THIS IS A LEGAL AGREEMENT.BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH BOAT OWNERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR BOATS (DEFINED BELOW) AND RENTERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK BOATS. YOU UNDERSTAND AND AGREE THAT SERVICE PROVIDER (DEFINED BELOW) IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN BOAT OWNERS AND RENTERS, NOR IS SERVICE PROVIDER A BOAT BROKER, AGENT OR INSURER. SERVICE PROVIDER HAS NO CONTROL OVER THE CONDUCT OF BOAT OWNERS, RENTERS AND OTHER USERS OF THE SITE, AND SERVICES OR ANY BOATS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
In this Agreement, the following words and expressions shall refer to the following:
'Booking Currency'means the currency in which a Renter has to pay for his or her Booking. At the time the Renter submits a Booking Request, the Service Provider selects the Booking Currency, based on the Website’s logic and PSP’s infrastructure. The Service Provider supports only a certain number of currencies as Booking Currency. The Booking Currency for a Booking may be different from the relevant Listing Currency.
'Listing Currency'means the currency selected by the Boat Owner while listing a Boat. When the respective Boat is shown among search results, related Booking price will be in Listing Currency. The Service Provider provides a certain number of currencies as Listing Currency based on the dynamics of the market and location of the Boat.
'Boat' refers to a sailboat, motorboat, catamaran, or any other kind of sea vessel of a particular Boat Owner, which is eligible to be posted on the Website to be booked by Members.
'Boat Delivery Document' refers to the document, which is drafted by the Service Provider and sent to the Boat Owner, and which is signed by the Renter during Boat’s delivery to the Renter on Check-in Date, proving that the Boat has been delivered to the Renter and the Renter has benefited from the Services and the other services offered by the Boat Owner agreed on in the Booking Confirmation.
'Boat Owner' refers to a Member who must be a duly represented legal entity which is the legal and beneficial owner of the Boat(s), or properly authorized by the legal and beneficial owner of the Boat(s), or obtained an exclusive unconditional right for the use of the Boat(s) and which posts his/her Boat(s) or other Listings on the Website for Booking by a Renter.
'Booking' refers to each particular booking of a Boat or other Listing that is made by a Renter, offered by a particular Boat Owner and posted on the Website.
'Booking Confirmation' refers to the formal acceptance by a Boat Owner, of a Booking made by a Renter.
'Booking Request' refers to the request made by the Renter regarding and prior to a particular Booking.
'Business Days' refers to days that banks are open in Turkey.
'Cancellation and Modification Option'refers to the meaning ascribed to it in Section – 7 of this Agreement.
'Cancellation and Modification Terms' refers to the set of rules governing the booking cancellation and modification as described in Section – 7 of these Terms & Conditions.
'Check-in Date'refers to the time the Boat is delivered to the Renter by the Boat Owner with regards to a confirmed Booking Request.
'Check-out Date'refers to the time the Boat is delivered to the Boat Owner by the Renter at the end of the agreed period with regards to a confirmed Booking Request.
'Content' means Member Content and Viravira Content, together.
'Euro' refers to the official currency of the European Union. The foreign exchange rate of the European Central Bank will be taken as basis in determining the Turkish Lira equivalent of Euro within the scope of this Agreement and the date to be taken into consideration is the realization date of the transaction that is subject to the said calculation.
'External Account' refers to the meaning ascribed to it in Section – 3 of this Agreement.
'Free Cancellation Period' refers to maximum of 3-day (72-hour) period starting upon the reception of the Booking Confirmation and ending with an upper cap at the Long Stop Date.
'Full Booking Fee' refers to the total amount of all charges including but not limited to the boat reservation fee, cleaning fee, meal charge and captain fee which are paid by the Renter in exchange for the services provided by the Boat Owner to the Renter in relation to a Booking.
'Listing' refers to the listing of a particular Boat, including crew details, services provided, Boat’s technical and other features and all applied terms governing the fuel and meal charge and any other inclusions and exclusions to the Full Booking Fee, that is posted by a Boat Owner as available for booking via the Website and which must always be subject to the Service Provider’s approval before being published on the Website.
'Long Stop Date' refers to the meaning ascribed to it in Section – 5 of this Agreement.
'Member' refers to a real or legal entity that has registered an account using the Website by accepting the Terms & Conditions.
'Member Content' refers to all text, graphics, images, music, software, audio, video, information or other materials that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or member profile to be made available through the Website or Services.
'Payment Service Provider' or 'PSP' refers to a third-party company offering payment-processing services for accepting payments.
'Rental Period' refers to the time period starting with the Check-in Date and ending with the Check-Out date of the confirmed Booking.
'Renter' refers to a Member who is an individual of legal age and of full capacity to contract, or a duly represented legal entity who enters into a boat rental relationship with a particular Boat Owner for the Booking of a Boat and who has agreed to pay the Full Booking Fee.
'Service Provider' refers to Viravira Teknoloji ve Turizm AŞ, a company registered in Turkey with registered address at İstinye Mah. Çayır Cad. No: 5 / 2 Sarıyer 34460 İstanbul / Turkey.
'Services' refers to all services provided by the Service Provider including the services provided through the online platform accessible at the defined Website that connects Boat Owners who have Boats to rent with Renters seeking to rent such boats.
'Service Charge' refers to the sum payable by the Boat Owner to the Service Provider, upon the Booking Confirmation of a Booking of a Boat or other Listing through the Website, equal to a percentage of 20% + VAT (unless otherwise agreed) of the Full Booking Fee, as a consideration for the provision of the Service. The Service Provider has the right to lower or increase the agreed percentage for promotional or any other purposes.
