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 LISTING OWNERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR EQUIPMENT (DEFINED BELOW) AND/OR VIRAVIRA EXPERIENCES (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK EQUIPMENT OR VIRAVIRA EXPERIENCES. YOU UNDERSTAND AND AGREE THAT SERVICE PROVIDER (DEFINED BELOW) IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LISTING OWNERS AND GUESTS, NOR IS SERVICE PROVIDER A CHARTERER, EQUIPMENT LESSOR, BOAT BROKER, AGENT OR INSURER. SERVICE PROVIDER HAS NO CONTROL OVER THE CONDUCT OF LISTING OWNERS, GUESTS AND OTHER USERS OF THE SITE, AND SERVICES OR ANY EQUIPMENT, 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.

1. DEFINITIONS

In this Agreement, the following words and expressions shall refer to the following:

"Advance Payment" refers to the payment made by the Guest to the Service Provider at the time of the Booking. Advance Payment is a certain percentage of the Booking Fee and varies from Equipment to Equipment and from Experience to Experience (it is at the sole discretion of the Service Provider or – for certain Equipment – 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 Guest to the Service Provider until the Long Stop Date or at the Check-in.

"Agreement" refers to this Terms of Use Agreement, which is accessible at https://www.viravira.co/termsofuse and which can be unilaterally amended by the Service Provider at the sole discretion of the Service Provider. The Service Provider reserves the right to unilaterally change the internet address on which the Agreement is announced/shown.

"Boat" refers to a sailboat, motorboat, catamaran, or any other kind of sea vessel of a particular Listing Owner, which is eligible to be posted on the Website as an Equipment to be booked by Members.

"Equipment Delivery Protocol" refers to the document, which is drafted by the Service Provider and sent to the Listing Owner via electronic medium (or is made accessible via the Website or otherwise), and which needs to be signed by the Guest during Equipment’s delivery to the Guest on Check-in Date, proving that the Equipment has been delivered to the Guest and the Guest has benefited from the Services and the other services offered by the Listing Owner agreed on in the Booking Confirmation.

"Listing Owner" refers to a Member who must be beneficial owner of the Equipment(s), or properly authorized by the legal and beneficial owner of the Equipment(s), (and if the subject of the Listing is a Boat, then who is authorized by the beneficial and legal owner of the Boat) or who obtained an exclusive unconditional right for the use of the Equipment(s) or provision of the Experiences in accordance with the Listing (if the subject of the Listing is an Experience) and which posts his/her Listings on the Website for Booking by a Guest and bears the complete responsibility regarding his/her Listings on the Website.

"Booking" refers to each particular booking of an Equipment, Viravira Experience or other Listing that is made by a Guest, offered by a particular Listing Owner and posted on the Website.

"Booking Confirmation" refers to the formal acceptance by a Listing Owner, of a Booking made by a Guest.

"Booking Request" refers to the request made by the Guest 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 Equipment is delivered to the Guest by the Listing Owner (or if the subject of the Listing is an Experience, the moment when the provision of the Experience starts) in relation to an approved Booking Request.

"Check-out" refers to the moment when the Equipment is delivered by the Guest to the Listing Owner (or if the subject of the Listing is an Experience, the moment when the provision of the Experience ends) at the end of the agreed period in relation to an approved Booking Request.

"Check-in Date" refers to the day the Equipment is delivered to the Guest by the Listing Owner (or if the subject of the Listing is an Experience, the moment when the provision of the Experience to the Guest starts) with regards to a confirmed Booking Request.

"Check-out Date" refers to the day the Equipment is delivered to the Listing Owner by the Guest (or if the subject of the Listing is an Experience, the moment when the provision of the Experience ends) at the end of the agreed period with regards to a confirmed Booking Request.

"Content" means Member Content and Viravira Content, together.

"Cruising Area" refers, if the Listing relates to any cruise or similar trip in a specific area with a specific Equipment (for example a Boat), to the area which is (i) mutually agreed upon by the Guest and the Listing Owner or (ii) if no area is mutually agreed upon, then the reasonable area where the Boat, or other Equipment subject to the Listing is expected to cruise or travel to given the location of the Check-in,. In any case, the Cruising Area may only cover such areas (i) where the Equipment and all persons on the Boat or the Equipment (if the Listing relates to any other Equipment) are legally allowed to cruise or enter and (ii) which does not prevent the re-delivery of such Equipment at the Check-out Date in accordance with this Agreement and the DSA (as defined under section 4 below).

"Equipment" refers to any kind of movables and immovables, including (without any limitation) all kinds of boats, cars and other vehicles, that can be the subject of any Listing and that can be, within the legal limits and within the limits of the Law on Travel Agencies and the Union of Travel Agencies numbered 1618 and the relevant legislation, rented out to or otherwise provided to the use of the Guest via the Site.

"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 Guest for the services provided by the Listing Owner to the Guest (i.e. provision or an Equipment or an Experience) in relation to a Booking.

"Booking Fee" refers to the fee agreed between the Listing Owner and the Guest for the services included in the price stated in the Listing by the Listing Owner. The Service Provider determines the Service Charge that it reflects to the Listing Owner on this amount. Some Listing Owners may include some extra service charges, such as fuel cost, cleaning fee, transit-log, captain and crew fees. For the avoidance of doubt, any fees and costs that are not explicitly indicated in the Listing as "included in the Booking Fee" are not covered by the Booking Fee. Unless indicated otherwise in the relevant Listing, when a Boat with crew is booked – and also when an Equipment is booked with crew – the Guests are liable and responsible for the costs of crew’s food and other provisions. If the Equipment is a vehicle other than a Boat, then the rules regarding the crew shall be applied for the staff on such other vehicle.

"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 Guest directly to the Listing Owner at the Check-in.

"Knot Application" means the application of the Service Provider call Knot, which the Service Provider uses to communicate with the Listing Owners, and which application allows each Listing Owner to reach its Viravira Account and to take certain actions with respect to its Listings, as well as any application to replace such application in the future.

"Listing" refers to the listing, including inclusions and exclusions to the Full Booking Fee, that is posted by a Listing 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. The subject of such Listing can be renting out an Equipment or provision of a Viravira Experience. If the Equipment subject to the Listing is a Boat, then information including crew details, services provided, Boat’s technical and other features and all applied terms governing the fuel and food charge for the relevant Boat is indicated in the Listing. (For the avoidance of doubt, the Service Provider does not (and is not obligated to) control the accuracy of the contents of the Listing within its approval process before publishing of the Listing; the Listing Owner is responsible for the trueness, accuracy and completeness of all information within the Listing.)

"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 Listing Owners, which shall be available for booking via the Website and be subject to the conditions regarding booking of Equipment and other general conditions under this Agreement and which must always be subject to the Service Provider’s approval before being listed on the Website. An Experience may include the usage of an Equipment (for example, organization of a cruising trip with a specific boat), or not include or relate to the usage of an Equipment (such as a surfing lesson).

"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 Guest.

"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 Guest or a Listing Owner (or within the framework of different bookings, both a Guest and a Listing 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 Listing Owner to the Guest to make payment in relation to a specific Booking Request. During this period, the Listing Owner reserves the Equipment or Experience (if the subject of the Listing is an Experience) for the Guest and does not rent out it to anyone else.

"Customized Offer" means that the Listing 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 Guest 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.

"Booking 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.

"Guest" refers to a Member who is an individual, or a legal entity who enters into a service relationship with a particular Listing Owner for the Booking of an Equipment or an 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 (Akfırat Mah. Fatih Sultan Mehmet Bul. No:3 İç kapı no:70 Tuzla/İstanbul) having the Turkish "Mersis" number 0925051342600018 and having the "A Group travel agency operation certificate" numbered 14986, granted by the Turkish Ministry of Culture and Tourism in the framework of the Law on Travel Agencies and the Union of Travel Agencies numbered 1618.

"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 Listing Owners with Guests seeking to rent or use Equipment and/or Experiences provided by the Listing Owners by paying their fee.

"Service Charge" refers to the sum payable by the Listing Owner to the Service Provider, upon the Booking Confirmation of a Booking of an Equipment or Experince through the Website, equal to a certain proportion of the Full Booking Fee, as a consideration for the provision of the Service. The Service Provider has the right to unilaterally change the ratio of the Service Charge to the Full Booking Fee as per its free discretion. All notifications on such ratio, on the changes on such ratio and on the new ratio/proportion can be made by the Service Provider to the Listing Owner via e-mail, whatapp messages, notifications over Knot Application or via other electronic correspondence. The Listing Owner is obligated to check and control and follow-up, at all times, the valid ratio over the Knot Application. The Service Provider may – at its own discretion – determine and apply different Service Charges for different Listings, different Equipment and different Experiences.

"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 https://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, Listing Owners, Guests and users of the Website as applicable.

2. SCOPE OF AGREEMENT, ASSENT TO TERMS OF USE AND AMENDMENT

As a legal person having the "A Group travel agency operation certificate" numbered 14986, granted by the Turkish Ministry of Culture and Tourism in the framework of the Law on Travel Agencies and the Union of Travel Agencies numbered 1618, Viravira provides a platform that connects Listing Owners, who own Equipment or has the right to operate Equipment and/or provide Experiences, with Guests seeking to rent such Equipment 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 Listing Owners and Guests 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 https://www.viravira.co/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 Equipment rentals, crew placement services and/or other listings and/or services with respect to any Equipment (including – without limitation – the Equipment defined herein). Service Provider does not act as an insurer or as an insurance agency. Service Provider cannot and does not offer tax advice. Listing Owners and Guests 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 Guest or any Listing Owner. In case the Service Provider is held liable for any tax liability of the Listing Owner, the Listing Owner must compensate any and all damages incurred by the Service Provider immediately.

