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Governs all matters relating to the use of the platform, listings, and the booking process.
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 (DEFINED BELOW) COMPRISE AN ONLINE PLATFORM THROUGH WHICH BOAT OWNERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR BOATS (DEFINED BELOW) AND/OR VIRAVIRA EXPERIENCES (DEFINED BELOW) AND RENTERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK BOATS OR VIRAVIRA EXPERIENCES. 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 CHARTERER, 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, AND YOU ACCEPT AND REPRESENT THAT THE SERVICE PROVIDER IS NOT AND SHALL NEVER BE LIABLE IN THIS REGARD.
In this Agreement, the following words and expressions shall refer to the following:
"Advance Payment" refers to the payment made by the Renter to the Service Provider at the time of the Booking. Advance Payment is a certain percentage of the Booking Fee and varies from Boat to Boat (it is at the sole discretion of the Service Provider or – for certain Boats – a person to be determined by the Service Provider to determine such percentage).
"Remaining Payment" refers to the payment, equal to the difference between the Booking Fee and the Advance Payment, made by the Renter to the Service Provider until the Long Stop Date or at the Check-in.
"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 Protocol" refers to the document, which is drafted by the Service Provider and sent to the Boat Owner via electronic medium (or is made accessible via the Website or otherwise), and which needs to be 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 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) or provides Viravira Experiences and which posts his/her Listings on the Website for Booking by a Renter.
"Booking" refers to each particular booking of a Boat, Viravira Experience 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" refers to the moment when the Boat is delivered to the Renter by the Boat Owner in relation to an approved Booking Request.
"Check-out" refers to the moment when the Boat is delivered by the Renter to the Boat Owner at the end of the agreed period in relation to an approved Booking Request.
"Check-in Date" refers to the day the Boat is delivered to the Renter by the Boat Owner with regards to a confirmed Booking Request.
"Check-out Date" refers to the day 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.
"External Account" refers to the meaning ascribed to it in Section – 3 of this Agreement.
"Free Cancellation Period" refers to maximum of (unless otherwise stated) 3-day (72-hour) period starting with the Booking Confirmation and lasting up to the latest Long Stop Date.
"Full Booking Fee" refers to the total amount of Booking Fee and Extra Services Charge paid by the Renter for the services provided by the Boat Owner to the Renter in relation to a Booking.
"Booking Fee" refers to the fee agreed between the Boat Owner and the Renter for the services included in the price stated in the Listing by the Boat Owner. The Service Provider determines the Service Charge that it reflects to the Boat Owner on this amount. Some Boat Owners may include some extra service charges, such as fuel cost, cleaning fee, transit-log, captain and crew fees.
"Extra Services Charge" refers to the total amount of any compulsory and / or optional extra services fees such as, but not limited to, the fuel cost, cleaning, transit-log, captain and crew fees, which are not included in the Booking Fee and must be paid by the Renter directly to the Boat Owner at the Check-in.
"Listing" efers to (i) 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 food 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, and (ii) listings regarding the Viravira Experiences, which must always be subject to the Service Provider’s approval before being published on the Website.
"Viravira Experience" or "Experience" refers to the any and all kinds services (including in any case services regarding water sports, excursions, trips, etc.) to be provided by the Boat Owners, which shall be available for booking via the Website and be subject to the conditions regarding booking of Boats under this Agreement and which must always be subject to the Service Provider’s approval before being listed on the Website.
"Long Stop Date" refers to the date described in Section – 7 of this Agreement titled “Cancellation and Modification Policy”, which shall be determined in accordance with the Cancellation and Modification Options and the Check-in Date. As of the Long Stop Date the Booking becomes definite and in case of cancellations after this date, sums collected by the Service Provider shall not be returned or re-paid to the Renter.
"Member" refers to a real or legal entity that has registered an account using the Website by accepting the Terms & Conditions. For the avoidance of doubt, a Member can be a Renter or a Boat Owner (or within the framework of different bookings, both a Renter and a Boat Owner).
"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, member profile or other members’ profiles to be made available through the Website or Services, and all intellectual and industrial property rights with respect to these.
"Option" refers to the time slot allocated by the Boat Owner to the Renter to make payment in relation to a specific Booking Request. During this period, the Boat Owner reserves the Boat for the Renter and does not rent out it to anyone else.
"Customized Offer" means that the Boat Owner changes the price, date and / or other details in the Listing in relation to a specific Booking Request and sends this revised offer so that only the relevant Renter can see it.
"Payment Service Provider" or PSP refers to a third-party company offering payment-processing services for accepting payments, which company is or is to be selected by the Service Provider at the sole discretion of the Service Provider.
"Rental Period" refers to the time period starting with the Check-in (which has to happen/occur as per the Booking) and ending with the Check-Out (which has to happen/occur as per the Booking) of a confirmed Booking.
"Renter" refers to a Member who is an individual, or a legal entity who enters into a service relationship with a particular Boat Owner for the Booking of a Boat or and Experience and who has agreed to pay the Full Booking Fee.
"Service Provider" refers to Viravira Teknoloji ve Turizm AŞ, a company based in Turkey (4. Gazeteciler Sitesi Ülgen Sokak A2 Blok No:12 Levent Mahallesi Beşiktaş 34330 İstanbul / Turkey) with the Turkish “Mersis” number 0925051342600018.
