Terms of Use

1. Parties and Acceptance

These Terms of Use govern the relationship between INDIGOSAIL - Berkay Soydan ("indigosail"), which operates the www.indigosail.com website (the "Site"), and users who use the Site or submit requests ("User"). Anyone using the Site is deemed to have accepted these terms.

2. Identity of the Site Owner

3. Nature of Services, Responsibilities and Roles

indigosail offers yacht charter, yacht maintenance/repair and yacht brokerage services through the Site. The legal status and responsibilities of indigosail vary depending on the type of service received by the User, as detailed below:

3.1. Yacht Charter (Listing and Intermediation Platform)

• indigosail is not the owner or operator of any yacht/boat. In this area it acts solely as a promotional, listing and intermediation platform; it is not the party organizing any tours.
• The actual service contract is concluded directly between the relevant boat owner/operator and the User, and is performed directly by them.
• Because indigosail is not a party to the charter contract, it cannot be held responsible for non-performance, accidents or cancellations of the service.

3.2. Yacht Maintenance and Repair Services (Direct Performance)

• indigosail acts as the direct service provider for these services.
• The service may be provided by indigosail's own teams or by craftsmen/subcontractors authorized by indigosail.
• Warranty, duration and technical responsibilities relating to the maintenance/repair process are determined by a service contract executed specifically for the work between the parties.

3.3. Yacht Sale and Purchase Transactions (Brokerage)

• indigosail acts as an intermediary/broker bringing the buyer and seller together.
• indigosail neither owns the yacht being sold nor is its seller. indigosail bears no responsibility for the legal status, history, apparent or latent defects or damages of the yacht. The responsibility for inspection (survey) lies entirely with the buyer.

4. General Limitation of Liability

indigosail is not liable for indirect damages or force majeure events (adverse weather conditions, restrictions, breakdowns) arising from the services it intermediates (charter and brokerage). For maintenance/repair work performed directly, liability is limited by the relevant sub-contracts. Mandatory consumer rights under Law No. 6502 on the Protection of the Consumer are reserved.

5. Distance Service Fee and Exception to the Right of Withdrawal

The amount paid by the User to indigosail within the scope of a yacht charter request is not a tour or package holiday fee; it consists of the "indigosail.com Reservation and Coordination Service Fee" for establishing the reservation with the boat owner, together with the charter fee of the vessel.

Pursuant to Article 15/1-(g) of the Regulation on Distance Contracts, the consumer has no unconditional right of withdrawal in contracts relating to accommodation, transport and leisure services for recreation and entertainment that are to be performed on a specific date or period. Accordingly, the 14-day unconditional right of withdrawal does not apply to date-specific yacht charter reservations; cancellation and refund conditions are governed by Article 6 below.

6. Cancellation, Refund and Force Majeure

• For cancellations initiated by the User, the deposit/advance payment made for the reservation is subject to the cancellation conditions specified in the charter contract concluded with the boat owner.
• Where the cruise cannot take place due to force majeure such as adverse weather, storms, navigation bans imposed by the harbour master, or mechanical failure of the vessel, rescheduling to another suitable date is offered first.
• If rescheduling is not possible, the amount paid is refunded to the extent agreed with the boat owner. Third-party costs already incurred (if any) may be deducted from the refund amount.
• As an intermediary platform, indigosail cannot be held liable for damages arising from force majeure or from the boat owner's failure to perform; mandatory rights under Law No. 6502 on the Protection of the Consumer are reserved.

7. Intellectual Property and Other Provisions

All logos, trademarks, visuals and content on the Site belong to indigosail; they may not be copied or used without permission. Turkish law applies to these Terms, and the Istanbul Courts and Enforcement Offices are competent for any disputes that may arise.