Service Provider solely makes available the Website for Listing Owners and Guests to agree and arrange for a Booking of a certain Equipment and/or Experience and serves as an intermediary for the purpose of accepting payments from Guests on behalf of the Listing Owner, if necessary, and is responsible for transmitting such payments to the Listing Owner.

If a Guest requests a Booking for an Equipment or Experience and uses / benefits from an Equipment or Experience, any agreement and legal relationship relating to the use of such Equipment or Experience is established between the Listing Owner and the Guest, and it is understood that the Service Provider is not and will not be a party to such an agreement or legal relationship, will not be bound by the terms of such agreement or legal relationship, will not be liable or responsible for any case of lack of performance or deficient or uncomplete performance of any obligation within the framework of such agreement and/or legal relationship, or any consequence of any such case.

Members aged under eighteen (18) will not be accepted as Guests or Listing 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 Guest or a Listing Owner. The Guest declares and represents and warrants to the Service Provider that he/she is legally empowered to enter into agreement with a particular Listing 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 Listing Owners, Guests and other users of the Website and Services or any Equipment, Experiences and Listings and disclaims all liability in this regard to the maximum extent permitted by law. In other words, the Guests and Listing Owners accept, represent and warrant that the Service Provider is not liable or responsible for (i) the behaviours, acts and actions of Guests, (ii) the behaviours, acts and actions of the Listing 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 Guest, Listing Owner, Member and other user of the Website and/or the Services, then such Guest, Listing 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 Listing 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 Equipment 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 Listing Owner, then the Listing 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 Listing 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 Listing Owner and this version is signed by the Service Provider and the Listing Owner, the version of the Transfer Agreement sent by the Service Provider to the Listing Owner shall be binding for the Listing Owner. For the avoidance of doubt, it will not be necessary for the Listing Owner to sign the Transfer Agreement so that such agreement becomes binding for the Listing Owner; the acceptance of these Terms & Conditions by the Listing Owner shall result in the fact that the Transfer Agreement becomes binding for the Listing Owner.

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, 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 or rent out any Equipment or sell or buy any Experiences or other services via the Website. You may not have more than two (2) active Viravira Accounts, one customized for Viravira Listing Owners and one customized for Viravira Guests, 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 – 17 of this Agreement titled "Suspension, Termination and Deactivation" 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.

The Listing Owner is responsible and liable for all acts, actions, behaviours, activities, performances and operations that are done via the Viravira Account by the Listing Owner itself, its employees, its shareholders, its shareholders, its Authorized Persons or other third persons with respect to Services and/or other issues; and furthermore, all notifications made to the Registered E-mail Address registered with the Website and notifications made directly via the Website and notifications made by the Service Provider via the Knot Application are to be deemed to be made to the Listing Owner. The Listing Owner is responsible for the Registered E-mail Address, that is registered to the Listing Owner on the Website; and all communication made via the Registered E-mail Address is binding for the Listing Owner.

Within the framework of this clause 3, the Registered E-mail Address shall mean (i) the e-mail address which is indicated as the e-mail address of the Listing Owner within the Viravira Account, which is used while creating the Listing with respect to an Equipment and/or Experience, and additionally – if any – (ii) other e-mail addresses that are notified to the Service Provider by the Listing Owner or its Authorized Persons or other persons listed above, and (iii) other e-mail addresses that are used by the Listing Owner or its Authorized Persons or other persons listed above while communicating with the Service Provider; each one of such e-mail addresses mentioned here shall be accepted as a Registered E-mail Address registered with the Website as well as a Registered E-mail Address registered to the Listing Owner.

Within the framework of this clause 3, Authorized Person(s) shall mean, with respect to any Equipment and/or Experience, the person(s) who have created the Listing with respect to such Equipment and/or Experience, and/or who have provided information on such Equipment and/or Experience to the Service Provider, and/or who have communicated with the Service Provider for the creation of the Listing regarding such Equipment and/or Experience. All representations, warranties, undertakings and other acts and actions of such person(s) with respect to the Equipment and/or the Listing and/or Services and/or Experiences are binding for the Listing Owner. The Service Provider is not obligated to examine or investigate the authority of any person, who is within the scope of such definition, to represent the Listing Owner. The Listing Owner irrevocably undertakes and represents to the Service Provider and Guests in advance that all representations, warranties, undertakings and other acts and actions of any Authorized Person, who is within the scope of such definition, are binding for the Listing Owner.

By posting a Listing on the Site, the Listing Owner accepts the responsibility and obligation to check and control on the Knot Application all messages and other correspondences to be sent or made by the Service Provider to/with the Listing Owner, and to immediately inform the Service Provider on the issues in such messages and correspondences that are not accurate or true (as an example, without imposing any limitation, if the Listing Owner is notified via the Knot Application that a Booking is completed and if there are issues/elements in such notification that the Listing Owner does not accept or cannot include in the service to be provided by the Listing Owner, then the Listing Owner shall immediately notify the Service Provider on such issues/ elements).

4. LISTING

Create a Listing

As a Member with Listing Owner status, you may create Listings. Listing Owners who create a Listing are obliged to submit a variety of information about the Equipment (owned by the Listing Owner, or used by the Listing Owner as per a right given to the Listing Owner to provide such Equipment) and/or Viravira Experience to be listed, including, but not limited to, description, photographs, location, size, features, crew, ownership documentation, availability of the Equipment and/or Experience, 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. (For the avoidance of doubt, the Service Provider does not (and is not obligated to) control the accuracy of the contents of the Listing within its approval process before publishing of the Listing; the Listing Owner is responsible for the trueness, accuracy and completeness of all information within the Listing.)

You acknowledge and agree that you are responsible for any and all Listings you post as a Listing 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 Guest use of an Equipment and/or Experience 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 Equipment in the same kind as the Equipment included in a Listing you post, including, but not limited to, insurance requirements, coast guard regulations, zoning laws, (for the Boats: marina regulations), and laws governing rentals and operation of Equipment of same kind and all other legislation and (b) not conflict with or infringe the rights of third parties. Please note that Service Provider assumes no responsibility for a Listing 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 an Equipment or an Experience regarding an Equipment, the Member shall provide the Service Provider with proof of ownership of the relevant Equipment or authorization to rent the Equipment, 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 Listing Owner warrants, declares to the Service Provider and the Guests and undertakes that:

It is the legal and beneficial owner of the Equipment and the Listings and/or it has been properly and duly authorized to use the Equipment subject to the Listing, to rent out such Equipment and offer the Listing and/or it has obtained an exclusive unconditional right for the use and rental of the Equipment and provision of the Listings.

It has obtained all necessary licenses, permissions, insurances and any other requisites for the use of the Equipment subject to the Listing 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 Booking Period.

Any picture, photo, drawing, text, icon, logo, graphic, image which is uploaded on the Website by the Listing Owner in connection with the Equipment and/or Experiences (subject to the Listing) corresponds and belongs to the Equipment and/or Experience which will be booked by the Guests of the Website and any information in connection to the Equipment and/or Experience is true and correct.

It has substantial knowledge of and expertise in providing his services to the Guests and maintains high quality of services and high quality of infrastructure while performing its services.

In the event that an insurance policy has to be obtained, as per the relevant legislation, with respect to any part of any Equipment or Experience within a Listing, then the Listing Owner has in place one or more insurance policies with respect to such Equipment or Experience with a reputable insurance firm to cover any liabilities that may arise with the use of the Services, during (i) the Services, (ii) the Booking Period and (iii) during the period when this Agreement is in force, which policy or policies are in accordance with the requirements of the relevant legislation.

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 Booking Period.

It will use reasonable care and skill in performing his services to the Guests.

The Listing Owner is responsible for the trueness, accuracy and completeness of all information within the Listing. The Listing Owner is responsible for the trueness, accuracy and completeness of all information that he/she has conveyed by any means to the Guest with respect to any Experience and/or Equipment subject to a Listing (the Service Provider explicitly disclaims all responsibility regarding the information conveyed by the Listing Owner to the Guest in the widest extent allowed by the laws). The information within the Listing can also be modified, upon Listing Owner’s request, by the Service Provider. However, the Listing Owner is responsible to check that the last version of the Listing is true, accurate and complete upon such modifications. The Service Provider provides access to the Viravira Account on the Website, which account is designed specifically for the Listing Owners, and via which account the Listing Owner can organize and modify all details of the Listing and take necessary actions with respect to the Services. (If the Service Provider wishes, the access of the Listing Owners to their Viravira Account may be done via the Knot Application.) It is the Listing Owner’s responsibility to access the relevant Viravira Account. Whenever a Booking Request with respect to a Listing is received and/or a Booking is made, the Listing Owner shall check the details of the Listing and the Booking. If it is possible that certain information that is in the Listing or that is conveyed to the Guest in any other way mislead the Guests, then the Listing Owner shall enter the necessary details and explanations into the relevant explanatory section and/or into the other relevant section within the Listing. For example, if one or several toilets or bathrooms in the Equipment, which is a Boat, are for the mutual use of the guests as well as the crew, then it is the Listing Owner’s responsibility to indicate the details on this common use within the Listing. As a prudent merchant, the Listing Owner shall provide all necessary details within the relevant Listing.

This Agreement contains provisions to the benefit of third parties and the Guest can request from the Listing Owner the performance of any obligation the Listing Owner has towards such Guest or the Guests in general.

Content of a Listing

As a Listing Owner you acknowledge and agree that you are solely responsible for each and all of Equipment, Experiences and your Listings on the Website and their contents and for the trueness, accuracy and completeness of the contents of your Listings. You acknowledge and agree that Listings will be made publicly available via the Services provided. Other Members will be able to book your Equipment or Experience via the Services based upon the information provided in your Listing.