"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 Experince through the Website, equal to 20% (unless any discount is unilaterally made by the Service Provider) of the Full Booking Fee, as a consideration for the provision of the Service. The Service Provider has the right to unilaterally lower or increase such percentage of 20% (or if any other percentage is mutually decided by the Service Provider and the Boat Owner, such percentage) for promotional or any other purposes at its sole discretion.
"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 upon Service Provider’s unilateral decision.
"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.
"Website" or "Site"refer to the online platform with the domain name http://www.viravira.co, mobile applications (without limitation, computer applications, applications for mobile phones and tablets and other applications are included), 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 or has the right to operate Boats and/or provide Experiences, with Renters seeking to rent such Boats and/or buy such Experiences, 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 with respect to using the Website by becoming a Member and benefiting from the Services explained herein via the Website 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 – at its sole discretion – unilaterally 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 http://www.viravira.co/en/termsofuse (the Service Provider may unilaterally change the internet address where the Terms & Conditions are announced/published). In addition, when using particular services on the Website, certain additional 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 or act as organizer, agent, or provider of boat rentals, crew placement services and/or other listings and/or services with respect to any boat (including – without limitation – the Boats defined herein). 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 tax liabilities attached to any Renter or any Boat Owner. In case the Service Provider is held liable for any tax liability of the Boat Owner, the Boat Owner must compensate any and all damages incurred by the Service Provider immediately.
Service Provider solely makes available the Website for Boat Owners and Renters to agree and arrange for a Booking of a certain Boat or a Listing and serves as an intermediary for the purpose of accepting payments from Renters on behalf of the Boat Owner, if necessary, and is responsible for transmitting such payments to the Boat Owner.
If a Renter requests a Booking of a Boat and uses a Boat, any agreement and legal relationship relating to the use of such Boat is established between the Boat Owner and the Renter, and it is understood that the Service Provider is not and will not be a party to such an agreement or legal relationship and will not be bound by the terms of such agreement or legal relationship.
Members aged under eighteen (18) will not be accepted as Renters or Boat Owners. The Member declares and represents and warrants to the Service Provider 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 represents and warrants to the Service Provider 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, Experiences and Listings and disclaims all liability in this regard to the maximum extent permitted by law. In other words, the Renters and Boat Owners accept, represent and warrant that the Service Provider is not liable or responsible for (i) the behaviours, acts and actions of Renters, (ii) the behaviours, acts and actions of the Boat Owners, (iii) the behaviours, acts and actions of other persons and Members using the Website and (iv) the contents of the Listings and any and all kinds of explanations, pictures and other contents in the Listings (for the avoidance of doubt, the word “behaviour” includes, without limitation, and any all kinds of declarations, explanations and expressions). In this context, if the Service Provider incurs any damages due to any behaviour of any Renter, Boat Owner, Member and other user of the Website and/or the Services, then such Renter, Boat Owner, Member and other user of the Website and/or the Services shall compensate the Service Provider for such damages immediately.
Service Provider and the Member agree that there is no disproportion of interests between 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 provisions are in compliance with the nature of the business and the consumer protection legislation.
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. The words "include” and “including” shall never be deemed to limit the contents but shall be understood as listing of examples.
By accepting these Terms & Conditions, each Boat Owner shall be deemed to have accepted the Viravira Payment Transfer Agreement (“Transfer Agreement”), a copy of which was sent by the Service Provider to the Boat owner via electronic medium or which was published by the Service Provider on the Site. If no Transfer Agreement is published on the Site and no copy of such agreement is sent to the Boat Owner, then the Boat Owner shall act as a prudent merchant and ask the Service Provider for a copy of such Transfer Agreement – before accepting these Terms & Conditions – and examine such copy. Otherwise, the Boat Owner shall be deemed to have automatically accepted the latest version of such Transfer Agreement. In case a version of the Transfer Agreement is published on the Site but the Service Provider has sent a different version of such agreement to the Boat Owner and this version is signed by the Service Provider and the Boat Owner, the version of the Transfer Agreement sent by the Service Provider to the Boat Owner shall be binding for the Boat Owner. For the avoidance of doubt, it will not be necessary for the Boat Owner to sign the Transfer Agreement so that such agreement becomes binding for the Boat Owner; the acceptance of these Terms & Conditions by the Boat Owner shall result in the fact that the Transfer Agreement becomes binding for the Boat Owner.
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, an "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 compensation 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, by accepting this Agreement, you give an irrevocable right to the Service provider to make and continue to make the SNS Content available on and through the Site even if an External Account or associated service becomes unavailable or the SNS terminates Service Provider’s access to such External Account. 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 of any legislation or any third party right and Service Provider is not responsible for any SNS Content (even if such content is published/announced on the Viravira Account, Viravira Account profile page or the Website in any way). The Member shall compensate the Service Provider for any losses incurred by the Service Provider due to 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 and the information on the Viravira Account profile page. Any person not wishing to provide this information cannot make any Booking, create any Listing or rent any boat or buy any other services via the Website. You may not have more than two (2) active Viravira Accounts, one customized for Viravira Boat Owners and one customized for Viravira Renters, unless Service Provider permits otherwise. 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(s) and your access to the Site and Services (i) if you create more than two (2) 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 acts, activities or actions taken or implemented via your Viravira Account, whether or not you have authorized such acts, activities or actions. You agree that you will immediately notify Service Provider of any unauthorized use of your Viravira Account. In case the Service Provider incurs any losses due to any act, activity or action taken or implemented via the Viravira Account of any Member, such Member has to immediately compensate the Service Provider for such lossses. The fact that any such act, activity or action is taken or implemented by a third person shall not affect the compensation obligation of the Member.