'Service Provider Content' or 'Viravira Content' refers to all text, graphics, images, music, software, audio, video, information or other materials that Service Provider makes available through the Website or Services, including any content licensed from a third party, but excluding Member Content.
'SNS' refers to the meaning ascribed to it in Section – 3 of this Agreement.
'SNS Content' refers to the meaning ascribed to it in Section – 3 of this Agreement.
'Terms & Conditions' or 'Terms' refers to all the terms and conditions included in this Agreement along with any subsequent amendments as may take place at the full discretion of the Service Provider.
'Us' or 'us' refer to the Service Provider.
'VAT' refers to value-added tax.
'Viravira' refers to Viravira™, which is a registered trademark.
'Viravira Account' refers to the meaning ascribed to it in Section – 3 of this Agreement.
'We' refers to the Service Provider.
'Website' or 'Site' refer to the online platform with the domain name https://www.viravira.co, mobile applications, and any social networking accounts linked to them, owned, managed and administrated by the Service Provider.
'You' or 'you' refers to the Members, Boat Owners, Renters and users of the Website as applicable.
Viravira provides a platform that connects Boat Owners who own Boats to rent with Renters seeking to rent such Boats, through various channels including the Website and any other websites through which Services are available.
The Service Provider grants a non-exclusive, non-transferable, and revocable license to the Boat Owners and Renters and provides the Services available at this Site subject to the following Terms & Conditions. By registering, accessing and/or using the Website and Services, you agree to comply with and be legally bound by the Terms & Conditions, whether or not you become a registered user of the Services. These Terms & Conditions, which you acknowledge that you have read and understood, govern your access to and use of the Website and Services and all Content, and constitute a binding legal agreement between you and the Service Provider. The Service Provider may amend these Terms & Conditions from time to time without notice to you. You can review the most current version of the Terms & Conditions at any time at https://www.viravira.co/termsofuse. In addition, when using particular services on the Website, certain guidelines or rules may be posted which are applicable to your use of those services and your use of this Site. Your relationship with the Service Provider is subject to all guidelines or rules that may be posted from time to time on the Website. If you do not agree to most current version of these Terms & Conditions, you have no right to obtain information from or otherwise continue using the Website or Services.
Service Provider does not do business as organizer, agent, or provider of boat rentals, crew placement services and/or other Listings and/or services. Service Provider does not act as an insurer or as an insurance agency. Service Provider cannot and does not offer tax advice. Boat Owners and Renters understand and agree that they are responsible for determining their own tax reporting requirements in consultation with tax advisors. Service Provider cannot be held responsible for any undeclared tax liabilities attached to any Renter or any Boat Owner.
Service Provider solely makes available the Website for Boat Owners and Renters to agree and arrange for a Booking of a certain Boat or Listing and serves as an intermediary for the purpose of accepting payments from Renters on behalf of the Boat Owner and is responsible for transmitting such payments to the Boat Owner.
If a Renter requests a Booking of your Boat and uses your Boat, any agreement you enter into with such Renter is between you and the Renter, and it is understood that the Service Provider will not be a party to such an agreement and will not be bound by its terms.
Members aged under eighteen (18) will not be accepted as Renters or Boat Owners. The Member declares and warrants that he/she is over eighteen (18) years of age and that all the personal information provided is true to his knowledge in order to become a Renter or a Boat Owner. The Renter declares and warrants that he/she is legally empowered to enter into agreement with a particular Boat Owner on his/her own behalf or through any agents or representatives acting in his/her name.
Service Provider has no control over the conduct of Boat Owners, Renters and other users of the Website and Services or any Boats and Listings, and disclaims all liability in this regard to the maximum extent permitted by law.
Service Provider and the Member agree that there is no disproportion between the actions decided by the Service Provider and the Member under this Agreement. This Agreement do not contain unfair terms pursuant to regulations on unfair terms in consumer agreements. The mutual actions are in compliance with the nature of the business and there is no lack of experience regarding the transactions included within the scope of the Agreement.
Unless the context otherwise requires, words importing the singular shall include the plural and vice versa. Headings shall be ignored in construing this Agreement. References to “Clauses” / “Sections” shall mean the clauses and sections of this Agreement unless an explicit reference to a clause / section of another document is made.
3. ACCOUNT REGISTRATION
In order to access certain features of the Site, to create a Listing or make a Booking, you must register to create an account (“Viravira Account”) and become a Member. You may register directly via the Website upon completion of the sign up process or by logging into your account with certain third-party social networking sites ('SNS') (including, but not limited to, Facebook and Google; each such account, a 'External Account'), via the Site, as described below.
As part of the functionality of the Site and Services, you may link your Viravira Account with External Accounts, by either: (i) providing your External Account login information to Service Provider through the Site; or (ii) allowing Service Provider to access your External Account, as permitted under the applicable terms and conditions that govern your use of each External Account. You represent that you are entitled to disclose your External Account login information to Service Provider and/or grant Service Provider access to your External Account (for any purposes including, but not limited to, the purposes described herein), without obligating Service Provider to pay any fees or making Service Provider subject to any usage limitations imposed by such SNS. By granting Service Provider access to any External Accounts, you understand that Service Provider will access, make available and store (if applicable) any content that you have provided to and stored in your External Account ('SNS Content') so that it is available on and through the Site via your Viravira Account and Viravira Account profile page. Unless otherwise specified in these Terms & Conditions, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms & Conditions. Depending on the External Accounts you choose and subject to the privacy settings that you have set in such External Accounts, personally identifiable information that you post to your External Accounts will be available on and through your Viravira Account on the Site and Services. Please note that if an External Account or associated service becomes unavailable or the SNS terminates Service Provider’s access to such External Account, then SNS Content will no longer be available on and through the Site. You have the ability to disable the connection between your Viravira Account and your External Accounts, at any time, by accessing the 'Account' section of the Site. Please note that your relationship with the SNS associated with your External Accounts is governed solely by your agreement(s) with such SNS. Service Provider makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Service Provider is not responsible for any SNS Content.