As a Listing 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 Equipment, 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 Listing Owner agrees that the Service Provider may review Listing 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 Listing Owner’s identity to the public, including without limitation its full name, company name, Equipment’s name, address, links to other websites, telephone numbers and other Member Content, and/or (ii) uploads by the Listing 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 Listing Owner, if the Listing Owner and/or the respective Listing do not comply with the Terms & Conditions of the Service Provider or any applicable law or legislation.

The Listing 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 Listing Owner that such Listing Owner will enter into legal relationship regarding Equipment rentals / provision of other services or find customers / Guests or earn money or obtain an income or profit, in case such Listing Owner posts a Listing on the Website.

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 Equipment and/or 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 Listing Owner. It is important that Guests check the information uploaded on the Website. The Service Provider shall not have any responsibility whether the information uploaded on the Website in connection with the Equipment and/or Experiences and/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 Listing 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

Listing Owners are free to adjust the availability and price of their Equipment 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 Listing 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 Listing Owner must enter the requested dates of the planned Booking Period and, optionally, type in a message in the request box opened on the Equipment page. A Member can only send messages to a Listing Owner with regards to a specific Listing. A Listing 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. Information provided by the Listing Owner to the Guest shall at all times be true and correct.

In the messages to be exchanged between a Member and a Listing Owner it is strictly prohibited to type in personal information including but not limited to (I) phone numbers (ii) boat or other Equipment name (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 – 17 of this Agreement titled "Suspension, Termination and Deactivation" in case it detects any kind of personal information that is exchanged between any parties.

Listing Owners are fully responsible for updating rates, availability and other information, which is displayed on the Website. The Listing Owner is responsible for contents of all messages he/she conveys to the Guest via the Site or by any other means. The Listing Owner is responsible for the trueness, accuracy and completeness of all information that he/she has given or gives in the said messages (the Service Provider explicitly disclaims all responsibility regarding the messages conveyed by the Listing Owner to the Guest and the information contained in such messages in the widest extent allowed by the laws). As such, the Service Provider is only responsible for providing support for establishment of contact between the Listing Owner and the Guest 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 Listing Owner and the Guest. Each Listing 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) (i) displayed in the Listing such Listing Owner has published on the Website or (ii) included in the messages conveyed by the Listing Owner. The Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any Listing 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 Listing Owners and Guests in coming together for the purpose of Booking an Equipment or a Viravira Experience detailed via a Listing. In the event that any Guest and Listing Owner agree on the Booking of the Equipment or Experience in the Listing created by the Listing 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 Guest and the relevant Listing Owner, and the Service Provider will not be a party to the DSA.

For the avoidance of doubt, in case of any dispute between any Listing Owner and any Guest with respect to the DSA and/or this Agreement, the Service Provider shall not be a party to such dispute, and shall not be obligated to claim or defend any right of the Guest.

Without creating any obligation for the Service Provider, if the Service Provider – at its sole discretion – deems it appropriate, it may compensate all damages incurred by the Guest (due to any incompliance of the Listing Owner with the DSA and/or this Agreement), and then recourse to the Listing Owner for the payment of such compensation by the Listing Owner to the Service Provider. The Listing Owner approves, consents and allows in advance that the Service Provider may compensate damages of the Guest and then recourses to the Listing Owner for payment of such damages (by the Listing Owner) to the Service Provider.

5. BOOKING

Booking

Through the Website a Guest can send a Booking Request for a specific Listing posted on the Website. As soon as the Guest makes a Booking Request, Service Provider notifies the Listing 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 Listing 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 Listing 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 an Equipment or Experience within such twenty-four (24) hour period, any amounts collected by the Service Provider for the requested Booking may be refunded to the applicable Guest 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 Listing Owner and at the same time, the DSA is established between the Guest and the Listing Owner (as there is the offer of the Guest and the acceptance of the Listing Owner) (the obligations of the Listing 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 Guest. When you confirm a Booking Request, Service Provider will inform you and the Guest via e-mail, text message, notification or Site.

The Listing 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 Guest and the Listing Owner. The Listing Owner determines how long the Option will remain in effect.

The Listing Owner and the Guest, 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 Listing Owner has to procure that the DSA is executed in writing).

For any reason, including – without limitation – due to the insurance firms’ requirements or company policies, the Listing Owner may require the Guest to sign the rental agreement provided by the Listing Owner. The Guest is obligated to sign such rental agreement provided by the Listing Owner.

The Listing Owner is responsible for the trueness and accuracy of the information within the Listing, which relates to the Booking (and of the information conveyed to the Guest within the communication established between the Listing Owner and the Guest by any means). The Service Provider explicitly disclaims all responsibility regarding all information conveyed by the Listing Owner to the Guest in the widest extent allowed by the laws. In the event that there is a disagreement between the Guest and the Listing Owner regarding the details of the Listing and/or the Booking, the Guest and the Listing Owner are responsible for proving their own claims, except for those relating to the information sent by the Service Provider via e-mail and information on the DSA (i.e. except for the Main Listing Details explained below).

The undertaking regarding the Equipment or the Experience subject to the Listing, granted to the Guest, who has completed a Booking, by the Listing Owner is limited to the Main Listing Details. In this framework and in any case, the "Main Listing Details" shall include all images of the Equipment and Experience as well as all information on the Listing, the Equipment and Experience and the Booking contained in the DSA and/or all e-mails and other messages, and correspondences (including, without limitation, all electronic messages and correspondences) sent by the Service Provider to the Listing Owner and/or the Guest before and after the Booking Request, completion of the Booking and payments made.

Service Provider will not be a party to the DSA or any agreement to be executed by and between the Listing Owner and the Guest and shall not be bound by their terms and conditions. The Service Provider acts solely as an intermediary between a Guest and a Listing Owner for the establishment of the DSA. The main documents regulating the relationship between the Listing Owner and the Guest are this Agreement, the Transfer Agreement and DSA. Therefore, unless otherwise stated in this Agreement, if any provision contained in this Agreement, the Transfer Agreement or the DSA conflicts with any provision in any of the other agreements or documents, including the agreements which might be signed between the Guest and the Listing Owner, the provision contained in this Agreement, the Transfer Agreement or the DSA shall prevail and govern the relevant issue.

As a Member in the status of a Guest, you acknowledge and understand and represent and warrant that if you make a Booking with a particular Listing 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 Listing Owner in relation to payment, cancellation and other related matters.

You acknowledge and agree that, as a Listing Owner, you are responsible for your acts and omissions. As a Listing 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.

6. FEES AND PAYMENT

Full Booking Fee

The Guest acknowledges and agrees to pay the Full Booking Fee as displayed in Listing Owner’s relevant Listing on the Website if he decides to book an Equipment or an Experience of a Listing Owner via the Website.

The Listing 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 Listing Owners understand and agree and represent and warrant (to the Guests and the Service Provider) in advance that once a Guest requests a Booking of an Equipment 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, provided that the total Booking Fee applied for such Booking does not exceed the Booking Fee applicable for the minimum booking period for such Listing under normal circumstances. For example, if the Listing Owner determined the minimum booking period for a Listing as 7 (seven) days, and determined the daily Booking Fee as EUR 1,000.-, and a Booking Request is made for 5 (five) days, which is shorter than the minimum booking period, then the Listing Owner may increase the daily Booking Fee of EUR 1,000.-, for such 5 (five) days period (which is shorter than the minimum booking period). Even in such case, within the framework of the Customized Offer of the Listing Owner given for the Booking Request for 5 (five) days, the total Booking Fee cannot be over EUR 7,000.- (which is the normal Booking Fee for the minimum booking period).

In order to send a Booking Request, a Guest 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 Listing Owner.

The Listing 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 Listing 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 Listing Owner may cancel the Booking; in such case, any sums paid by the Guest for the Booking (Advance Payment and other payments, if any) will not be refunded to the Guest, and the Guest shall not have any right to claim anything from the Listing 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 Listing 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 Listing Owner has 24 hours to either confirm or reject a Booking Request. If the aforementioned period is less than 24 hours, the Listing Owner is allowed to either confirm or reject the Booking Request until Check-in Date (00:00). If the Listing 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 Guest’s payment card will be released, or any charged fees will be refunded to the Guest.

The performance of the Listing Owner’s services to the Guests will not commence until the Full Booking Fee has been collected in accordance with the Terms & Conditions.

Best Price Guarantee

The Listing Owner represents and warrants to the Service Provider and the Guests that each Booking Fee and Extra Services Charge, which is charged by the Listing Owner over the Website, shall be the best price that can be found for the relevant Equipment, Experience and the Extra Charge on the market.

In this framework, any Equipment, Experience or Extra Service that is provided by the Listing Owner via the Website, can – in any case – only be sold via any internet site or platform, or by any other third person (or the Listing Owner himself / herself) at a price, that is not lower than the relevant price (of the Equipment, Experience or Extra Service) indicated on the Website.

Free Cancellation Period

Upon receiving a Booking Confirmation, the Guest 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 Guest 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 Guest withdraws the confirmed Booking), then: If, during Booking Request, the Guest 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 Guest, 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 Guest takes no action (including – without limitation – if the Guest does not withdraw the Booking):

• Free cancellation right is lost in an irrevocable way.

• Listing 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.

