.
SECTION II
SCOPE
ARTICLE 2Under these Operating Regulations, all persons present at, working at, benefiting from, receiving services from and/or having any relationship with GAZİPAŞA MARİNA HİZMETLERİ DENİZCİLİK TUR. TİC. SAN A.Ş. are deemed to have accepted in advance to comply fully with these regulations and with the decisions of the persons authorised under them. These Operating Regulations also cover any other measures to be taken by the Marina.
SECTION III
LEGAL BASIS
ARTICLE 3“These Operating Regulations have been prepared within the framework of Tourism Incentive Law No. 2634, the Marine Tourism Regulation and other related regulations, taking into account safety, health, accident prevention measures and all applicable legislation in force, and all necessary matters have been included in their scope.
SECTION IV
DEFINITIONS
ARTICLE 4In these Operating Regulations:
a) “MARINA” means the entire land and sea area of Gazipaşa Gold Marina and/or GAZİPAŞA MARİNA HİZMETLERİ DENİZCİLİK TUR. TİC. SAN A.Ş. and/or the management of Gazipaşa Gold Marina,
b) “MARINA MANAGER” means the manager authorised and responsible for the implementation of these Operating Regulations,
c) “MARINA SECURITY AREA” means the area where the Boats are moored, separated from the public area by a security fence and/or railing or landscaping, comprising the Boat berths, floating pontoons, quays, breakwaters, fuelling station, ferry pier and Boat haul-out area, and reserved for Boat Owners, crew and Boat customers,
d) “BOAT OWNER” means the legal or natural persons registered as the “Owner” in the Boat’s Tonnage Certificate, or the captain authorised by the Owner to operate the Boat, or the charterer, agent or other person holding a power of attorney who is in control of the Boat at the time,
e) “YACHTSMAN” means the persons on board the Boat, including the Captain and the Boat Owner (the Boat Owner shall be deemed a yachtsman whether or not on board),
f) “CREW” means the personnel, including the Captain, authorised by the Boat Owner and performing a service on board the Boat,
g) “BOATS / YACHTS” means navigable marine vessels built as yachts, used for cruising and sport, not qualifying as cargo or passenger ships, designated as a “Commercial Yacht” or “Private Yacht” in their tonnage certificates, and lawfully recorded and registered with the competent authority of the flag state,
h) “CONTRACT(S)” means the contracts concluded between the Boat Owner and the Marina concerning berthing or haul-out services and other service requests at Gazipaşa Gold Marina,
i) “HAUL-OUT OPERATION” means the operation that begins with the Boat being lifted from the sea or from its carrier by travel lift or another method and ends with the fitting of the props and tie bars after it has been placed on a trailer or on land,
j) “LAUNCHING OPERATION” means the operation that begins with the Boat being lifted from its place on land by trailer, travel lift or another method and ends with it being placed in the sea or on a carrier,
k) “BOAT LENGTH” means the Length Overall (L.O.A.), being the horizontal distance measured along the fore-and-aft centreline on the deck of the Boat, from its aftmost point including the davits, if any, at the stern to its foremost point including the bowsprit, if any, at the bow,
l) “BOAT BEAM” means the maximum Beam (B.max), being the widest distance of the Boat measured horizontally at right angles to the fore-and-aft centreline,
m) “COMMERCIAL UNIT” means the areas leased by the Marina within the Marina boundaries for the purpose of serving Marina customers and the public.
The terms defined above carry their defined meanings in these Operating Regulations regardless of whether they are capitalised or used as proper nouns.
SECTION V
USE OF THE MARINA
ARTICLE 5All areas outside the security area designated by the Marina are open to visitors. No one may enter the Marina security area without permission, except persons authorised by the Marina and persons granted access to the security area by the management.
ARTICLE 6The Marina decides whether Boats falling outside the definition of a Boat set out in the Operating Regulations may receive services from the Marina.
ARTICLE 7On the day of entering the Marina, the Boat Owner must submit the boat’s registration documents to the Marina office and sign a Contract. The Boat Owner is obliged to provide the information requested in the Contract completely and accurately.
ARTICLE 7 /AObligation regarding identity notification:
The Boat Owner acknowledges that, pursuant to Identity Notification Law No. 1774, the related regulations and the legislation in force, within the scope of the Identity Notification System (KBS), the identity details of the Boat Owner, the crew, the passengers and all guests on board the Boat must be notified to the Marina Office before entering the Marina or at the latest at the time of entry.
The Boat Owner accepts, declares and undertakes that they are obliged to submit the identity information and documents requested by the Marina completely, accurately and on time, and that any administrative fine, sanction and legal liability arising from the failure to fulfil the identity notification obligation or to fulfil it properly, from late notification, or from incomplete or false notification rests solely with the Boat Owner.
If the identity notification obligation is not fulfilled or is fulfilled incompletely, the Marina has the right to make the notification to the law enforcement authorities ex officio, to suspend services temporarily or permanently, to terminate the relevant contract and to claim its losses from the Boat Owner.
Persons whose identity has not been notified are not permitted to stay on board the Boat or to be present in the Marina area.
Personal data processed by the Marina under this article are processed for the purpose of fulfilling a legal obligation pursuant to Article 5/2-(ç) of Personal Data Protection Law No. 6698, are retained for the periods stipulated in the relevant legislation and may be shared with the competent public authorities.
Any breach of the identity notification obligation constitutes a breach of these Operating Regulations and of the relevant contracts.
ARTICLE 8Boats using the Marina must hold seaworthiness certificates, be fully equipped and be able to navigate under their own means. The Boat Owner is responsible for ensuring that the Boat’s crew hold valid and adequate licences.
