TERMS AND CONDITIONS FLAKA TURIZM LTD STI – BODRUM

GENERAL
By making the first deposit, the CHARTERER – generally accepted as he or she who is mentioned in the confirmation / invoice that forms the bases of the agreement, agrees with the conditions as shown below. Deviating from this agreement does not release the CHARTERER from the full payment obligation towards owners, Flaka Turizm Ltd. Sti. also trading as Flaka Sailing  and Flaka Cruising or any of her subsequent agents worldwide.

CLAUSE 1. AGREEMENT TO LET AND HIRE
The owner, Flaka Turizm Ltd. Sti. agrees to let one of her Vessels to the CHARTERER and not to enter into any other Agreement for the Charter of that Vessel for the same period.

The CHARTERER agrees to hire the Vessel and shall pay the Charter Fee and any other agreed charges, in cleared funds, no later than the dates and to the Account specified in this Agreement.

CLAUSE 2. DELIVERY
Flaka Turizm Ltd. Sti., shall at the beginning of the Charter Period deliver the Vessel free of encumbrance to the Place of Delivery in compliance with its flag state requirements and the CHARTERER shall enter the vessel in full commission and working order. The Vessel shall be insured, seaworthy, clean, in good condition throughout and ready for service, with full equipment, including up-to-date safety and life-saving equipment (including life -jackets for children if any are carried in the CHARTERER’s Party), as required by the Vessel’s registration authority and fitted out as appropriate for a Vessel of her size and type and enabling the CHARTERER to use the Vessel as set out in Clause 13. Flaka Turizm Ltd. Sti. does not warrant her use and comfort in bad weather conditions for all cruises or passages within the Cruising Area.

CLAUSE 3. EMBARKING and DISEMBARKING
The CHARTERER shall embark and disembark the Vessel at the Place designated by Flaka Turizm Ltd. in Turkey and Turkey only. Embarking shall be no earlier than 15.30 hrs at a port convenient within the limits of Bodrum Municipality or at a port  as agreed with CHARTERER. NOTE: If CHARTERER is unable to reach the port of Embarkation or arrive late, this shall not entitle the CHARTERER to any refund of the Charter Fee. CHARTERER will be disembarking the vessel latest 09.30 hrs on the last day of the charter period. The CHARTERER may, if he wishes disembark prior to the end of the Charter Period but such early disembarking shall not entitle the CHARTERER to any refund of the Charter Fee. The CHARTERER or any of his accompanying members specifically agrees NOT to leave the vessel while underway and for the duration of when the Vessel is in foreign waters. In case CHARTERER does so, all costs involved and occurring from such an event, including but not limited to legal fees, harbor costs, tax implications, fines, loss of use of the vessel, wages of crew, will be solely for the CHARTERER and a claim will rest upon him immediately. In case of medical reasons, CHARTERER agrees to be examined by a physician and fully cooperate with the authorities to determine whether leaving the vessel is granted by these authorities under the circumstances and a waiver freeing the CHARTERER from the above mentioned claim can only be given by the head office of Flaka Turizm Ltd. The above mentioned event is also compliant with Clause 13.

CLAUSE 4. CRUISING AREA

1. a) The CHARTERER shall restrict the cruising of the Vessel to within the Cruising Area and to within regions in the Cruising Area in which the Vessel is legally permitted to cruise and always under the supervision of the Captain and the crew. The CHARTERER shall also restrict time under way to an average of four (4) hours per day, unless the Captain, at his sole discretion, agrees to exceed this time.

CLAUSE 5. MAXIMUM NUMBER OF PERSONS – RESPONSIBILITY FOR CHILDREN – HEALTH OF THE CHARTERER’S PARTY

1. a) The CHARTERER shall not at any time during the Charter Period permit more than the Maximum Number of Guests Sleeping or Cruising on Board plus, at the sole discretion of the Captain, a reasonable number of visitors whilst the Vessel is securely moored in port or at anchor, or as permitted by the appropriate authority.
2. b) If children are taken on board, the CHARTERER shall be fully responsible for their conduct and entertainment and no member of the crew shall be held responsible for their conduct or entertainment.
3. c) The nature of a charter may render it unsuitable for anybody with physical disability or undergoing medical treatment. Under this Agreement the CHARTERER warrants the medical fitness of all members of the CHARTERER’s Party for the voyage contemplated by this Agreement. The CHARTERER and his party undertake to have all necessary visas and vaccinations for the countries to be visited.

