1. Data Controller
The purpose of this information text is to illuminate data subjects on the processing and protection of personal data provided by members and users of the website www.bookcatamaran.com , managed by Akdeniz Katamaran Yatçılık Turizm Sanayi Ticaret Anonim Şirketi (hereinafter referred to as “Company”), located in “Barbaros Mahallesi Çiğdem Sokak Ağaoğlu My Office Blok No:1/38 Ataşehir – Istanbul”, which is obtained during use of the website (hereinafter referred to as “Website”) by such members and users.
Accordingly, your personal data may be processed by the Company, acting in the capacity of data controller, within the following scope as per Law No. 6698 on the Protection of Personal Data (the Law).
2. Purposes for which Personal Data May Be Processed
Personal data obtained during the use of the Website by members and users may be processed in keeping with the basic principles prescribed under the Law, and within the scope of the conditions on the processing of personal data listed in Articles 5 and 6 of the Law, for the purposes of membership application and processes, yacht rental transactions, user and account identification, identity verification, accounting, finance and payment operations, investor relations, optimisation and technical developments, sales and marketing management, business development, advertisement and promotion management in digital and other channels, corporate communication and reputation management, member relations management, master data creation, member satisfaction and loyalty, follow-up and conduct of legal procedures, carrying out requests by official bodies, information and system security, and brand research.
3. To Whom and for What Purposes Processed Personal Data May Be Transferred
TYour personal data that is collected may be transferred to our business/solution partners, suppliers, lawfully authorised public bodies, and private persons authorised by law, and to third persons within the framework of the personal data processing conditions and purposes specified in Article 8 of the Law in order to carry out the objectives specified in this information text.
4. Method of, and Legal Grounds for, Collecting Personal Data
Your personal data that is processed by our Company consist of your information that is in the nature of personal data, provided by you when creating an account on the website, on electronic media through the channels of the website, as well as new data generated through such information.
Your personal data is collected on electronic media based on the conditions for the collection of personal data as specified in Articles 5 and 6 of the Law, for the purpose of personalising services according to your taste, choices and habits of use in order that they may be presented or introduced to you, based on the legal grounds of the performance of the contract within the scope of allowing you to benefit from services when using the Website in accordance with your preferences, and subject to your express consent.
5. Basic Rules Relating to the Collection of Personal Data
a) Compliance with the law and rules of integrity: The Company investigates the source of the data it collects or obtains from other companies, and attaches importance to their having been obtained in compliance with the law and within the framework of the rules of integrity.
b) Being accurate and, when required, up-to-date: The Company attaches importance to ensuring that all data it holds is accurate and contains no inaccurate information, and to updating any changes in personal data if informed of such.
c) Being processed for specific, clear and legitimate purposes: The Company processes information only for the purposes it indicates, and for which it obtains permission from the concerned party when providing services. It does not process, use, or allow the use of data other than for its business purposes.
d) Being related, limited and proportionate to the purpose for which it is processed: The company uses the data only as needed for the purpose, and as required by the service for which it is processed.
e) Being kept for the duration that is set forth in the applicable legislation, or that is necessary for the purpose for which it is processed: The Company keeps data originating from contracts in case of disputes, for the requirements of commerce and tax law, and in line with the customs of the industry. Nevertheless, it deletes or anonymises the data when these purposes cease to exist.
We must point out that the above principles apply regardless of whether the Company collects or processes the data based on consent or in keeping with the law.
6. Your Rights as Data Subject as per Article 11 of the Law
We would like to inform you of the following rights you are entitled to exercise as a data subject as per Article 11 of the Law:
Ø To learn whether or not your personal data has been processed,
Ø To request information on the procedure, if your personal data has been processed,
Ø To obtain information about the purpose of processing your personal data, and whether or not it has been used in line with the relevant purpose,
Ø To obtain information about the third parties to whom your personal data was transferred within the country or abroad,
Ø To request correction of your personal data if it has been processed incompletely or inaccurately, and to request that the third parties to which your personal data has been transferred also be informed of such correction procedures,
Ø In the case where, although it has been processed pursuant to the provisions of the Law and other relevant laws, the reasons requiring it to be processed have ceased to exist, to request that personal data is deleted, destroyed or anonymized and to request the third parties to whom your personal data is transferred be informed of the procedure carried out in this context,
Ø To object to the occurrence of a result which is detrimental to you as a result of analyzing your processed data exclusively through automated systems,
Ø To request compensation for damages in case you incur damages as a result of the illegal processing of your personal data.