ARTICLE 9The Boat Owner is fully and solely responsible for the conduct and actions of the crew and yachtsmen on board the Boat, for all adverse events that may arise from the Boat, and for any damage and loss caused by the Boat through collision, fire or any other accident within the Marina boundaries while navigating or berthing.
ARTICLE 10Where owners of foreign-flagged Boats who have entered Türkiye with their Boats leave their Boats in Türkiye for berthing, haul-out, wintering, maintenance and repair, the procedures are carried out in accordance with the relevant legislation. If the owner of a foreign-flagged Boat permits third parties to use, repair or maintain the yacht left in Türkiye, the owner must notify the Marina in writing of the person or persons so authorised. The responsibility of the owner of a foreign-flagged Boat continues until they have delivered the transit log (Yacht Registration Document for Travel Between Turkish Ports) and the inventory list to the Marina, completed the necessary procedures with the public authorities and departed from Türkiye. Procedures for outside persons boarding the Boat are followed up by the marina in accordance with the relevant legislation.
ARTICLE 11The Boat Owner accepts and undertakes in advance to comply with all the rules of the Marina, whether or not they are set out in these Operating Regulations, and with the general and special conditions that the Marina Operator may introduce and/or amend at such times as it deems appropriate under the relevant regulations.
ARTICLE 12The Boat Owner is obliged to fulfil the duty to take precautions on a risk basis and shall therefore take measures that eliminate any potential risks. In this context, the Boat Owner is obliged: where there is a risk of carrying disease or harmful pests, to fumigate or disinfect before entering the marina; in the event of ageing of or impact damage to flammable equipment and installations, to remedy these first and eliminate the risks before berthing and leaving the boat; and, even in the event of a partial shortfall in safety equipment, to keep the boat fully equipped at all times as required, regardless of whether the reduced equipment might be sufficient.
ARTICLE 13Every boat owner is obliged to follow the announcements and notices of GAZİPAŞA GOLD MARİNA, its notice board and its e-mail notifications. They are obliged to save the GAZİPAŞA GOLD MARİNA e-mail address in their address book and prevent incoming e-mails from falling into the “junk mail” folder. Boat owners are in any event also obliged to check their “junk mail” folder.
SECTION VI
BERTHING AND HAUL-OUT RESERVATIONS, CANCELLATION PERIODS AND CONDITIONS
ARTICLE 14A reservation request made by the Boat Owner becomes final upon confirmation by the Marina once the advance payment has been recorded by the marina.
ARTICLE 15No refund is made if the reservation is cancelled by the Boat Owner. A reservation may not be transferred to another Boat. To transfer a reservation to another year, the Marina must be notified in writing at least 45 days before the reservation start date. In the event of cancellation of a reservation under extraordinary circumstances, the Marina’s senior management is authorised to decide, case by case, whether a refund will be made.
SECTION VII
BERTHING, HAUL-OUT AND SERVICE CONTRACTS AND PAYMENT OBLIGATION
ARTICLE 16The Boat Owner pays for all services provided to the Boat or to themselves by the Marina or its affiliated units, at the rates set by the Marina, in advance and at the latest on the date of the relevant invoice. All taxes and expenses arising from the signing of a Contract with the Marina, including but not limited to stamp duty, shall be borne by the Boat Owner. The relevant tax/expense amount shall be invoiced by the Marina to the Boat Owner and then paid to the competent authorities. The Boat Owner has accepted and undertaken to pay the tax/expense amounts specified in this article in advance and at the latest on the date of the relevant invoice.
ARTICLE 17Berthing, Haul-out and Service Contracts are in no way lease agreements and may not be assigned. Contracts are signed jointly by the Marina and the Boat Owner and are valid for the period stated therein. Unless otherwise agreed in writing by the parties, the Contract shall expire automatically at the end of the relevant period.
ARTICLE 18If the fee for berthing, haul-out and/or any other service is not paid on time, the Marina Operator, without any need for notice or warning:
Charges interest on overdue receivables at the rediscount advance interest rate announced by the Central Bank of the Republic of Türkiye for the period from the due date to the actual payment date (both dates included in the interest calculation) and collects its receivables together with such interest;
Cancels any discounts and advantages granted;
Charges monthly and annual Contracts at the daily Marina tariff;
Ceases to provide all services, including but not limited to additional services such as electricity, water, car parking and access to facilities;
Prevents the Boat from leaving the Marina;
Is entitled to exercise, immediately, irrevocably and unconditionally, mortgage and/or lien rights over the Boat in respect of claims qualifying as maritime claims;
Carries out, at any time it wishes, the relevant legal processes for moving the Boat to any other place within the Marina, at the Boat Owner’s expense and risk;
Immediately initiates and pursues all applicable legal processes, including enforcement proceedings and the sale of the Boat, for the collection of its receivables and/or losses.
The Boat Owner accepts in advance that the Marina cannot be held liable in any way if the Boat, and consequently the Boat Owner, suffers any loss for the reasons stated above.
ARTICLE 19Some of the fees for services provided by the Marina are set out in the Marina price list. It is not mandatory for all fees applied to be stated in the printed price list, and fees for Marina services are redetermined according to the Marina’s requirements.
ARTICLE 20Water, electricity, showers/WC, storage lockers, communication services such as telephone, fax and internet connection, mooring boat and pilotage services used when the Boat enters or leaves the Marina by sea, open/covered car parks, sports grounds and swimming pool facilities may be provided, as far as possible, for a limited or unlimited period and with or without charge, in accordance with the Marina’s general policy. The duration and fees of these services are determined by the Marina.