CLAUSE 6. CREW

1. a) Flaka Turizm Ltd. Sti. shall provide a Captain qualified in accordance with the Vessel’s flag state requirements and acceptable to the insurers of the Vessel. He shall also provide a suitably qualified and properly trained Crew. No member of the Crew shall carry or use any illegal drugs on board the Vessel or keep any firearms on board (other than those declared on the manifest) and the Captain and Crew shall comply with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this Agreement to the best of their Knowledge.
2. b) It is understood that the Crew are entitled to a minimum amount of rest in accordance with the Vessel’s Code of Practice.
3. c) The Captain and Crew are bound at all times to keep all information related to this Charter, Flaka Turizm Ltd. Sti., the CHARTERER, and all Guests as confidential and no information is to be disclosed to any third party without prior permission in writing.

CLAUSE 7. CAPTAIN’S AUTHORITY AND RESPONSIBILITIES

1. a) Flaka Turizm Ltd. Sti. shall ensure that the Captain shows the CHARTERER the same attention as if the CHARTERER were Flaka Turizm Ltd. Sti.. The Captain shall comply with all reasonable orders given to him by the CHARTERER regarding the management, operation and movement of the Vessel, wind, weather and other circumstances permitting. The Captain shall not, however, be bound to comply with any order which might result in the Vessel moving to any port or place that is not safe and proper, or might result failing to re-deliver the Vessel upon the expiration of the Charter Period, or would, in the reasonable opinion of the Captain, cause a breach of Clause 13 and/or any other clause of this Agreement. Further, without prejudice to any other remedy of Flaka Turizm Ltd. Sti., if, in the reasonable opinion of the Captain, the CHARTERER or any of his Guests fail to observe any of the provisions in Clause 13 and if such failure continues after the Captain has given due and specific warning to the CHARTERER in writing in respect of the same, the Captain shall inform Flaka Turizm Ltd. Sti., the Broker and the Stakeholder, and Flaka Turizm Ltd. Sti. may terminate the Charter forthwith or instruct the Captain to return the Vessel to the Place of Re- Delivery and upon such return the Charter Period shall be terminated. The CHARTERER and his Guests shall disembark, the CHARTERER having settled all outstanding expenses with the Captain beforehand and the CHARTERER shall not be entitled to any refund of the Charter Fee.
2. b) With particular regard to the use of watersports equipment, the Captain shall have the authority to exclude the CHARTERER or any or all of his Guests from use of any particular watersports equipment if they are unsafe, or behaving in an irresponsible manner, or are under the influence of alcohol, or are failing to show due concern for other persons or property when operating this equipment.

NOTIFICATIONS BY THE CAPTAIN
The Captain shall immediately notify the Broker and Stakeholder of major breakdowns, disablements, accidents, or other significant incidents that occur during the Charter Period.

CLAUSE 8. OPERATING COSTS
The Charter Fee includes the charter of the Vessel with all its equipment in working order; tools; stores; cleaning materials and basic consumable stores for engine room, deck, galley and cabins; laundry of ship’s linen; the crew’s wages, uniforms and food; the insurance of the Vessel and crew as per Clause 16; fuel for the main engines and generators; food and all soft and local alcoholic beverages for the Charter Party; charges for water and electricity taken from shore; berthing dues and cruising taxes within Turkish waters; . The CHARTERER will pay, at cost, for all other expenses if not specifically agreed that they are included in the Charter agreement. These include, but are not limited to, shore side transport and excursions; fuel for tenders and water sports equipment; whilst the yacht is cruising in non-Turkish waters: berthing dues and other harbor charges including pilots’ fees, local taxes, divers’ fees, customs formalities and any charges for waste disposal and ships’ agents’ fees where applicable; personal laundry; Charter Party communications and internet use; and hire or purchase costs of any special equipment placed on board at the CHARTERER’s request.

PAYMENT OF ADDITIONAL COSTS
Prior to disembarkation at the end of the Charter Period, the Captain shall present to the CHARTERER a detailed account of expenditure, with as many supporting receipts as possible, and the CHARTERER shall pay to the Captain the balance of the expenses or the Captain shall repay to the CHARTERER any balance overpaid, as the case may be.

