In a yacht charter, the rights depend on the service offered and on who takes over the management of the boat, not on the title of the contract. A bareboat charter, a crewed private cruise and a package tour are not the same contract. Cancellation fees, the deposit and liability for accidents cannot be properly assessed without drawing this distinction.
Before booking, the identity of the boat, the documents permitting commercial use, the authority of the service provider and the total price should be checked. It should be clarified whether the platform or agency is only an intermediary or the party that undertakes the service in its own name. Paying through an intermediary does not mean that a claim can in every case be directed only at the intermediary. For details, see the article on the operator's powers and duty to account under a yacht management agreement.
Distinction between bareboat and crewed charters
In a bareboat charter, the use and management of the boat are largely left to the charterer. The scope of application of the ship lease provisions of the Turkish Commercial Code (TTK), Article 1119 et seq., is assessed by the nature of the boat and the scope of the contract. The charterer's qualification certificates, area of use and prohibition on subletting should be clearly stated. In a crewed charter, by contrast, the instructions the captain receives, technical management and guest services are examined separately. For details, see the article on yacht captain and crew labour rights.
A person who obtains services from a professional operator for holiday purposes may be a consumer. By contrast, a service obtained in order to re-let the boat or to use it in a commercial business may not fall under the same protective regime. If transport, accommodation and other tourism services are combined under certain conditions, the package tour provisions may also come into play. It is not correct to treat every yacht holiday as an automatic package tour.
For details, see the section on short-term holiday home rental and the permit.
Operating permit and foreign flag
Article 29 of Law No. 2634 on the Encouragement of Tourism sets out the framework for renting out Turkish-flagged yachts after a document has been obtained from the Ministry. Putting a boat registered for private use into commercial activity against payment may also require a separate permit and document. The charterer should check not only the photo and price of the boat, but also whether the service can lawfully be offered.
The presence in Türkiye of a privately owned foreign-flagged yacht does not mean that it may freely engage in charter activity within Türkiye. For certain commercial foreign-flagged yachts over 39 metres in length, the Ministry permission model under the law is a separate regime. No statement should be made that every foreign yacht can be chartered without examining the permit, the contribution fee and the calendar-year limit. For the flag, registration and import regimes, see our article on yacht law in Türkiye.
Total price and additional costs
The contract should separate the charter or trip fee from the items for tax, fuel, marina, port, meals, captain, crew, cleaning and transport. The meaning of "all-inclusive" should be explained by a list. The method of calculation to be applied when the number of guests, the route, the sailing hours or the fuel consumption increases should be fixed in advance.
The operating expense advance collected under the name APA is different from the damage deposit. The contract should state what expenses the advance will be used for, how receipts and invoices will be presented, how any unused balance will be refunded, and how additional payment will be made if the advance is insufficient. Showing two payments under the same name makes it unclear for what purpose, and on what condition, the charterer is paying.
For details, see the section on the marina berthing contract.
Cancellation, withdrawal and change of dates
Booking over the internet does not mean that every yacht charter carries an unconditional 14-day right of withdrawal. Article 15/1-g of the Distance Contracts Regulation (Mesafeli Sözleşmeler Yönetmeliği) contains an exception for services offered for leisure or recreation on a specific date or during a specific period. Whether the contract actually falls within this scope is examined together with the pre-contractual information and any more favourable cancellation right.
The absence of a right of withdrawal does not mean that no claim can be made for a service that was never provided or was provided defectively. The operator's failure to deliver the boat, its offer of a materially different boat, or its failure to provide the core agreed services are separate breaches of contract. The review of unfair terms under consumer legislation also continues.
The cancellation schedule should be set out clearly by date ranges and by the method of notification. The charterer's personal change of mind, a health problem, the operator's fault and an official sailing ban should not be grouped under the same heading. It is possible to offer a change of date instead of a cancellation; however, where a refund is due by law, acceptance of a change offer cannot be demanded.
Weather conditions and the captain's safety decision
Safety at sea comes before the commercial booking. However, not every windy day means that performance of the contract is impossible. Weather warnings, port departure bans, the characteristics of the boat, the route and the captain's professional assessment are considered together. The contract should separately regulate a change of route and the case in which the entire trip cannot be carried out.
A failure to sail because the operator did not maintain the boat cannot be presented as force majeure. In the case of impossibility without fault, Article 136 of the Turkish Code of Obligations (TBK) applies; where its conditions are met, provisions such as Article 138 on excessive difficulty of performance are also considered. If a partial service was provided, the benefit obtained, the missing performance and the refund calculation should be made concrete. A rule such as "the price is always forfeited" or "the whole amount is always refunded" cannot be established in advance for every incident.
For details, see the section on the creditor's elective rights where the debtor is in default.