ARTICLE 21Where the registration documents or manufacturer’s documents are insufficient or contradictory in determining the Length and Beam of the Boat, measurements may be taken by the marina management.
ARTICLE 22Fees for Berthing, Haul-out and other services are calculated on the basis of the Boat’s Length Overall (LOA), Beam (B.max) and the unit prices and conditions in force on the day the relevant Contract is signed. The fee resulting from this calculation is collected in advance and at the latest on the date of the relevant invoice. The due dates stated on the relevant invoices are definitive; the debt shall become due automatically without any need for a separate warning, notice or protest, and the Boat Owner shall automatically be in default.
ARTICLE 23The berthing period for private yachts is determined on the basis that “the minimum daily use is 24 hours” and according to the number of nights. The Marina determines the accrual of fees according to the Boat’s length of stay in the Marina and the services provided.
ARTICLE 24Before its expiry, the Contract may be renewed at the Boat Owner’s request by mutual agreement in accordance with the conditions (then) in force. Otherwise, the Contract shall expire automatically on its end date. In that case, unless the Marina requests otherwise, the Boat Owner must remove the Boat from the Marina on the Contract end date. Upon expiry of the Contract, at the Marina’s discretion, the Boat Owner may be invoiced at the daily tariff for the area occupied by the Boat. The Boat Owner acknowledges and declares that the Marina has responsibilities towards its other customers, the environment, its shareholders and other persons, and is therefore authorised and obliged to keep the Boat in question in the most suitable area within the Marina (anywhere afloat or ashore), taking into account the operational needs, conditions and requirements of the business. The Boat Owner accepts and undertakes to pay all related costs and expenses that may arise from keeping the Boat in the Marina without a signed Contract, the berthing fees calculated according to the daily tariff and (where applicable) all other fees. The Marina reserves the right not to renew the Contract.
ARTICLE 25Fees for all Marina services shall be set in a currency in accordance with the legislation. Fee information is public and everyone has the right to request and obtain this information from the management at any time; giving a work instruction, having work done or requesting work constitutes acceptance of the fee in force.
SECTION VIII
CANCELLATION OF BERTHING, HAUL-OUT AND SERVICE CONTRACTS
ARTICLE 26Entry into the Marina, whether by sea or by land, entails the obligation to accept and comply with all Marina rules. If the Boat Owner or any other yachtsman persists in conduct contrary to the Marina rules, the relevant Contract or these Operating Regulations, such conduct constitutes a breach of contract, and in such cases the Marina may terminate the relevant Contract immediately, unilaterally and with just cause, without compensation and without refunding any amount to the Boat Owner. In such a case, unless the Marina requests otherwise, the Boat Owner must leave the Marina immediately with their Boat(s). The Marina’s right to claim separately for any losses it suffers is reserved.
ARTICLE 27If the ownership of a Boat subject to a valid Contract with the Marina changes, the Boat Owner shall notify the Marina in writing before the change. This notification must include the new owner’s name and surname (or trade name), full address, telephone numbers, other contact details, information on the transfer of the Boat and other necessary information. In addition, the current Boat Owner is obliged to deliver to the Marina, before the transfer, a document bearing a wet signature undertaking that the new Boat Owner will comply with the provisions of these Operating Regulations. In this case, the Marina may cancel the Contract(s) or conclude a new Contract with the new Boat Owner. No refund is made for any remaining days of a Contract cancelled in this way. The Marina is free to decide whether or not to conclude a berthing Contract with the new owner of the Boat.
ARTICLE 28If the owner of a Boat in the Marina changes and the Marina considers it appropriate to conclude a Contract with the new owner, the new owner shall immediately conclude a new Berthing Contract with the Marina Operator. If the new owner fails to conclude a Contract with the Marina despite the Marina’s warning, all responsibilities of the former owner continue.
ARTICLE 29If the Boat Owner seriously and/or repeatedly breaches the provisions of these Operating Regulations, the Contract(s) shall terminate automatically upon a notice served by the Marina on the Boat Owner. The notice is served by e-mail sent to the address stated in the Boat Owner’s Contract, by notarial notice or by other current means of communication.
ARTICLE 30For the safety of the Boat, and for the safety of other persons using the Marina and their Boats, the Marina has the right, where it deems necessary, to board the Boat in special and emergency situations, after informing the person responsible for the boat, in order to re-moor it, take in mooring lines, relocate, move, lift, launch or salvage it, or carry out other activities not listed here. Where these services are provided at the Boat Owner’s request and are chargeable under the Marina’s tariff in force, the fee shall be collected from the boat owner.
SECTION IX
ALLOCATION OF BERTHS
ARTICLE 31Boats with a Berthing Contract may come alongside and moor at the berths allocated to them by the Marina. The boat owner has accepted the layout and arrangement of the Marina and its situation with regard to natural events and weather conditions. The marina is not liable for damage caused by natural and weather events that may occur and have an effect notwithstanding the general structure, arrangement and layout of the Marina. The boat owner is obliged to obtain information on the general weather conditions of the region and may also obtain such information from the marina management at any time.
ARTICLE 32The Marina is obliged to allocate to each Boat Owner holding a berthing Contract any berth suitable for mooring the Boat. This berth may be used by the Boat Owner for the periods during which the Boat is in the Marina. Where it deems necessary for marina planning, the Marina has the right to change the Boat’s berth after informing the boat owner.