Service Charge

The Listing Owners and the Guests agree and represent and warrant that in the event it concludes a Booking with a Guest as a result of using the Website and Services (in other words, in the event that the Booking Confirmation is given by the Listing Owner for the Booking Request sent by the Guest, or, in case of an Option is requested, then upon payment by the Guest, or, in case of conclusion of the DSA in another way), then, in consideration of the use of the Website and the Services, the Service Provider shall earn and charge the Service Charge. The Guests and Listing Owners acknowledge that the Booking Fee that is posted on the Website must and shall deemed to be inclusive of the Service Charge.

As explained under clause 1 within the definition of Service Charge, the Service Charge is based upon a percentage of the Booking Fee of each Booking of each Equipment or Experience that the Listing Owner lists and posts on the Website. The Service Charge is deducted and collected from the pay outs to the Listing Owner. In the event that the Service Provider receives / obtains data such as price, availability information and boat details (or other Equipment details) related to the Listing Owner from 3rd party applications / websites, that are active in the relevant sector/market as a channel manager, and/or the commission rate determined / accepted by the Listing Owner in these 3rd party applications / websites, that are active as a channel manager, is lower than the commission rate of the Service Provider, the Listing Owner will revise the commission rate in these 3rd party applications / websites upwards for the Service Provider and ensure that it is equal to the commission rate specified by the Service Provider.

The Listing Owner and the Guest 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. Therefore, once the Free Cancellation Period ends, even if the Guest cannot use the Equipment or (if the subject of the Listing is an Experience) benefit from the Experience during the whole Booking Period in accordance with the Booking, the Service Charge shall be fully paid to the Service Provider, and if it is already paid, no part of the Service Charge shall be refunded.

If – before or after the completion of a Booking – the Guest wishes to use the relevant Equipment or the Experience for a longer time, and even if such usage happens without the intermediary of the Service Provider; then the Listing Owner shall immediately pay the additional Service Charge to the Service Provider for the time of the usage that exceeds the initially agreed upon Booking Period. In such case the additional Service Charge (having the same ratio as the original Service Charge) shall be calculated in proportion to the additional fee to be collected by the Listing Owner for such additional time exceeding the initially agreed Booking Period.

In case the subject of the relevant Listing is renting out of an Equipment or provision of an Experience including an Equipment, then with respect to any Booking relating to such Listing: If, within the 24 (twenty-four) months as of the completion of the Booking Period, (i) the same Equipment is rented by the Guest again without the intermediary of the Service Provider, or such Experience or other service including or relating to the Equipment is provided to the Guest, then in such cases, the Listing Owner shall be obligated to pay immediately to the Service Provider a Service Free to be determined by the Service Provider (such fee shall not have ratio to the Booking Fee, that is lower than the ratio of the initial Service Charge applied for the relevant, initial Reservation); and additionally and independently from such obligation (ii) the relevant Equipment is purchased by the Guest or any relative of the Guest (blood relative or relative by marriage) up to third degree, than the Listing Owner shall pay a reasonable commission, which is in accordance with the standards of the relevant market, to the Service Provider over the relevant purchase price.

The deduction of the Service Charge from the payment made to the Listing Owner shall mean that (i) all sums paid by the Guest are transferred to the Listing Owner, and, independently from that, (ii) the receivable of the Service Provider from the Listing Owner is deducted from the sums to be paid to the Listing Owner. With such deduction, the Service Provider collects from the Listing Owner the Service Charge earned by the Service Provider. In other words, any sum paid by the Guest to the Service Provider for the transfer to the Listing Owner will not be deemed to be kept by the Service Provider, such deducted amount shall be not interpreted as a sum belonging to the Guest and kept by the Service Provider.

Payments

Any monies received by the Service Provider from Guests for Bookings made on the Website shall be held by the PSP, subject to a conditional obligation to transfer such monies to Listing Owners less the Service Charge. Monies collected by the Service Provider and/or its Distribution Partners (equal to the Advance Payment or the Booking Fee, depending on the case) less the Service Charge is transferred by the PSP to the Listing 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 Listing Owner to sign the Transfer Agreement, which is considered as an annex 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 Guest, in relation to a certain Booking, to the Listing Owner, before the Listing Owner provides the services agreed upon in the Booking Confirmation or, (ii) the Service Provider deems it to be necessary, at its sole discretion. (In such case, even if the Transfer Agreement has a later date and/or is signed at a later date, the relevant Booking will be deemed to be subject to the conditions under this Agreement and the Transfer Agreement.

The Listing Owner has to have the Guest to sign Equipment Delivery Protocol on the Check-in Date. A copy or a readable image/photo of the Equipment Delivery Protocol should then immediately be sent by the Listing Owner to the Service Provider via message, or e-mail and the original of the Equipment Delivery Protocol shall be delivered to the Service Provider within 5 (five) days as of the Check-out Date at the latest. The Guest shall not assign his/her rights arising out of the Booking to a third person and he/she cannot rent or sub-let the Equipment to a third person. Therefore, the Guest shall personally sign the Equipment Delivery Protocol and personally use and re-deliver the Equipment.

As a Guest, 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, Guests 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 Guest 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). In any case, the Service Provider is not responsible or liable for the refund of any portion of the Full Booking Fee, that is collected by the Listing Owner (or that is collected by the Service Provider and transferred to the Listing Owner). If any portion of such fee is to be refunded as per this Agreement or the DSA, then only the Listing Owner shall be responsible and liable for such refund, and the Service Provider shall not have liability or responsibility with respect to the refund of the relevant sum.

On the Check-in Date, the Equipment is delivered to the Guest or services related to the Experience begin to be provided by the Listing Owner (if the Experience contains delivery of the Equipment as well, then such Equipment is delivered as well). From this date forward, the Listing Owner is expected to issue the invoice for the Full Booking within 7 days and send it to the Guest. In certain cases, Service Provider is exposed to the risk of chargebacks where the Listing Owner is entitled to receive a payment under the terms of this Agreement, but the services agreed upon has not been provided by the Listing Owner to the Guest and related invoice is not presented to the PSP and issuing bank, upon their requests. To avoid this risk, the Listing Owner is required to send a copy of the invoice issued for the payments made by the Guest to the Listing 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 Guest does not show up on the Check-in Date, (ii) the Guest makes or initiates or sends any complaint, claim, notification / warning letter, any execution proceeding or lawsuit with respect to the Equipment, Experience or the Listing Owner. If the Listing Owner does not send a copy of the invoice to the Service Provider for the aforementioned cases, the Listing Owner’s right to receive any sort of payment under the terms of this Agreement terminates and Listing Owner shall refund the payments made by the Guest 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 Guests, the Service Provider and the Listing 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 Listing Owner reserves the right not to accept any Booking Request.

The Listing 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 Listing Owner or his employees or agents or breach of any of these Terms & Conditions or the DSA.

Authorisation Regarding Payment

With respect to (and limited to) the collections and refunds regarding the Transfer Agreement, the Listing 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 Listing Owner as made in representation of the Listing 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 and/or by its Distribution Partners, the payment obligation of the Listing Owner to pay the Service Charge 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/or its Distribution Partners and the registration to such PSPs’ records that relevant funds are transferred to the Service Provider and/or its Distribution Partners, the relevant payment obligation of the third-party PSPs shall be fulfilled and the Listing Owner shall not claim anything from such third-party PSPs in this regard, or shall not claim any right with respect to such payments.

Currency

With respect to the currency, the following terms have the following meanings under this Agreement:

"Booking Currency" refers to the currency in which a Guest has to pay for his or her Booking. At the time the Guest 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 Listing Owner while listing an Equipment 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 Equipment or location where the Experience will be provided. 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 Listing Owner accepts, the payment may be made in another currency, and in such case the exchange rate agreed upon by the Listing Owner and the Guest 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 Guest and the Listing Owner). The Listing Owner shall be responsible for the fact that accepting payment in the Base Currency chosen by the Listing Owner is in accordance with the laws of the country, where the Listing Owner carries on its operations. The Service Provider disclaims all consequences arising from the choice of Base Currency, made by the Listing Owner, to the maximum extent permitted by the law.

"Listing Currency" refers to the currency in which the Booking Fees of the Equipment or Experiences listed in the search panel and is selected by the Guest among the alternatives offered. The Booking Fee determined by the Listing 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 Equipment’s or Experience’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 Listing Owner or the Guest publishing or viewing a Listing, and/or (iii) freely at its sole discretion. The Listing 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 Equipment or Experience is in violation of the relevant country's legislation, the Listing 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 Guest 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 Equipment or Experience in any of the Listing Currency alternatives provided by the Service Provider on the Website.

Rounding Off

Service Provider may, in its sole discretion, round up or round down amounts that are receivable or payable from or to Guests or Listing 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.

7. CANCELLATION AND MODIFICATION POLICY

When a Listing 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 Equipment or Experience unless otherwise stated in this Agreement. In that regard, all Guests and Listing Owners agree, represent and warrant in advance that they will take the local time of the Equipment or Experience subject to the Booking into consideration.

An Advance Payment is made by the Guest at the time of Booking. After the Listing 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 7 (seven) days prior to the Check-in Date.

Semi-Flexible Booking: Long Stop Date is 14 (fourteen) days prior to the Check-in Date.

Strict Booking: Long Stop Date is 30 (thirty) days prior to the Check-in Date.

Super Strict Booking: Long Stop Date is 45 (forty-five) days prior to the Check-in Date.

Service Provider may offer a new Cancellation and Modification Option to Listing 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 Equipment, the Experience or Listing preference is not possible. In that case, the Guest must cancel her/his Booking and make a new Booking Request for the desired Equipment or Experience.

If, as a Listing Owner, you cancel a confirmed Booking, you 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 Guest may use all her/his rights arising from the DSA and the law, and (v) the Guest 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 Listing Owner during the next Booking such Listing Owner receives (In that case, the payment to be made to Listing 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 Listing Owner

If a Listing Owner cancels a confirmed Booking, the Service Provider, at its sole discretion, may help the Guest find a new Equipment or Experience but has no obligation whatsoever to provide a replacement Equipment or Experience to the Guest or offer a make-up option for the cancelled Booking.

