A marina berthing agreement should not be read as a document that merely allows a boat to stay in a given area. Which services are undertaken, including berthing, mooring lines, electricity, water, security, haul-out, dry storage ashore and maintenance, changes the operator's liability. The existence of an unpaid fee also does not mean that the boat may be held in every case.
For a yacht owner, the most important preparation is to compare, within the same contract, the scope of the services with the liability exclusions. For an operator, a vague and unlimited disclaimer of liability is less predictable than a clear description of the service actually provided and of the parties' duties. The establishment and operating permits of a marina are a separate subject, covered in the permit, ÇED and operation process.
Why the legal nature of the contract matters
The word "lease", "berthing" or "service" in a contract does not by itself determine the classification a court will make. Whether the use of the boat and its actual control remain with the owner, the operator's undertaking to protect it, staff services and haul-out operations are examined together. The concrete contract may be a lease, a bailment, a service contract or a combination of several contract elements.
This distinction has consequences for defective service, the fee, termination and the competent court. Using a yacht for commercial activity is not the same as buying a berthing service for private holiday purposes. The application of consumer legislation depends on the parties to the contract and its purpose; the high value of the boat alone does not remove consumer status.
How the fee should be set
The method of measurement must be clear in the contract. If it is left uncertain whether overall length, beam, platform, bowsprit or other protrusions are included in the calculation, a dispute over an additional fee may arise at the end of the period. It is useful to record the first measurement in the marina with photographs and a written minute. It should also be stated how a new fee will be determined if the boat type or the berthing location later changes.
The annual berthing charge should not be confused with charges for electricity, water, waste collection, mooring lines, haul-out, pressure washing, dry accommodation ashore or special work permits. Taxes and the payment currency are explained separately. If a fee in foreign currency is agreed, the restrictions and exceptions under the rules protecting the value of the Turkish lira should be checked, depending on the parties' residence and the nature of the contract.
A clause allowing one-sided price changes may be reviewed under the general terms and conditions rules in TBK Articles 20–25 and, in consumer transactions, under TKHK Article 5. Signing every page of pre-drafted provisions does not remove the review of their content. Where default interest, exchange rate differences and a penalty clause apply together, the repeated collection of the same loss or the creation of a disproportionate burden is assessed separately.
For details on the subject, see yacht law in Türkiye: flag, taxes and import and export procedures.
The limit of the service and protection duty
The presence of a security guard or camera in a marina does not mean that every theft and damage is guaranteed unconditionally. On the other hand, if security, supervision or safe mooring of the boat has been expressly undertaken, the operator must perform these obligations properly. The service definition is the starting point of the liability review that follows an incident.
The yacht owner may also have obligations, such as maintaining mooring lines and equipment, avoiding faulty electrical connections, reporting dangerous situations and keeping the emergency contact person up to date. Measures taken by the operator against a known storm risk and any lack of maintenance by the owner may be assessed together in the same incident. Conclusions should not be drawn merely from the boat being in the marina, without establishing fault and causation. For details, see liability and compensation claims in yacht and boat accidents.
Agreements excluding liability for gross fault are subject to the limit in TBK Article 115. Acts of auxiliary persons, permitted services requiring expertise and consumer provisions are examined separately. A standard contract clause stating that "all damage belongs to the boat owner" cannot be assumed to be valid in every event.
Can a boat be held because of a debt
The right of retention (hapis hakkı) under TMK Article 950 and the following articles depends on the nature of the claim, its maturity, possession of the property and the conditions of connection. The fact that the marina is a creditor does not, on its own, give it unlimited power of disposal over the boat. Closing the exit gate, moving the boat or preventing maintenance may also give rise to legal liability.
In the decision of the 11th Civil Chamber of the Court of Cassation (Yargıtay 11. Hukuk Dairesi) dated 16 April 2019, E.2018/1065, K.2019/3044, the holding of a boat and the obstruction of its repair in connection with a dispute over a marina fee were examined. The decision upheld the conclusion that the conditions of the right of retention were not met in the concrete case, but it did not find it sufficient to hold the marina liable for all repair costs. The focus was on the additional loss caused by the operator's obstruction, on separating the maintenance costs the boat already required, and on the timing of the repair claim.
This decision does not mean that a marina's claim can never be secured. Where the necessary conditions are met, the statutory right of retention, enforcement proceedings or precautionary attachment based on a maritime claim may be considered. However, the basis of any actual retention, the control over the boat and the appropriate legal route must be concretely established.