ARTICLE 33The Boat Owner may not allocate or lease the berth to anyone else. If the Boat is sold or transferred, the berth cannot be transferred together with the Boat. Any conduct to the contrary shall be deemed just and sufficient cause to render the Contract void and invalid.
ARTICLE 34If the Boat Owner notifies that the Boat will be absent from the Marina for a certain period, the Marina may allocate the berth temporarily occupied by the Boat to other Boats for a certain period or periods, not exceeding the period of absence.
SECTION X
RULES ON HAUL-OUT SERVICES
ARTICLE 35To use haul-out services, the Boat Owner must conclude a haul-out contract with the Marina. Regardless of whether they are set out in these Operating Regulations, the Marina may at any time lay down new and/or additional rules on the use of the Haul-out area.
ARTICLE 36At the end of the haul-out and/or launching operation, the Boat is deemed to have been taken over by the Boat Owner. Where it is found after launching that the Boat is damaged (for example, taking on water), or a condition requiring repair of the hull is identified, any waiting in and/or work carried out on the travel lift to remedy the problem is subject to an additional fee.
ARTICLE 37The type, time and duration of work to be carried out on Boats in the haul-out area (inside, on and around them) must be notified to the Marina by the Boat Owner and the operator of the commercial unit.
ARTICLE 38Boat Owners and their crew may carry out the maintenance and repair of their own Boats, provided that they comply with these Operating Regulations, the Labour Law and other relevant legislation. In such cases, submission of the social security (SGK) documents of the personnel working may be requested.
ARTICLE 39Work on Boats by anyone from outside the marina is carried out with the boat owner’s approval and the marina’s permission. Whether or not to grant permission, and/or the granting of permission, is at the Marina’s discretion within the legal framework. The entry fee for all persons coming from outside the Marina is set by the Marina and paid in advance.
ARTICLE 40For safety reasons, no one may stay overnight on Boats in the Haul-out Area without the marina’s permission. Work must be carried out during working hours.
ARTICLE 41Haul-out fees are calculated on the basis of the unit price of the type of lift/slipway the Marina will use for the operation and are collected in advance.
ARTICLE 42The Marina cannot be held responsible for not starting or not completing a haul-out or launching operation if environmental conditions (wind speed, sea state, sea level, adequacy of daylight, etc.) are unsuitable during the time the operation is to be carried out.
ARTICLE 43The Marina cannot be held responsible for any reason if the travel lift designated for the haul-out or launching operation is unable to start or complete the operation for reasons that could not be foreseen in advance or were not communicated by the boat owner (unsuitable weight distribution of the Boat, restrictions arising from the Boat’s construction and equipment, etc.).
ARTICLE 44While the Boat is being lifted by the travel lift, no personnel may be on or in the Boat. If there are extensions such as shroud wires that would touch the upper beam of the lift, the loosening and removal of the fittings of such extensions and their reinstallation at the end of the operation shall be organised and carried out by the Boat Owner, and liability for any damage arising from any shortcoming or error in carrying out these operations shall rest with the Boat Owner.
ARTICLE 45During and after haul-out or launching operations, carrying out all necessary checks on the Boat (taking on water, etc.) and responsibility for them rest with the Boat Owner.
ARTICLE 46After launching, the Boat must leave the lift dock within a reasonable time so that services can be provided to other boats. If the Boat cannot be brought into or taken out of the haul-out dock in time by its own means, the operation is carried out by the Marina and the fee for the service provided is collected from the Boat Owner.
ARTICLE 47If there are points requiring attention owing to the Boat’s construction, equipment and condition where the travel lift slings contact the hull, or when the bottom and side supports of the Boat placed ashore are fitted, such sensitive and hazardous areas must be specified by the Boat Owner in the relevant Contract, and the Boat Owner must also remind the Marina officials of this verbally at the haul-out location before the operation begins. The positions of slings, pads or props must be specified by the Boat Owner, taking into account the structure and characteristics of the Boat. The Boat’s cradle plan must be obtained by the Boat Owner and handed to the Marina before any work on the Boat begins. Otherwise, the Boat Owner is responsible for any damage to the Boat’s hull, components, paintwork, equipment, etc.
ARTICLE 48Where the Marina deems necessary, the position of a Boat stored ashore may be changed after informing the Boat Owner.
ARTICLE 49The area where the Boat will be parked is determined by the Marina in accordance with the information provided by the Boat Owner when concluding the Contract. The position of Boats that have passed the launching date stated in the Haul-out Contract may be changed by the Marina Operator if they obstruct the launching of Boats stored behind them. The fee for travel lift work carried out for this reason is collected from the Boat Owner.
ARTICLE 50If the Boat Owner wishes to launch their Boat on a date earlier than the launching date stated in the haul-out Contract, but other Boat(s) need to be moved for this to happen, the operation may be carried out provided that physical difficulties do not prevent it, with a fee charged accordingly for each Boat moved.
ARTICLE 51It is prohibited to run vibrating machinery such as engines and generators or to hoist sails on a Boat stored ashore. The Boat Owner is responsible for taking all necessary safety measures in this regard. Permission must be obtained from the Marina if weight is to be added to or removed from a Boat stored ashore. Such work may be carried out after written approval has been obtained, with full responsibility resting with the Boat Owner.
ARTICLE 52It is strictly prohibited to leave rubbish outside Boats or to discharge pollutants such as bilge water, sink, dishwashing, toilet or shower water. In addition, the cleaning fee for any pollution so caused will be charged to the Boat Owner. Pollution spreading around the Boat and caused by repair and maintenance work organised by the Boat Owner shall likewise be cleaned up by the Boat Owner’s own arrangements before it spreads. Otherwise, the necessary cleaning fee will be charged on each occasion.
