Common Disputes in Marina Mooring Contracts

Turkey, with its long coastline, growing yacht tourism, and the development of the maritime sector, hosts a large number of marina operations. The contracts concluded between marina operators and vessel owners are not limited to mooring fees alone; in most cases, they constitute a complex legal relationship at the intersection of technical, contractual, and legal obligations.

In this relationship, one of the parties is usually the marina operator (a commercial enterprise), while the other is the vessel owner or charterer. The contractual relationship is influenced by multiple legal instruments, including the Turkish Code of Obligations (TCO), the Turkish Commercial Code (TCC), the Notification Law, the Maritime Tourism Regulation, and port and customs legislation. A significant portion of disputes arises due to incomplete or ambiguous contractual provisions.

Below are the types of disputes frequently encountered in practice regarding marina mooring contracts, along with their legal assessments.

1. Fee and Tariff Disputes

One of the most common disputes in marina contracts concerns mooring fees and other service charges. These fees typically consist of the following items:

• Sea and land mooring fees

• Lifting and launching charges

• Hardstanding (dry storage) fees

• Electricity, water, and technical service charges

• Waste collection, security, and maintenance services

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LOA Measurement and Tariff Applications

In practice, disputes frequently arise regarding the LOA (Length Overall) measurement of the vessel. Marinas often base the mooring fee not on the LOA specified in the manufacturer’s catalogue but on the total length, including stern platforms, bow extensions, or detachable fittings. This can lead to significant differences in tariff brackets, especially when differences of 1–2 meters correspond to higher pricing categories.

Legally, if the marina has not expressly stated this measurement method in the contract, the unilateral application of tariffs may be subject to challenge under Articles 20 et seq. of the TCO on standard contract terms. The Court of Cassation has similarly held that unilateral amendments introduced through standard terms must be clear and understandable.

Tariff Changes and Interest Disputes

Marinas may unilaterally update their annual tariffs. However, unilateral tariff changes made without a clear contractual provision may be challenged under Articles 138 (hardship) and 20 of the TCO.

Late payment interest is also a frequent source of dispute. Some marina contracts set fees in foreign currency and impose high interest rates in case of delayed payments. Such clauses may be evaluated under Article 27 (immorality) or Article 88 (statutory interest rates) of the TCO if the rates are excessive.

2. Damage and Liability Disputes

Another major area of dispute in marina contracts is liability for damage.

Travel Lift and Dry Dock Damages

When damage occurs during hauling, travel lift operations, or maintenance and repair, liability may be contentious. If the damage results from the fault of the marina’s equipment or personnel, Articles 112 (liability for breach of obligation) and 66 (employer’s liability) of the TCO apply.

Marina operators often include clauses limiting their liability, such as “the marina shall not be liable for damages arising during travel lift operations.” However, such clauses are invalid in cases of gross negligence pursuant to Article 115 of the TCO.

Storms and Force Majeure

For damages arising from natural events such as storms, tornadoes, or floods, the liability of the marina depends on whether it has taken reasonable safety measures (such as proper mooring arrangements, line checks, additional mooring points, and warning systems). If such measures were taken, the event may be classified as force majeure; otherwise, liability may arise.

In such cases, evidence — including photographs, videos, security camera recordings, meteorological reports, and expert examinations — plays a decisive role.

3. Breach of Contract

Marina contracts are typically drafted unilaterally as standard terms. Therefore, the validity of sanctions applied in the event of a breach is assessed within the framework of the TCO provisions on standard contract terms.

Violations of Marina Rules

Noise, breach of environmental rules, unauthorized electricity use, improper repairs, or behaviors endangering fire safety may constitute breaches of the contract. In such cases, the marina may terminate the contract for just cause (TCO Articles 432, 438).

Transfer of Mooring Rights

Some marina contracts prohibit the vessel owner from transferring the mooring place to third parties. In case of violation, the marina may terminate the contract and initiate eviction proceedings. Such clauses are valid, provided they are clearly stipulated in the contract.

4. Eviction and Right of Retention Disputes

One of the most critical issues in marina mooring contracts is the refusal to allow the vessel to leave the marina due to unpaid fees — the exercise of a right of retention.

Pursuant to Article 950 (right of retention) and Article 580 (lien in deposit contracts) of the TCO, marina operators may exercise a right of retention in mooring relationships, which are similar in nature to deposit contracts.

However, this right is not unlimited:

• It may only be exercised for claims arising from the contract.

• It must comply with the principle of proportionality; retaining a vessel for an excessive period in comparison to the debt amount constitutes illegality.

• The right of retention does not grant the power of sale; the marina may only retain the vessel until the debt is paid. For sale, enforcement proceedings must be initiated.

In this context, serving documents to the master pursuant to Article 1104/3 of the TCC is of critical importance, particularly for foreign-flagged vessels, to expedite eviction and enforcement proceedings.

Marina mooring contracts are not merely technical “berthing service” agreements; they encompass multiple legal dimensions, including liability, pricing, termination, eviction, jurisdiction, and environmental obligations.

Most disputes can be prevented through careful drafting of contracts. Each agreement regulating the relationship between the marina and the vessel owner should clearly, measurably, and lawfully set out the parties’ rights and obligations.

🔑 Recommendation: Before signing a contract, vessel owners and marina operators should seek legal assistance from an attorney experienced in maritime commercial law. In particular, the absence of legal