Create a Listing
As a Member with Boat Owner status, you may create Listings. Boat Owners who create a Listing are obliged to submit a variety of information about the Boat (owned by the Boat Owner, or used by the Boat Owner as per a right given to the Boat Owner to use such Boat) and/or Viravira Experience 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 in its sole discretion. Any Listing not approved by the Service Provider cannot be listed on the Website.
You acknowledge and agree that you are responsible for any and all Listings you post as a Boat Owner and all contents of such Listings and their accuracy. Accordingly, you represent and warrant to the Service Provider 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 or infringe 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 in its sole discretion.
When listing a Boat, the Member shall provide the Service Provider with proof of ownership of the Boat or authorization to rent the Boat, and all licenses, authorizations, insurances, and other documentation required by any applicable law.
When listing an Experience, the Member shall provide the Service Provider with all licenses, authorizations, insurances, and other documentation required by any applicable law to provide such services.
The Boat Owner warrants, declares to the Service Provider and the Renters and undertakes that:
It is the legal and beneficial owner of the Boat and the Listings and/or it has been properly and duly authorized to use the Boat, to rent out 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/or provision of Experience 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 or Experiences corresponds and belongs to the Boat or Experience which will be booked by the Renters of the Website and any information in connection to the Boat or Experience is true and correct.
It has substantial knowledge of and expertise in providing his services to the Renters and maintains high quality of services and 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 (I) the Services, (ii) the Rental Period and (iii) 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 on the Website and the business of the Service Provider.
No (I) allegations, (ii) claims or investigations (iii) lawsuits or execution proceedings have or are being initiated, 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.
This Agreement contains provisions to the benefit of third parties and the Renter can request from the Boat Owner the performance of any obligation the Boat Owner has towards such Renter or the Renters in general.
Content of a Listing
As a Boat Owner you acknowledge and agree that you are solely responsible for each and all of Boats, Experiences and your Listings on the Website and their contents. You acknowledge and agree that Listings will be made publicly available via the Services provided. Other Members will be able to book your Boat or Experience 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, Experiences and Listings that are posted on the Website. Such license and right includes but is not limited to allowing the Service Provider to make use of such Content and all other information provided by the Members, 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 or stop to display any content including without limitation (I) any 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 other Member Content, and/or (ii) uploads by the Boat Owner that are or could be, as per the opinion of the Service Provider, illegal or do or could – as per the opinion of the Service Provider – violate Service Provider’s Terms & Conditions or the applicable law and (iii) all other Member Content.
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 or legislation.
The Boat Owners acknowledge in advance that the Service Provider does not promise any success, income or profit. Additionally, the Service Provider does not represent or warrant to any Boat Owner that such Boat Owner will enter into legal relationship regarding boat rentals or find customers / renters or earn money or obtain an income or profit, in case such Boat Owner posts a Listing on the Website.
Through the Website, the Members have the opportunity to search and view available Listings, including but not limited to information in connection with the Boats and Experiences 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. In this respect, any and all responsibility and liability with respect to any Listing belongs to the Boat Owner who has created such Listing, and the Service Provider does not represent or warrant to the Members that any expression or information in any Listing is true or correct.
Availability Confirmation, Customized Offer and Option
Boat Owners are free to adjust the availability and price of their Boats and Experiences, 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 via Customized Offer, provide Option to receive payment, earn reviews for their services, and many more, subject to these Terms & Conditions (in other terms, to the extent allowed by these Terms & Services).
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 of the planned Rental Period and, optionally, type in a message in the request box opened on the Boat page. 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 on the terms agreed upon, confirm availability regarding the required dates, provide Option for payment or decline the requests.
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 providing support for establishment of contact between the Boat Owner and the Renter via routine operation of Website. The Service Provider shall not be responsible for the non-performance or exact and compliant performance of those services and other issues that are agreed between the Boat Owner and the Renter. Each Boat Owner remains responsible and liable (before the Service Provider and the Members) at all times for the accuracy, completeness and correctness of all information (including the rates and availability) displayed in the Listing such Boat Owner has published 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. The only obligation of the Service Provider is to act as a platform for supporting – as described herein – the Members who are in the status of Boat Owners and Renters in coming together for the purpose of Booking a Boat or a Viravira Experience detailed via a Listing. In the event that any Renter and Boat Owner agree on the Booking of the Boat or Experience in the Listing created by the Boat Owner, a distant sales agreement ("DSA") is deemed to be established between the parties in accordance with the Terms & Conditions. The DSA in question will be established between the relevant Renter and the relevant Boat Owner, and the Service Provider will not be a party to the DSA.
Through the Website a Renter can send a Booking Request for a specific 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, notification or Website (with one or more of these methods as per the free determination of the Service Provider).
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 or the Booking Request may be automatically cancelled. If the time between the Check-in Date and the time the Booking Request sent is less than 24 hours, the Boat Owner is required to accept or reject the Booking Request until the beginning of the Check-in Date (00:00).
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 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 and at the same time, the DSA is established between the Renter and the Boat Owner (as there is the offer of the Renter and the acceptance of the Boat Owner) (the obligations of the Boat Owner regarding the execution of the DSA in writing and in accordance with the relevant legislation is reserved). The approval of the Booking Request is legally the acceptance of the binding offer of the Renter. When you confirm a Booking Request, Service Provider will inform you and the Renter via e-mail, text message, notification or Site.