ARTICLE 53During woodwork, painting, varnishing, welding, grinding, sanding, scraping and similar work organised by the Boat Owner on the Boat, all necessary measures shall be taken by the Boat Owner to prevent neighbouring Boats and facilities from being soiled or damaged. Work carried out without such measures will be stopped by the Marina. Damage to neighbouring Boats and facilities found to have been caused by work carried out without such measures shall be recorded in a report, and all damage shall be compensated immediately by the Boat Owner who caused it.
ARTICLE 54The Marina is not obliged to provide the scaffolding required for work organised by the Boat Owner. Materials such as scaffolding, trestles and planks available in the haul-out area are primarily for the Marina’s use.
ARTICLE 55Boat Owners and Crew must leave their vehicles in the car park or at the place indicated by the marina. Vehicle access to the haul-out area may be permitted only in strictly necessary cases such as loading and unloading, entirely at the Marina’s discretion.
ARTICLE 56Taking all necessary safety and fire precautions during work on the Boat, and responsibility for them, rest with the Boat Owner. Keeping explosives on Boats is strictly prohibited.
ARTICLE 57The props and chocks supporting Boats ashore are placed and repositioned only by the Marina. It is extremely dangerous and strictly prohibited for other persons to reposition props, pads or chocks or to remove the tie bars between props and chocks.
ARTICLE 58It is dangerous and prohibited to tie the ropes of winter covers on the Boat to the prop tie bars or to hang chains or similar weights on the props.
ARTICLE 59It is inadvisable to keep electrical power lines from the Marina facilities or any other source connected to Boats ashore while no one is on board. The necessary precautions in this regard shall be taken by the Boat Owner.
ARTICLE 60Before the Boat is launched / leaves the Marina, its current account with the Marina must be reconciled and any procedures and payments relating to an outstanding balance must be completed.
SECTION XI
ENTERING AND LEAVING THE MARINA AND RULES WITHIN THE MARINA
ARTICLE 61Boats shall inform the Marina and obtain permission before entering or leaving the Marina and before changing position within the Marina. During manoeuvres within the Marina, the Boat Owner must accept the assistance of the Marina’s mooring boat.
ARTICLE 62The speed limit within the Marina is, for vessels, a level that does not disturb other boats and, for land vehicles, a maximum of 20 km per hour. Owners of vehicles that do not comply with the speed limit on land will have their vehicle access to the Marina cancelled. The speed limits in force and the relevant legal regulations must be observed.
ARTICLE 63Within the Marina area, Boat Owners and crew are prohibited from lighting fires of any kind, lighting barbecues by any method, keeping explosives on Boats and using naked flames.
ARTICLE 64Repairs, alterations and maintenance of a polluting or disturbing nature are prohibited in the Marina area outside the maintenance and repair areas.
ARTICLE 65Cables, hoses and similar lines running from the water, electricity, telephone and TV connection points in the Marina area to the Boat shall be supplied by the Boat Owner.
ARTICLE 66The protection of all equipment and materials kept in, on and around the Boat against all weather and sea conditions is entirely the responsibility of the Boat Owner.
ARTICLE 67All adequate and necessary measures against the Boat taking on water due to rain or other causes (in particular ensuring that drainage systems are adequate, working and maintained) shall be taken by the Boat Owner.
ARTICLE 68Within the Marina, outside the places indicated by the Marina, and in particular on floating pontoons, fingers, quays, the Boat haul-out area and car parks, it is prohibited to keep personal belongings, dinghies, Boat accessories, bicycles, rafts, platforms, tents, trailers, caravans and similar equipment, or to keep and store similar equipment. Leaving such items in special cases is subject to the Marina’s permission. All materials left without permission will be removed to the Marina’s storage and the related fees will be invoiced to the Boat Owner.
ARTICLE 69Swimming, diving, fishing, hunting, water skiing and windsurfing are prohibited within the Marina.
ARTICLE 70Washing laundry, dishes or land vehicles on quays, floating pontoons, fingers and other open areas is prohibited. Sails, covers and inflatable boats may be washed and dried at places permitted by the Marina.
ARTICLE 71It is prohibited to create noise, light or sound pollution from Boats in the Marina area in a manner that may disturb others, such as by talking, playing music, playing instruments, making noise or running engines, or to behave in a manner that disturbs the surroundings. Running engines and generators within the Marina area, and their running times and durations, are subject to the Marina’s written permission.
ARTICLE 72All measures against matters unacceptable within the Marina, such as the presence of pests and other harmful organisms on the Boat or the spread of unsanitary odours and similar effects from the Boat, shall be taken by the Boat Owner. Where deemed necessary, appropriate measures shall be taken by the Marina to remedy the identified problem, with all costs invoiced to the Boat Owner.
ARTICLE 73Where necessary, earthing of the Boat is the responsibility of the Boat Owner. The Marina is not liable for low voltage, voltage fluctuations or power cuts in the mains supply or for any damage or loss arising from them.
ARTICLE 74Where pets are kept on the Boat, all pets may be walked within the Marina by their owners with measures such as leashes or cages that prevent uncontrolled movement. The Boat Owner is responsible for cleaning up any mess caused by these animals and for any damage or loss they may cause.
ARTICLE 75The Boat Owner must take all necessary measures to prevent fire and keep on board fire extinguishers of adequate size and number, meeting appropriate standards and specifications, ready for immediate use in the event of a fire on the Boat.