Payment by cheque, credit card or other negotiable instrument is not normally acceptable due to the itinerant nature of the Vessel’s seasonal schedule and the CHARTERER should therefore ensure that he has sufficient funds available to cover all foreseeable expenses or arrange to deposit additional funds with the Broker.

CLAUSE 9. DELAY IN DELIVERY

1. a) If, by reason of force majeure (as defined in Clause 18 (a)), Flaka Turizm Ltd. Sti. fails to deliver the Vessel to the CHARTERER at the Place of Delivery at the commencement of the Charter Period and delivery is made within forty-eight (48) hours of the scheduled commencement date, or within one tenth (1/10th) of the Charter Period, whichever period is the shorter, Flaka Turizm Ltd. Sti. shall pay to the CHARTERER a refund of the Charter Fee at a pro rata daily rate or if it be mutually agreed Flaka Turizm Ltd. Sti. shall allow a pro rata extension of the Charter Period.

FAILURE TO DELIVER

1. b) If, by any reason or force majeure, Flaka Turizm Ltd. Sti. fails to deliver the Vessel within forty-eight (48) hours or a period equivalent to one-tenth (1/10th) of the Charter Period, to the Place of Delivery, whichever period is the shorter from the due time of delivery, the CHARTERER shall be entitled to treat this Agreement as terminated. The CHARTERER’s exclusive 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. Alternatively, if the parties mutually agree, the Charter Period shall be extended by a time equivalent to the delay or postponed to a mutually agreed time.

CANCELLATION BY Flaka Turizm Ltd. Sti

1. d) If prior to the commencement of the Charter Period as set out in Page One of this Agreement, the Flaka Turizm Ltd. Sti tenders notice of cancellation via the Broker and if the cancellation is by reason of force majeure, the remedy in (b) above shall apply.
2. e) If the cancellation is for any reason other than force majeure, the CHARTERER shall be entitled to immediate repayment without interest of the full amount of all payments made by him under the terms of this Agreement

CLAUSE 10. DELAY IN RE-DELIVERY

1. a) If re-delivery of the Vessel is delayed by reason of force majeure, re-delivery shall be effected as soon as possible thereafter and in the meantime the conditions of this Agreement shall remain in force but without penalty or additional charge against the CHARTERER.
2. b) If the CHARTERER fails to re-deliver the Vessel to Flaka Turizm Ltd. Sti at the Place of Re-Delivery due to intentional delay or change of itinerary against the Captain’s advice, then the CHARTERER shall pay forthwith to Flaka Turizm Ltd. Sti. via the Broker’s Account demurrage at the daily rate plus fifty percent (50%) of the daily rate. The CHARTERER shall be liable for all operating costs as per Clause 8 and indemnify Flaka Turizm Ltd. Sti. for any loss or damage which Flaka Turizm Ltd. Sti. shall suffer by reason of deprivation of use of the Vessel or cancellation of, or delay in delivery under any subsequent Charter of the V

CLAUSE 11. CANCELLATION BY CHARTERER & CONSEQUENCES OF NON-PAYMENT

1. a) i) Should the CHARTERER give notice of cancellation of this Agreement on or at any time before the commencement of the Charter Period, some or all of the Charter Fee may be retained by Flaka Turizm Ltd. Sti. determined as follows:

• After this Agreement is effected but before the final installment is due to be paid, Flaka Turizm Ltd. Sti. shall be entitled to retain the first installment or subsequent payment(s) done by the CHARTERER.
• After any subsequent installments or payments are due to be paid, Flaka Turizm Ltd. Sti. shall be entitled to retain the first installment or payment and any subsequent installments due latest 6 weeks before departure of the cruise or a term strictly agreed by written confirmation by Flaka Turizm Ltd. Sti otherwise.

If any of the instalments are due to be paid but have not been paid then Flaka Turizm Ltd. Sti. shall have a claim against the CHARTERER for the amount so due.