The Boat Owner can provide an Option for the Member prior to payment at its sole discretion. In this special case, no further Booking Confirmation is required, and with the payment, the DSA becomes established between the Renter and the Boat Owner. The Boat Owner determines how long the Option will remain in effect.
The Boat Owner and the Renter, at their sole discretion, can re-approve the DSA in writing (if as per the legislation the DSA has to be made in writing, then the Boat Owner has to procure that the DSA is executed in writing). Service Provider will not be a party to 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 for the establishment of the DSA. The Boat Owner may ask the Renter to sign a charter contract. Unless otherwise stated 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 in the status of a Renter, you acknowledge and understand and represent and warrant 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.
You acknowledge and agree that, as a Boat Owner, you are responsible for your acts and omissions. As a Boat Owner, you accept and acknowledge that the Service Provider may publish, on the Website, or via other channels or mediums, the experience of customers, customer reviews, and other information related to you.
FEES AND PAYMENT
Full Booking Fee
The Renter acknowledges and agrees to pay the Full Booking Fee as displayed in Boat Owner’s relevant Listing on the Website if he decides to book a Boat or an Experience of a Boat Owner via the Website.
The Boat Owner will be responsible for determining the Full Booking Fee regarding each Listing and for indication of the Full Booking Fee in or with respect to the Listing in accordance with the applicable legislation regarding protection of consumers. All Boat Owners understand and agree and represent and warrant (to the Renters and the Service Provider) in advance that once a Renter requests a Booking of a Boat or an Experience, the Full Booking Fee and its components set for such Booking may not be increased. The only exception to this rule is the Bookings made shorter than the minimum booking period. In this particular case, the Booking Fee per day can be increased but the total Booking Fee cannot exceed the minimum booking period Booking Fee.
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. If payment is made by credit card, this card may be provisioned (as high as the whole Booking Fee) or stored before the Booking Request is completed. The amount equal to the Advance Payment will be fully charged or blocked at the time of Booking Request. If credit card information is stored but payment is not received or credit card is provisioned, prepayment will be received at the time of Booking Confirmation. In case the payment shall be made by debit card or any other payment method other than credit card, Advance Payment will be charged at the time of Booking Request. In the event that the Advance Payment cannot be collected, the Service Provider has the right to act as if the Booking is not completed and also to cancel the Booking at any time without creating any compensation obligation for itself or the Boat Owner.
The Boat Owner has two options for the timing of the Remaining Payment: The Remaining Payment may be collected via the Site until the Log Stop Date or directly at the Check-in by the Boat Owner (If the Remaining Payment has to be collected via the Site until the Long Stop Date, and the Remaining Payment is not collected in due time, then the Boat Owner may cancel the Booking; in such case, any sums paid by the Renter for the Booking (Advance Payment and other payments, if any) will not be refunded to the Renter, and the Renter shall not have any right to claim anything from the Boat Owner or the Service Provider, including – without limitation – any rights stipulated under this Agreement / Terms).
In the event that the Long Stop Date is reached or exceeded when the Booking Request is submitted and Boat Owner chooses to receive the Remaining Payment as of Long Stop Date, all of the Booking Fee is to be paid during the payment process explained above. (In the event that the Booking Fee cannot be collected during the submission of the Booking Request, such submission will not be completed or accepted by the Website, and even if it is accepted or completed, it shall be cancelled at a later time). If the period between the time the Booking Request is sent and the Check-in Date is more than 24 hours, the Boat Owner has 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 Check-in Date (00:00). 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 collected 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 by 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. In such case (i.e. if within the course of this Free Cancellation Period, the Renter withdraws the confirmed Booking), then: If, during Booking Request, the Renter had chosen to make the payment with:
Credit card, (i) if the card is charged in the amount of the Advance Payment, such payment will be repaid to the Renter, and (ii) if such amount is blocked instead of charged, then the blocked amount of Advance Payment will be released.
Other methods, the charged amount of Advance Payment will be refunded.
If at the end of the Free Cancellation Period the Renter takes no action (including – without limitation – if the Renter does not withdraw the Booking):
Free cancellation right is lost in an irrevocable way.
Boat Owner becomes responsible for providing the service referred to in the Booking Confirmation.
From this moment on, the Booking can only be cancelled if and as allowed by/under the Cancellation and Modification Terms.
The Boat Owners and the Renters agree and represent and warrant that in the event it concludes a Booking with a Renter as a result of using the Website and Services (in other words, in the event that the Booking Confirmation is given by the Boat Owner, or, in case of an Option is requested, then upon payment by the Renter), then, in consideration of the use of the Website and the Services, the Service Provider shall earn and charge the Service Charge. The Renters and Boat Owners acknowledge that the Booking Fee that is posted on the Website must and shall deemed to be inclusive of the Service Charge.
The Service Charge is based upon a percentage of 20% (unless otherwise indicated by the Service Provider on the Website) of the Booking Fee of each Booking of each Boat or Experience that you list and post on the Website. The Service Charge is deducted and collected from the pay outs 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.
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 such monies to Boat Owners less the Service Charge. Monies collected by the Service Provider (equal to the Advance Payment or the Booking Fee, depending on the case) less the Service Charge is transferred by the PSP to the Boat Owner at the latest 5 working days after the Check-out Date, subject to the Cancellation and Modification Terms described in Section – 7 of this Agreement.