ARTICLE 76The Boat Owner accepts and undertakes that they and the crew will act in accordance with the Marina’s instructions in emergencies such as fire, storm or storm surge, and will provide any assistance requested of them.
ARTICLE 77Within the Marina, the Boat shall be moved under engine power and sails shall not be used without the marina’s permission.
ARTICLE 78All Boats shall be moored only to the bollards, rings, mooring buoys and fittings designated for mooring, in the manner the Marina considers appropriate. Unless otherwise agreed by the parties, the necessary lines and fenders shall be provided by the Boat Owner. The Boat Owner is responsible for ensuring that these lines and fenders are of sufficient number and quality, and for replacing, maintaining and using them as necessary.
ARTICLE 79Anchoring in the Marina is strictly prohibited except where permitted. Mooring lines may be made fast to another yacht only with the Marina’s permission and, in special cases, with the permission of the owner or crew of the Boat to which the lines are to be made fast. Boat Owners and their crew may not refuse to release their mooring lines when necessary to facilitate the movement of another Boat.
ARTICLE 80Unless a specific place ashore is indicated by the Marina, dinghies, tenders and small boats shall be kept on board the Boat when not in use. Under no circumstances may such items be allowed to obstruct the roads, pontoons, piers, quays and passageways in the Marina. Any auxiliary boat/craft that is not kept on board the Boat and occupies a separate space afloat or ashore is subject to a contract.
ARTICLE 81The name of the Boat must be clearly written on the Boat and on all dinghies, cradles, trailers and other craft belonging to the Boat. The Boat’s flag must be flown in accordance with the relevant legislation in force. All responsibility in these matters rests with the Boat Owner.
ARTICLE 82Within the Marina, naked flames may not be used and fires may not be lit (except for the normal lighting installations on board yachts and stoves kept for cooking). Boats wishing to take electricity from the Marina must have installations meeting normal standards, and those using heaters and similar appliances must use cables rated for the corresponding amperage. All responsibility in this matter rests with the Boat Owner. Only special electrical cables approved by the Marina may be connected to the Marina’s electrical installation. Cables connected to electrical appliances on board must be run safely and professionally by the Boat Owner.
ARTICLE 83The toilets and bathrooms of Boats without a black water tank may not be used in the Marina. Dishes and laundry may not be washed, nor the Boat washed with detergent, on such Boats. The Boat Owner and yachtsmen must use the WC and shower facilities and the laundry and dishwashing areas in the Marina. If a breach is found, the cost of cleaning the soiled sea, quay, pier, etc. will be collected from the yachtsman.
ARTICLE 84The Boat Owner is responsible for ensuring that they and the yachtsmen avoid conduct that disturbs others, and for securing halyards, all sails, lines and ropes in such a way that they do not cause disturbance or nuisance.
ARTICLE 85Outside the maintenance and repair areas, repairs, painting and noisy work may not be carried out while the yacht is at its berth. Any repair work is subject to the Marina’s permission.
ARTICLE 86Hazardous, flammable, toxic or harmful substances, fuels and liquids shall not be brought into the Marina unless kept in securely and tightly closed containers guaranteed against leakage. All regulations, local laws and rules in this regard shall be strictly observed. Chemicals must never be discharged into the Marina or the sea. If there are flammable or explosive substances on board, their type and quantity shall also be notified to the Marina immediately.
ARTICLE 87The Boat Owner, the crew and/or yachtsmen may not broadcast in the Marina by any means.
ARTICLE 88Young children are the responsibility of their parents or guardians in the Marina.
ARTICLE 89The Marina bears no responsibility for any damage or loss to Boats or belongings left in the Marina without its approval.
ARTICLE 90If a Boat or vehicle causes damage to a Boat, property and/or person in the Marina, the owners or persons responsible for the Boat or vehicle causing the damage must inform the Marina immediately. In such cases, the owner of the Boat/vehicle shall immediately compensate all damage caused.
ARTICLE 91Boat Owners and their crew who leave the Marina without their Boats, even for a short period (longer than 24 hours), shall hand over their keys to the Marina office. The handing over of keys to the Marina office does not impose any responsibility on the Marina other than the safekeeping of the keys. Keys will not be given to third parties without a written and sufficient authorisation from the Boat Owner or captain.
ARTICLE 92If the alarm of a vehicle parked in the Marina goes off, the Marina will try to reach the person responsible for the vehicle; however, in any case, if the alarm lasts for 45 minutes and the person responsible has still not been able to stop it, the Marina may call in a specialist to stop the alarm without the person responsible for the vehicle. In such a case, the costs incurred by the Marina in stopping the alarm shall be paid to the Marina by the person responsible for/owner of the vehicle. In any case, deactivation of the alarm is solely at the risk of the owner/person responsible and the Marina bears no responsibility.
ARTICLE 93A Boat Owner whose Boat is in the Marina but who has not signed a Contract or has not renewed their Contract must, unless the Marina requests otherwise, remove the Boat from the Marina on the Contract end date. Upon expiry of the Contract, at the Marina’s discretion, the Boat Owner may be invoiced at the daily tariff for the area occupied by the Boat.
ARTICLE 94The Marina managers are the authorised persons for all services provided by the Marina. The Marina bears no responsibility for arrangements made by Boat Owners, their crew or yachtsmen with third parties or for services provided by third parties.
ARTICLE 95The Boat Owner shall submit requests concerning Marina services to the Marina. The Boat Owner may not give private work to Marina staff without the Marina’s written permission.
