CAR RENTAL AGREEMENT TERMS AND CONDITIONS
ADNAN ÖZEN İNŞ. TAAH. ENER. TUR. SAN. TİC. A.Ş., the company that leases the car defined in this agreement shall be referred to hereinafter as the “Lessor” and the person/entity whose signature is on the first page and who rents the said car shall be referred to hereinafter as the “Renter”.
1. The Lessor has leased the car, subject to this agreement, to the Renter between the dates set forth herein with the following terms and conditions. The Renter accepts that he has received the car without any wear and tear, in working order and together with its tires, equipment and documents and that he must return the car to the pick-up location in the same condition he received it, at the time and hour specified in the agreement, unless agreed otherwise. The Lessor shall offer to the Renter the same car it has showed as an example or another car with similar fuel, transmission and segment.
2. The Renter cannot unilaterally extend the term of the agreement on the expiry date of the agreement. In the event that the Renter wishes to extend the term of the agreement, he must notify the Lessor 24 hours in advance. In such case the Lessor may give its written approval to the extension of the term or the Renter shall accept the new car offered by the Lessor. If the Lessor does not approve the extension request of the Renter or if the agreement terminates for whatsoever reason, the Renter must return the car on the day the agreement terminates to the address notified to him. Any term extension shall be governed by the conditions and terms of this agreement regardless that a new contract is signed. The Renter accepts that failure to return the car at the end of the agreement shall constitute a crime under the criminal law and that he shall not detain the car against the rental agreement. The Renter accepts, acknowledges and declares that he cannot benefit from the insurance, guarantees or legal rights after the termination of the agreement and/or in the case of unlawful driving of the car.
3. The Renter accepts, declares and undertakes that the following uses of the car are prohibited:
a) To carry passengers or property for hire,
b) To tow or push other vehicles,
c) To transport, carry or to possess any substances in violation of customs law or any other applicable law or for other illegal conducts,
d) To drive under the influence of alcohol (Example for legal limit: between 0-30 promil) and/or a controlled substance
e) Motor sports (any kind of race, test of speed, drift, strength or rally, etc.)
f) To be operated on unpaved or inappropriate roads,
g) Recklessly or while overloaded that may damage the car,
h) To carry more passengers than the permitted capacity set forth in the licence,
i) To be operated on roads and situations, which are not appropriate to the car’s technical conditions and tolerance (bog, stream bed, etc.).
j) Outside the country borders,
k) Over the legal speed limits.
4. The Renter shall not let third parties use the car without the approval of the Lessor. If the Renter wishes to let third parties use the car and the Lessor accepts this, the Renter shall insert the information related to the identity, address and driving licence of the said third party in the agreement and ensure that the said third party complies with all the terms and conditions of the agreement.
5. The Renter accepts, declares and undertakes that (i) the residence and e-mail addresses set forth in this agreement and the ADDRESS DECLARATION (which is an annex of this agreement) are true, (ii) he shall notify the Lessor of any changes on these addresses with A NOTICE TO BE SENT BY THE NOTARY PUBLIC, (iii) otherwise any notification, either administrative or legal, made to the addresses set forth in this agreement shall be valid and he shall not dispute their validity.
6. Invoices for the rental charge shall be sent to the e-mail address of the Renter specified in this agreement via electronic e-mail and will not be sent physically. The invoice sent electronically shall be deemed services at the end of the 5. day following the day it hits the e-mail address of the Renter.
7. DATA PROCESSING PERMISSION: The Renter hereby accepts that (i) his contact information and all kinds of personal and impersonal data declared in the agreement and its annex “ADDRESS DECLARATION” can be recorded, kept in archives, be used, updated, shared, transferred and processed in other ways, in accordance with applicable laws, for the purposes of fulfilling the legal liabilities of the Lessor or for description, advertising, promotion, sale, marketing of any kinds of product and service, customer transactions, information and applications, and (ii) commercial electronic messages and other messages can be sent via SMS, instant notifications, automatic calls, telephone calls and e-mail for purposes of description, advertising, promotion, sale and marketing of all kinds of product and services in accordance with the applicable law.