Personal data subjects may communicate their requests relating to the above rights to the Company by completing the application form they may obtain from the Company’s official website, signing it with their authentic signature, and sending it to our company’s address via registered letter, accompanied by a photocopy of their identity documents (only the front side in the case of identity cards). Your application shall be answered as soon as possible depending on its contents, and in any case no later than 30 days following the date on which it was received by our Company. You must file your application via registered mail. Also, only those parts of your application concerning yourself shall be answered, and no applications made with respect to your spouse, relatives or associates shall be accepted. The Company may request further information and documents from the applicant.
Within the scope of the Law on the Regulation of Electronic Commerce, the member consents to receiving commercial electronic messages at their communication addresses that are already in the possession of Akdeniz Katamaran, or those that they may provide in the future. All kinds of commercial messages containing data, audio or images for whatever purpose, including, but not limited to, electronic messages relating to changes to, and use and maintenance of, received goods and services may be sent on electronic media by means such as telephone, call centres, fax, automatic call machines, smart voice recording systems, electronic mail, and short message services.
WEBSITE TERMS AND CONDITIONS OF USE
Article 1 – PARTIES
This agreement was executed by and between Akdeniz Katamaran Yatçılık Turizm Sanayi Ticaret Anonim Şirketi having its headquarters at “Barbaros Mahallesi Çiğdem Sokak Ağaoğlu My Office Blok No:1/38 Ataşehir – Istanbul”, which holds all rights to the website operating under the domain name www.bookcatamaran.com (hereinafter referred to as Akdeniz Katamaran”), and the Member who has become a member of the website (hereinafter referred to as “Member”) during their registration over the website www.bookcatamaran.com of their own will. By becoming a member of the website the Member accepts, represents and undertakes to having read and understood this Agreement in its entirety, and to have agreed to all of its terms and conditions.
Article 2 – DEFINITIONS
The following terms used in this Agreement shall have the following meanings;
Akdeniz Katamaran: Akdeniz Katamaran Yatçılık Turizm Sanayi Ticaret Anonim Şirketi,
Member: The real or legal entity becoming a member of the website,
Website: The website carrying out yacht rental operations under the domain name www.bookcatamaran.com owned by Akdeniz Katamaran,
Yacht: Sail or engine powered marine crafts, catamarans, or those powered by wind or engine,
Agreement: This “Website Terms and Conditions of Use and Membership Agreement”.
Article 3 – SUBJECT OF THE AGREEMENT
This Agreement was issued for the purpose of identifying the procedures and principles applying to the rental of the yachts introduced on the website by Akdeniz Katamaran over the Internet, and the mutual rights and obligations of Akdeniz Katamaran and the Member. This Agreement shall apply to the yacht(s) to be presented on the website, and to be rented by the member.
Article 4 – AKDENİZ KATAMARAN’S RIGHTS AND OBLIGATIONS
4.1. While taking all reasonable security measures prescribed by law to prevent the loss, abuse or alteration of the personal identity, address and contact information under its control, Akdeniz Katamaran cannot guarantee the security of such information. The information and data the Member transfers to the website shall not be considered as confidential information.
4.2. For security purposes, Akdeniz Katamaran may monitor and record all of the Member’s activity on the website, and, if it deems necessary, may intervene by removal from the website, suspension or cancellation of the membership, or any other means.
4.3. Akdeniz Katamaran may change the form and contents of the website in whole or in part without prior notice to the Member, may change the domain name under which the website operates, may use different subdomain names, or may reroute and/or close down domain names.
4.4. Akdeniz Katamaran may, at any time and without giving a reason, and without prior notice to the Member, change the scope and types of the services it supplies over the website, or may partly or wholly suspend, discontinue or altogether terminate the services offered over the website.
4.5. Akdeniz Katamaran may effect changes and/or updates to the service or rental conditions and practices for the purpose of rendering the business and transactions specified herein more effective. The members accept and undertake to have agreed to such changes, and to act in compliance with such.
4.6. This Agreement contains no guarantees as to the number, make, model year and similar matters relating to the rental to be provided by Akdeniz Katamaran. The Member may claim no rights and receivables from Akdeniz Katamaran under whatsoever name in connection with such reasons.
4.7. Akdeniz Katamaran is entitled to refuse to start, discontinue and/or terminate the rental operations unilaterally. The Member accepts, represents and undertakes that they shall have no right to objection on this matter.
Article 5 – RIGHTS AND OBLIGATIONS OF THE MEMBER
5.1. Membership shall be completed with the membership procedure specified on the website having been carried out by the applicant, and the registration process having been performed. By becoming a member, the Member agrees to the terms of conditions hereof, and all current and future representations made by Akdeniz Katamaran with respect to membership and services.