Service Provider, may request Boat Owner to sign the Boat Owner Service Contract annexed to this Agreement and send its original copy via mail and an image or a copy of it via e-mail or message if (i) the Service Provider transfers the monies collected from a Renter, in relation to a certain Booking, to the Boat Owner, before the Boat Owner provides the services agreed upon in the Booking Confirmation or, (ii) the Service Provider deems it to be necessary, at its sole discretion.
The Boat Owner has to have the Renter to sign Boat Delivery Protocol on the Check-in Date. A copy or a readable image/photo of the Boat Delivery Protocol should then immediately be sent by the Boat Owner to the Service Provider via message, or e-mail and the original of the Boat Delivery Protocol shall be delivered to the Service Provider within 5 (five) days as of the Check-out Date at the latest.
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 obligated to check the terms of each Booking prior to Booking Request (including, without limitation, the Cancellation and Modification Terms). Furthermore, once the Free Cancellation Period is over, the Service Charge is non-refundable, excluding the exceptional cases described in this Agreement, and Service Provider is only obliged to refund a particular Renter with the payments made minus the Service Charge only if foreseen by the Cancellation and Modification Terms (except for the cases where the Service Provider does resolve to do otherwise at its own and free discretion).
On the Check-in Date, the Boat is delivered to the Renter or services related to the Experience begin to be provided 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. 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 services agreed upon 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 send a copy of the invoice issued for the payments made by the Renter to the Boat Owner, to the Service Provider via mail in three (3) days and also send its copy via message or e-mail as soon as possible for the following cases: (i) the Booking is cancelled or the Renter does not show up on the Check-in Date, (ii) the Renter makes or initiates or sends any complaint, claim, notification / warning letter, any execution proceeding or lawsuit with respect to the Boat, Experience or the Boat Owner. If the Boat Owner does not send a copy of the invoice to the Service Provider for the aforementioned cases, the Boat Owner’s right to receive any sort of payment under the terms of this Agreement terminates and Boat Owner shall refund the payments made by the Renter to the Service Provider upon initial request, in order to cover any possible chargeback request.
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. In this framework, as an example, if the Service Provider decides that all Booking Fees in a specific time period shall be subject to a discount of 10% (ten per cent), then the Service Provider shall decide what percentage of such 10% (ten percent) shall be compensated from the Booking Fees and what percentage of such 10% (ten percent) shall be compensated from the Service Charge. In this context, the Service Provider may decide that no part of the discount shall be compensated from the Service Charge. In any case, the Boat Owner reserves the right not to accept any Booking Request.
The Boat Owner 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 Boat Owner or his employees or agents or breach of any of these Terms & Conditions.
Authorisation Regarding Payment
With respect to (and limited to) the collections and refunds regarding the Transfer Agreement, the Boat Owner agrees in advance to appoint the Service Provider to act as an authorized representative acting by proxy. Any and all transactions to be made by the Service Provider or the persons authorized by the Service Provider shall be accepted by the Boat Owner as made in representation of the Boat Owner.
Upon the payment of to the Service Provider by the third-party company/companies who has/have been appointed by the Service Provider for acting as the intermediary for the fund flow (i.e. Payment Service Provider or PSP), or the collection of the relevant sum by the Service Provider itself, the payment obligation of the Boat Owner to pay the Service Fee is fulfilled.
In this context, in case third-party PSPs are used, with the payment by the third-party PSPs to the Service Provider and the registration to such PSPs’ records that relevant funds are transferred, the relevant payment obligation of the third-party PSPs shall be fulfilled and the Boat Owner shall not claim anything from such third-party PSPs in this regard, or shall not claim any right with respect to such payments.
With respect to the currency, the following terms have the following meanings under this Agreement:
"Booking Currency" refers to 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.
"Base Currency" refers to the currency selected by the Boat Owner while listing a Boat or an Experience. The Service Provider provides a certain number of currencies as Base Currency based on the dynamics of the market and location of the Boat. In the event that the Listing Currency and Booking Currency and the Base Currency differ, the Booking Fee is converted to the others with the current exchange rate (the Service Provider determines, at its sole discretion, which exchange rate shall be applied). Extra Services are always paid in Base Currency. In case the Advance Payment and Remaining Payment are received at different moments, the Remaining Payment will be calculated and/or held as the Base Currency and if the payment is not made face to face, it will be converted to the Booking Currency with the current exchange rate at the time of payment. If the payment is made face to face, such payment shall be made in the Base Currency. However, if the Boat Owner accepts, the payment may be made in another currency, and in such case the exchange rate agreed upon by the Boat Owner and the Renter shall be applied (if there is any conflict on which exchange rate is agreed upon, then the Service Provider shall determine, at its sole discretion, which exchange rate shall be applied, and such exchange rate shall be binding for both the Renter and the Boat Owner).
"Listing Currency" refers to the currency in which the Booking Fees of the Boats or Experiences listed in the search panel and is selected by the Renter among the alternatives offered. The Booking Fee determined by the Boat Owner in Base Currency is converted to the Listing Currency with the current exchange rate on the search panel and on the Listing page.
"Euro" refers to the official currency of the European Union. Within the scope of this Agreement, the Service Provider will determine, at its own discretion, which exchange rate will be used for calculating the TL equivalent of the Euro.
