Distance Sales

DISTANCE SALES AGREEMENT

This Distance Sales Agreement (“Agreement”) has been concluded between Barbaros Turizm Yatçılık İnşaat İthalat İhracat ve Ticaret Anonim Şirketi, whose details are provided below (“SELLER” or “Barbaros Yachting”), and the person purchasing services electronically through the Platform (“BUYER”), within the scope of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

Within this Agreement, the Platform refers to the website (“Site”) and/or mobile application operated by Barbaros Yachting.

1. PARTIES

1.1. SELLER

Title: Barbaros Turizm Yatçılık İnşaat İthalat İhracat ve Ticaret Anonim Şirketi
Address: Neyzen Tevfik Cad, Saray Sk. No:4, 48400 Bodrum/Muğla, Türkiye
Phone: +90 549 401 00 01
Email: info@barbarosyachting.com
Tax Office / Number: Bodrum Tax Office / 1420609924

1.2. BUYER

Full Name / Title: [Automatically filled]
Phone: [Automatically filled]
Email: [Automatically filled]
Address: [Automatically filled]

The BUYER is responsible for the accuracy of the information provided through the Platform.

1. SUBJECT OF THE AGREEMENT

The subject of this Agreement is to determine the rights and obligations of the parties regarding the sale and performance of yacht/boat rental and/or related tourism/service packages ordered electronically by the BUYER through the SELLER’s website/mobile platform.

1. ESSENTIAL CHARACTERISTICS AND PRICE OF THE SERVICE

The essential characteristics, scope, and price of the service purchased by the BUYER are specified on the order/reservation screen and on the summary page prior to payment.

The service fee consists of the rental fee specified on the reservation screen and the total of any additional services.

Service Information:

• Boat/Yacht Name: [Automatically filled]
• Rental Date / Time Range: [Automatically filled]
• Departure Port: [Automatically filled]
• Route / Region: [Automatically filled]
• Number of Persons: [Automatically filled]
• Service Type: (Daily / Weekly / Cabin / Private Tour, etc.)
• Total Amount: [Amount] (EUR / TRY)
• Down Payment: [Amount]
• Remaining Payment: [Amount]
• Additional Services: (Captain, fuel, APA, transfer, etc.)

1. PAYMENT AND INVOICING

4.1. Payment may be made via credit card, debit card, bank transfer, wire transfer, or similar methods.

4.2. In the case of online payment, payment infrastructure providers (e.g., iyzico, etc.) may be used.

4.3. Card details are not stored by the SELLER and are processed through the payment institution’s infrastructure.

4.4. Bank commissions, exchange rate differences, and payment provider fees may be charged to the BUYER.

1. PERFORMANCE OF THE SERVICE

5.1. The purchased service shall be performed on the reservation date and at the specified port/departure point.

5.2. The BUYER is obliged to be present at the specified point at the reservation time.

5.3. Route/time changes may be made due to weather conditions, port authorities, security risks, or force majeure events.

1. RIGHT OF WITHDRAWAL

6.1. Since the purchased service is in the nature of accommodation, transportation, vehicle/boat rental, or holiday services to be performed on a specific date, the right of withdrawal shall not apply pursuant to Article 15/1-g of the Regulation on Distance Contracts.

6.2. Nevertheless, the SELLER may evaluate cancellation/refund requests in certain cases within the scope of commercial goodwill. These conditions are separately regulated in the “Cancellation / Refund / Modification Policy.”

1. CANCELLATION, MODIFICATION, AND REFUND CONDITIONS

7.1. Cancellation, refund, and modification conditions may vary depending on boat type, season, date, campaign, service scope, and operational planning.

7.2. Before payment, the BUYER declares that they have read and accepted the Cancellation / Refund / Modification Policy and the cancellation/refund conditions presented to them.

7.3. Bank/payment institution deductions, commissions, and exchange rate differences may affect the refund amount.

7.4. Refunds may not be provided in cases such as lateness, non-participation, incomplete documentation, etc., arising from the BUYER’s own fault.

7.5. In case of cancellation by the SELLER without force majeure, an alternative date shall be offered or a refund shall be made upon the BUYER’s request.

1. FORCE MAJEURE

8.1. Force majeure shall include events beyond Barbaros Yachting’s control that are unforeseeable and unavoidable despite all due diligence, including but not limited to natural disasters (flood, earthquake, storm, hurricane, fog, etc.), war, occupation, hostile acts, civil war, rebellion, revolution, military coup, terrorism, civil unrest, industrial disputes, nuclear disasters, fire, epidemics, health risks, nationalization, government sanctions, embargoes, labor disputes, strikes, lockouts, power outages, port closures, official authority decisions, and technical malfunctions. The SELLER shall not be held liable for failure or disruption in fulfilling obligations due to such events.

8.2. In case of force majeure:

• The service may be postponed,
• The route may be changed,
• If deemed appropriate, refund/voucher/alternative date options may be offered.

1. RIGHTS AND OBLIGATIONS OF THE PARTIES

9.1. The SELLER shall make reasonable efforts to provide the service within the announced scope.

9.2. The BUYER is obliged to provide accurate information, comply with rules, and follow safety instructions.

9.3. The BUYER accepts responsibility for damages that may occur on the boat due to negligence or fault.

9.4. The BUYER agrees to comply with boat rules and safety instructions.

9.5. The BUYER is responsible for damages arising from rule violations caused by guests.

1. PERSONAL DATA

The BUYER’s personal data shall be processed in accordance with Turkish Personal Data Protection Law (KVKK), within the scope of the KVKK Information Notice, and for the purpose of fulfilling the contract.

1. DISPUTE RESOLUTION AND JURISDICTION

This Agreement shall be governed by the laws of the Republic of Türkiye.

In disputes where the BUYER is considered a consumer, Consumer Arbitration Committees and Consumer Courts shall have jurisdiction.

Consumers may submit their applications within the annually determined monetary limits to the consumer arbitration committee or consumer court located where the service was purchased or where the consumer resides.

1. EFFECTIVENESS

The BUYER shall be deemed to have accepted all provisions of this Agreement by making payment through the Platform and/or by checking the “I have read and accept” box.

This Agreement enters into force upon electronic approval.