8. The drivers shall present their driving licences and valid credit cards at the beginning of the rental.
9. Payments shall be made at the beginning of the rental with a valid credit card.
10. At the beginning of the rental, an amount to be determined based on the group of the car will be temporarily reserved against the Renter’s credit card, as a security. The Renter hereby accepts that he shall not object to collection of additional rental day charges, fuel charge, damages, traffic fines and similar amounts related to the rental. The Renter accepts that for transactions related to damages and traffic fines, a service fee in the amount TL 20 (twenty) + VAT shall apply per transaction.
11. The Renter shall pay the following upon the Lessor’s request.
a) Daily rental charge and/or the km charge to be calculated based on the number of days the car is used and/or the distance made during the rental period (the distance made is determined with the distance indicator inserted in the car by the manufacturer. If the distance indicator is not working, the km charge shall be calculated as per the distance of the journey indicated on the map.)
b) If the car is returned to a location other than the location where the rental commenced, a one-way service fee determined by the Lessor.
c) V.A.T. and other applicable taxes,
d) During the rental period, except the situations when the Lessor is at fault, parking citations, court expenses and other fines and penalties assessed against the car, the Renter, other driver or the Lessor due to violation of traffic rules or law and other expenses attached to towing of the car and the daily rent charges applicable during the period the car cannot be operated.
e) Expenses incurred by the Lessor, damages and moral damages to be paid to third parties and the costs related with the repair of damages to the car that occur from collusion or overthrow of the car shall be paid by the Renter.
f) If the car is delivered with a full tank of fuel and the Renter return the car with less amount of fuel, the Renter shall pay an additional service fee of 30% in addition to the fuel charge plus VAT. Traffic fines and penalties, which cannot be identified at the end of the rental, will be collected from the credit card of the Renter based on his approval given at the beginning of the rental and the Renter will be informed. A service fee in the amount of TL20 (twenty) + VAT will apply for each transaction.
12. In case of failure to submit the official documents of the car (traffic document, registration certificate, insurance, plates) at the time of return, the Renter shall be responsible to pay the rental charge for the period until the submission of these documents and if these documents are lost, the Renter shall pay the necessary expenses incurred by the Lessor for renewal of the same.
13. If authorized bodies forfeit the car, all expenses to be incurred to take back the car and the rent charges applied during that period shall belong to the Renter whether or not he is at fault. If the car cannot be taken back, the Renter shall pay in cash and in full the market price of the car to the Lessor.
14. A usage limit based on DAY/KM or MONTH/KM shall apply during the period specified in the agreement. Unused kilometres in a month shall not be transferred to the following month. If the usage limit is exceeded the Renter accepts and undertakes to pay additional 45kr per 1 KM for exceeded usage.
Details regarding transmission, fuel, age of the driver and age of the driving licence, provision amount and km limits are as follows.
CAR MODEL EXEMPLE
EXCEED OF KM (kr)
Age of the Driver
Age of the License
|CDMD||FIAT LİNEA 1.3 MJT - RENAULT SYMBOL 1.5DCİ||MANUAL||DIESEL||300 TL||500||4000||0,45 Krş||21||2|
|CDAR||NISSAN MICRA 1.2 A/T||AUTOMATIC||GASOLINE||300 TL||500||4000||0,45 Krş||21||2|
|EDMD||VOLKSWAGEN POLO 1.4 TDİ - RENAULT CLİO HB 1.5||MANUAL||DIESEL||300 TL||500||4000||0,45 Krş||21||2|
|SDMD||FIAT EGEA 1.3 MJT PEUGEOT 301 1.6 HDI||MANUAL||DIESEL||300 TL||500||4000||0,45 Krş||21||2|
|IDMD||FORD FOCUS 1.6 TDCI - RENAULT FLUENCE 1.5 DCİ||MANUAL||DIESEL||500 TL||500||4000||0,45 Krş||21||2|
|SDAD||RENAULT FLUENCE 1.5 DCİ A/T - HYUNDAİ ACCENT BLUE 1.6 A/T||AUTOMATIC||DIESEL||500 TL||500||4000||0,45 Krş||23||2|
|ICMD||VOLKSWAGEN GOLF 1.6 TDİ||MANUAL||DIESEL||750 TL||500||4000||0,45 Krş||23||2|
|IDAD||FORD FOCUS 1.6 A/T - RENAULT MEGANE 1.5 A/T||AUTOMATIC||DIESEL||750 TL||500||4000||0,45 Krş||23||2|
