PARTIES:
The party providing the vehicle for rent, whose plate and model are written on the front page of this contract, referred to as the "LESSOR," and the party renting the vehicle as indicated on the same page with their signature, referred to as the "LESSEE," shall be referred to as the parties. The parties have agreed to lease the vehicle with the details available on the front page under the following written conditions between them.
DEFINITIONS:
LESSOR: The party providing the vehicle for rent, as indicated on the front page of this contract, with its plate and model. LESSEE: The party renting the vehicle, as indicated on the front page of this contract, with its plate and model. Additional Driver/Drivers: Refers to the person or persons added to the rental agreement as a third party after approval by the lessor and after any additional fees have been charged to the lessee. Assistance Company: Independent companies established by the LESSOR to provide rental vehicles to insured customers of the assistance company and/or customers of companies affiliated with the assistance company, without any direct connection to the assistance company.
Article 1 – GENERAL CONDITIONS
- The parties acknowledge and undertake in advance that this rental agreement has been signed under the following conditions between the LESSOR, who provides the vehicle for rent as indicated on the front page, and the LESSEE, who rents the vehicle as indicated on the front page. The person who actually uses the vehicle in the contract and the company or individual that has leased the vehicle as LESSOR are considered joint LESSEES within the framework of the conditions specified in Article 1/a of this contract and have agreed to lease the vehicle subject to the following written conditions for the predetermined period. (In the event that the LESSEE and the person using the vehicle merge into a single person, it is accepted by the parties that the contract will only be valid for this person henceforth under the same conditions.)
a. The LESSEE is responsible for all kinds of liabilities that may arise during the agreed rental period, including the rental fee until the end of the agreed period as of the date of signing the contract, and the person who actually uses the vehicle as the LESSEE. The person who actually uses the vehicle is responsible for all obligations arising from the date of signing the contract until the date when the vehicle is actually returned and discharged in accordance with the contract, as KIRACI, and the parties have acknowledged and undertaken this in advance.
b. The LESSEE, at the time of signing this contract, acknowledges and undertakes that the vehicle(s) subject to the contract have been delivered to them in fully working condition and complete, with all official documents, accessories, and equipment (tow rope, first aid kit, spare tire and wheel, jack, fire extinguisher, chains), technical usage manual, and spare tire, as well as any other items specified in the contract. The LESSEE agrees to return the vehicle(s) in the same condition and complete with all documents and materials related to the vehicle(s) as specified in the contract on the date and time stated in the contract, unless otherwise agreed. If the person using the vehicle does not return it at the place of delivery, they will be obliged to pay any additional costs such as the driver's fee, fuel, etc., incurred by the LESSOR to retrieve the vehicle. This fee will be calculated at the place of vehicle delivery by the LESSOR and collected from this person. In case of delay in the delivery of the vehicle due to the LESSEE, 1/3 of the applicable fee will be charged for each additional hour, and if the delay exceeds 3 hours, the full-day fee will be charged. If the condition of simultaneous presence is not met, the LESSEE has given prior information about, the LESSOR will collect any receivables from the credit card provided by the LESSEE. The parties have agreed and undertaken this in advance. In extensions approved by the LESSOR, it has been accepted by the parties that the LESSEE unlawfully keeps the vehicle(s) in possession. The LESSOR reserves the right to resort to all legal means in this case.
c. The LESSEE is obliged to inspect the vehicle(s) at the beginning of the rental. Otherwise, it is accepted by the parties that they have received the vehicle(s) as specified in the contract and within the scope of the matters specified at the time of delivery, and the LESSEE will be responsible for any damages and deficiencies that are not mentioned at the time of delivery.
Article 2 - PAYMENT
The total rental amount, additional services, and security deposits are collected online with the credit card of the LESSEE during the reservation process. The credit card holder must be present in person during the rental. Renting with someone else's credit card is not allowed. Depending on the brand and model of the rented vehicle, a certain amount of pre-authorization is blocked on the credit card presented by the customer, in addition to the rental fee. (For economy class vehicles, a minimum pre-authorization of 750 TL, for mid-range vehicles, a minimum of 1000 TL can be blocked. For premium vehicles such as Mercedes Benz C series and above, BMW 3 series and above, at least 2000 TL pre-authorization will be blocked from two separate credit cards (from different banks). These stated amounts are minimum amounts, and depending on the brand of the vehicle, rental days, and other criteria, the office officials may block a higher amount during the vehicle delivery. Therefore, there must be a sufficient limit available on the credit card equal to the total pre-authorization amount. The pre-authorization will be removed at the end of the rental after deducting any additional services, guarantees, missing fuel, damages, fines, etc., that were not included in the reservation. In the event that the rental agreement is terminated without a valid reason after the pre-authorization has been paid by the LESSEE, the LESSEE is aware that 50% of the pre-authorization amount corresponding to the period that will be processed will not be refunded to them. The LESSEE hereby acknowledges and undertakes that they consent to the withdrawal of all contractual and legal payments related to the rental from the credit card they have presented at the beginning of the rental.
