Applicable to: Aquila Yachts and its subsidiaries, including but not limited to Aquila Interiors and Aquila Academy.
1.1. These Terms and Conditions ("Terms") govern all contracts, agreements, and interactions between Aquila Yachts, its subsidiaries ("the Company"), and its clients.
1.2. By engaging the services of the Company, the client agrees to be bound by these Terms.
1.3. These Terms apply to all works performed, including but not limited to refit projects, new builds, interior management, project consultancy, mediation, training, and inspections, unless otherwise explicitly agreed in writing.
The Company provides the following services:
3.1. All invoices are payable within 30 days from the date of issue unless otherwise agreed in writing.
3.2. Invoices will be issued as proforma invoices until fully paid, after which an official Turkish invoice will be provided.
3.3. Payments must be made in Euros to the Company’s Turkish bank account, and any associated banking fees will be borne by the payer.
3.4. Payments made in currencies other than Euros (as agreed and invoiced) will incur a 3% surcharge to account for exchange rate fluctuations.
3.5. Payment milestones will be clearly defined in the contract or agreement.
3.6. Retainer fees or advance payments made by the Client are non-refundable unless explicitly agreed otherwise. If the Client terminates the agreement, the retainer may be applied to expenses or services already rendered by the Company.
4.1. If payment due is delayed by more than 15 days beyond the agreed date, the Company reserves the right to:
4.2. If payment remains outstanding for 30 days or more after the due date, the Company reserves the right to:
4.3. Any halt in work due to payment delays does not relieve the client of their obligations under the agreement, including full payment of outstanding balances and damages caused by delays.
5.1. Travel for new project evaluations (upon the Client's request) will be charged at 50% of the regular day rate plus expenses if no agreement is reached after the visit.
5.2. Flights of up to three hours will be booked in economy class, and flights exceeding three hours will be booked in business class.
5.3. Delays caused by transit, customs, or delivery issues will not be the responsibility of the Company. Any resulting penalties or additional costs, such as flight rebooking or extended travel expenses, will be invoiced to the Client.
5.4. If delivery is to a free zone, any re-import costs for faulty items will be borne by the responsible party.
6.1. If the Company supports a Client, their representative, or any third party in applying for a visa or work permit, the Company does so as an act of support and does not guarantee visa issuance.
6.2. In the event of a visa denial, the Company shall not be held liable for any consequences, including but not limited to delays, cancellations, or the inability to execute previously agreed contractual work.
6.3. The Company reserves the right to terminate the contract immediately if false or misleading information is submitted for any visa or work permit application related to the engagement.
7.1. The Company will perform all services to the highest professional standards, leveraging long-term expertise and a commitment to quality.
7.2. The Company is not liable for damages, losses, or outcomes resulting from decisions, recommendations, or actions made in good faith during the execution of services unless they are due to malicious intent, gross negligence, or fraudulent behavior.
7.3. Recommendations provided by the Company are based on industry expertise, best practices, and information available at the time, with the final decision resting with the client.
7.4. The Company will not accept responsibility for stolen or lost data unless caused by its own negligence.
7.5. The Company warrants that all services will be performed to professional and industry standards. Any claims related to defective work must be submitted in writing within 30 days of completion. The Company’s liability is limited to re-performing the defective work or providing a reasonable alternative.
8.1. The Company may, at the Client's request or for the benefit of the project, recommend or facilitate introductions to third-party service providers, suppliers, or contractors.
8.2. Any agreements, contracts, or arrangements entered into between the Client and such third parties are made directly between the Client and the third party. The Company is not a party to these agreements.
8.3. The Company does not guarantee the performance, quality, or outcomes of any third-party services, products, or works and shall not be held liable for any claims, damages, or losses arising from the actions, omissions, or failures of such third parties.
8.4. The Client acknowledges that while the Company exercises due diligence in its recommendations, the final decision to engage a third party rests solely with the Client.
9.1. Either party may terminate the agreement with a 30-day written notice.
9.2. Aquila Yachts reserves the right to terminate the agreement immediately if:
9.3. The Company reserves the right to terminate the agreement if unforeseen risks, such as significant design changes, unresolvable disputes, or safety concerns, arise during the project. In such cases, the Client will be notified in writing, and any remaining fees or expenses incurred will be settled according to the terms outlined in the agreement.
10.1. Both parties agree to maintain the confidentiality of all proprietary or sensitive information disclosed during the course of the engagement.
10.2. Confidentiality obligations are unlimited in time unless otherwise agreed upon in writing by both parties. Further details are outlined in the Non-Disclosure Agreement (NDA) available on the Company’s website.
10.3. This clause survives the termination of the agreement.
10.4. The Company will handle all data shared during the engagement in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) where relevant. Data will only be used to fulfill contractual obligations and will not be shared with third parties without prior consent unless required by law.
11.1. The Company may accept provision payments for supporting works that result in positive agreements between mediated partners.
11.2. Attempts to "buy out" or influence the Company to accept lower quality or unresolved remarks will result in immediate termination of the agreement.
12.1. All designs, drawings, reports, methodologies, and other materials provided by the Company remain the intellectual property of the Company unless explicitly transferred in writing.
12.2. Unauthorized use or duplication of such materials is prohibited and may result in legal action.
13.1. The Company operates under a strict policy of mutual respect and professional conduct. All parties engaged in the agreement, including the Client, contractors, employees, and third parties, are expected to maintain a professional and fair demeanor.
13.2. Any acts of hostility, intimidation, or unreasonable denial of access to work areas, facilities, or information aimed at pressuring, coercing, or unfairly influencing the Company or its personnel are strictly prohibited.
13.3. If such acts occur, the Company reserves the right to:
13.4. The Company may also seek compensation for damages, delays, or additional costs resulting from such acts, including but not limited to legal fees, reorganization of project schedules, and personnel costs.
13.5. This clause aims to foster a collaborative and professional work environment, ensuring that all parties can operate without undue pressure, fear, or intimidation.
14.1. Quotations are valid for 30 calendar days unless explicitly extended in writing.
14.2. Data transfers will primarily be conducted via email or platforms like WeTransfer.
14.3. If raised issues during quality controls cannot be resolved, the Company will negotiate alternative improvements to mitigate risk, damage, or delays.
14.4. These Terms shall be governed by the laws of the Republic of Turkey, unless explicitly agreed otherwise in the specific contract or agreement. Disputes will first be addressed through mediation and, if unresolved, submitted to the competent courts of Istanbul, Turkey.
14.5. The Company shall not be held liable for any delays or failure to fulfill its obligations under this agreement due to events beyond its reasonable control, including but not limited to acts of God, war, natural disasters, strikes, pandemics, or government-imposed restrictions.
14.6. The Company reserves the right to amend or update these Terms and Conditions at any time. Clients will be notified of any material changes. Continued engagement with the Company after notification constitutes acceptance of the revised Terms.
14.7. Approvals, agreements, or decisions communicated in writing via digital platforms such as email, WhatsApp, text messages, or other recognized channels shall be deemed valid and binding, provided they are clear, specific, and directly related to the subject matter. Screenshots or documented records of such communications can be retained by the Company and may serve as proof of agreement. Clients acknowledge that informal approvals may not override formal contracts or agreements unless explicitly stated and agreed upon by both parties.