|SWMD||DACIA LODGY 1.5 DCİ ( 7 KOLTUKLU)||MANUAL||DIESEL||500 TL||500||4000||0,45 Krş||23||2|
|SFMD||DACIA DUSTER 1.5 DCİ ( 4*4 )||MANUAL||DIESEL||500 TL||500||4000||0,45 Krş||23||2|
|FDAD||SKODA OCTAVIA 1.6 TDI A/T - OPEL ASTRA 1.6 A/T||AUTOMATIC||DIESEL||750 TL||500||4000||0,45 Krş||23||2|
|ICAD||MERCEDES A180 AMG 1.5 CDI A/T||AUTOMATIC||DIESEL||1000 TL||400||3000||0,45 Krş||25||5|
|IWAD||JEEP RENEGADE||AUTOMATIC||DIESEL||750 TL||400||3000||0,45 Krş||25||3|
|FWAD||NISSAN QASHQAI 1.6 DCI A/T - FORD KUGA 1.5 TDCI AT||AUTOMATIC||DIESEL||750 TL||500||4000||0,45 Krş||25||3|
|LDAD||VOLKSWAGEN PASSAT 1. TDI A/T||AUTOMATIC||DIESEL||1000 TL||400||3000||0,45 Krş||25||5|
|PDAD||MERCEDES C 200 D CDI A/T||AUTOMATIC||DIESEL||1500 TL||300||3000||0,45 Krş||25||5|
15. Traffic fines and any damages occurred during the towing of the car shall be born by the Renter. If the car is towed for reasons other than the Renter’s behaviours and acts, such period shall not be included in the rental period.
16. The Renter hereby releases the Lessor from any liability and costs after the return of the car due to loss or damage of a property left in the car.
17. The Lessor shall not be liable for any accident, loss or injury, which occur due to a mechanical error or manufacturing fault of the car or spare parts without the Lessor’s fault, as the Lessor is not the manufacturer of the car.
18. The Renter shall not transfer, assign or pledge his rights under this agreement or any equipment in the car to third parties and shall not use the same in an harmful way to the Lessor.
19. If the Renter has an indemnification right against third parties resulting from the car, he must give a power of attorney or assign his rights regarding legal proceedings to the Lessor pro rata to his right. Litigation charges shall be borne by the parties pro rata to their rights.
20. If the Renter does not comply with any of the terms of this agreement, the Lessor shall have the right to pursue legal and administrative actions and to repossess the car without any injunction or court decision.
21. The Renter irrevocably accepts and acknowledges that the car(s) is equipped with a car tracking device and other systems to geographically locate the car.
22. The Lessor can terminate the agreement at any time or abstain from extending the term of the agreement at its sole discretion without being obliged to indicate a reason or compensate the Renter.
23. MAINTENANCE. The Lessor shall have the periodical maintenance, oil change, etc. of the car foreseen by the manufacturer made preferably by its car services. When this is not possible, the Renter shall have the said maintenance process made by contracted or authorized car services to be notified by the Lessor in writing. In such case the invoice shall be issued in the name of the Lessor. Snow tiers are not included in the Maintenance-Repair costs.
24. REPAIR. Costs related to repair, spare parts and tire replacement as a result of normal usage and wear shall belong to the Lessor. Costs related to repair, spare parts, spare tire and if the car cannot move due to negligent or faulty usage (damages resulting from usage without oil and/or water, with inappropriate or illicit fuel, tire cracking, etc.) transportation costs to bring the car to the location where the rental commenced and the rental costs calculated based on the valid price list for the period during which the car cannot be operated, shall belong to the Renter. For small repairs in case of emergency, the nearest office of the Lessor shall be notified for its approval. Repair costs shall be paid to the Renter against the invoice issued in the name of the Lessor. In case of a repair due to an accident, article 23 shall apply.
25. In case of damage and/or breakdown of the car, the Renter shall be responsible to return it to the Lessor or at a different location identified by the Lessor safely and without increasing the loss. Cost related to the towing car or other services shall belong to the Renter even when they are provided with the support of the Lessor.
ACCIDENT: In the event of an accident, regardless of whose fault it is, the rental charges will continue to be paid. The Renter accepts, declares and undertakes to pay the loss of value due to the damage to the car and the loss of commercial earnings during the repair period over the daily amount specified in the agreement.