Your Viravira Account and your Viravira Account profile page will be created for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. Service Provider determines and may expand the scope of this information. Any person not wishing to provide this information cannot become a Member. You may not have more than one (1) active Viravira Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
Service Provider reserves the right to suspend or terminate your Viravira Account and your access to the Site and Services (i) if you create more than one (1) Viravira Account, or (ii) if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. Please refer to Section – 14 of this Agreement for further information.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Viravira Account, whether or not you have authorized such activities or actions. You agree that you will immediately notify Service Provider of any unauthorized use of your Viravira Account.
Create a Listing As a Member, you may create Listings. Members who create a Listing (referred to as “Boat Owners”) are obliged to submit a variety of information about the Boat to be listed, including, but not limited to, description, photographs, location, size, features, crew, ownership documentation, availability of the Boat, pricing, cancellation policy, related rules, and financial terms. Prior to the posting of any Listing, the Service Provider will approve such Listing.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or Renter use of a Boat in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Boat included in a Listing you post, including, but not limited to, insurance requirements, coast guard regulations, zoning laws, marina regulations, and laws governing rentals and operation of Boats and (b) not conflict with the rights of third parties. Please note that Service Provider assumes no responsibility for a Boat Owner's compliance with any applicable laws, rules and regulations. Service Provider reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
The Member shall provide the Service Provider when listing a Boat with proof of ownership of the Boat and that all licenses and authorization required by any applicable law for the usage Boat have been duly obtained.
The Boat Owner warrants, declares and undertakes that:
It is the legal and beneficial owner of the Boat and the Listings and/or it has been properly authorized to use the Boat, to rent the Boat and offer the Listing and/or it has obtained an exclusive unconditional right for the use and rental of the Boat and provision of the Listings.
It has obtained all necessary licenses, permissions, insurances and any other requisites for the use of the Boat and such licenses, permissions, insurances shall remain in force during the use of the Services, during the period of these Terms & Conditions are in force, and during Rental Period.
Any picture, photo, drawing, text, icon, logo, graphic, image which is uploaded in the Website by the Boat Owner in connection with the Boats corresponds to the Boat which will be booked by the Renters of the Website and any information in connection to the Boat is true and correct.
It has substantial knowledge of and expertise in providing his services to the Renters and maintains high quality of infrastructure while performing its services.
It has in place one or more insurance policies with a reputable insurance firm to cover any liabilities that may arise with the use of the Services, during the Rental Period and during the period when this Agreement is in force.
It has not breached any law or regulation, which has or might reasonably be expected to have a material adverse effect in the Website and the business of the Service Provider.
No claims or investigations are being made or conducted against it or any of its subsidiaries or affiliates that have or might reasonably be expected to have a material adverse effect on Services or services provided during Rental Period.
It will use reasonable care and skill in performing his services.
Content of a Listing As a Boat Owner you acknowledge and agree that you are solely responsible for any of your Boats or other Listings on the Website. You acknowledge and agree that Listings will be made publicly available via the Services provided. Other Members will be able to book your Boat via the Services based upon the information provided in your Listing.
As a Boat Owner you agree that you grant to the Service Provider an irrevocable license and the right to use the Member Content posted by you in connection to the Boats or Listings that are posted on the Website. The license and right includes but is not limited to allowing the Service Provider to make use of such Content and all other information, in social networks, newsletters, and in any other kind of advertisement and for commercial purposes as the Service Provider thinks proper for the promotion of its business.
The Boat Owner agrees that the Service Provider may review Boat Owner’s uploads to the Website and may remove or refuse to display content, which the Service Provider reasonably believes that reveal the Boat Owner’s identity to the public, including without limitation its full name, company name, Boat’s name, links to other websites, telephone numbers, and/or uploads by the Boat Owner that are illegal or violate Service Provider’s Terms & Conditions or the applicable law.
The Service Provider may suspend or stop providing its Services to the Boat Owner, if the Boat Owner and/or the respective Listing do not comply with the Terms & Conditions of the Service Provider or any applicable law.
Searching Listings Through the Website, the Members have the opportunity to search and view available Listings, including but not limited to information in connection with the Boat such as descriptions, photos, prices, and request a Booking. When rendering their Services, information that the Service Provider discloses are based on the information provided to the Service Provider by each Boat Owner. It is important that Renters check the information uploaded on the Website. The Service Provider shall not have any responsibility whether the information uploaded in the Website in connection with the Boats or any other Listing is true and correct.
Customizing a Listing Boat Owners are free to adjust the availability and price of their Boats or Listings, post their terms and conditions, manage upcoming bookings, contact and get contacted by Members of the Website, receive Booking Requests, send revised prices and other terms, earn reviews for their services, and many more, subject to these Terms & Conditions.
Prior to sending a Booking Request, a Member can request a customized offer from a Boat Owner by sending a message attached to the requested dates, requested prices and other requested terms. Two parties can discuss the customized terms through the messaging feature of the Website. Any Member who wants to contact a particular Boat Owner must enter the requested dates and type in a text passage in the messaging screen. A Member can only send messages to a Boat Owner with regards to a specific Listing. A Boat Owner is free to send a customized offer based upon the terms agreed upon, or decline the requests thought the messaging stream.