5.2. The Member accepts and represents that the identity, driver’s licence, address and contact information supplied by them during the membership process are complete and accurate, that they shall immediately communicate any changes in such information to Akdeniz Katamaran, and that they shall be solely liable for any legal disputes and loss that may arise from their supply of missing, outdated or inaccurate information. Akdeniz Katamaran shall bear no liability and/or fault that may arise therefrom.
5.3. The Member accepts and undertakes to act in keeping with the laws of the Republic of Turkey and general morals while benefiting from the services provided on the website, to avoid acts involving defamation, threats, slander, harassment, etc., political or ideological propaganda, any conduct that may disturb other members, conduct that may defame individuals or corporations, and any act that may cause the disruption or discontinuation of the services supplied on the website, and to be held responsible for any damages that may otherwise arise.
5.4. The Member accepts and undertakes that they shall not infringe third persons’ rights within the scope of intellectual and industrial property rights, shall respect third persons’ copyrights, shall not engage in unfair competition, and shall respect the trade secrets and private lives of third persons.
5.5. The Member accepts and undertakes that they shall use a password that cannot be easily guessed by others when using the website, that they shall not share their username, password, etc. with others, that they shall be solely responsible for the security of such information as they are not kept on the website’s database, and that Akdeniz Katamaran shall under no circumstances be held responsible with respect to such matters.
5.6. The Member accepts and undertakes that they shall only use membership accounts belonging to themselves, that they shall not use membership account information belonging to others, nor shall they allow others to use their membership account, and that acting to the contrary may cause Akdeniz Katamaran to cancel their membership and claim any current / future damages.
5.7. The Member accepts and undertakes to avoid transmitting malware, malicious software, codes and similar materials to the website, as well as any conduct that may compromise the security of the website and of other members.
5.8. The Member may not assign their membership account to third persons.
5.9. The Member may not restrict or prevent the use of the website by others, and may not interfere with the operation of the website or the servers or networks used to make the website available.
5.10. Akdeniz Katamaran shall not be held responsible for direct or indirect losses relating to the Member’s access to, and use of, the website, including, but not limited to, cyberattacks affecting their software and/or damages and losses caused by the information they obtain from the website.
5.11. The Member agrees that they will not use any tool, software or device to interrupt or attempt to interrupt the functioning of the operation of the website, will not access the website without authorisation and perform unauthorised procedures, and will not access and use the software and data of other internet users without permission.
Article 6 – INTELLECTUAL PROPERTY RIGHTS
6.1. The presentation and entire contents of the website is protected by the legislation of the Republic of Turkey, and legislation on intellectual property, and all information and data published on this website, particularly trademarks, logos and service marks, belong to Akdeniz Katamaran and its licensors. The Member may not directly or indirectly distribute, transmit, change, copy, view, reproduce, publish, process or otherwise utilise the contents of the website as they are or otherwise, and may not allow others to access or use the services provided by the website without Akdeniz Katamaran’s written consent. Otherwise, the Member shall be liable to pay Akdeniz Katamaran all damages incurred / to be incurred by Akdeniz Katamaran or those claimed against Akdeniz Katamaran due to losses incurred by third persons including, but not limited to, licensors.
6.2. Akdeniz Katamaran’s rights relating to all of its assets including, but not limited to, website services, website information, works on the website subject to copyright, the website’s trademarks, commercial appearance or any material and intellectual property rights relating to the Website, and its real and personal rights, commercial information and know-how remain reserved.
6.3. All rights relating to all texts, graphs, visuals and pictures on the website remain reserved, and may not be used without permission.
6.4. The unpermitted use of any financial rights relating to the contents, design and software of the website (processing, reproduction, dissemination, representation and publication), and any unpermitted disclosure and use, without limitation, shall constitute a breach of intellectual and industrial property rights.
6.5. The Members accept and undertake to act in compliance with the provisions of the Turkish Code of Obligations, the Turkish Criminal Code, the Law on Intellectual and Artistic Works, the Turkish Commercial Code, the Decree Law on Brands, and any other existing or future legislation when using the website. All legal, administrative, penal and financial responsibility arising from contrary use shall be borne by the Member, Akdeniz Katamaran’s right to recourse remaining reserved.
Article 7 – RESPONSIBILITY
7.1. The Member acknowledges that there may be problems arising, without limitation, from incompleteness in the information and services provided / published on the website, communication problems, technical problems, infrastructure and internet failures, power outages and/or other problems; Akdeniz Katamaran shall be authorised to interrupt, discontinue or terminate its yacht rental operations on the website without notice to the Member or without citing a reason in the event of such problems/failures. The Member may claim no rights and payments from Akdeniz Katamaran under whatsoever name in connection with such reasons.