26. PAYMENT: The Renter accepts to pay the rental charge on the valid price list, the exceeded km charge, charges applied to the optional conditions he accepted by signing, other charges that may apply at the end of the rental and applicable taxes. The agreement shall be liquidated pursuant to the definite calculation result to be determined at the end of the agreement based on the price list applicable at the time of signing of the agreement. One day rental shall be calculated as 24 hours, weekly rental as 7 days and monthly rental as 30 days. Any delay of more than 3 hours shall be considered as one full day.
A) Rented cars are insured with Mandatory Mat Liability Insurance as per the Traffic law within the legal policy limits towards third parties who suffer losses. The Lessor’s liability in case of accidents, which harm third parties, shall be limited with the compensation amount paid by the insurance company on the condition to be covered by the scope of the Mandatory Financial Liability Insurance made for each car. Any liability exceeding the compensation amount of the insurance and indemnification claims of the injured persons or their relatives for moral damages shall belong to the Renter and the Lessor reserves its right of recourse to the Renter.
B) The Renter shall be liable for losses occurred as a result of an accident or for expenses incurred to transport the car to the the rental location if the car is stolen and charges for being inoperable during the repair period without any right of objection. The Renter accepts, declares and undertakes to pay the rental charge during the repair period or if the car is stolen, until it is found, and the loss of value due to damage to the car.
C) In the presence of the following conditions, the Renter shall be liable only for the damage to the car. Loss of value of the car and the daily commercial earnings loss shall be reserved.
a) The Renter or the authorized deriver must take the necessary safety measures, unless he has an impediment situation identified by a medical report, shall not intervene with the damaged car in any way, must determine names and addresses of relevant parties and witnesses and immediately report the accident to the Lessor and the nearest police officers.
b) Since the assessment of liability and the crime is to be made by the authorized bodies, the Renter must explain how the accidents occurred and not accept the crime and the liability.
c) The Renter must submit to the Lessor (i) the accident report and the alcohol report issued by the nearest body (traffic police officer or Gendarmerie) and (ii) the names and addresses of the witnesses within 48 hours at the latest.
D) The Renter must take the necessary measures to prevent potential accidents and theft when he is not operating the car. The Renter must keep the doors locked and park the car in a safe area and do not leave the license in the car as safety measures. If the car is stolen the Renter must return the keys and licence to the Lessor provided that he can prove that he report the loss of the car to the police. If the said measures are not taken and the car is stolen, the Renter accepts to pay the price of the car and other losses.
28. Any amendment or addition to this agreement shall be invalid unless agreed on by the parties in writing.
29. Any dispute between the Lessor and the Renter shall be settled in Izmir Courts and Execution Offices according to the laws of the Republic of Turkey.
30. This agreement, which contains 30 articles and two annexes (Annex 1- Exceptions to the Insurance, Annex 2- Declaration of Address), which form inseparable and integral parts of the agreement has been read, negotiated and signed by the parties with full consent.
NAME-LAST NAME: DATE:
EXCLUSIONS TO THE INSURANCE
1) Situations when there is no accident and alcohol report.
2) Accidents occurred when a person who has not been registered was driving the car.
3) Accidents occurred when the driver was under the influence of alcohol or drug.
4) If the driver does not have a valid driving licence.
5) Accidents due to violation of traffic rules and excessive speed.
6) When the driver is fully or primarily at fault.
7) Accidents and damages occurred outside the period specified in the agreement.
8) Accidents or damages occurred while pushing, towing or carrying another car or mobile or immobile objects.
9) Accidents or damages occurred during any race, contest, rally, motor sports or caused by driving on unpaved or inappropriate roads,
10) Accidents and damages occurred while transporting more passengers than legally allowed and in any case while carrying explosive substances or load outside of the car.
11) Burns occurred due to cigarette or other similar burning substance, without the commencement of a fire.
12) Burns and stains on the furniture of the car,
13) Repair of tear of tires caused by faulty usage or damages and loss caused by fuelling with a type of fuel improper for the car or with illicit fuel are excluded from the insurance and the Renter shall be entirely liable for damages occurred in such cases.
14) The Lessor has a right of recourse against the Renter for uncollectable loss, loss of value of the car and compensation for the period during which the car cannot be operated, if the Lessor cannot benefit partly or fully from the insurance because of all kinds of fault, act or negligent act, which are not attributable to the Lessor.