Any and all payments are made in Booking Currency. If the Base Currency, in which the Boat’s Booking Fee is stored in the Website, is different than the Booking Currency, then the Base Currency is converted to Booking Currency at the time of payment.
The Members agree and acknowledge in advance that the Service Provider may limit the options for the Booking Currency and the Base Currency (i) for any Listing in general, and/or (ii) in accordance with the qualities and/or specific details regarding the Boat Owner or the Renter publishing or viewing a Listing, and/or (iii) freely at its sole discretion. The Boat Owner is responsible for the compliance of the Base Currency she/he chooses with the legislation of the respective country, and if the Base Currency selected for any Boat or Experience is in violation of the relevant country's legislation, the Boat Owner will deal with all processes that may arise from this violation, hold the Service Provider harmless in that regard, and compensate for all damages / losses suffered by both the Renter and the Service Provider.
In any and all payments and refunds to be made by the Service Provider, upon the free determination of the Service Provider, the Booking Currency equivalent of the payment received on the Booking date or Booking Request date is taken as basis. The Service Provider is not responsible for any change in the exchange rates.
Users can view the Booking Fee of any Boat or Experience in any of the Listing Currency alternatives provided by the Service Provider on the Website.
Service Provider may, in its sole discretion, round up or round down amounts that are receivable or 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 may round up an amount of TRY101.50 to TRY102.00, and round down an amount of EUR101.49 to EUR101.00.
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 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 this Agreement. In that regard, all Renters and Boat Owners agree, represent and warrant in advance that they will take the local time of the Boat into consideration.
An Advance Payment is made by the Renter at the time of Booking. After the Boat Owner's Booking Confirmation, the Booking can be cancelled free of charge for 3 (three) days (in other words within the Free Cancellation Period) (In the event that there are less than 3 (thee) days left before the Long Stop Date, the free cancellation can be made until the Long Stop Date). Advance payment is not refunded for cancellations made after the end of such Free Cancellation Period. The Remaining Payment must be made until the Long Stop Date unless otherwise stated by the Service Provider. In any case, as of Long Stop Date, Booking becomes definite; no refund made in case of a cancellation; (if any) the ongoing free cancellation right terminates.
Each Listing posted on the Website can only be subject to either one of the below Cancellation and Modification Options:
Flexible Booking: Long Stop Date is 3 (three) days prior to the Check-in Date.
Semi-Flexible Booking: Long Stop Date is 7 (seven) days prior to the Check-in Date.
Strict Booking: Long Stop Date is 14 (fourteen) days prior to the Check-in Date.
Super Strict Booking: Long Stop Date is 30 (thirty) days prior to the Check-in Date.
Service Provider may offer a new Cancellation and Modification Option to Boat Owners, even if it is not specified in this Agreement. To be valid and binding, it is sufficient for the New Cancellation and Modification Option to be made available on the Site.
Modifying a Booking by changing the date, the Boat, the Experience or Listing preference is not possible. In that case, the Renter must cancel her/his Booking and make a new Booking Request for the desired Boat or Experience.
If, as a Boat Owner, you cancel a confirmed Booking, fail to deliver the Boat or does not provide the services related to an Experience, you deemed to cancel the Booking and agree that (i) Service Provider may impose sanctions to You or your Listing, including publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) you shall keep the calendar for your Listing unavailable for the dates of the cancelled Booking and the Service Provider may do the same and keep the calendar for your Listing unavailable, (iii) you will be obligated to refund the Advance Payment, Remaining Payment, Booking Fee and any and all other payments you have received, (iv) as you have breached the DSA, the Renter may use all her/his rights arising from the DSA and the law, and (v) the Renter has the right to post his/her reviews on the Website and this may negatively impact your overall rating.
If the Service Provides wishes, at its sole discretion, to do so, the amount equal to the Service Charge applying to that particular cancelled Booking will be (i) charged to and deducted from the particular Boat Owner during the next Booking such Boat Owner receives (In that case, the payment to be made to Boat Owner for the next Booking following the cancelled Booking will be Booking Fee less the Service Charge less the Service Charge applying to the previously cancelled Booking and/or Bookings), or (ii) paid in cash immediately to the Service Provider by the Boat Owner.
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, without a cancellation, no fee is refundable to the Renter, and all payments made are deemed to be collected as cancellation fee.
For the avoidance of doubt, if the Remaining Payment has to be collected via the Site until the Long Stop Date, and the Remaining Payment is not collected in due time, then the Boat Owner may cancel the Booking; in such case, any sums paid by the Renter for the Booking (Advance Payment and other payments, if any) will not be refunded to the Renter, and the Renter shall not have any right to claim anything from the Boat Owner or the Service Provider, including – without limitation – any rights stipulated under this Agreement / Terms.
In case of a late delivery of the Boat or services related to an Experience 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 shall contact and inform 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 payments made via Website 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 – if the Service Provides wishes, at its sole discretion, to do so – deducted and collected from the payments to be made to the Boat Owner for future Bookings. However, if the Service Provider wishes, at its sole discretion, then the Boat Owner shall immediately pay the Service Charge with respect to such cancelled Booking to the Service Provider in cash.
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 shall send the Service Provider photographs that prove the claim that the Boat delivered does not match the listed Boat (The Boat Owner accepts, represent and warrants in advance that the photographs to be sent to the Service Provider by the Renter and other documents and records of the Renter shall be binding for the Boat Owner). 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 payments made via Website 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 and collected from the payments to be made to the Boat Owner for future Bookings. However, the Boat Owner shall immediately pay the Service Charge with respect to such cancelled Booking to the Service Provider in cash, if the Service Provider wishes, at its sole discretion.
