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Terms and Conditions of use website marketplace – portal

Last updated: 2022-12-10

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the “website”) and/or by completing a reservation or booking, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement). These pages, the content and infrastructure of these pages, and the online E-Yacht booking service provided on these pages and through the website (the “service”) are owned, operated and provided by Atlantis Global Yönetim ve Bilişim Sistemleri Turizm Ticaret İthalat İhracat A.Ş. and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.

1. Scope of our Service
Through the website marketplace – portal we Atlantis Global Yönetim ve Bilişim Sistemleri Turizm Ticaret İthalat İhracat A.Ş. provide an online platform for information society mediation service through which owners – operators – brokers can advertise their vessels for reservations and bookings, and through which visitors, users, customers can make such reservations and bookings. By making a reservation or booking through E-Yacht you enter a direct (legally binding) contractual relationship with the owner – operator – broker at which you reserve or book. From the point at which you make your reservation or booking, we act solely as an intermediary between you and the owner – operator, transmitting the details of your reservation or booking to the relevant owner – operator – broker for exact vessel and sending you a confirmation email for and on behalf of the owner – operator – broker. When rendering our services, the information that we disclose is based on the information provided to us by the owners – operators – brokers and their own vessel fleet. As such, the owners – operators – brokers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our website marketplace – portal. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website marketplace – portal or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each owner – operator – broker remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website marketplace – portal. Our website marketplace – portal does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any vessel made available. Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.

2. Prices
The prices on our website portal are highly competitive. All prices on website marketplace – portal are per vessel for your entire charter choosing period and are displayed including VAT tax and all other taxes (subject to change of such taxes), unless stated differently on our website marketplace – portal or in the confirmation email. Sometimes cheaper rates are available on our website marketplace – portal for a specific renting period of a vessel; however, these rates made by owners – operators – brokers may carry special restrictions and conditions, for example in respect to last minute, cancellation and refund. Please check the vessel and rate details thoroughly for any such conditions prior to making your reservation or booking order.

3. E-Yacht Service Fee
The service fee helps us run our platform and provide innovative services. service fee payable by credit / debit card (Visa, Master, American Express) at the time of booking to secure your order and is non-refundable. Charterers are presented with the total amount of the yacht details on the checkout page before they finalize the booking. No other fee or commission will apply to your booking. The E-Yacht service fee can be anywhere between 0% and 8% after all discounts and only on the yacht charter hire price. A general rule of thumb is that the higher the booking price, the lower the service fee.

4. Privacy uses high ethical standards and respects your privacy. Save for disclosures required by law in any relevant jurisdiction and the disclosure of your name, email address and your credit card / debit card detail for completing your booking with the relevant vessel of your choice, we will not disclose your personal information to third parties without your consent. However, we reserve the right to disclose your personal information to our affiliated (group) companies (in and outside the European Union), including our and our affiliated (group) companies’ employees and our trusted brokers / affiliates and representatives who have access to this information with our permission and who need to know or have access to this information to perform our service (including customer services and internal (audit/compliance) investigation) to and for the benefit of you.

5. Further Correspondence
By completing a reservation or booking, you agree to receive (i) an email which we may send you, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your booking and destination, and (ii) an email which we may send to you promptly after your charter inviting you to complete customer review form. We shall not send you any further (solicited or unsolicited) notices, emails or correspondence (unless you specifically agree otherwise) other than (i) the email correspondence confirming your reservation or booking, (ii) relevant booking modifications or cancellation emails (including reminder emails in instances where you have not finalized a booking or other requested information for e.g. crew list, arrival details… etc…), (iii) communications initiated from us or the owner – operator – broker regarding your booking, (iv) customer review invitations, and (v) the emails for which you may have actively opted in.

6. Ranking and Customer Reviews
The default setting of the ranking of vessels on our website marketplace – portal is “Recommended” (or any similar wording) (the “Default Ranking”). For your convenience, we also offer other ways to rank the vessel(s). Please note that the Default Ranking is created through a fully automated ranking system (algorithm) and is based on multiple criteria. The completed customer review may be (a) uploaded onto the relevant vessel’s information page on our website portal for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the vessel and owner – operator, and (b) (wholly or partly) used and placed by E-Yacht  at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our website marketplace – portal or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by E-Yacht. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The customer review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.

7. Disclaimer
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, neither we E-Yacht (Atlantis Global Yönetim ve Bilişim Sistemleri Turizm Ticaret İthalat İhracat A.Ş.) nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents, brokers or others involved in creating, sponsoring, promoting, or otherwise making available the website portal and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the vessels belonging to owners – operators as made available on our website portal, (iii) the services rendered or the products offered by the owners – operators, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website portal, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the owner – operator (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control. We do not warrant the accuracy, quality, completeness, or reliability of the website marketplace – portal, the information and any Third-Party Offering; that the website marketplace – portal and the information will be error free, virus free, uninterrupted or free from unauthorized use or hackers.

8. Miscellaneous
Unless stated otherwise, the software required for our services or available on or used by our website portal and the intellectual property rights (including the copyrights) of the contents and information of and material on our website portal are owned by Atlantis Global Yönetim ve Bilişim Sistemleri Turizm Ticaret İthalat İhracat A.Ş., its suppliers or providers. To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Turkish Law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Turkish Republic. The original UK English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the UK English version and any other language version of these terms and conditions, the UK English language version to the extent permitted by law shall apply, prevail and be conclusive. The UK English version is available on our website marketplace – portal or shall be sent to you upon your written request. If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

9. About E-Yacht
All of our services are rendered by Atlantis Global Yönetim ve Bilişim Sistemleri Turizm Ticaret İthalat İhracat A.Ş., incorporated under the laws of Türkiye and having its offices at Gazi Mustafa Kemal Blv. D-Marin Sit. No:24 A/14, 48400, Turgutreis, Bodrum, Muğla, Türkiye.