In the messages to be exchanged between a Member and a Boat Owner it is strictly prohibited to type in personal information including but not limited to (i) phone numbers (ii) boat names (iii) any contact information including address and e-mail address (iv) names, surnames or any other names not displayed in the Website. The Service Provider has the right to monitor all messaging streams. The Service Provider has the right to suspend, terminate or deactivate a Viravira Account as described in Section – 14 of this Agreement in case it detects any kind of personal information that is exchanged between any parties.
Boat Owners are fully responsible for updating rates, availability and other information, which is displayed on the Website. As such, the Service Provider is only responsible for establishing contact between the Boat Owner and the Renter. The Service Provider shall not be responsible for the non-performance or exact and compliant performance of those services that fall under the scope of the agreement between the Boat Owner and the Renter. Each Boat Owner remains responsible at all times for the accuracy, completeness and correctness of the information (including the rates and availability) displayed on the Website. The Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any Boat Owner made available.
Booking Through the Website a Renter can send a Booking Request for a specific Boat or Listing posted on the Website. As soon as the Renter makes a Booking Request, Service Provider notifies the Boat Owner via e-mail, text message or message.
If you are a Boat Owner and you have received a Booking Request through the Services, you are required to either confirm or reject the Booking Request within a maximum of twenty-four (24) hours of when the Booking is requested (as determined by Service Provider in its sole discretion) or the Booking Request may be automatically cancelled. If the time between the Check-in Data and the time the Booking Request sent is less than 24 hours, the Boat Owner has to accept or reject the Booking Request until the start of the Check-in Date (00:00).
Service Provider makes certain tools available for Boat Owners to help them make informed decisions about which Member’s requests to confirm. You acknowledge and agree that, as a Boat Owner, you are responsible for your own acts and omissions.
When a Booking is requested via the Services, a link to the Renter's Viravira Account profile page is shared with you so that you can view the information available before confirming or rejecting the booking. If you are unable to confirm or decide to reject a Booking Request of a Boat within such twenty-four (24) hour period, any amounts collected by the Service Provider for the requested Booking may be refunded to the applicable Renter and any pre-authorization of credit card will be released, if any. (As described in detail in Section – 6 of this Agreement).
A Booking is concluded with the approval of the Booking Request by the Boat Owner. When you confirm a Booking Request sent by a Renter, Service Provider will send you and the Renter an e-mail, text message or message via the Services confirming such Booking.
If a Member sends a message to a Boat Owner with regards to a customized offer request, a Booking Request process starts. If the two parties agree on the custom dates, price and other terms, and the Boat Owner confirms the aforementioned terms through the Site, the Boat Owner is considered to confirm the Booking Request and no other Booking Confirmation is required after the payment in this particular case.
The Boat Owner may and is advised to conclude a separate agreement with the Renter. Service Provider will not be a party in such agreements and shall not be bound by their terms and conditions. The Service Provider acts solely as an intermediary between a Renter and a Boat Owner, transmitting the details of the Booking to the relevant Boat Owner, sending to the Renter a confirmation of rejection e-mail for and on behalf of the Boat Owner and collecting the Full Booking Fee. Except as otherwise provided in this Agreement, if any provision contained in this Agreement conflicts with any provision in any of the other agreements, including the agreements which might be signed between the Renter and the Boat Owner, the provision contained in this Agreement shall govern and control.
As a Member, you acknowledge and understand that if you make a Booking with a particular Boat Owner through the Website you will need to refer to and shall be bound by the Booking Confirmation, and the booking terms and conditions that will apply to that Booking with the related Boat Owner in relation to payment, cancellation and other related matters.
Cancellation and modification deadline applying to a particular Listing is governed by the Cancellation and Modification Option selected by the Boat Owner upon creation of a Listing, as described in Section – 7 of this Agreement.
6. FEES AND PAYMENT
Full Booking Fee The Renter acknowledges and agrees that he shall be required to pay the Full Booking Fee as displayed in Boat Owner’s Listing on the Website, if he decides to book a Boat of a Boat Owner via the Website.
The Boat Owner will be responsible for determining the Full Booking Fee regarding each Listing. The Full Booking Fee must be inclusive of VAT. You understand and agree that once a Renter requests a Booking of your Boat or other Listing, the price that you have set for such Booking may not be altered.
In order to send a Booking Request, a Renter is required to enter his/her payment information details. Payment can be made with credit card, debit card or any other means of payment accepted by the Service Provider. In case the payment shall be made with credit card, pre-authorization of such credit card will be confirmed before the Booking Request is finalized. The amount equal to the Full Booking Fee will be fully charged or blocked at the time of of Booking Request. In case the payment shall be made by debit card or any other payment method other than credit card, the Full Booking Fee will be charged at the time of Booking Request.
If the period between the time the Booking Request is sent and the Check-in Date is more than 24 hours, the Boat Owner is given 24 hours to either confirm or reject a Booking Request. If the aforementioned period is less than 24 hours, the Boat Owner is allowed to either confirm or reject the Booking Request until 00:00 on the next day of the Booking Request date. If the Boat Owner takes no action by that time, the Booking Request will automatically be cancelled.
If a Booking Request is rejected, expires or is cancelled, any pre-authorization of the Renter’s payment card will be released or any charged fees will be refunded to the Renter.
The performance of the Boat Owner’s services to the Renters will not commence until the Full Booking Fee has been obtained in accordance with the Terms & Conditions.
Free Cancellation Period Upon receiving a Booking Confirmation, the Renter will have a Free Cancellation Period to reconsider the Booking.