1. ii) DEFAULT OF PAYMENT OR FAILURE TO PAY

Should the CHARTERER fail to pay, after having been given written notice by the OWNER, any amount due under this Agreement, Flaka Turizm Ltd. Sti. reserves the right to treat this Agreement as having been repudiated by the CHARTERER and to retain the full amount of all payments and to recover all sums unpaid and due up to the date of the repudiation.

iii) Notwithstanding Flaka Turizm Ltd. Sti.’s right to receive or retain all payments referred to above, Flaka Turizm Ltd. Sti. shall be under a duty to mitigate the CHARTERER’s loss and in the event that Flaka Turizm Ltd. Sti. is able to re-let the Vessel for all or part of the Charter Period under this Agreement, Flaka Turizm Ltd. Sti. will give credit for the net amount of charter hire arising from such re-letting after deduction of all commissions and other consequential expenses arising from such re- letting. The intention is that Flaka Turizm Ltd. Sti. shall receive the same in net proceeds from any re-letting as would have been received under this Agreement had it not been cancelled or repudiated, so that Flaka Turizm Ltd. Sti. shall reimburse or forgive payments received or due from the CHARTERER only to the extent that the net proceeds from any re-letting which correspond to part or all of the Charter Period exceed the amounts which would have been received under this Agreement. Flaka Turizm Ltd. Sti. shall use his best endeavors to re-let the Vessel and shall not unreasonably withhold his agreement to re-let, although charters which may reasonably be considered detrimental to the Vessel, its reputation, its Crew or its schedule may be refused.

CLAUSE 12. BREAKDOWN OR DISABLEMENT
If after delivery the Vessel shall at any time be disabled by breakdown of machinery, grounding, collision or other cause so as to prevent reasonable use of the Vessel by the CHARTERER for a period between twelve (12) and forty-eight (48) consecutive

hours or one tenth (1/10th) of the Charter Period, whichever is the shorter (and the disablement has not been brought about by any act or default of the CHARTERER) Flaka Turizm Ltd. Sti. shall make a pro rata refund of the Charter Fee for the period of the disablement or, if mutually agreed, allow a pro rata extension of the Charter Period corresponding with the period of disablement. If the CHARTERER wishes to invoke this clause he shall give immediate notice to the Captain directly, (or via the Broker). The CHARTERER shall not be liable for extra costs relating to the immobilization of the Vessel but will remain liable for normal expenses during the period of disablement.

In the event of the actual or constructive total loss of the Vessel or if the Vessel is disabled as aforesaid for a consecutive period of more than forty-eight (48) hours or

one tenth (1/10th) of the Charter Period, whichever is shorter, the CHARTERER may terminate this Agreement by notice in writing to Flaka Turizm Ltd. Sti. via the Brokers or to the Captain if no means of communication is available. Within two (2) working days after such termination, the Charter Fee shall be repaid by Flaka Turizm Ltd. Sti. pro rata without interest for that proportion of the Charter Period outstanding after the date and time on which the loss or disablement occurred. In the event of such termination the CHARTERER may effect re-delivery by giving up possession of the Vessel where she lies. The CHARTERER shall be entitled to recover from Flaka Turizm Ltd. Sti. the reasonable cost of returning the CHARTERER and his Guests to the Place of Re-Delivery together with reasonable accommodation expenses incurred.

Alternatively, after a consecutive period of disablement of more than forty-eight (48)

hours or one tenth (1/10th) of the Charter Period, whichever the shorter, and dependent on the nature and seriousness of the disablement, by mutual agreement the CHARTERER may elect to remain on board for the duration of the Charter Period and the CHARTERER will then have no further or additional claim against Flaka Turizm Ltd. Sti..

CLAUSE 13. USE OF THE VESSEL
The CHARTERER shall comply, and shall ensure that the Guests comply, with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this Agreement.

The CHARTERER shall ensure that no pets or other animals are brought on board the Vessel without the consent in writing of Flaka Turizm Ltd. Sti.. The CHARTERER shall ensure that the behavior of the CHARTERER and his Guests shall not cause a nuisance to any person or bring the Vessel into disrepute. The Vessel is not to be used for commercial photo or film shoots of any nature, unless by written permission from Flaka Turizm Ltd. Sti..

The CHARTERER and Guests shall afford the Crew due respect at all times. No Crew member shall be subjected to any type of harassment, sexual or otherwise, by the CHARTERER or Guests at any time during the Charter Period.

Unless otherwise agreed, smoking shall be restricted to the exterior areas of the Vessel designated by the Captain.

