CAR RENTAL AGREEMENT

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    KUR HESAPLA

    KİRAYA VEREN / LESSOR
    KİRACI / LESSEE

    TARİH / DATE TARİH / DATE

    This “General Terms & Conditions” (in short the “Agreement”) represents an attachment and an inseparable part of the VEHICLE CONDITION FORM (in short the “Form”) that was signed by and between the parties. By virtue of this agreement; (In short the “Lessor”) has rented out the vehicle, which it owns or which it is the proprietor of and which is mentioned in the Form, to the Lessee, whose name and address is written in the Form. The Lessee hereby declares and undertakes to use the vehicle covered by the agreement in accordance with the conditions herein (period of rent, hour of return, return station etcetera) and to fully pay the rental fee on a timely manner. By signing this agreement, the lessee has undertaken all obligations related to the rented item. The lessee hereby accepts, acknowledges and undertakes that it shall not refrain from signing the Vehicle Condition Form both during receipt and return of the vehicle, he shall be deemed to have accepted all articles written in the Form if he refrains from signing the same and that if it has any objections to the Form’s contents, he shall raise the same not by refraining from signature but by having a survey conducted by an expert, the expenses of which shall be met by the lessee. 

    This Agreement is an addendum to and an integral part of the Vehicle Condition Form and Rental Agreement Form and the rental period of the vehicle subject to the rental service shall be regulated via the Vehicle Condition Form and Rental Agreement Form. In the event of any action contrary to the provisions of this agreement and aforementioned provisions of the law, by the lessee, upon the first request of the lessor, without the need of any other warning or notification, the lessee shall deliver the vehicle to the nearest branch of the rental service. Otherwise, the lessee shall be obliged to indemnify all kinds of material - moral damages incurred by the lessor. 

    The Lessor reserves the right to terminate this agreement at any time without any reason whatsoever.” 

    1) The address declared by the lessee in the agreement and the attachments thereof represent his legal address of notice and unless the lessee informs the lessor about changes therein, all notices made to such address shall be valid and legally binding. 

    2) When the lessee signs this agreement, he hereby accepts that he has received the vehicle covered by the same in an operational and good format with its mechanical and body parts intact, that all kinds of defects present in the vehicle are mentioned in the Form and that if the contrary occurs, the lessee shall be responsible for all defects detected when the vehicle is returned to the lessor. The lessee hereby accepts that during the receipt thereof, the vehicle has no defects or damages other than those written in the form. 

    3) The lessee has received the vehicle as well as all documents, accessories, tool kits and spare tires thereof and it shall deliver the same fully to the station where it rented the vehicle or any other office of the lessor notified to him. Throughout the rental period, the lessee is also obliged, and in accordance with the terms & conditions of the agreement, to pay the rental fee for supplementary accessories such as baby seats, navigation device, etc... that the lessee has demanded. 

    4) The lessee shall be personally responsible for all kinds of direct and indirect damages, losses and penalties, which occur in the vehicle received by the lessee in an operational and intact format, which owe to wrong use and/or inattention and which cannot be demanded or collected from the insurance company due to traffic insurance rules. 

    5) It is required that the for Economy Group Vehicles, the lessee is at least 21 years old and has 1 year’s driver license, which is 24 years of age and 3 years’ driving license for Interim Group Vehicles and 27 years of age and 5 years’ driving license for Luxery Group Vehicles. Use of the vehicle by individuals other than the lessee is only possible if they have completed the periods in accordance with the general conditions of rent and notified in prior to the lessor as additional drivers. Otherwise, the lessee shall be exclusively responsible for all kinds of direct and indirect damages suffered by the lessor and third parties. 

    6) Renting period is minimum 24 hours. Rental fee shall be calculated as 1 (one) day for shorter rentals. The lessee is obliged to pay, fully in cash, the fee for the number days when he has rented the vehicle, which is calculated over the daily rental fee written in the price tariff in effect. 

    The lessee is also obliged to pay the following as he is exclusively responsible for the same; 

    a) For 24 hour rentals no additional charges will be collected After 24 hours the customer has 2 hours of grace period without any charge. If the customer brings the car after the grace period customer will be charged for one day rental fee.

    b) The one-way fee that can emerge at the end of rent;

    c) The fuel price difference that occurs when the vehicle, which is delivered with its gasoline tank full, is not returned with full tank when the vehicle is returned and the service fee sum that equals to 25% of this fee;

    d) Fuel, highway passage fees, all kinds of parking and transportation costs, all additional expenditures and costs that owe to the usage of the rented item and all other expenses that occur after the rented item is delivered to the lessee.

    7) The lessee shall effect the payments at the commencement of the rental period in cash or by credit card or by voucher. The lessee hereby accepts, declares and undertakes that if the rental fee as well as other fees and legal payments are not paid on their maturities, these shall become due & payable five days following the invoice date and that the lessee shall pay a monthly late interest of 5% (five percent) after the date of invoice.