In any case, the Service Provider is not responsible or liable for the refund of any portion of the Full Booking Fee, that is collected by the Listing Owner (or that is collected by the Service Provider and transferred to the Listing Owner). If any portion of such fee is to be refunded as per this Agreement or the DSA, then only the Listing Owner shall be responsible and liable for such refund, and the Service Provider shall not have liability or responsibility with respect to the refund of the relevant sum.

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 Listing Owner may cancel the Booking; in such case, any sums paid by the Guest for the Booking (Advance Payment and other payments, if any) will not be refunded to the Guest, and the Guest shall not have any right to claim anything from the Listing Owner or the Service Provider, including – without limitation – any rights stipulated under this Agreement / Terms.

In the event that the Guest does not take the delivery of the Equipment or Experience subject to the Booking without cancelling the Booking via the Website until the Long Stop Date or without informing the Service Provider on such cancellation until the same date, then – even if the Remaining Payment is to be made at the Check-in Date – the Guest shall be liable to pay all of the Booking Fee. In such case, the Listing Owner may request payment of the Remaining Payment.

In the event that the Service Provider, at its sole and free discretion, doubts that the Listing Owner cannot fulfil its obligations with respect to the Booking, or that the Listing Owner cannot fulfil such obligations completely, then the Service Provider may cancel the Booking and require the Listing Owner to compensate all damages incurred by the Service Provider, including – without limitation – all payments made with respect to the Booking.

If the Service Provider, at its sole and free discretion, doubts that the Listing Owner cannot fulfil its obligations with respect to the Booking, or that the Listing Owner cannot fulfil such obligations completely, and the Service Provider and/or the Guest cancels the Booking, then the Service Provider may – if it deems appropriate at its sole discretions – pay or repay to the Guest (i) all sums already paid by the Guest with respect to the Booking, (ii) the difference between the Booking Fee and the fee of the alternative Equipment or Experience rented/bought or to be rented/bought by the Guest for the Booking Period, and (iii) other damages incurred by the Guest due to the cancellation of the Booking. In such case – in addition to the provision above – the Listing Owner shall immediately pay to the Service Provider such sums paid by the Service Provider to the Guest.

8. DELIVERY OF THE EQUIPMENT, PROVISION OF THE EXPERIENCE

8.1 Non-compliance of the Listing Owner with Delivery Rules

a. Late Delivery in absence of Force Majeure

In case of a late delivery of the Equipment or services related to an Experience by a Listing Owner to a Guest in absence of a force majeure event, the Listing Owner and the Guest try to solve the problem among themselves. In the absence of an agreement, the Guest shall contact and inform the Service Provider. In case of a delay in delivery of the Equipment or of the services relating to the Experience – in absence of a force majeure event – that does not exceed 6 (six) hours or one tenth of the Booking Period (whichever is the shorter), upon the decision of the Guest either (i) the Booking Period (or the term of the provision of the Viravira Experience) shall be extended by the duration of delay, or (ii) such portion of the Full Booking Fee corresponding to the duration of the delay shall be refunded to the Guest by the Listing Owner. In case of a delay in delivery of the Equipment or of the services relating to the Experience – in absence of a force majeure event – that exceeds 6 (six) hours or one tenth of the Booking Period (whichever is the shorter), upon the decision of the Guest either (i) the Booking Period (or the term of the provision of the Viravira Experience) shall be extended by the duration of delay, or (ii) such portion of the Full Booking Fee corresponding to the duration of the delay shall be refunded to the Guest by the Listing Owner, or (iii) the Listing Owner shall be deemed to have terminated the DSA with retroactive effect and the Guest shall get a refund of the payments made via Website minus the Service Charge. For the avoidance of doubt, the service procured by the Service Provider is bringing the Listing Owner and the Guest together and the Service Provider shall become entitled to the Service Charge with the conclusion of the DSA over the Website. Therefore, even if the DSA is terminated with or without retroactive effect, refunding the Service Charge to the Guest is at the sole discretion of the Service Provider. In case of refunding the Service Charge to the Guest, the Service Charge, which would have been charged by Service Provider to the Listing 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 Listing Owner for future Bookings. However, if the Service Provider wishes, at its sole discretion, then the Listing Owner shall immediately pay the Service Charge with respect to such cancelled Booking to the Service Provider in cash.

b. Late Delivery / Late Performance due to Force Majeure

If, by reason of force majeure (as defined in section 22 below), the Listing Owner fails to deliver the Equipment (or fails to start providing the services regarding the Experience, if the subject of the Booking is an Experience) to the Guest on time and delivery or is made (or provision of the services starts) within forty-eight (48) hours or one tenth (1/10th) of the Booking Period as of the scheduled delivery time, then the Listing Owner shall refund to the Guest such portion of the Full Booking Fee corresponding to the duration of such delay or if it is mutually agreed by the Listing Owner and the Guest, the Listing Owner shall extend the Booking Period by the duration of such delay.

c. Non-Delivery / Non-Performance due to Force Majeure

If by reason of force majeure (as defined in section 22 below) the Listing Owner fails to deliver the Equipment (or fails to start providing the services regarding the Experience, if the subject of the Booking is an Experience) within forty-eight (48) hours or a period equivalent to one-tenth (1/10th) of the Booking Period (whichever period is the shorter) (as of the scheduled delivery time, then the Guest shall be entitled to treat this Agreement as terminated by the Listing Owner with retroactive effect. The Guest’s remedy will be to receive immediate repayment without interest of the full amount of all payments made by him under the terms of this Agreement and the DSA minus the Service Charge. Alternatively, if the Listing Owner and the Guest mutually agree, the Booking Period shall be extended by a time equivalent to the delay or postponed to a mutually agreed time, or the Listing Owner shall refund to the Guest such portion of the Full Booking Fee corresponding to the duration of such delay.

If the subject of the Booking is renting out of an Equipment or provision of an Experience which includes provision of an Equipment, in such case, should the reason of non-delivery of the Equipment by the Listing Owner within the framework of force majeure be a circumstance such as breakdown of the Equipment that could be avoided by way of selecting a different Equipment of the same kind, the Service Provider, at its sole discretion, may aid the Guest in finding a new Equipment. If an alternative Equipment is found, and the Guest accepts the delivery of such alternative Equipment instead of the original Equipment, then a new (a second) Booking is created in that framework; and payments made for the initial Booking is deducted and collected from the new Booking Fee pertaining to the new (second) Booking. However, if the Service Provider wishes, at its sole discretion, then the Listing Owner shall immediately pay the payments made by the Guest with respect to the cancelled (initial) Booking to the Guest in cash.

d. Delivery of a Different Equipment

If the subject of the Booking is renting out of an Equipment or provision of an Experience which includes provision of an Equipment, in case of the Equipment delivered not being the one whose details had been posted in the Listing, the Guest has the right to cancel the Booking without paying any cancellation fees. To benefit from this right, the Guest shall send the Service Provider photographs that prove the claim that the Equipment delivered does not match the listed Equipment (The Listing Owner accepts, represents and warrants in advance that the photographs to be sent to the Service Provider by the Guest and other documents and records of the Guest shall be binding for the Listing Owner). If and when the Guest submits the necessary imagery supporting the mismatch, Service Provider, at its sole discretion, may help the Guest to find an Equipment with similar features as the one desired. In case of the failure to find a new Equipment, the payments made via Website minus the Service Charge is refunded to the Guest. Refunding the Service Charge to the Guest is at the sole discretion of the Service Provider. In case of refunding the Service Charge to the Guest, the Service Charge, which would have been charged by Service Provider to the Listing Owner, is deducted and collected from the payments to be made to the Listing Owner for future Bookings. However, the Listing 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.

8.2 Non-compliance of the Guest with Delivery Rules

a. Guest’s Failure to Accept Delivery of the Equipment or Provision of the Experience in absence of Force Majeure,

If the Guest is not present on the Check-in Date to accept the delivery of the Equipment (or fails to be at place for provision of the services regarding the Experience, if the subject of the Booking is an Experience) without a cancellation and in absence of force majeure, then the Guest shall be deemed to have cancelled the Reservation, and in such case no fee is refundable to the Guest, and all payments made are deemed to be collected as cancellation fee.

b. Guest’s Delay to Accept Delivery of the Equipment or Experience in absence of Force Majeure

If the Guest informs the Listing Owner in advance that he/she can accept the delivery of the Equipment or provision of the Experience at a time which is (i) after the Check-in Date, (ii) within the Booking Period, and (iii) within normal business hours, (“New Time”) then the Listing Owner shall deliver the Equipment or start providing the Experience in such new time. However, the Guest shall not be entitled to the refund of any portion of the Full Booking Fee due to such late delivery.