The Captain shall promptly draw the CHARTERER’s attention to any infringement of these terms by himself or his Guests, and if such behavior continues after this warning, the Captain shall inform Flaka Turizm Ltd. Sti. or Stakeholder, and Flaka Turizm Ltd. Sti. may, by notice in writing given to the CHARTERER, terminate this Agreement in accordance with Clause 7. If the CHARTERER or any of the Guests shall commit any offence contrary to the laws and regulations of any country which results in any member of the Crew of the Vessel being detained, fined or imprisoned, or the Vessel being detained, arrested, seized or fined, the CHARTERER shall indemnify Flaka Turizm Ltd. Sti. against all loss, damage and expense incurred by Flaka Turizm Ltd. Sti. as a result, and Flaka Turizm Ltd. Sti. may, by notice to the CHARTERER, terminate this Agreement forthwith.

The Vessel operates a zero tolerance policy and the possession or use of any illegal drugs or any weapons (including firearms) is strictly prohibited on board the Vessel. Failure to comply shall be sufficient reason for Flaka Turizm Ltd. Sti. to terminate the Charter forthwith without refund or recourse against Flaka Turizm Ltd. Sti., Stakeholder or Broker.

CLAUSE 14. NON-ASSIGNMENT
The CHARTERER shall not assign this Agreement, sub-let the Vessel or part with control of the Vessel without the consent in writing of Flaka Turizm Ltd. Sti., which consent may be on such terms as Flaka Turizm Ltd. Sti. thinks fit.

CLAUSE 15. SALE OF THE VESSEL

1. a) Flaka Turizm Ltd. Sti. agrees not to sell the Vessel during the Charter Period as set out on Page One of this Agreement.
2. b) Should Flaka Turizm Ltd. Sti. agree to sell the Vessel after the signing of this Charter Agreement, but before delivery to the CHARTERER, Flaka Turizm Ltd. Sti. shall immediately, upon entering into an agreement for the sale of the Vessel, give notice of such sale in writing to the CHARTERER via the Broker. This information shall be kept in strict confidence by all parties to the Agreements.
3. c) Should the Vessel be sold one of the following provisions will apply:
4. i) Flaka Turizm Ltd. Sti. shall arrange for the Buyer to perform the Charter on the same terms and conditions by signature of a tri-partite Novation Agreement. Where the Charter is taken over by the Buyer on the same terms and conditions there shall be no penalty against Flaka Turizm Ltd. Sti..
5. ii) If the Buyer is unwilling or unable to fulfill the Charter Agreement then this Charter Agreement shall be considered as having been cancelled by Flaka Turizm Ltd. Sti. in accordance with Clause 9. All payments made by the CHARTERER shall be promptly repaid in full to him without deduction. The Broker and Stakeholder shall be paid by Flaka Turizm Ltd. Sti. the full commission due on this original Agreement no later than seventy-two (72) hours after formal cancellation.

CLAUSE 16. INSURANCE

1. a) Throughout the period of this Agreement Flaka Turizm Ltd. Sti. shall insure the Vessel with first-class insurers against all customary risks for a Vessel of her size, value, and type on cover no less than is provided under Institute Yacht Clauses 1.11.85 or other recognized terms extended to provide Permission to Charter and to cover Third Party liability, Water Skiers liabilities together with liabilities arising from the use by the CHARTERER and other competent person(s) authorized by him of personal water craft, including jet skis, wave runners and other similar powered craft as well as windsurfers, dinghies, catamarans or other water-sports equipment carried by the Vessel. The insurance shall also cover War, Strikes, Pollution and include insurance of Crew against injuries and/or Third Party liabilities incurred during the course of their employment. The CHARTERER shall remain liable for any loss, damage or liabilities arising from any act or negligence of the CHARTERER or his Guests and not recoverable by Flaka Turizm Ltd. Sti. under his insurance.
2. b) All such insurances shall be on such terms and subject to such excess (deductible) as are customary for a vessel of this size, value, and type. Copies of all relevant insurance documentation shall be available on request for inspection by the CHARTERER prior to the Charter on reasonable notice to Flaka Turizm Ltd. Sti., and shall be carried on board the Vessel.
3. c) The CHARTERER should carry independent insurance for Personal Effects whilst on board or ashore and for any Medical or Accident expenses (including emergency transport evacuation) incurred.
4. d) The CHARTERER should be aware that neither Charterer’s Liability Insurance nor Cancellation and Curtailment Insurance are included in this Agreement.