    At the commencement of rent, a preliminary provision that equals to the commencement price shall be collected from the credit card of the lessee. The lessee hereby accepts not to object to the collection of the rental fee as well as all kinds of traffic and illegal passage fees and damage costs from this preliminary provision.

    8) The prolongation of the condition date mentioned in the agreement is only possible by paying the rental fee for the new period and taking approval from the lessor. It is not possible to extend the rental period without approval from the lessor even if the rental fee has been paid. This instrument represents a time-limited rental agreement and unless the contrary is agreed upon, the rented item shall be delivered to the lessor at the expiry thereof without the need for any notices or warnings. 

    9) The lessee shall use the vehicle covered by the agreement in accordance with the Traffic Law & Instructions and shall comply with traffic rules. The lessee is obliged to comply with the Highways Law, Regulations and all other pertinent legislation. The lessee may not become exempt from this responsibility claiming that as a driver, he is not aware of such liabilities. The lessee shall be responsible for all kids of legal and penal expenses that result from his breach of the legislation. Any traffic fines that are issued to the lessee and not paid by the same shall, and on the condition that such fines are notified to the lessor by the lessee and/or the pertinent authorities, be paid by the lessor and shall be collected from the lessee by adding a service fee of %30 percentage which is equal to the %30 of the penalties TRL amount. The lessee hereby accepts, declares and undertakes to promptly pay, upon first written notice and without the need for any court rulings, all kinds of service fees as well as all kinds of additional sums such penal clauses, etc.. that the lessor was obliged to pay.

    10) The sub-leasing of the rented vehicle and its use by third parties, even free-of-charge, is prohibited. Furthermore, the following is also prohibited: 

    a) Use of the vehicle by persons not indicated as additional drivers;

    b) For towing or pushing other vehicles;

    c) Transporting goods or passengers as a source of revenue;

    d) Its use outside the borders of the Republic of Turkey;

    e) Its use for motor sports such as racing, speed tests, rallies, endurance tests and on roads that are inappropriate or closed to normal traffic;

    f) Under land and road conditions that are not appropriate for the technical and endurance capacities of the vehicle as determined by the manufacturer company;

    g) Its use for illegal works or the transportation of materials in breach of the customs legislation or other laws;

    h) Its use in all other kinds of illegal operations, terrorism and acts against the state and the Laws. If the existence of any of the foregoing is identified, then the lessee shall promptly pay all damages suffered by the lessor upon first written notice served by the latter. The lessor reserves the right to terminate the agreement.

    11) The lessor has made all kinds of legally mandatory insurance for the rented vehicle. The lessee hereby accepts and undertakes to undertake the responsibility for damages suffered by the vehicle due to the following conditions and to pay all pertinent costs without raising any objections:

    a) When the lessee is under the influence of alcohol and/or drugs and/or somniferous substances at the time of any accident;

    b) When the legal speed limits are surpassed (when the accident report states that the accident occurred due to excessive speed) or when the vehicle is driven in violation of the Traffic Laws;

    c) When the traffic accident report is not issued (a mutually agreed report or a report issued 

    by the police or gendarmerie);

    d) If the lessee, for any reason, loses his qualification for driving after the signature of this agreement (seizure of his driver’s license or diseases that prevent driving, etcetera), he shall promptly inform the lessor and return the vehicle. When the lessee loses his qualification and does not return the vehicle;

    e) All kinds of damages and/or accidents that occur when the vehicle is driven by individuals other than the lessee or the persons mentioned as additional drivers in the rental agreement; 

    f) When the damage amount is not paid according to the general provisions of the hull insurance policy due to amendments on the law and pertinent legislation by the Undersecretariat of Treasury and/or the Turkish Union of Insurance and Reassurance or when the insurance company does not effect payment on miscellaneous grounds;

    g) The general rules of hull insurance is valid for vehicle theft and the lessee hereby accepts to pay the value of the rented vehicle and other damages for situations such as pilferage that are not defined as theft, not included in insurance coverage and therefore not paid by insurance companies. 

    h) In additional to the rental fee, the lessor may demand all kinds of direct and indirect damages from the lessee if a penalty is imposed due to the use of alcohol or drugs by the lessee in any accident that the lessee is involved or the lessee breaches the traffic rules under any format.