However, if the subject of the relevant Listing is an Equipment or an Experience provided to several Guests at the same time, and a Guests demands that, within the framework of this clause, the Equipment or the Experience is provided to himself/herself at the New Time, then such Guest shall go to the place at the New Time where the Equipment is located or the Experience is being provided by bearing all costs for such travel and organizing such travel himself/herself, and join the service already being provided by the Listing Owner to other guests.

c. Guest’s Failure to Accept Delivery of the Equipment or Provision of the Experience due to Force Majeure

With respect to the case where a Guest cannot arrive to accept delivery of the Equipment (or fails to be at place for provision of the services regarding the Experience, if the subject of the Booking is an Experience) due to a force majeure reason, Listing Owner offers, as a general rule, one of these alternatives to the Guests: (i) All the payments made by the Guest, including but not limited to Advance Payment, Remaining Payment and Booking Fee minus Service Charge are returned to the Guest by the Listing Owner, (ii) The Booking is postponed to a later date in accordance with rules explained below, (iii) Upon the discretion of the Guest, all the payments made by the Guest, including but not limited to Advance Payment, Remaining Payment and Booking Fee minus Service Charge are returned to the Guest by the Listing 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 Guest shall choose one of the available dates proposed by the Listing Owner, which dates shall be within the two following seasons. The Listing Owner shall propose at least 6 different dates to the Guest. While proposing different dates, the Listing Owner shall take into consideration in which months the Equipment or Experience should have been rented / provided as per the initial Booking ("Booking Months"). In this framework, at least 2 of such dates proposed by the Listing 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 Listing Owner fails to propose alternative dates in accordance with rules indicated above, then payments shall be refunded to the Guest as explained above. In the event that the Listing 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 Listing 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 Guest.

In the event that the Booking is postponed to a later date due to Force Majeure, then the responsibility of the Service Provider is limited to a time period of 24 months and to one single postponement. In the event that the postponement relates to a time period longer than 24 months or there are two or more postponements, such postponements shall be made between the Guest and the Listing Owner; the Service Provider is not obligated to make any effort so that an understanding is reached on such an issue; any agreement on such an issue shall be accepted as a legal relationship, which is separate and free from the Equipment rental / Experience provision relationship, which is established via the Services of the Service Provider. The Service Provider is not responsible for any postponement that is done in absence of a Force Majeure upon mutual agreement between the Guest and the Listing Owner; and the Service Provider disclaims all responsibility relating to a such a booking, that is formed in such a manner, to the maximum extent permitted by law.

In any case, for the postponement option to be used, the Guest shall inform the Service Provider on the dates where the Guest can rent the Equipment or accept provision of the Experience. Otherwise, the Guest cannot use this right and the Service Provider shall not be responsible for the organization of the postponement.

8.3 Exclusion of liability of Service Provider regarding refund of Booking Fee

Where it is stipulated under this section 8 titled "Delivery of the Equipment, Provision of the Experience" (or under any other provision of this Agreement, including – without limitation – section 6, 7 and 10) or under the DSA that any portion of the Booking Fee and/or the Full Booking Fee is to be refunded to the Guest, the Listing Owner shall make such refund. The Service Provider shall not have any liability or responsibility with respect to such refund.

The Guest acknowledges in advance that the payments made via the Website are transferred to the Listing Owner and therefore cannot be refunded by the Service Provider.

In the event that such a refund shall be made, the Service Provider may try to support the Guest in this sense. In such case, for any sum being refunded by the Service Provider, such sum shall firstly be repaid to the Service Provider by the Listing Owner.

Without creating any obligation for the Service Provider, the Service Provider may – at its sole and free discretion – refund any such sum, before the Listing Owner repays such sum to the Service Provider. In such case, the Listing Owner shall compensate the Service Provider for any such sum refunded by the Service Provider to the Guest.

9. SPECIAL COMMERCIAL TERMS

The below options for Real Time Listing and Real Time API Listing can be chosen at the time of the signing of the Transfer Agreement between the Listing Owner and the Service Provider, or the Service Provider and the Listing Owner can agree on application of such options at a later time in accordance with the Transfer Agreement. For the application of options of Preferred Listing and Preferred Viravira Partner, the Listing Owner shall comply with the conditions to be determined by the Service Provider.

9.1. Real Time Listing: In the event that the Listing Owner chooses this option, the Listing Owner shall share with the Service Provider the changes in the availability of all Equipment and Experiences subject to the Listing at all times and immediately upon any occurrence of any change. In this framework, as long as the information on the fact that any Equipment or Experience is not available for a certain period of time is not shared with the Service Provider, the Listing Owner approves and agrees in advance that the relevant Equipment and Experience is sold or rented (in accordance with the Listing) via the Site and by means of the intermediary of the Service Provider for such certain period of time. The Listing Owner shall inform the Service Provider via e-mail or whatsapp for which Listings the Listing Owner chooses the option of Real Time Listing. If the Listing Owner does not share with the Service Provider such information, then all Listings of the Listing Owner are deemed to be chosen for Real Time Listing.

The Listing Owner may inform the Service Provider within the scope of this clause via Knot Application instead of e-mail or whatsapp correspondence.

9.2. Real Time API Listing: In the event that the Listing Owner chooses this option, then all information on the Equipment and Experiences, which are chosen by the Listing Owner within the framework of clause 9.1 above for Real Time Listing, can be shared with the Distribution Partners of the Service Provider as well; and additionally, the Listings regarding such Equipment and Experiences can be published by the Distribution Partners on the web sites as well as all printed and electronic mediums (and all other mediums and channels) which are owned (and/or managed) by the Distribution Partners. As long as the information on the fact that any Equipment or Experience is not available for a certain period of time is not shared with the Service Provider, the Listing Owner approves and agrees in advance that the relevant Equipment and Experience is sold or rented (in accordance with the Listing) by means of the intermediary of the Service Provider or Distribution Partners of the Service Provider for such certain period of time. The term "Distribution Partner(s)" means any kind of third person, who can post any listing for the sale or renting out of the relevant Equipment or Experiences and/or promote the relevant Equipment or Experiences via its commercial agents or other kinds of members.

The Listing Owner shall inform the Service Provider via e-mail or whatsapp or Knot Application for which Equipment and Experiences the Listing Owner chooses the option of Real Time API Listing. If the Listing Owner does not share with the Service Provider such information, then all Listings of the Listing Owner are deemed to be chosen for Real Time API Listing.

9.3. Obligation to Inform in Real Time: In the event that the availability of any relevant Equipment or Experience ends, the Listing Owner shall immediately inform the Service Provider on such change in availability in accordance with clauses 9.1 and 9.2.

In the event that the option Real Time Listing or the option Real Time API Listing is applied, then the Listing Owner does not reserve the right to deny any Booking Request without any reason; and furthermore, the Listing Owner shall accept any Booking made by and/or via intermediary of the Service Provider and/or its Distribution Partners.

9.4. Preferred Listing: In the event that a certain number of Equipment and Experiences are reserved for a certain number of weeks (or shorter time periods) for the Bookings to be made via the intermediary of the Service Provider or its Distribution Partners (whereby the Service Provider shall determine or approve such certain number of Equipment and Experiences as well as such certain number of weeks or shorter time periods), then Listings on the provision or renting out of such Equipment and Experiences for such weeks (or shorter or longer time periods) shall have the status of "Preferred Listing". In that framework, such certain weeks or shorter time periods shall be referred to as "Viravira Week(s)" no matter how long they are. In such case, the fact that any Listing is a Preferred Listing can be indicated in the Listing on the Site in any matter to be freely determined and deemed appropriate by the Service Provider.

9.5. Preferred Viravira Partner: In the event that certain number of Equipment and Experiences of a Listing Owner are reserved for certain Viravira Weeks for the Bookings to be made via the intermediary of the Service Provider or its Distribution Partners (whereby the Service Provider shall determine or approve such certain number of Equipment and Experiences as well as such certain Viravira Weeks), then such Listing Owner shall have the status of "Preferred Viravira Partner". In such case, the fact that such Listing Owner is a Preferred Viravira Partner can be indicated in the Listing on the Site in any matter to be freely determined and deemed appropriate by the Service Provider. The fact that a Listing Owner reaches the status of Preferred Viravira Partner can only be confirmed by the Service Provider. The conditions required for the Listing Owner to keep such status can at all times be changed by the Service Provider freely. In case the Listing Owner ceases to comply with such conditions, such status shall be revoked.

9.6. Release of Viravira Week: In the event that no Booking is made via the intermediary of the Service Provider or its Distribution Partners for a related Equipment or Experience for the renting/usage of such Equipment or Experience in a certain Viravira Week (wholly or partially) up until the Release Date, to be determined as per this clause, then in such case, the obligation of the Listing Owner to reserve such Equipment or Experience for the renting/usage of such Equipment or Experience during such Viravira Week due to the Bookings made by the intermediary the Service Provider or its Distribution Partners terminates after the Listing Owner completes the Release Action explained below.

The "Release Date" shall be chosen by the Listing Owner over the Site, while creating the Listing. In any case, the Release Date shall be the day which is 6 weeks before the first day of the relevant Viravira Week or a later date.

The "Release Action" means the action in which the Listing Owner rearranges the relevant listing details manually over the platform on the Site and chooses – in order to indicate that such Listing is not available for the relevant Viravira Week – the option "Do not provide over API" (or any other option to be available in the future, having the same purpose). For the avoidance of doubt, even if the Release Date has passed, as long as the Listing Owner does not complete the Release Action, the obligation of the Listing Owner to reserve such Equipment or Experience for the renting/usage of such Equipment or Experience during such Viravira Week due to the Bookings made by the intermediary the Service Provider or its Distribution Partners remains valid and binding.

9.7. Unavailability of the Equipment or Experience in the Viravira Week: In the event that a Booking is made by the intermediary the Service Provider or its Distribution Partners for the renting/usage of the relevant Equipment or Experience during a certain Viravira Week, however such Equipment or Experience is not provided to the relevant Guest during such Viravira Week by the Listing Owner, in such case, the consequences (as per the Transfer Agreement and this Agreement) for the non-delivery of an Equipment subject to a completed Booking shall be applied for the Equipment or Experience not provided to the Guest by the Listing Owner.

9.8. In General: The Listing Owner irrevocably authorizes the Service Provider with this Agreement for the transfer of all information on itself, its Listings, and Equipment and Experiences subject to its Listings to the Distribution Partners of the Service Provider; and irrevocably gives its consent to the Service Provider for such information transfer.