ARTICLE 96The entry into the Marina and use of Marina services by Boats whose owner, crew, agent, responsible person, employee or other related person has been given a penalty and/or subjected to criminal proceedings, even if not yet final, for offences under the Turkish Penal Code and other laws in force and/or for breaches of the Marine Tourism Regulation, are subject to the Marina’s written permission. The Marina may at any time terminate the berthing Contracts and any other Contracts of such Boats immediately, unilaterally and without compensation.
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SECTION XII
LIABILITIES AND INSURANCE
ARTICLE 97All maritime services in the Marina are carried out only by persons holding a seafarer’s certificate.
ARTICLE 98The Boat Owner is required to learn in good time the legislation relating to matters such as the entry into and/or departure from Turkish territorial waters of themselves, their Boat and their companions, navigation in Turkish territorial waters, leaving the Boat in the Marina, their responsibilities and leaving Türkiye by a means other than their Boat, and to take the necessary measures. Although the Marina has no duty to assist the Boat Owner in these matters, in order for it to be able to assist if it so wishes, the necessary information and valid documents relating to the Boat, the Boat Owner, the crew and yachtsmen must be prepared and the Marina must be informed in good time and adequately. The Marina cannot be held responsible for difficulties the Boat Owner may face as a result of incorrect, incomplete, defective or otherwise improper practices.
ARTICLE 99A Boat using the Marina must have valid and adequate insurance based on its real value (comprehensive hull and machinery insurance and third-party liability insurance). The Boat Owner is obliged to carry out all necessary procedures in this regard. The Boat Owner must submit to the Marina, when concluding Berthing, Haul-out and/or similar contracts, copies of insurance policies valid until the end of the relevant Contract period. The existing Contracts of Boats that do not have comprehensive insurance based on correct values, or whose previous insurance has expired and has not been renewed with valid insurance, shall be deemed automatically terminated. In such cases, all operations for the immediate removal of the Boat from the Marina (including hauling the Boat out) shall be carried out by the Boat Owner or the Marina Operator, and the Boat Owner shall be solely responsible for covering all resulting losses and expenses. In addition, the Boat Owner is solely and directly liable for compensating any damage or loss not covered by the hull insurance and/or third-party liability insurance.
ARTICLE 100Damage, loss and harm caused by the Boat Owner, their crew and yachtsmen to their own Boats and/or other Boats or to facilities belonging to the Marina are outside the scope of the Marina’s liability insurance and are not the Marina’s responsibility.
ARTICLE 101Damage, loss and harm caused by events such as the breaking off of rotten or weak parts of the Boat, or the separation of the keel from the hull or the hull from the keel, while the Boat is being lifted by travel lift from the water or from its carrier and moved to its place ashore, or lifted from its place ashore or on its carrier and moved to the sea or onto another carrier, are outside the scope of the Marina’s liability insurance and are in no way whatsoever the Marina’s responsibility.
ARTICLE 102Damage, loss and harm suffered by other Boats, vehicles, equipment and persons on the Boat and in the vicinity while the Boat Owner, their crew and/or third parties are carrying out maintenance and repair work on Boats ashore are outside the scope of the Marina’s liability insurance and are in no way whatsoever the Marina’s responsibility. Compensation for such damage is the responsibility of the boat causing it.
ARTICLE 103The security service in the Marina serves only as a deterrent. Since the security service is merely a precautionary measure, the Marina is not liable for any material or non-material damage, loss or harm that may occur in the Marina, including the partial or total theft, loss of or damage to Boats and/or registered or unregistered inventory, and injury, death and terrorist incidents that the Boat Owner, crew, passengers, yachtsmen and guests may suffer.
ARTICLE 104Flying drones and/or unmanned aerial vehicles (UAVs) for private use within the Marina is subject to the Marina’s written permission. Legal action will be taken against persons flying drones and/or UAVs without written permission from the Marina and the competent legal authorities, and the Marina may take all security measures. Flying drones and/or UAVs for commercial activities is subject to the Marina’s written permission. For drones and/or UAVs flown for commercial activities, regardless of their weight, submission to the Marina of third-party liability insurance and a UAV pilot licence is mandatory. Regardless of whether they comply with the rules set out above, persons flying drones and/or UAVs in the Marina are jointly and severally liable for any damage, loss and harm that may occur within the Marina as a result of these activities. In addition, all legal and criminal liability, including liability arising from compensation claims, rests with the person(s) flying the drone and/or UAV. If such person(s) and/or the legal entities they represent or are related to have a Contract with the Marina, such Contracts may be terminated unilaterally, immediately and without compensation.
ARTICLE 105Notifications by the Marina shall be made to the addresses stated in the Contracts, to the most recent address registered in the trade registry gazette or ship registry, or to the most recent address notified to the Marina. Notifications may also be made to the telephone number and/or e-mail address declared to the Marina. The Boat Owner is therefore obliged to keep all contact details notified to the Marina complete, accurate and up to date.
ARTICLE 106Compliance within the Marina boundaries with the legislation and rules in force due to infectious diseases, epidemics and other disasters, and with the measures taken by the Marina, is mandatory. Legal action is taken against those who act to the contrary, and such persons (jointly and severally, if more than one) are liable for all damage and loss the Marina may suffer. If such persons have Contracts with the Marina, these Contracts may be terminated unilaterally, immediately and without compensation.
ARTICLE 107The parties have accepted and declared that Turkish law shall apply to the resolution of any dispute that may arise, and that the Gazipaşa Courts and Enforcement Offices shall have jurisdiction over the resolution of disputes.
ARTICLE 108The Marina reserves the right to amend and revise these Operating Regulations at any time according to the Marina’s requirements.