7.2. Akdeniz Katamaran does not guarantee that the service shall be flawless or constantly available, or free from viruses and other harmful agents. Akdeniz Katamaran may not be held responsible for direct and/or indirect damages arising from the member’s use of any product or service. The member accepts and represents that they shall be solely responsible for any damages and losses arising from their use of the service or the website.
7.3. Akdeniz Katamaran may not be held responsible for direct and/or indirect damages arising from the member’s use of any product or service on the website. The member accepts and represents that they shall be solely responsible for any damages and losses arising from their use of the service or the website.
Article 8 – FORCE MAJEURE
In cases of “Force Majeure”, which involve situations that are outside said party’s control and that the concerned party is unable to prevent or avoid in spite of having shown due care, including, but not limited to, acts of God, insurrection, war, strikes, epidemics, communications problems, technical problems, infrastructure and Internet failures, power outages and adverse weather conditions, Akdeniz Katamaran shall be entitled to delay its performance of any of its obligations hereunder, or partly perform or not perform them. Akdeniz Katamaran’s obligations shall be suspended for the duration of such Force Majeure. In such cases, no incomplete performance or lack of performance or default shall be attributed to Akdeniz Katamaran. No damages under whatsoever name shall be claimed against Akdeniz Katamaran in such cases. Akdeniz Katamaran shall be entitled to unilaterally terminate this Agreement without compensation and notice should such Force Majeure last over 7 (seven) days.
Article 9 – TERMINATION OF MEMBERSHIP AND THE CONTRACT
9.1. In the event that the Member partly or wholly acts contrary to any of its obligations arising herefrom, Akdeniz Katamaran may unilaterally terminate this Agreement and the Member’s membership without notice or citing cause, and may partly or fully suspend or terminate the service procured, being procured or to be procured by the Member from the website. The Member may make no claims or demands against Akdeniz Katamaran in the case of such termination. The member may not make objections regarding this matter.
9.2. Akdeniz Katamaran shall be authorised to unilaterally terminate this Agreement and the Member’s membership, and to partly or fully suspend or altogether terminate the services procured, being procured or to be procured by the Member from the website without cause or notice if it so wishes. In such case the Member may not claim rights, receivables, lost profit, damages or any other payment whatsoever against Akdeniz Katamaran on the grounds that the termination was unjust, inappropriate, groundless, unprovoked and untimely, that the act was perpetrated in bad faith, or for any other reason or excuse.
As per Law No. 6502 on the Protection of the Consumer and the Regulation on Distant Contracts, the Consumers’ right of withdrawal does not apply to contracts relating to (a) goods prepared in line with the wishes and personal needs of the Member, (b) the delivery of perishable or expirable goods, (c) goods whose protective elements such as packages, bands, seals and packs have been broken following delivery, (d) goods which mix with other products after delivery and which, by nature, cannot be segregated, (e) books, digital contents and computer consumables presented in hard copies, whose protective elements such as packages, bands, seals and packs have been broken following delivery, (f) delivery of periodicals such as newspapers and magazines other than those supplied within the scope of a subscription agreement, (g) the supply of food and beverages and leisure time activities for the purpose of entertainment or rest, (h) instantly performed services on electronic media, or non-material goods delivered instantly to the Member, (i) services the performance of which has begun upon the Member’s consent before the expiry of the period for exercising the right of withdrawal, and (j) goods or services the prices of which change according to the fluctuations in the financial markets, and which are not under the seller’s or supplier’s control.
Since the service supplied by Akdeniz Katamaran is a service relating to “accommodation, goods transport, automobile rental, food and beverages supply and utilisation of leisure time for the purpose of entertainment or rest, which must be performed on a certain date or during a certain period”, the Members do not enjoy the right of withdrawal with respect to the products and services they procure through the Website (including - without limitation - all kinds of Experience and Boat rental).
Article 11 – TERM OF THE AGREEMENT
This Contract shall come into effect upon its approval by the Member on the website, and shall terminate without notice upon Akdeniz Katamaran’s termination of the Member’s membership and/or the termination of the services offered on the website and/or the Member’s termination of their membership.