For the avoidance of doubt, for the refund of the payments made via the Website and paid to the Boat Owner, such sums shall firstly be repaid to the Service Provider by the Boat Owner.
This rules on the privacy in this Agreement apply 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 your information:
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.
When you use the Website, we may collect information about your computer, such us your IP address and/or browser, which we will use for administration purposes and statistical analysis. Usually, this information will not identify you personally.
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.
INTELLECTUAL AND INDUSTRIAL 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 or other intellectual or industrial property rights of right holders in appropriate circumstances.
The copyright and ownership of all visuals, contents, texts, pictures, videos, software and other elements provided on the Website is owned by the Service Provider or by third parties. You, as a Member, acknowledge and agree that this Website contains proprietary information or other elements that are protected by applicable intellectual property and other laws. You further acknowledge and agree that contents 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 third parties and are 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 materials, visuals, contents, texts, pictures, videos, software and other elements or other intellectual property, by placing them on this Website. Furthermore, except as stated herein, none of the materials, visuals, contents, texts, pictures, videos, software and other elements 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. If you, as a Member, breach this clause 9 in any way, for each breach you will be obligated to pay to the Service Provider a contractual penalty of TRY 100,000.- in addition to the performance of your obligations.
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 or contact with or participate in promotions or campaigns 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, whenever they wish) monitor any and all activity or information transmitted or received through this Website. All Members and users of the Website accept, represent and warrant that they authorize The Service Provider for such monitoring and access in advance and in an irrevocable way. 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 or that may violate these Terms & Conditions according to the Service Provider, which is to be decided by the Service Provider at its sole discretion. During monitoring, information may be examined, recorded, copied, and used for purposes authorized by this Agreement. Use of the Website (any authorized or unauthorized use) constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this Website will be prosecuted to the full extent of the law, and all rights of the Service Provider arising from the Agreement and the law and other sources are reserved.
Renters and Boat Owners agree, represent and warrant:
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 the Website and the networks connected to the Website.
SUSPENSION, TERMINATION AND DEACTIVATION
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 or is convinced 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) (for a single Member, for several Members or for all Members) with or without notice. The Service Provider further reserves the right to terminate – at its sole discretion – any membership without being obligated to give or notify any reasons. 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 (i.e. in case of a confirmed Booking), 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 and after all relevant obligations end. 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 on the rights and obligations arisen in the past. Any and all rights and obligations arising from the previously realized Bookings and the Agreement, and the provisions, which should be in effect due to their nature thereof even if the Agreement has expired (including, without limitation, all clauses relating to the compensation obligation of the Boat Owners and the Renters, all clauses relating to intellectual and industrial property rights, and also, clause 15 – “Disclaimers”, clause 16 – “Limited Liabilities”, clause 21 – “Applicable Law and Jurisdiction”), will remain in effect. Deletion of the Viravira Account is not allowed.
In addition to all provisions in these Terms, the Service Provider may, at any time it deems appropriate and at its sole discretion and without being obligated to pay any compensation, shut down the Website and/or stop the Services, partially or completely (for a single Member, for several Members or for all Members).
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 or reference checks on any Member, including, but not limited to, Renters and Boat Owners, but may conduct such background and/or reference 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. The Service Provider does not represent or warrant to any Member, user of the Website or other person, any merchantability of any product or service, any obtainability of any income or profit, fitness of any product or service to any purpose, or compliance with law of any act or action or transaction or any infringement of any third party rights. Service Provider makes no warranty to any Member or any other person that the Services, Content, including, but not limited to, the Listings or any Boats or Experiences, 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, Experiences, 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 or obligation not expressly made herein.
You are solely responsible for all of your communications and interactions with other Users 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 or Services. 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 any Boat Owner or other third party, and the Service Provider shall never be responsible or liable for any action or omission of any Renter, Boat Owner or any other person. Service Provider explicitly disclaims all liability regarding any taxes, fees or penalties Renters and Boat Owner are responsible to pay, and the Service Provider is not responsible or liable to pay any taxes, fees or penalties, the Renters and the Boat Owner are responsible/liable to pay. Each Member represents and warrants to the Service Provider that such Member shall compensate any and all damages incurred by the Service Provider due to an action or omission or behaviour or negligence of such Member (including, without limitation, non-payment of any tax or other public debt, non-compliance with any obligation towards anybody, and missing performance of any obligation).
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 DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OR INFORMED 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 IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES INCURRED BY THE MEMBERS OR OTHER WEBSITE USERS. THE SERVICE PROVIDER IS NOT RESPONSIBLE OR LIABLE FOR ANY SUMS, THAT ARE TO BE PAID BY THE MEMBERS OR OTHER WEBSITE USERS TO ANY PERSON FOR ANY REASON.
THE SERVICE PROVIDER IS NOT LIABLE FOR ANY DAMAGE, CAUSED BY THE NEGLIGENCE OF THE SERVICE PROVIDER AND INCURRED BY ANY MEMBER OR ANY OTHER PERSON.
THE SERVICE PROVIDER AND OR ITS DIRECTORS, MANAGERS, BOARD MEMBERS, 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 AND DAMAGES CAUSED BY A BOAT OWNER’S ACTS, OMISSIONS WHETHER NEGLIGENT OR OTHERWISE OR HOWEVER CAUSED.