The Free Cancellation Period starts upon the reception of the Booking Confirmation and lasts for a maximum of three (3) days. If the time period between the Long Stop Date and the date the Booking Confirmation is received is less than three (3) days, the Free Cancellation Period ends at the Long Stop Date.
If, within the course of this Free Cancellation Period, the Renter wishes to withdraw the confirmed Booking, he/she may do so without being obliged to pay any fees whatsoever. If, during Booking Request, the Renter had chosen to make the payment with:
Credit card, the blocked amount of Full Booking Fee will be released.
Other methods, the charged amount of Full Booking Fee will be refunded.
If at the end of the Free Cancellation Period the Renter takes no action:
Free cancellation right is lost.
Boat Owners become responsible for providing the service referred to in the Booking Confirmation.
If the payment method is credit card, the Full Booking Fee is charged.
From this moment on, the Booking can only be cancelled if and as allowed by the Cancellation and Modification Terms.
Service Charge The Boat Owner agrees that in the event it concludes a Booking with a Renter as a result of using the Website and Services, then, in consideration of the use of the Website and the Services, the Service Provider shall charge you a Service Charge. Full Booking Fee that is posted on the Website must be inclusive of the Service Charge.
The Service Charge is based upon a percentage of 20% + VAT (unless otherwise agreed) of the Full Booking Fee of each Booking of each Boat or Listing that you list and post on the Website. The Service Charge is deducted from the first pay out to you as a Boat Owner.
The Boat Owner and the Renter acknowledges and agrees that the Service Charge is non-refundable in all circumstances once the Free Cancellation Period ends, excluding the cases described in this Agreement.
Payments Any monies received by the Service Provider from Renters for Bookings made on the Website shall be held by the PSP, subject to a conditional obligation to transfer or account for such monies to Boat Owners less the Service Charge. The amount equal to the Full Booking Fee less the Service Charge is transferred by the PSP to the Boat Owner at the earliest one day after the Check-in Date, subject to the Cancellation and Modification Terms described in Section – 7 of this Agreement.
The Boat Owner has to have the Boat Delivery Document signed to Renter During the delivery of the Boat to the Renter on the day of check-in. The Boat Delivery Document should then be sent to the Service Provider via message, e-mail or mail. The Service Provider will not release any payments to the Boat Owner before it receives the Boat Delivery Document from the Boat Owner, excluding the cases stated herein, including but not limited to the cases where the Renter has cancelled a Booking or is not present during delivery.
As a Renter, if you cancel your Booking, the provisions and refund levels of Cancellation and Modification Terms described in Section – 7 of this Agreement will apply. Please note that refunds may not be provided at all as the case may be. In that respect, Renters are strongly advised to check the terms of each Booking prior to Booking Request. Furthermore, once the Free Cancellation Period is over, the Service Charge is non-refundable, excluding the cases described in this Agreement, and Service Provider is only obliged (provided it undertakes to do so) to refund a particular Renter with the Full Booking Fee minus the Service Charge subject to the Cancellation and Modification Terms.
On the Check-in Date, the Boat is delivered to the Renter by the Boat Owner. From this date forward, the Boat Owner is expected to issue the invoice for the Full Booking within 7 days and send it to the Renter. The Boat Owner is not required to send a copy of the invoice to the Service Provider upon the successful delivery of the rental service by the Boat Owner to the Renter. However, in certain cases, Service Provider is exposed to the risk of chargebacks where the Boat Owner is entitled to receive a payment under the terms of this Agreement but the rental service has not been provided by the Boat Owner to the Renter and related invoice is not presented to the PSP and issuing bank, upon their requests. To avoid this risk, the Boat Owner is required to make out an invoice and send a copy of the invoice to the Service Provider via message, e-mail or mail for the following cases: (i) In case the Booking is cancelled after the Free Cancellation Period is over but before the Long Stop Date, the Boat Owner should make out an invoice for 50% of the Full Booking Fee within the five (5) days that follows the Long Stop Date. (ii) In case the Booking is cancelled after the Long Stop Date, the Boat Owner should make out an invoice for the Full Booking Fee within the five (5) days that follows the day of cancellation. (iii) In case the Renter does not take delivery of the Boat on the Check-in Date, the Boat Owner should make out an invoice for the Full Booking Fee within the five (5) days that follows the Check-in Date. If the Boat Owner does not make out an invoice for the aforementioned cases, the Boat Owner’s right to receive any sort of payment under the terms of this Agreement terminates and the Service Provider makes out an invoice for the respective amount and send it to the Renter.
If the Service Provider offers a promotional campaign, discount or any other offering to the Renters, the Service Provider and the Boat Owner are both liable and amounts and percentages are decided by the Service Provider at its sole discretion.
The Renter undertakes to keep the Service Provider and its employees, agents, representatives and affiliates, indemnified against all actions, claims, costs, expenses, including legal costs and legal expenses against any loss, damage or liability (whether criminal or civil) suffered by the Service Provider resulting from any act or default of the Renter or his employees or agents or breach of any of these Terms & Conditions.
Currency Any and all payments are made in Booking Currency. If the Listing Currency offered in the Listing is different than the Booking Currency, then the Listing Currency is converted to Booking Currency at the time of payment.
In any and all payments and refunds to be made by the Service Provider, the Booking Currency equivalent of the payment received on the Booking or Booking Request date is taken as basis. The Service Provider is not responsible for any change in the exchange rates.
For the Boats listed in Turkey, Booking Currency is TL whereas Listing Currency is Euro. The Euro prices in the Listings are converted into TL based on the foreign exchange rate of the European Central Bank in effect at the date of payment.