Limits on deposit deductions
The damage deposit is not a revenue item that the operator may deduct without reason. Delivery and return protocols, photographs, inventory, technical inspection and the repair calculation must support any deduction. Pre-existing damage, ordinary wear from use, and new damage that may be attributed to the charterer must be kept apart. The contract should state the period within which, and the method by which, the deposit will be settled.
A deposit collected through a credit card pre-authorization is a different transaction. Where it has been agreed that the insurance deductible is to be borne by the charterer, the scope of that arrangement should be clearly shown. Where the damage is paid by insurance and an amount is also taken from the charterer, a set-off arrangement should be established so that the same loss is not collected twice.
| Event | First document to examine | Core legal question |
|---|---|---|
| The charterer withdrew from the trip | Cancellation schedule and pre-contractual information | Is the contractual deduction valid and enforceable |
| The operator could not supply the boat | Reservation and alternative offer | Non-performance and liability to refund |
| Departure from port was banned | Official decision and weather records | Impossibility, postponement or partial performance |
| Damage was deducted from the deposit | Check-in and check-out protocols | New damage, fault and actual loss |
| Additional fuel was requested | Route and consumption calculation | Is it within the price, and was consent given |
Accidents and personal injury
The duties of the captain, the operator and the charterer are assessed according to the type of accident. Instructions on passenger capacity, safety equipment, alcohol use, swimming stops and water sports risks are important. However, signing a waiver of liability does not remove gross fault or mandatory liability provisions.
When yacht insurance is examined, it should not be assumed that the same coverage exists for damage to the boat, third-party liability and injury to guests. Article 29 of Law No. 2634 refers, for sea tourism vessels with a capacity of more than twelve, to TTK Article 1259; this reference should be observed separately. After an accident, police or port records, health documents and notification to the insurer should not be delayed.
For details, see the section on arrest of vessels and yachts.
For details, see the section on tourism investments: contracts, liability and disputes.
Application and evidence file
The reservation screen, the listing, the pre-contractual information, the contract, the payments and all correspondence on changes should be kept. The complaint letter should clearly show the event, the missing service, the refund or compensation requested, and the documents. The route to a consumer arbitration committee or to court is determined according to the value of the claim and the current monetary limit; where required, recourse to mediation as a condition of suit applies.
The existence of foreign law or a foreign court clause in an international contract does not mean that the consumer has given up all mandatory protections in advance. Jurisdiction, governing law and arbitration clauses should be examined under their own rules. An application to the platform's customer service should not be relied on on the assumption that statutory time limits stop automatically. For commercial yacht contracts with a foreign element, see also our article on international yacht disputes on jurisdiction and arbitration.
For details, see the section on yacht sale and purchase agreement.
Conclusion
The most useful clarity in a yacht charter agreement is achieved on the type of service, the total price, the reason for cancellation and the accounting of the deposit. Boat and operator documents should be verified, the condition on delivery recorded, and safety decisions kept separate from commercial cancellation. This approach makes most disputes visible before the holiday begins.
Frequently Asked Questions
When I rent a yacht online, do I always have a 14-day right of withdrawal
No. The regulation's exception may apply to holiday and leisure services offered for fixed dates.
If the weather is bad, is the fee always forfeited
No. Official bans, safety conditions, the service provided and the contract terms are assessed.
Is the APA the same payment as the deposit
No. The APA is an operating expense advance; the damage deposit is security taken for a different purpose.
Can the operator deduct any damage it likes from the deposit
A deduction must be explained by concrete damage, liability and cost documents.
Can every foreign-flagged yacht be chartered in Türkiye
No. The commercial permit, cabotage and customs status are assessed separately.
Does the withdrawal-right exception prevent a refund if the trip does not take place
Rights arising from non-performance or defective service are different from withdrawal without reason.
Sources and legal bases
- Law No. 6098, Turkish Code of Obligations (Türk Borçlar Kanunu). General terms and conditions, exclusion of liability, sale, earnest money (bağlanma parası), lease and contract for work. Source link
- Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun). Consumer transaction, defect, unfair term and jurisdiction. Source link
- Distance Contracts Regulation (Mesafeli Sözleşmeler Yönetmeliği). In particular Article 15/1-g; withdrawal exception for leisure services on a fixed date. Source link
- Law No. 2634 on the Encouragement of Tourism (Turizmi Teşvik Kanunu). In particular Articles 27–29; stay and operation of foreign yachts. Source link
- Ministry of Culture and Tourism — Maritime tourism procedures (Deniz turizmi işlemleri). Certification of maritime tourism facilities and vessels; introduction to the application of the regulation. Source link
- Ministry of Trade — Customs Protection (Gümrük Muhafaza) frequently asked questions. Entry, sailing, leaving and use procedures for yachts; outdated monetary amounts and institution names on the page were not carried over. Source link