CLAUSE 18. DEFINITIONS

1. a) FORCE MAJEURE

In this Agreement ‘force majeure’ means any cause directly attributable to acts, events, non- happenings, omissions, accidents or Acts of God beyond the reasonable control of Flaka Turizm Ltd. Sti., the Crew, or the CHARTERER (including, but not limited to, strikes, lock-outs or other labor disputes, civil commotion, riots, acts of terrorism, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, governmental act or regulation, contaminated fuel, major mechanical or electrical breakdown beyond the Crew’s control and not caused by lack of maintenance and/or OWNER’s or Crew’s negligence). Crew changes and shipyard delays not attributable to the aforementioned causes, do not constitute force majeure.

1. b) OWNER, CHARTERER, BROKER AND STAKEHOLDER

Throughout this Agreement, the terms OWNER, CHARTERER, Broker, and Stakeholder and corresponding pronouns shall be construed to apply whether Flaka Turizm Ltd. Sti., CHARTERER, Broker or Stakeholder is male, female, corporate, singular or plural, as the case may be.

CLAUSE 19. SALVAGE
During the period of the Charter, the benefits, if any, from all derelicts, salvages and towages, after paying the salvage Crew’s proportion, and any hire for the relevant period and expenses, shall be shared equally between Flaka Turizm Ltd. Sti. and the CHARTERER.

CLAUSE 20. PAYMENT OF CHARTER FEES AND OTHER MONIES TO FLAKA TURIZM LTD. STI.S
Thirty (30%) of the Charter Fee shall be paid by the CHARTERER to the Escrow Agent’s designated account in the currency of this Agreement, whereupon it shall be paid by Bank Transfer to Flaka Turizm Ltd. Sti.. The balance of the Charter Fee, together with any pre- agreed additional expenses or security deposit, shall be paid to Flaka Turizm Ltd. Sti. 6 weeks prior to embarkation. Additional expenses incurred during the course of the Charter which are not covered by the Charter Fee shall be paid to the Captain in cash upon disembarkation.

CLAUSE 21. COMPLAINTS
The CHARTERER shall give notice of any complaint in the first instance to the Captain on board and note shall be taken of the time, date and nature of the complaint. The Captain shall inform Flaka Turizm Ltd. Sti as soon as practicable.

If, however, this complaint cannot be resolved on board the Vessel then the CHARTERER shall give notice to Flaka Turizm Ltd. Sti. or to the Broker within twenty-four (24) hours of the event or occurrence unless it is impracticable due to failure or non-availability of communications equipment. The complaint may be made verbally in the first instance, but shall be confirmed as soon as possible in writing specifying the precise nature of the complaint.

CLAUSE 22. BROKERS (IF APLLICABLE)

1. a)  The Broker in this Agreement shall have no responsibility for any loss, damage or injury to the person or property of Flaka Turizm Ltd. Sti. or CHARTERER or any of their Guests, servants or agents, and further, the Broker and Broker shall be under no liability for any errors of judgment or description or otherwise, of whatsoever nature and howsoever arising, and shall be under no further obligation, duty or responsibility to Flaka Turizm Ltd. Sti. or the CHARTERER save as set out herein. Flaka Turizm Ltd. Sti. and the CHARTERER shall jointly and severally indemnify and hold harmless the Broker and Broker for any loss or damage sustained by them as a result of any liability by the Broker and Broker to any Third Party (person, firm, company or authority) arising from promoting or introducing this Charter, assisting in the performance of this Agreement or performing the duty of Broker.
2. b)  If the CHARTERER should extend this Charter, Flaka Turizm Ltd. Sti. shall pay commission on the gross Charter Fee for the extension, on the same basis as provided in 24a.
3. c)  c) If the CHARTERER should Re-Charter the Vessel from Flaka Turizm Ltd. Sti., his Agent or the Stakeholder, within two (2) years from the date of completion of this Charter, whether or not on the same terms, then the Broker shall be entitled to, and shall be paid by Flaka Turizm Ltd. Sti., commission on the gross Charter Fee paid for that further Charter upon the same basis as provided herein. However, if the CHARTERER should choose to re-charter the Vessel within this two-year period via another Broker to whom the commission is being paid, Flaka Turizm Ltd. Sti. shall pay a commission once only on the first Charter within that period of one-third (1/3rd) of the full rate to the original Broker and two-thirds (2/3rds) to the new Broker.
4. d)  d) If any Agreement should be reached directly between the CHARTERER and Flaka Turizm Ltd. Sti. for the purchase of the Vessel within two (2) years from the date of commencement of this Charter, then the Broker shall be entitled to and be paid by Flaka Turizm Ltd. Sti. a sales commission. However, should the CHARTERER purchase the Vessel from Flaka Turizm Ltd. Sti. via a Sales Broker to whom the commission is being paid, then Flaka Turizm Ltd. Sti. shall pay, or shall ensure that the Sales Broker shall pay, a sum equivalent to not less than fifteen (15%) percent of the gross sales commission. It is the responsibility of Flaka Turizm Ltd. Sti. to advise any future Sales Broker of this liability. This only applies following the free choice of the CHARTERER and is not relevant if the change of Broker is suggested or solicited by Flaka Turizm Ltd. Sti., his agent, Captain or representative. Any dispute under this Clause may be separately arbitrated.
5. e)  The Broker and Stakeholder in this Agreement shall have no responsibility for any loss, damage or injury to the person or property of Flaka Turizm Ltd. Sti. or CHARTERER or any of their Guests, servants or agents, and further, the Broker and Stakeholder shall be under no liability for any errors of judgment or description or otherwise, of whatsoever nature and howsoever arising, and shall be under no further obligation, duty or responsibility to Flaka Turizm Ltd. Sti. or the CHARTERER save as set out herein. Flaka Turizm Ltd. Sti. and the CHARTERER shall jointly and severally indemnify and hold harmless the Broker and Stakeholder for any loss or damage sustained by them as a result of any liability by the Broker and Stakeholder to any Third Party (person, firm, company or authority) arising from promoting or introducing this Charter, assisting in the performance of this Agreement or performing the duty of Stakeholder.
6. f)  For the purposes of this clause the terms owner and charterer shall be understood to mean the named company or individual, or any company owned or controlled by them including companies owned indirectly or via trustees, any director of such a company, beneficial owner, nominee, agent or charterer’s guest