For the avoidance of doubt, the Members make any and all payments in TL equivalent of the Euro in effect on the date of payment for the Boats listed in Turkey.
In any and all payments and returns to be made by Viravira, the Booking Currency equivalent of the payment received on the date of Booking or Booking Request will be taken as basis. Viravira will not be responsible for any change in the exchange rates.
Rounding Off Viravira may, in its sole discretion, round up or round down amounts that are payable from or to Renters or Boat Owners to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest TL, Euro or other supported currency); for example, Viravira will round up an amount of TRY101.50 to TRY102.00, and round down an amount of EUR101.49 to EUR101.00.
7. CANCELLATION AND MODIFICATION POLICY
When a Boat Owner creates a Listing, he must specify the cancellation and modification status of that particular Listing by choosing either one of the Cancellation and Modification Options set by the Service Provider.
All the dates with regards to booking process and Cancellation and Modification Options are determined by the local time of the Boat unless otherwise stated in the Agreement.
Each Boat or Listing posted on the Website can only be subject to either one of the below Cancellation and Modification Options:
Option – 1: Flexible Booking A Flexible Booking can be cancelled with 100% refund within 3 days after the Booking Confirmation and with a 50% refund up until 3 days prior to the Rental Period (Long Stop Date). As of Long Stop Date, reservation becomes definite with no refund in case of a cancellation, (if any) the ongoing free cancellation right terminates, (if any) credit card provision is removed and the Full Booking Fee is charged.
Option – 2: Semi-Flexible Booking A Semi-Flexible Booking can be cancelled with 100% refund within 3 days after the Booking Confirmation and with a 50% refund up until 7 days prior to the Rental Period (Long Stop Date). As of Long Stop Date, reservation becomes definite with no refund in case of a cancellation, (if any) the ongoing free cancellation right terminates, (if any) credit card provision is removed and the Full Booking Fee is charged.
Option – 3: Strict Booking A Strict Booking can be cancelled with 100% refund within 3 days after the Booking Confirmation and with a 50% refund up until 14 days prior to the Rental Period (Long Stop Date). As of Long Stop Date, reservation becomes definite with no refund in case of a cancellation, (if any) the ongoing free cancellation right terminates, (if any) credit card provision is removed and the Full Booking Fee is charged.
Option – 4: Super Strict Booking A Super Strict Booking can be cancelled with 100% refund within 3 days after the Booking Confirmation and with a 50% refund up until 30 days prior to the Rental Period (Long Stop Date). As of Long Stop Date, reservation becomes definite with no refund in case of a cancellation, (if any) the ongoing free cancellation right terminates, (if any) credit card provision is removed and the Full Booking Fee is charged.
Modifying a Booking by changing the date, the Boat or Listing preference is not possible. In that case, the Renter must cancel his Booking and make a new Booking Request for the desired Boat or Listing.
If, as a Boat Owner, you cancel a confirmed Booking, you agree that Service Provider may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee. In this case, the Boat Owner shall be aware that the Renter attached to the cancelled Booking will have the right to post his/her reviews on the Website and may negatively impact the overall ranking of the Boat Owner by doing so. In case a Boat Owner cancels a particular Booking, the Full Booking Fee will be fully refunded to the Renter. The amount equal to the Service Charge applying to that particular Booking will be charged to the particular Boat Owner during the next Booking he/she receives. In that case, the payment to be made to Boat Owner for the next Booking following the cancelled Booking will be Full Booking Fee less the Service Charge less the Service Charge applying to the previously cancelled Booking and/or Bookings.
If a Boat Owner cancels a confirmed Booking, the Service Provider, at its sole discretion, may help the Renter find a new Boat but has no obligation whatsoever to provide a replacement Boat to the Renter or offer a make-up option for the cancelled Booking.
If the Renter is not present on the Check-in Date to take delivery of the Boat without a cancellation, the Service Provider charges the Full Booking Fee to the Renter, which is transferred to the Boat Owner after deducting the Service Charge. No fee is refundable to the Renter.
In case of a Boat Owner failing to deliver the Boat, the Service Provider returns the Full Booking Fee to the Renter and helps the Renter in finding a new Boat with similar features. The Service Charge, which would have been charged by Service Provider to the Boat Owner, is deducted from the payments to be made to the Boat Owner for future Bookings.
In case of a late delivery of the Boat by a Boat Owner to a Renter, the Boat Owner and the Renter try to solve the problem among themselves. In the absence of an agreement, the Renter contacts and informs the Service Provider. In case of a delay in delivery that exceeds four (4) hours, the Renter has the right to cancel the Booking and get a refund of the Full Booking Fee minus the Service Charge. Refunding the Service Charge to the Renter is at the sole discretion of the Service Provider. In case of refunding the Service Charge to the Renter, the Service Charge, which would have been charged by Service Provider to the Boat Owner, is deducted from the payments to be made to the Boat Owner for future Bookings.
In case of the Boat delivered not being the one whose details had been posted in the Listing, the Renter has the right to cancel the Booking without paying any cancellation fees. To benefit from this right, the Renter should send the Service Provider photographs that prove the claim that the Boat delivered does not match the listed Boat. If and when the Renter submits the necessary imagery supporting the mismatch, Service Provider, at its sole discretion, may help the Renter to find a Boat with similar features as the one desired. In case of the failure to find a new Boat, the Full Booking Fee minus the Service Charge is refunded to the Renter. Refunding the Service Charge to the Renter is at the sole discretion of the Service Provider. In case of refunding the Service Charge to the Renter, the Service Charge, which would have been charged by Service Provider to the Boat Owner, is deducted from the payments to be made to the Boat Owner for future Bookings.