Early departure, termination and fee refund
For a yacht owner who wishes to move to another marina in the middle of an annual contract, it cannot be said that the price of the unused period is refunded automatically in every case. The nature of the contract, the reason for termination, defective performance of the service, the re-evaluation of the place and consumer provisions are examined together. Likewise, a clause stating that "no amount paid will be refunded" cannot be accepted as valid in every case.
The termination notice must clearly state the reason, the compensation requested and the delivery timetable. A serious breach of service by the operator is distinguished from a personal change of preference by the owner. Measures such as cutting off electricity or water are assessed in light of their effect on safety and on the protection of the boat. Foreseeable damage to batteries, bilge pumps or fire safety should not be disregarded.
Which documents are needed in case of damage
When damage occurs, the first stage is to secure safety, prevent the damage from growing and preserve the records. Camera footage should be requested before the retention period expires; photographs, weather records, shift information and the observations of neighbouring boat owners should be evaluated. A single email accepting or rejecting the damage does not replace a technical examination of the cause.
| Dispute | Key evidence | Relationship to examine |
|---|---|---|
| Storm and mooring line breakage | Berthing plan, weather warnings, photographs | Causation between precautions, maintenance and damage |
| Electrical damage | Panel records, connection and service report | Failure caused by the facility or by the boat |
| Damage during haul-out | Lifting plan, operator and equipment records | Incorrect application and pre-existing damage |
| Theft | Camera footage, entry and exit records, inventory | Breach of the undertaken surveillance service |
| Wrongful retention | Formal notices, debt and handover records | Distinction between lawful security and unlawful obstruction |
Before the boat is repaired, preservation of evidence (delil tespiti) or an independent expert examination may be required. A notification to the insurer and the claim against the marina should be pursued in a coordinated way. If the insurer makes a payment, subrogation (halefiyet) and the rule that the same loss cannot be collected twice are taken into account.
For details, see a foreign-flagged yacht's stay in Türkiye and conditions of use.
The right route for resolving disputes
If the contract is characterized solely as a lease, jurisdiction lies with the civil court of peace (sulh hukuk mahkemesi); if it is a consumer transaction, with the consumer court; and if the conditions of a commercial case exist, the commercial court of first instance (asliye ticaret mahkemesi) may come into question. The type of claim, its value and the rules on jurisdiction are examined together. Mediation as a condition precedent to litigation also applies to lease disputes and to commercial and consumer money claims, subject to its own exceptions.
A jurisdiction clause does not bind every yacht owner in all cases. The conditions in HMK Articles 17–18 and the protection afforded to consumers should be checked. Treating the jurisdiction clause as a mere formality at signing may increase the cost of seeking justice.
For details, see yacht charter agreement.
For details, see legal checks when buying a yacht or boat.
For details, see objection to a marine pollution fine imposed on ships and yachts.
Conclusion
A good marina agreement regulates, together, the fee, the measurement, the scope of services, the security duties and the conditions of departure. When damage arises, the decisive examination is the connection between the undertaken obligation, the concrete breach and the damage. The method chosen to collect a debt is also subject to an independent review of its lawfulness.
Frequently Asked Questions
Does the annual fee cover all marina services?
Only the services included in the contract and the tariff. Electricity, haul-out and waste collection may be charged separately.
Can a marina automatically hold the boat if the fee is unpaid?
No. The conditions of the right of retention or of another protective route must also be met separately.
Is a storm always force majeure?
No. Foreseeability, the measures that could have been taken and the parties' obligations are assessed together.
Does the presence of cameras mean the marina will pay for every theft loss?
No. The security service that was undertaken, the breach and causation are examined.
If I leave early, will I get back the whole remaining fee?
It depends on the nature of the contract, the reason for termination and the mandatory protective provisions.
Is a liability waiver in a standard contract always valid?
No. It is reviewed under the TBK and, where applicable, consumer legislation. Gross fault cannot be excluded in advance.
Sources and legal bases
- Law No. 6098, Turkish Code of Obligations. General terms and conditions, exclusion of liability, sale, earnest money (bağlanma parası), lease and contract for work. Link
- Law No. 6102, Turkish Commercial Code. Articles 931, 935, 940, 1001, 1320, 1352–1376 and 1420–1446; the pages differ by article. Link
- Law No. 6502 on Consumer Protection. Consumer transaction, defect, unfair terms and subject-matter jurisdiction. Link
- Law No. 6100, Code of Civil Procedure. Subject-matter jurisdiction, evidence and preservation of evidence. Link
- Court of Cassation, 11th Civil Chamber (Yargıtay 11. Hukuk Dairesi), 16 April 2019, E.2018/1065, K.2019/3044. Marina right of retention and calculation of loss; grounds for reversal (bozma). Link