THE SERVICE PROVIDER AND/OR THEIR DIRECTORS, AND/OR THEIR MANAGERS, AND/OR THEIR BOARD MEMBERS 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 (IN THAT CONTEXT, THEY SHALL NOT BE LIABLE TO COMPENSATE SUCH DAMAGES, LOSS OR ECONOMIC LOSS).
You irrevocably agree in advance to hold Service Provider and its affiliates and subsidiaries, and their officers, directors, managers, board members, employees, representatives and agents, harmless from and against any claims, liabilities, damages, losses, and expenses (including, without limitation, legal costs, lawyers’ costs 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 of a Boat or an Experience, (iii) creation of a Listing or (iv) the use or condition of a Boat, including, but not limited to any injuries, losses, or damages of any kind arising in connection with or as a result of Booking of a Boat or an Experience.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be shared by Service Provider (i) via e-mail (in each case to the e-mail 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. By using this Website, you represent and warrant to the Service Provider that you will follow and be aware of the announcements on the Website.
The Service Provider will not be liable for any changes caused by natural disasters, threats of war, acts of terrorism, any and all kinds of political events, weather conditions, administrative decisions and orders, any epidemics, travel bans and restrictions, industrial or labour disputes or any similar event(s) beyond its control. Each and all events listed in this paragraph shall constitute a force majeure event. The party who cannot perform its obligations due to the force majeure shall not be held liable due to the delay or non-performance of its obligations.
With respect to the case where a Renter cannot sail due to a force majeure reason, Boat Owner offers, as a general rule, one of these alternatives to the Renters: (i) All the payments made by the Renter, including but not limited to Advance Payment, Remaining Payment and Booking Fee minus Service Charge are returned to the Renter by the Boat Owner, (ii) The Booking is postponed to a later date in accordance with rules explained below, (iii) Upon the discretion of the Renter, all the payments made by the Renter, including but not limited to Advance Payment, Remaining Payment and Booking Fee minus Service Charge are returned to the Renter by the Boat Owner or the Booking is postponed to a later date in accordance with rules explained below. Within the framework of options numbered (ii) and (iii) above, the Booking shall be postponed to a later date as follows: The Renter shall choose one of the available dates proposed by the Boat Owner, which dates shall be within the two following seasons. The Boat Owner shall propose at least 6 different dates to the Renter. While proposing different dates, the Boat Owner shall take into consideration in which months the Boat should have been rented as per the initial Booking (“Booking Months”). In this framework, at least 2 of such dates proposed by the Boat Owner shall be within the Booking Months within the 2 following seasons (for example, if the Booking is initially made for July, then 2 of the proposed dates shall be within any month of July within the following 2 seasons). In the event that the Boat Owner fails to propose alternative dates in accordance with rules indicated above, then payments shall be refunded to the Renter as explained above. In the event that the Boat Owner does not choose one of such alternatives via its “account page”, then the alternative numbered “(iii)” shall automatically be deemed to be chosen by the Boat Owner. Whether to refund the Service Charge or not is at the sole discretion of the Service Provider. In case of postponement of the Booking, the Booking Fee and other fees/charges might change. The difference between the original fees/charges and the fees/charges applicable for the revised dates will be borne by the Renter.
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, payments made for the initial Booking is deducted and collected from the new Booking Fee pertaining to the final Booking. However, if the Service Provider wishes, at its sole discretion, then the Boat Owner shall immediately pay the payments made by the Renter with respect to such cancelled Booking to the Renter in cash.
RIGHT OF WITHDRAWAL
Pursuant to the provisions of the Law No. 6502 on the Protection of the Consumers and the Regulation on Distant Contracts, the consumers’ right of withdrawal will not apply for the agreements regarding (a) the goods prepared or customized for personal requirements of the user; (b) the delivery of the goods that may go bad quickly or may expire; (c) the delivery of the goods which are not appropriate to return due to health and hygiene concerns and whose protective elements such as packaging, band, seal, and parcel have been opened after the delivery; (d) the goods which are mixed with other products after the delivery and which cannot be separated due to their nature; (e) books, digital content and computer consumables which are presented in material environment and whose protective elements such as packaging, band, seal, parcel have been opened after the delivery; (f) the delivery of the periodicals such as newspaper and journal other than those supplied within the scope of subscription agreement; (g) services which shall be provided on a specific date or time period and for the purpose of, including but not limited to, accommodation, transportation of goods, car rental, supply of food-beverage, entertainment and resting; (h) the services rendered in electronic environment or the intangible goods instantly delivered to the user; (i) the services started to be provided upon approval of 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.
As the service provided by the Service Provider is one of the “services which shall be provided on a specific date or time period and for the purpose of, including but not limited to, accommodation, transportation of goods, car rental, supply of food-beverage, entertainment and resting”, the Members do not have any right of withdrawal with respect to the products and services they purchase through the Site (including, without limitation, all kinds of Boats and Experiences).
APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed and construed and interpreted in accordance with the Laws in the Republic of Turkey and all disputes arising from and with respect to the Agreement shall be exclusively settled by Istanbul (Central) Courts and Execution Offices.
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.
The English version of this Agreement is prepared for informative purposes only, and in case of any discrepancy or differences between the English and Turkish versions of this Agreement, the Turkish version shall be applied.
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