This policy applies to information we collect about:
Members of the Website;
Boat Owners and Renters in our Services;
People who do business with Us;
Users of the Website;
The information we collect about you
When a Boat Owner, Renter and any person doing business with us requests our Services, we collect personal information from You, to the extent allowed by the applicable law, including but not limited to name, postal address, e-mail address, telephone number, credit card number, account number and expiry date.
How we will use the information about you: We gather information from you in order to process your registration, any Bookings you may make, and provide the Services requested. The relevant information is then used by us, PSP, our agents and/or sub-contractors for the provision of the Services in general.
We may also use aggregate information and statistics for the purposes of monitoring Website usage in order to help us to develop our Website and Services. This will not include information that may be used to identify you.
From time to time we may provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve our Services. We or PSP, our agents and sub-contractors may contact you by post, e-mail or telephone to ask you for your feedback and comments on our services.
We will use all reasonable efforts to safeguard your personal information. However you should be aware that the use of internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal information that is transferred from you via internet.
We may also obtain information about your online movements and use of internet. We do this by placing a cookie, which is a small file, on your computer’s hard disk. Cookies are used for several reasons:
To recognize you whenever you visit this Website
To speed up access to this Website (so you do not have to login each time)
To store your personal preferences
To build a profile about you
To better target our marketing and advertising campaigns
The vast majority of web browsers accept cookies. However, you can change your browser settings so that cookies are not accepted. If you do this, you may lose some of the functionality of this Website.
9. INTELLECTUAL PROPERTY
Service Provider respects copyright law and expects its users to do the same. Our policy includes the termination of Viravira Accounts of Members who infringe or are believed to be infringing the rights of copyright holders in appropriate circumstances.
The copyright of all material provided on the Website is owned by the Service Provider or by others. You as a Member acknowledge and agree that this Website contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Website, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of the Service Provider or its content suppliers or others and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The Service Provider does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this Website. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Service Provider or the copyright owner. However, you may print a copy of the information on this Website for your personal, non-commercial internal use or records. In so doing, you may not modify the materials and you agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give you any ownership rights in the information and terminates automatically if you breach any of these Terms & Conditions. If you make any other use of this Website, except as otherwise provided herein, you may violate copyright and other laws of the Republic of Turkey and/or copyright and other laws of other countries and may be subject to penalties.
Website may provide links to other Internet sites. The Service Provider is not responsible for the availability of such other sites and does not endorse and is not responsible or liable for any content, products or other materials available on such other sites. Links to external websites do not constitute the endorsement of the Service Provider to those sites or the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Furthermore, the Service Provider reserves its right to terminate any link or linking program at any time. The Service Provider does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that the Service Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by access to any of the third party sites linked to the Website, you do this entirely at your own risk.
You as a Boat Owner or as a Renter may enter into correspondence with or participate in promotions of advertisers promoting their products or services on the Website. You acknowledge and agree that in any such correspondence or participation, including the delivery of and the payment for goods and services; any terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and advertiser. The Service Provider shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence, participation or transactions.
You acknowledge that the Service Provider or its designee’s reserves the right to, and may (from time to time) monitor any and all activity or information transmitted or received through this Website. The Service Provider in its sole discretion and without further notice, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which the Service Provider deems inappropriate (such as that specified in above) or that violates these Terms & Conditions. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Website, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this Website will be prosecuted to the full extent of the law.
13. USER CONDUCT
Renters and Boat Owners agree:
Not to use the Website to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
Not to interfere or disrupt the Website or any networks connected to the Website;
Not to use any device, software or routine or attempt to interfere with the proper functioning of the Website or any functionality being offered by the Website;
Not to take any action that imposes an unreasonable or disproportionately large load on the Service Provider’s infrastructure;
Not to use the Website to collect or harvest personal information, including, without limitation, financial information, about other participants at the Website;
Not to impersonate any person or entity or falsely state or otherwise misrepresent the Boat Owners or Renters affiliation with a person or entity.
Not to use the Services, products, or downloads available at this Site for illegal purposes; and
To comply with all regulations, policies and procedures of networks connected to the Website.
14. SUSPENSION, TERMINATION AND DEACIVATION
You as a Boat Owner or as a Renter agree that the Service Provider may, at its sole discretion, deny your access to the Website and disable any login name and password associated with you for any reason, including, without limitation, if the Service Provider believes that you have violated or acted inconsistently with these Terms & Conditions. The Service Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Service Provider shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.
Members may deactivate their Viravira Account whenever they wish. In this case, the Member should refer to the deactivation section of the Website. If it exists, a Booking Request that had already been sent will be cancelled if the Booking Confirmation is not received or otherwise, the request for deactivation of the said membership will be realized following the date on which the Rental Period ends together with all consequences thereof. Deactivation of the membership will not remove the previously realized Bookings and the rights and obligations arising from the Agreement until the date of deactivation, as well as not having any effect thereon. Any and all rights and obligations arising from the previously realized Bookings and the Agreement, and the provisions (regarding compensations arising due to contradictions, final provisions, etc.), which should be in effect due to the nature thereof even if the Agreement has expired, will remain in effect. Deletion of the Viravira Account is not allowed.
If you choose to use the Services, you do so at your sole risk. You acknowledge and agree that Service Provider does not have an obligation to conduct background checks on any Member, including, but not limited to, Renters and Boat Owners, but may conduct such background checks in its sole discretion. The Services and Content are provided 'as is', without warranty of any kind, either expressed or implied.