ARTICLE 109In matters not covered by these Operating Regulations, Tourism Incentive Law No. 2634, the Marine Tourism Regulation and other relevant legislation in force shall apply.
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PRIVACY NOTICE ON THE PROCESSING OF PERSONAL DATA
Dear Visitor, as GAZİPAŞA MARİNA HİZMETLERİ DENİZCİLİK TUR. TİC. SAN A.Ş. (“Gazipaşa Gold Marina”), we attach importance to the protection and confidentiality of your personal data. In our capacity as data controller, Gazipaşa Gold Marina wishes to inform you, pursuant to Personal Data Protection Law No. 6698 (the “Law”), about the processing of your personal data within the scope set out below.
What Personal Data Will We Process?
During your visit, your name and surname, contact details (telephone/e-mail), details of the company you work for and your profession (Personal Data) will be collected and processed.
For What Purposes and on What Legal Grounds Will We Process Your Personal Data? We will process your personal data for the following purposes:
Taking the necessary measures to protect public health and occupational health and safety and to minimise risks,
Providing information to public officials and authorised persons and organisations on matters of public health and public safety, upon request and as required by legislation.
Your personal data will be processed for the purposes stated above without your explicit consent, on the grounds that, pursuant to Article 5/2(f) of the Law, the data controller has legitimate interests, provided that your fundamental rights and freedoms are not harmed, and/or that, pursuant to Article 5/2(ç) of the Law, processing is necessary for the data controller to fulfil its legal obligations. In addition, your personal data may be disclosed by Gazipaşa Gold Marina to official authorities without your explicit consent where requested by official authorities in accordance with the relevant legislation and where disclosure to official authorities is mandatory under the provisions of mandatory legislation in force. Your personal data may also be used to the extent necessary in connection with a legal dispute affecting Gazipaşa Gold Marina or potential disputes, and shared with courts and other competent institutions and organisations. In this context, your personal data may be processed without your explicit consent under Article 5/2(ç) of the Law for the purpose of fulfilling Gazipaşa Gold Marina’s legal obligations, and under Article 5/2(e) of the Law for the purpose of establishing or protecting Gazipaşa Gold Marina’s rights. Where you give consent to receive commercial electronic messages, your personal data will be processed, without the need for your explicit consent, under Article 5/2(e) of the Law within the scope of establishing, exercising or protecting a right, for the purpose of sending you commercial electronic messages to keep you informed of new developments, campaigns and events relating to Gazipaşa Gold Marina.
To Whom and for What Purposes Personal Data May Be Transferred:
In order to fulfil the purposes of processing personal data set out above, your personal data may be shared, only where necessary, with legally authorised public institutions, administrative authorities, private persons or organisations and judicial authorities. In addition, where necessary for the purposes set out above, your personal data may, based on your explicit consent pursuant to Article 9/1 of the Law, be transferred with the necessary measures taken
to companies within the group of companies to which Gazipaşa Gold Marina belongs;
to third parties and business partners from whom Gazipaşa Gold Marina receives services / support / consultancy;
since Gazipaşa Gold Marina is part of a global group of companies, to Gazipaşa Gold Marina companies in the countries where the databases and servers used electronically are located.
Without your explicit consent, data may be transferred abroad only pursuant to Article 9/2 of the Law, subject to the necessary permissions being obtained, to our group companies resident abroad or to third parties resident abroad from whom we receive services. Method of Collecting Personal Data: Your personal data will be collected from you in writing, verbally or electronically, by automated or non-automated means, through the employee on duty at the entrance to the meeting area, via a mobile application or via the internet.
Your Rights Regarding Your Personal Data:
Pursuant to Article 11 of the Law, you have the following rights:
To learn whether your personal data are processed and to request information if they have been processed,
To learn the purpose of processing your personal data and whether they are used in accordance with that purpose,
To know the third parties to whom your personal data are transferred,
To request the correction of your personal data if they have been processed incompletely or incorrectly, and, where this right is exercised, to request that this be notified to the third parties to whom your personal data have been transferred,
To request the erasure or destruction of your personal data if the reasons for processing them no longer exist, and, where this right is exercised, to request that this be notified to the third parties to whom your personal data have been transferred,
To object to any outcome to your detriment arising from the analysis of the processed data exclusively through automated systems, and
To claim compensation if you suffer damage as a result of the unlawful processing of your personal data.
As Gazipaşa Gold Marina, we undertake that you may exercise these rights at any time and in the most convenient way, subject to our obligations under the legislation in force. To do so, simply contact us using the contact details below:
GAZİPAŞA MARİNA HİZMETLERİ DENİZCİLİK TUR. TİC. SAN A.Ş. Tel: +90242 510 70 00 Address: Pazarcı Mah. Uğur Mumcu Cad. No:151 Gazipaşa/Antalya, Türkiye e-mail: info@gazipasagoldmarina.com
STATEMENT OF CONSENT TO THE PROCESSING OF PERSONAL DATA
Dear Data Subject, as you have been informed under the Privacy Notice provided to you by GAZİPAŞA MARİNA HİZMETLERİ DENİZCİLİK TUR. TİC. SAN A.Ş. (“Gazipaşa Gold Marina”), we are required under the legislation in force to obtain your explicit consent for your personal data to be transferred abroad. If you give explicit consent, you may withdraw it at any time. In that case, the withdrawal will take effect for the future and processing activities carried out on the basis of your explicit consent will be stopped as soon as possible. I GIVE MY CONSENT to the transfer of my Personal Data abroad for the purposes set out in the Privacy Notice.