The Listing Owner may (to the extent that it is authorized to do so as per clause 9), after the signing date of this Transfer Agreement, choose the options indicated by clauses 9.1 up to (including) clause 9.7, change its existing choices upon approval by the Service Provider and inform the Service Provider (so long that it has the right to do so as per clause 9) which of its Equipment and Experiences shall be subject to options indicated by clauses 9.1 up to (including) clause 9.7. All correspondences, approvals, undertakings, representations and warranties on such issues can be done via e-mail and whatsapp correspondence or via Knot Application.

For the avoidance of doubt, issues to be determined by the Service Provider as per clause 9 can also be decided – if the Service Provider wishes – by means of approval of Listing Owner’s relevant proposals by the Service Provider via e-mail and whatsapp correspondence or via of Knot Application.

Any change made at any specific time does not affect Bookings completed before such change and the existing obligations arisen due to such Bookings.

If, in the future, the electronic communication between the Service Provider and the Listing Owner is done, in addition to the means of e-mail, whatsapp and Knot Application, by means of any other application, web site or platform to be chosen by the Service Provider (all to be referred as "Other Platforms"), the correspondence to take place via such other application, web site or platform shall be deemed to be made within the framework of this clause 9.8.

For the avoidance of doubt, any changes made by the team of the Service Provider, upon request of the Listing Owner, with respect to the information on the Listing Owner and with respect to any Listing of the Listing Owner on the Site are binding for the Listing Owner. The Listing Owner is obligated to check and control over the Knot Application and the Site, which special conditions indicated under clause 9 will be applied for the Listing Owner, the statuses reached/maintained by the Listing Owner and its Listings, the contents and all kinds of states of its Listings, and similar states, statuses and conditions.

As explained under section 4 above, the Site is does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any Listing Owner. Therefore, the expression "Preferred Listing" used for any Listing or the expression "Preferred Viravira Partner" used for any Listing Owner (or similar or other expressions) cannot be interpreted as the Service Provider giving any representation or warranty for the fact that the Listing Owner will comply with the relevant Booking or that customer satisfaction will be established. The Service Provider is not responsible or liable (in any scope) for the compliance of any Listing Owner with any Booking or for the compliance of any Listing Owner with any of its obligations.

10. POSSIBLE CASES FOLLOWING BOOKING

Sale of the Equipment

If the subject of the Booking is renting out of an Equipment or provision of an Experience which includes provision of an Equipment, and if the Equipment, that is subject to the Listing, or any equipment, that is necessary for the fulfillment of the service offered via the Listing, becomes subject to any sales transaction, then when such a possibility arises, the Listing Owner shall immediately inform the Service Provider, separately, before and after completion of such sales transaction.

Should the Equipment be sold to a third person (“Third Person”) after the execution of the DSA by its approval by both the Guest and the Listing Owner, then one of the following provisions will apply:

i) The Listing Owner shall procure that the Third Person complies with and fulfills all obligations of the Listing Owner under (a) the DSA, (b) this Agreement and (c) the agreements between the Listing Owner and the Service Provider. In such case, the Third Person shall act as a facilitator appointed by the Listing Owner (“ifa yardımcısı” in Turkish) and procure that obligations of the Listing Owner are fulfilled, and the Listing Owner shall continue to be responsible for the complete and proper fulfillment of all obligations.

ii) If the Third Person is unable or unwilling to fulfill the above listed obligations of the Listing Owner, then the Listing Owner shall propose to the Guest another equipment ("New Equipment") for the Booking Period. If the Guest accepts that such New Equipment is provided to himself/herself, then the Listing Owner shall incur all fees and costs relating to the use of such New Equipment by the Guest in the Booking Period (except for the costs which were to be incurred by the Guest as per the original Booking, such costs shall – again – be incurred by the Guest).

iii) If the Third Person is unable or unwilling to fulfill the obligations of the Listing Owner described herein or in the DSA, and the Guest does not wish to use the New Equipment during the Booking Period, then the Listing Owner shall refund such portion of the Full Booking Fee, that is already paid to the Listing Owner, to the Guest and compensate the costs incurred by the Guest for accepting delivery at the Check-in Date such as costs of travel and accommodations. In such case, refunding the Service Charge to the Guest is at the sole discretion of the Service Provider.

Listing Owner’s Right to Examine Competency

A Guest, who rents an Equipment for using it himself/herself (for example, a Guest who rents a Boat as an Equipment without a captain), represents and warrants to the Listing Owner and the Service Provider that he/she has the legally required licenses, documents and other permits as well as personal skills and competency to personally use (and if the Equipment is a Boat, then to captain) the Equipment.

The Guest acknowledges that before or during the delivery of the Equipment, which is booked to be used by the Guest himself/herself, (if the Equipment is a Boat: which is booked without a captain) to the Guest, the Listing Owner has the right to (i) check that the Guest has such legally required licenses, documents and other permits, and (ii) examine the skills and competency of the Guest to use the Equipment (if the Equipment is a Boat, then to captain the Boat) (i.e. test the Guest in such respect).

If the Guest does not have the legally required licenses, documents and other permits to personally use the Equipment (if the Equipment is a Boat, then to captain the Boat), or if the Listing Owner determines – at its sole discretion – that the Guest does not have the necessary skills or competency to use the Equipment (and if the Equipment is a Boat, to captain the Boat), then the Listing Owner may request the Guest to not use (if the Equipment is a Boat, then to not cruise with the Boat) without a professional person to use such Equipment (in case of a Boat, without a captain), whereby the Guest shall incur all fees and costs relating to such professional person. In such case, the Listing Owner shall use reasonable efforts to find a professional person to use the Equipment (in case of a Boat to find a captain) for the Booking Period. For the avoidance of doubt, the Listing Owner is not obligated to find such a professional person (or a captain for the Boats).

In such case, if the Guest does not hire a professional person for the entire Booking Period, then (i) the Renter may use the Equipment at the place and in the state of its delivery, (ii) if the Equipment is a Boat, then the Guest may use the Boat without cruising with the Boat, in other words, the Boat may not leave the place of delivery of the Boat, and (iii) the Guest will not be entitled to any refund of any portion of the Full Booking Fee due to fact that the Equipment cannot leave its place of delivery (if the Equipment is a Boat, the due to the fact that he/she cannot cruise with the Boat).

Captain’s Orders During the Cruise, Children’s Safety and Pets

If a Boat is booked as an Equipment with a captain, the Guest and all visitors on board shall accept and comply with all orders and decisions of the captain which relate to or target the safety of the Equipment and/or the Guest as well as other visitors on the Boat. In this respect, the Guest acknowledges that the captain may determine/change the cruising route of the Boat in order to avoid unsafe conditions.

The Guest undertakes to procure that the children on board, if any, shall at all times be under the direct supervision of an adult among the visitors on board or his/her supervision and he/she acknowledges that the Guest and the adult visitors are responsible for the safety of the children on board.

The Guest shall ensure that no pets or other animals are brought on board the Equipment without the consent in writing of the Listing Owner, unless it is stated in the Listing details that pets are accepted.

For bookings with overnight stay, the Listing Owner may require that the Equipment is returned last night to the Check-out location and remains docked there due to reasons such as – without limitation – refueling and/or completion of Check-out procedures. At the Check-out location, the Guest may stay in the Equipment until the Check-out time in the following day (i.e. at the Check-out date).

Breakdown or Disablement of the Equipment

If after delivery the Equipment shall at any time be disabled by breakdown of machinery, (for Boats: grounding), collision or other cause, so that such disablement prevents the Equipment to leave its location (for Boats: prevents cruising of the Boat) for a period between twelve (12) and forty-eight (48) consecutive hours or for a period between twelve (12) hours and one tenth (1/10th) of the Booking Period, whichever is the shorter (and the disablement has not been caused by any act or default of the Guest) the Listing Owner shall make a pro rata refund of the Full Booking Fee for the period of the disablement or, if mutually agreed by and between the Equipment owner and the Guest, allow a pro rata extension of the Booking Period corresponding with the period of disablement instead of such partial refund. If the Guest wishes to invoke this clause he/she shall give notice to the Listing Owner, or the Service Provider (or to the captain directly, if a Boat is booked with a captain). The Guest shall not be liable for extra costs relating to the immobilization of the Equipment but will remain liable for normal expenses during the period of disablement.

If the Equipment becomes completely unusable without any default of the Guest, or if the Equipment is disabled as aforesaid for a consecutive period of more than forty-eight (48) hours or one tenth (1/10th) of the Booking Period, whichever is shorter, the Guest may terminate the distant sales agreement (i.e. the DSA) by notice in writing to the Listing Owner, the Service Provider (or to the captain if a Boat is booked as an Equipment with a captain). Within two (2) working days after such termination, the Full Booking Fee shall be repaid by the Listing Owner pro rata without interest for that proportion of the Booking Period outstanding after the date and time on which the complete unusability or disablement of the Equipment occurred. In the event of such termination the Guest may effect re-delivery by giving up possession of the Equipment where she lies, i.e. by leaving the Equipment. The Guest shall be entitled to recover from the Listing Owner the reasonable cost of returning the Guest and his visitors to the place of re-delivery together with reasonable accommodation expenses incurred.

