YATED’s Sector Briefing Text

Dear Seafarers,

Considering that in our country and around the world, in addition to fair events in indoor areas, fair events held in open areas have been postponed or canceled by the relevant fair committees, the 16th Eurasia Boat Show Fair event will be held on 19.02.2022, with opening on 19.02.2022 and closing on 27.02.2022. Although the FAIR ORGANIZATION COMMITTEE was called to the meeting on 22.12.2020 within the scope of Article 4 of the contract dated 29.05.2018, five members of the Committee in the Yacht and Boat Industry Association Management, representing Pozitif Fuarcılık A.Ş., were postponed to the mentioned dates. It is recorded in the minutes that three members attended the said committee meeting, and that the meeting was terminated upon the representatives of Pozitif Fuarcılık AŞ requesting time to discuss the issue.

Since no results were obtained from the Fair Organization Committee meeting and Pozitif Fuarcılık AŞ officials did not respond to our request, in accordance with Article 7 of the additional contract dated 29.05.2018, the 16th Eurasia Boat Show Fair event was announced as opening on 19.02.2022 and closing on 27.02.2022. Although a warning was sent through the Istanbul 12th Notary Public on 23.12.2020, with a request for postponement by postponing the dates, Pozitif Fuarcılık A.Ş. was given five days’ time. The notice requirements have not been fulfilled by.

When the entire process presented and explained above is evaluated together; Pozitif Fuarcılık A.Ş., which undertakes the fair organization and collects the fair fees from real and legal persons in cash or by issuing promissory notes by concluding participation contracts based on the additional contract dated 20.08.2020, responded negatively to our Association’s request for the postponement of the fair process. It was revealed through the notice process.

For the Members of our Association, the performance of the debt under the terms of the contract has become difficult to the extent that it violates the rule of honesty. In this context;

The financial burden they undertook during the fair will not be returned to them in any way due to the pandemic.
During the pandemic process, there is no obstacle for POZİTİF FUARCILIK A.Ş. to fulfill its contractual obligations, and Fair Participant companies;
Participation fee paid to the mentioned company in order to be included in the fair process,
The cost they spent for fair stands,
personnel expense,
logistics expenses,
Despite the total fair cost consisting of the expenses incurred due to the temporary import regime,
Difficulties in reaching a sufficient number of visitors during the fair process,
Foreign visitors cannot participate in the fair process due to the lockdown measures implemented by countries,
Due to reasons such as supply shortages in imported products to be exhibited at the fair,

Due to the fact that they will not be able to realize the sales and sales contacts they expected from the fair, THE BALANCE BETWEEN THE CONTRACTUAL ACTIONS HAS BEEN EXTREMELY AND CLEARLY DISTURBED ON BEHALF OF OUR ASSOCIATION AND OUR MEMBERS.

The severe pandemic conditions that emerged after the agreement was established are extraordinary and constitute an equivalent, objective risk factor for the whole world. Although the additional contract concluded on 20.08.2020 was concluded within the pandemic calendar; The effects of the negative situation experienced in our country after October 2020 on the contracts could not be predicted to this extent in terms of scope and form.

Regarding the “REQUEST FOR JUDGE INTERVENTION”, which is described as “JUDGE’S ADAPTION OF THE CONTRACT TO NEW CONDITIONS”, it was decided unanimously to initiate the mentioned legal process by ensuring the participation of all members of YATED Board of Directors, at the meeting held by the Board of Directors of the Association via video conference on 04.01.2021.

In this context; *Contracts concluded between our Association and Pozitif Fuarcılık AŞ by our legal entity, through our Legal Consultancy;

First of all, ADAPTATION WAY TO BREAK OUT OF THE CONTRACT,
If it is considered that there are no justified reasons to withdraw from the contract, a lawsuit has been filed before the Presidency of the Bakırköy Commercial Court of First Instance, requesting INTERVENTION IN THE CONTRACT in order to adapt the 16th Eurasia Boat Show Fair event as opening on 19.02.2022 and closing on 28.02.2022.

It is presented with respect.