    12) For the protection of the lessor and the insurance company, the lessee is obliged to take the following measures in case the lessee or the additional drivers defined get involved in any accident during the rental period;

    a) To take maximum measures of safety that can be expected from him that are related to himself, the vehicle and third parties;

    b) To obtain all kinds of traffic accident reports such as those issued by the police or the gendarmerie and submitting these to the lessor; 

    c) If possible, to take the photocopies of the driving licenses, vehicle licenses and traffic policies of the other party (parties) and if this is not possible, filling-in the documents completely;

    d) Taking the photographs of the accident lieu, if possible; 

    e) Notifying the closest police or gendarmerie during accidents that result in death, material damages or corporeal damages; 

    f) To submit all documents related to the accident to the lessor within twenty-four hours after the occurrence thereof.

    13) The lessee is obliged to park the vehicle in a fully secured manner with its engine stopped and doors locked. In case the vehicle is stolen, the lessee is obliged to return the vehicle license and keys and to evidence that all security measures are taken and necessary applications are made to the security authorities so that theft insurance can be utilized. If the contrary occurs, the lessee is obliged to pay the vehicle’s current purchasing price and other damages for situations that are not covered by hull insurance and for which the insurance company pays no indemnities.

    14) The material damages and medical costs for passengers inside the vehicle and 3rd parties are limited by the limits mentioned by traffic insurance, all responsibilities and liabilities that are not covered by traffic insurance are under the responsibility of the lessee and all other damages and losses that can be recoursed to the lessor with the title of Owner / Operator shall be promptly paid by the lessee upon first demand by the lessor without the need for Court Rulings.

    15) Under no circumstances may the lessor be held responsible for the loss, theft, pilferage or damage of the property that is carried or left in the vehicle by the lessee. The lessee hereby waives from his right to litigate, accuse or launch complaint against the lessor due to such damages and/or losses and absolves the lessor from the same.

    16) As the lessor does not manufacture the vehicle, it may not be held responsible for any material and spiritual losses or damages that owe to mechanical or production faults in the vehicle or the spare parts thereof. The Parties have agreed that the responsibility of the lessor is limited to delivering the vehicle in a condition appropriate for use and performing the necessary maintenance.

    17) If the lessee violates any provision of this agreement and especially does not return the vehicle on the previously agreed date, the Lessee hereby accepts and undertakes that the Lessor shall be authorized to promptly take back the vehicle regardless of its current location and without the need for any warnings, notices or Court Rulings. The lessee is obliged to promptly pay all kinds of damages and expenditures that occur while the rented vehicle is being taken back by the lessor. The lessor 

    shall not be responsible for the loss of any substances or materials that are inside the vehicle while its being taken back.

    18) The lessee hereby accepts and declares that his non-delivery of the vehicle at the end of the contractual period shall constitute an offence as per the penal code and that in terms of damages and his personal responsibility, he may not benefit from any insurance, coverage or legal rights if the vehicle is used outside the contractual period, or by drivers not defined in the agreement or in manners that violate the Law. 

    19) The stamp duty and all costs resulting from this agreement shall be paid by the lessee.

    20) This agreement has been issued in Turkish and English languages. In the event of any contradiction between the Turkish and English versions, the Turkish version shall prevail.

    21) The Parties have accepted and undertaken that as per Article 193 of the Code of Civil Procedure, the books, record, declarations as well as telephone, audio and computer records of the parties shall constitute conclusive evidence for any disputes related to the implementation of this agreement. Similarly, the lessee hereby accepts and undertakes that he has waivered from all his rights of refutation and objection against the aforesaid as well as from his right to propose “an oath for the duly format of the lessor’s records”. This article represents an evidential agreement.

    22) As the Parties are “Responsible for Data” as per the “Law on the Protection of Personal Data” that was published in the Official Gazette dated: 07.04.2016 and numbered: 6698, they hereby acknowledge and declare that they shall maximum attention so that, including those belonging to individuals that utilize the products and services, all kinds of personal data belonging to either the Parties or the persons related therewith is stored in accordance with the Law on the Protection of Personal Data Numbered: 6698, that they shall take the customers’ approval for processing and storing personal their data, the customers shall be replied to promptly if they raise any questions as to the manner and purpose of storing personal data, the Parties shall continue to store all personal information of the customers in a duly and that the Parties shall take all due & legally mandatory technical and administrative measures mentioned by the so that so that the security of the stored personal data is ensured.

    The parties hereby declare, acknowledge and undertake that all their activities for processing the personal data, which they have received and/or collected from each other and which they are jointly responsible for, shall always conform to the legislation in effect.

    The definition of processing all kinds of acts that can be conducted by using data including the obtainment, collection, recording, storing, analyzing, reporting, collectivization, filing, deletion and destruction of personal data. 

    The Parties are responsible that their employees conform to the legislation concerning the personal data they are jointly responsible for.

    As the parties are jointly responsible towards the damages suffered by third parties their breach of the obligations written herein, they reserve the right to recourse against each other during their internal relations on the ratio of their defaults.

    This agreement is in Turkish and English. I accept that I have examined and read the front and back of the agreement.



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