If after delivery, the Equipment or any equipment on the Equipment or any machinery of the Equipment shall at any time be disabled by any cause, whereby (i) such disablement does not prevent the departure of the Equipment in a safe manner (if a Boat is rented as an Equipment: such disablement does not prevent the the cruising of the Boat in a safe manner) and (ii) the disablement has not been caused by default of the Guest, then the Listing Owner shall refund a portion of the Full Booking Fee to the Guest, where the Service Provider shall – at its sole discretion – determine such portion of the Full Booking Fee to be refunded by the Listing Owner to the Guest. The Listing Owner is obligated to show to the Guest at the time of the delivery of the Equipment that all appliances/tools and machinery within the Equipment as well as the Equipment are working properly.

Delayed or Early Re-Delivery of the Equipment

a) If re-delivery of the Equipment to the Listing Owner by the Guest is delayed by reason of force majeure, re-delivery shall be effected as soon as possible thereafter and in the meantime, the conditions of the DSA shall remain in force but without penalty or additional charge against the Guest.

b) If the Guest fails to re-deliver the Equipment to the Listing Owner at the place of re-delivery and at the foreseen time of Check-out for any reason other than force majeure, then the Guest shall pay to the Listing Owner a compensation of "the daily rate plus fifty per cent (50%) of the daily rate" for each delayed day until re-delivery. Additionally, the Guest shall be liable for all operating costs which are not included in the Full Booking Fee as per the Listing and indemnify the Listing Owner for any loss or damage which the Listing Owner shall suffer by reason of deprivation of use of the Equipment or cancellation of, or delay in delivery under any subsequent charter of the Equipment.

For the avoidance of doubt, unless the Guest and the Listing Owner mutually agree otherwise in writing, the Equipment shall be re-delivered by the Guest at the place where it has been delivered to him/her at the Check-in Date.

Even if, after the delivery of the Equipment at the Check-in Date, the Guest re-delivers the Equipment at a date earlier than the Check-out Date indicated in the Booking details, no portion of the Full Booking Fee shall be refunded to the Guest.

Guest Complaints

The Guest shall convey to the Service Provider any complaints about a Listing, Equipment and/or an Experience (i) via the e-mail address [email protected] and (ii) by other means to be determined and notified by the Service Provider upon the request of the Guest. In this framework, the Guest is obligated to fill in the forms requested by the Service Provider. In any case, while conveying his/her complaint to the Service Provider, the Guest shall also submit to the Service Provider evidences proving that such complaint is true and accurate.

11. PRIVACY

This rules on the privacy in this Agreement apply to information we collect about:

• Members of the Website;

• Listing Owners and Guests in our Services;

• People who do business with Us;

• Users of the Website

• The information we collect about you

When a Listing Owner, Guest 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.

Use of Cookies

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.

As per article 7/1 of the Turkish Personal Data Protection Law, numbered 6698 (“PDPL”), “personal data that is processed in accordance with (such) law or relevant other laws shall be deleted, destroyed or anonymised either ex officio or upon request by the data subject in case the reasons necessitating their processing cease to exist.”

Within the framework of article 7 of the PDPL, you may request from our company deletion of your personal data. You may send this request to our company as an e-mail to the e-mail address of our company indicated below or in written format to the address of our company indicated below.

E-mail address: [email protected]

Address: Akfırat Mah. Fatih Sultan Mehmet Bul. No:3 İç kapı no:70 Tuzla/İstanbul, Turkey

12. 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 12 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.

13. LINKS

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.

14. ADVERTISERS

You, as a Listing Owner or as a Guest, 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.

15. MONITORING

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.

16. USER CONDUCT

1. In General

Guests and Listing 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 Listing Owners or Guests’ 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.

2. Comments posted on the Site

If the Service Provider deems appropriate, comments of the Guests and Listing Owners regarding each other can be posted on the Site. Such a possibility of a posting on the Site does not mean that any comment transmitted by any Member will definitely be posted or (if posted) that such comment will be posted as a whole. The Service Provider decides at its own and free discretion, if any comment conveyed to itself for the posting on the Site (or otherwise shared) by a Guest or Listing Owner will actually be posted on the Site. The Service Provider may, if it wishes, post a comment only partially, furthermore, if the Service Provider wishes, it can revise a comment conveyed to itself freely (i.e. change its contents) as per its free discretion and post the comment in such new version, or request the Guest or Listing Owner to change the contents of such comment.

As a general principle, the Service Provider plans to post comments on the relevant part of the Site, which comments are deemed by the Service Provider to be complying with the community guidelines, determined freely by the Service Provider at its own discretion ("Viravira Community Rules"). However, as mentioned above, the Service Provider is not obligated to post any comment. Additionally, all powers regarding Viravira Community Rules rest with the Service Provider. The Service Provider is not obligated to post or publish the Viravira Community Rules. The Service Provider may keep these rules as a secret, if it wishes, and may change such rules at any time it finds appropriate.

17. SUSPENSION, TERMINATION AND DEACTIVATION

You as a Listing Owner or as a Guest 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 Booking 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 Listing Owners and the Guests, all clauses relating to intellectual and industrial property rights, and also, clause 18 – "Disclaimers", clause 19 – "Limited Liabilities", clause 24 – "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).

18. DISCLAIMERS

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, Guests and Listing 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 Equipment 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, Equipment, 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 Listing Owners or Guests, 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 Equipment 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 Listing Owners for the purpose of accepting payments from Guests on behalf of the Listing Owners, Service Provider explicitly disclaims all liability for any act or omission of any Guest or any Listing Owner or other third party, and the Service Provider shall never be responsible or liable for any action or omission or any breach of any agreement/contract (including – without limitation – this Agreement and the DSA) of/by any Guest, Listing Owner or any other person. Service Provider explicitly disclaims all liability regarding any taxes, fees or penalties Guests and Listing Owner are responsible to pay, and the Service Provider is not responsible or liable to pay any taxes, fees or penalties, the Guests and the Listing 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).

19. 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 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 GUEST OR AS A LISTING 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 LISTING 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 AN EQUIPMENT OR TO THE LISTING OWNER BY THE USERS OF THE WEBSITE (IN THAT CONTEXT, THEY SHALL NOT BE LIABLE TO COMPENSATE SUCH DAMAGES, LOSS OR ECONOMIC LOSS).

20. INDEMNIFICATION

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 an Equipment or an Experience, (iii) creation of a Listing or (iv) the use or condition of an Equipment, including, but not limited to any injuries, losses, or damages of any kind arising in connection with or as a result of Booking of an Equipment or an Experience.

21. NOTICES

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 (iii) via Knot Application. For such notices, the date of dispatch by e-mail, the date of posting of the relevant post/notification on the Website and the date of dispatch of the relevant notification over the Knot Application 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 Guest and the Listing Owner are obligated to follow-up notifications regarding a Booking, that are sent via e-mail or made via the Website. Such notifications shall be valid and they shall be deemed to be received and read at the date, at which they are made. In the event that there is any disagreement with respect to the information contained in such notifications, then the Guest and the Listing Owner are responsible to notify the Service Provider as soon as such a disagreement arises.

22. FORCE MAJEURE

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. In this Agreement ‘force majeure’ means any acts, events, accidents or Acts of God which (i) are beyond the reasonable control of the Listing Owner, (if any) the crew of the Equipment, Service Provider, or the Guest, and (ii) cannot be expected to be foreseen by such persons and (iii) prevents any other boat of similar characteristics from cruising or prevents any other Equipment of the similar nature from departing towards the planned destination (including, but not limited to, strikes, lock-outs, civil commotion, riots, acts of terrorism, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, governmental act or regulation, contaminated fuel, all of which (i) are not caused by default of the Listing Owner, the crew, the Guest or the Service Provider and (ii) could not be foreseen). Crew changes and shipyard delays not attributable to the aforementioned causes, as well as weather conditions, that had been foreseeable in advance, do not constitute force majeure. Furthermore, personal inability to fulfil any obligation does not 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.

23. 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 as well as the provision of the Equipment or the Viravira Experience by the Listing Owner are "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 Equipment and Experiences).

Even if the Guest re-delivers the Equipment at a date earlier than the Check-out Date indicated in the Booking details, no portion of the Full Booking Fee shall be refunded to the Guest.

24. APPLICABLE LAW AND JURISDICTION

This Agreement shall be governed and construed and interpreted in accordance with the Laws in the Republic of Turkey and – save for the mandatory provisions of the law on the consumer disputes – all disputes arising from and with respect to the Agreement shall be exclusively settled by Istanbul (Central) Courts and Execution Offices.

25. COMMERCIAL ELECTRONIC MESSAGE

Each Member (i.e. Guest or Listing Owner) accepts this Terms of Use Agreement (i.e. this Agreement) by becoming a member of the Website operated by the Service Provider; and by accepting this Agreement, within the scope of the Law No. 6563 on the Regulation of Electronic Commerce, each Member gives his/her consent/permission, with his/her enlightened explicit consent, to (i) the fact that the Service Provider (i.e. Viravira Teknoloji ve Turizm Anonim Şirketi) engages (by itself and / or via service providing third parties) in commercial communication activities directed to him/her (the Member) within the scope of general or Member-specific personalized campaigns, advantages, promotions, advertisements, information, marketing activities, product and service promotions with respect to all kinds of products and services to be offered by the Service Provider (i.e. Viravira Teknoloji ve Turizm Anonim Şirketi) through the current contact information that he/she (the Member) has shared with the Service Provider; (ii) SMS and e-mails are sent and calls are made to him/her (to the Member) within this framework; and commercial electronic messages are sent to him/her (to the Member) for the purposes of informing about promotions, advertisements, campaigns, offers, proposals, announcements, celebrations, discounts, promotions, gifts, contests, wishes, sweepstakes/raffles and surveys for customer satisfaction in relation to products and services, (iii) he/she (the Member) is contacted for these purposes, his/her (Member's) personal data is processed for these purposes and such data is transferred to third parties from whom services are received.

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.