Article 12 – CONFIDENTIALITY
The Member shall keep confidential any information of a commercial, financial, legal or technical nature, which is or is not in the nature of a trade secret or subject to legal protection, they have obtained with respect to Akdeniz Katamaran directly or indirectly during the performance hereof, and shall not disclose such information to any other persons without Akdeniz Katamaran’s consent. Otherwise, the Member shall be held responsible for all losses incurred by Akdeniz Katamaran. Also, Akdeniz Katamaran may collect the Member’s identity, address, contact, IP and website usage information for all lawful purposes including, but not limited to, conducting user profile and market research, and creating booking and site usage statistics, and may use such information without restriction. Akdeniz Katamaran shall be authorised to share information on the Member with insurance companies and banks and any other third persons / corporations it deems necessary in connection with the services supplied on the website. Also, Akdeniz Katamaran may share this information with third persons / corporations for the purpose of complying with legal requirements, or when required in connection with an investigation or research conducted by competent judicial or administrative authorities, or in order to protect the rights and security of users. This provision relating to confidentiality shall survive the termination of the Agreement.
Article 13 – NOTICES
The Parties accept and undertake that the addresses provided during the membership process are their legal notification addresses, and that any notices served at these addresses shall be considered duly served unless any changes in these addresses are communicated to the other party in writing.
The Member has consented that any changes in the agreement or the services, the termination of membership, the termination or expiration of this Agreement, etc. may be communicated to the email address they have provided during the membership process, and agrees and undertakes that notices served via email shall be considered served as of their time of transmission by Akdeniz Katamaran with all their legal consequences whether or not they have reached the recipient. Akdeniz Katamaran shall not be held responsible for the delayed receipt or failed receipt of the notice by the Member, and its consequences.
Article 14 – AMENDMENTS TO THE PROVISIONS OF THE AGREEMENT
Akdeniz Katamaran shall be entitled to unilaterally amend the provisions hereof without notice or providing a reason to the Member. The Member shall be considered as having agreed to any such amendments as soon as they have been published on the Website. The Member has agreed to this matter in advance.
Article 15 – JURISDICTION AND EVIDENTIAL CONTRACT
15.1. The settlement of any disputes arising from the performance hereof shall be governed by Turkish Law, and the Courts and Enforcement Offices of Istanbul shall have jurisdiction.
15.2. The Member acknowledges that any documents, records and books of Akdeniz Katamaran, and any information, texts and records on Akdeniz Katamaran’s Internet media shall constitute sole, exclusive and definitive evidence, and shall be binding, in connection with any disputes, and that this Article constitutes an evidential contract within the scope of Article 193 of the Code of Civil Procedure.
Article 16 – MISCELLANEOUS
16.1. The nullity or unenforceability of any provision hereof for whatever reason shall not affect the force of the remaining articles of the Agreement.
16.2. Akdeniz Katamaran’s failure or delay in exercising any right or power it holds hereunder shall not constitute a waiver of such right or power, and the individual or partial exercise of any right or power shall not prevent the subsequent exercise of that same right or power. Any waiver of any condition, article or provision hereof shall not constitute, or shall not be construed to constitute, a subsequent or permanent waiver of such condition, article or provision.
16.3. Upon its approval on the website, this Agreement shall supersede any agreement previously approved on the Website. The provisions hereof shall apply in the case of any dispute regardless of which contract was in force at the time of such dispute. The member accepts, represents and undertakes that it has no rights or receivables against Akdeniz Katamaran in connection with any agreement or commercial operation approved previously on the Website, that they irrevocably release Akdeniz Katamaran in all respects at the broadest sense, and that all of its present and/or future liabilities towards Akdeniz Katamaran related to the agreement or commercial relation in question stand.
16.4. The member represents that they have read and understood all of the practices and rules on the website. The member represents that they have knowingly and comprehendingly accepted also the arrangements that may operate against them in the Agreement.
16.5. The Member may not transfer or assign its rights, receivables and obligations arising herefrom to third persons without Akdeniz Katamaran’s prior written consent.
16.6. To the extent permitted by law, Akdeniz Katamaran shall not be liable for indirect, consequential or punitive damages (including, without limitation, lost profit). Akdeniz Katamaran’s liability arising from the breach of any obligation or warranty, including its obligation to indemnify the Member, and that of indemnifying third persons, shall be limited to the total amount to be paid to Akdeniz Katamaran in connection herewith. In any case, Akdeniz Katamaran shall in no manner be held liable for any indirect losses incurred by the Member.
16.7. Members under eighteen (18) years of age may not rent yachts by using the website. In order to rent, the Member shall represent, undertake and guarantee that they are over eighteen (18) years of age, and that all of the personal information they have provided is accurate.
ARTICLE 17 – FORCE AND APPROVALL
This Agreement consisting of 17 Articles shall come into force upon its approval by the Member. Akdeniz Katamaran may make any revisions hereto at any time, and such revisions shall enter into force without being subject to notice and/or acknowledgment on the date written on them by Akdeniz Katamaran, the version number and date of revision being indicated.