CLAUSE 23. ARBITRATION & LAW
The interpretation, performance and validity of this Agreement is subject to the laws of the Republic of Turkey excluding the principles pertaining to conflicts of laws included therein.

Unless otherwise explicitly agreed in writing by the parties herein, any dispute arising from or in connection with the interpretation, validity and/or performance of this Agreement shall be resolved by arbitration. The procedure of such arbitration shall be subject to the provisions of Turkish Civil Law and other provisions of Turkish Law applicable to arbitration that may supplement, amend, or replace such law at the time of dispute. Each party shall appoint their own arbitrator, the two of which shall nominate a third arbitrator to constitute the arbitration panel whose decision will be final and binding. The language of the arbitration shall be English and the venue of arbitration shall be Bodrum.

CLAUSE 24 FORCE MAJEURE
When force majeure is invoked in relation to breakdown or disablement, Flaka Turizm Ltd. Sti. will instruct the Captain or Owner’s representative to submit a detailed technical report, a copy of the vessel’s maintenance log, if applicable, and all relevant supporting documentation to the Charterer or Charterer’s representative.

CLAUSE 25 NOTICES
Any notice given or required to be given by either Party to this Agreement shall be communicated in any form of writing and shall be deemed to have been properly given if proved to have been dispatched pre-paid and properly addressed by mail or courier service or by fax in the case of Flaka Turizm Ltd. Sti., to him or to the Broker at their addresses as per this Agreement or, in the case of the CHARTERER, to his address as per this Agreement or, where appropriate, to him on board the Vessel.

CLAUSE 26 FOOD AND BEVERAGES:
The CHARTERER agrees to settle for the mandatory Menu on board, consisting of Turkish Breakfast with juices and eggs, warm extensive Lunch and (5) Dinners, Coffee, Tea, all local wines, beer and soft drinks the price per head is €395,00 for the week.

Any extra requirements need to be brought to attention to Flaka Turizm Ltd. Sti. minimum one week in advance and are subject to a 15% purchasing fee and need to be settled on board before departure of the vessel .

If in the case the above is not agreed, it is understood by charterer that normally Food and Beverages are not included in the charter price. Therefore either shopping has to be brought in time to the vessel, meaning on the day of departure between 11 and 12 AM or, at Charterers request shopping according to a detailed shopping list is done by Flaka Turizm Ltd. Sti.. In this case CHARTERER agrees to pay a 15% purchase fee over the goods required for the cruise. NO REFUNDS!

If CHARTERER fails to bring on board any necessary Food and Beverages the crew will not set sail or in case of delay, the cruise will be delayed by the equivalent time necessary to make the vessel ready for departure.