Without limiting the foregoing, Service Provider explicitly disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement, and any warranties arising out of course of dealing or usage of trade. Service Provider makes no warranty that the Services, Content, including, but not limited to, the Listings or any Boats, will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Service Provider makes no warranty regarding the quality of any Listings, Boats, the Services or Content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Service Provider or through the Services or Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, including, but not limited to, any Boat Owners or Renters, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Service Provider.
You understand that Service Provider does not make any attempt to verify the statements of users of the Site or Services or to review or inspect any Boats. Service Provider makes no representations or warranties as to the conduct of users of the Site or Services or their compatibility with any current or future users of the Site or Services.
Even if the Service Provider acts as an intermediary of the Boat Owners for the purpose of accepting payments from Renters on behalf of the Boat Owners, Service Provider explicitly disclaims all liability for any act or omission of any Renter or other third party. Service Provider explicitly disclaims all liability regarding any taxes, fees or penalties Renters and Boat Owner are responsible to pay.
16. LIMITED LIABILITIES
THE SERVICE PROVIDER, AFFILIATES AND THEIR CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU AS A RENTER OR AS A BOAT OWNER.
THE SERVICE PROVIDER AND OR ITS DIRECTORS, AND/OR THEIR OFFICERS, AND/OR THEIR SERVANTS AND/OR THEIR AGENTS AND/OR THEIR SHAREHOLDERS SHALL NOT HAVE ANY LIABILITY IN CASE OF DEATH OR INJURY OR DAMAGES OR CANCELLATION OF BOOKINGS OR DELAYS CAUSED BY A BOAT OWNERS ACTS, OMISSIONS WHETHER NEGLIGENT OR OTHERWISE OR HOWEVER CAUSED.
THE SERVICE PROVIDER AND/OR THEIR DIRECTORS, AND/OR THEIR OFFICERS, AND/OR THEIR SERVANTS, AND/OR THEIR AGENTS AND/OR THEIR SHAREHOLDERS SHALL NOT HAVE ANY LIABILITY IN CASE OF DAMAGES, LOSS, ECONOMIC LOSS HOWEVER CAUSED TO A BOAT OR TO THE BOAT OWNER BY THE USERS OF THE WEBSITE.
You agree to hold Service Provider and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking or use of a Boat, (iii) creation of a Listing or (iv) the use, condition or rental of a Boat by you, including, but not limited to any injuries, losses, or damages of any kind arising in connection with or as a result of a rental, booking or use of a Boat.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Service Provider (i) via e-mail (in each case to the address that you provide) or (ii) by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
19. FORCE MAJEURE
The Service Provider will not be liable for any changes caused by natural disasters, threats of war, weather conditions, industrial or labor disputes or any similar event(s) beyond its control.
In the case when a Renter cannot sail due to a force majeure reason, the Full Booking Fee is returned to Renter after deducting the Service Charge. Whether to refund the Service Charge or not is at the sole discretion of the Service Provider. Should the force majeure in question be a circumstance such as breakdown of the Boat that could be avoided by way of selecting a different Boat, the Service Provider, at its sole discretion, may aid the Renter in finding a new Boat. If an alternative Boat is found, Service Charge of the initial Booking is deducted from the new Service Charge pertaining to the final Booking.
20. RIGHT OF WITHDRAWAL
Pursuant to the provisions of the Law No. 6502 on the Protection of the Consumers and the Regulation on Distant Contracts (i) the consumers have the right of withdrawal from the Agreement without showing any reason and without paying any compensation within fourteen (14) days as of the date on which the agreement is executed in the distant contracts regarding the service sale of the Service Provider the terms and conditions of which are determined under this Agreement. A notice indicating that the right of withdrawal is exercised should be communicated in writing or through data storage devices to the Service Provider within this duration. (ii) The consumers’ right of withdrawal will not apply for the agreements regarding (a) the goods prepared in the direction of the demands or personal requirements of the notice holder and/or user; (b) the delivery of the perishable goods or the products the expiration date of which may be exceeded; (c) the delivery of those goods the return of which is not appropriate with regard to health and hygiene from among the goods, the protective elements such as packaging, band, seal, parcel and the like of which are opened after the delivery thereof; (d) the goods which are mixed with other products after the delivery and which cannot be separated due to the nature thereof; (e) books, digital content and computer consumables the protective elements such as packaging, band, seal, parcel and the like of which are opened after the delivery and which are presented in material environment; (f) the delivery of the periodicals such as newspaper and journal other than those supplied within the scope of subscription agreement; (g) for the making use of spare time realized for the purpose of accommodation, transportation of goods, car rental, supply of food-beverage and entertainment and resting; (h) the services rendered in electronic environment or for the intangible goods instantly delivered to the notice holder and/or the user; (i) the services execution of which has been started upon approval of the notice holder and/or the user prior to the expiration of the right of withdrawal; and (j) the goods and services the price of which may vary depending on the fluctuations at the financial markets and which are not under the control of the seller or provider. (iii) If the right of withdrawal is exercised by the consumers, the seller or provider is obliged to return the total amount it has received and any and all valuable papers and similar documents putting the consumer under obligation within fourteen (14) days at the latest as of the date on which the notice of withdrawal is received without imposing any expense on the other party.
21. CONTROLLING LAW AND JURISDICATION
This Agreement shall be governed and construed and interpreted in accordance with the Laws in the Republic of Turkey and both parties submit to the jurisdiction of the courts of the Republic of Turkey.
BY ACCESSING THIS WEBSITE OR USING ANY SERVICE PROVIDED HEREIN YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET HEREIN THIS AGREEMENT, PLEASE EXIT THIS SITE.