The LESSEE acknowledges, declares, and undertakes that in case of non-payment of the rental fee, TUR ASSIST YARDIM VE SERVİS LTD. ŞTİ. is authorized to obtain provisional attachment or interim measure without providing collateral.
RENTAL WITH A FOREIGN LICENSE
It has been accepted by the parties that the use of driving licenses obtained by Turkish citizens from foreign countries in our country is subject to the following conditions:
Vehicles can be used for a maximum period of 2 years from the date of entry into our country with driving licenses obtained from foreign countries.
Those who have been in our country for more than six months must carry Turkish translations of their driving licenses, which have been notarized or certified by foreign missions, along with their driving licenses when driving a vehicle in our country.
In order to be able to use vehicles in our country after two years, driving licenses obtained from foreign countries must be replaced with Turkish driving licenses.
b) It has been accepted that foreigners' use of vehicles in our country with driving licenses obtained from foreign countries is subject to the following conditions:
Vehicles can be used for a maximum period of six months from the date of entry into our country with driving licenses obtained from foreign countries.
After six months, driving licenses obtained from foreign countries must be replaced with Turkish driving licenses in order to be able to use vehicles in our country.
Article 3 - INSURANCE
The LESSOR has insured the vehicles under the Motor Vehicles Mandatory Financial Liability Insurance in accordance with the Law on Road Traffic of 2918.
The LESSOR will ensure that the lessee benefits from the coverage of comprehensive motor insurance without imposing an obligation to take out comprehensive insurance from any insurance company for the vehicle it owns.
In the event of an accident or damage, the LESSEE must fulfill the following conditions in order to benefit from this comprehensive insurance. Otherwise, according to the relevant article of this contract, the LESSEE will be personally responsible for all vehicle damage and any damages to third parties.
In case of an accident, until sufficient security measures are taken and the accident report is prepared by the police or gendarmerie, with the condition of not leaving the scene of the accident, and after these are completed, a technical accident report, determination record, alcohol report, a photocopy of the driver's license, witness names, and addresses, and similar documents and information must be submitted to the LESSOR within 48 (forty-eight) hours at the latest.
If the LESSEE does not have a condition that would prevent him/her from driving due to a medical report, the accident must be reported to the LESSOR immediately. The LESSEE shall not intervene in the damaged vehicle in any way. The LESSOR reserves the right to claim damages from the LESSEE in proportion to the LESSEE's fault. Theft of certain items from the vehicle (radio, spare tire, tools, etc.) is not covered by insurance and in such cases, the LESSEE is obliged to pay immediately because it is the responsibility of the LESSEE.
The LESSOR assumes responsibility for any legal liability arising from accidents that cause damage to third parties as a result of accidents caused by the LESSEE in cases where compulsory financial liability insurance coverage is provided for each vehicle. Legal liability beyond these limits belongs to the LESSEE, and the LESSOR has reserved the right to recourse against the LESSEE.
All insurances are valid within the period specified in the rental agreement. If the LESSOR and the LESSEE have not agreed on an extension, the LESSOR denies all responsibility for all damages caused by the LESSEE and only the LESSEE is responsible.
The LESSEE shall not take any action that may reduce the effectiveness of the vehicle during the rental period. The LESSEE shall not use the vehicle in a manner that would violate the laws and regulations of the country in which it is used, that would cause damage to the vehicle, that would expose the LESSOR to a penalty or fine, or that would cause the vehicle to be confiscated or seized by the authorities. The expenses incurred in this regard belong to the LESSEE.
During the rental period, the maintenance and repair responsibility of the vehicle belongs to the LESSOR. The LESSOR has the right to recourse against the LESSEE for any damage or loss that the LESSOR cannot claim from the insurance company due to any act or negligence that is not attributable to the LESSOR.
Tire damage and repairs, loss of wheel cover, glass breakage, and stolen spare tires and/or tools are not covered by insurance.
Instances where the insurance is invalid:
a. When under the influence of drugs or alcohol that impair brain functions, reflexes, or motor skills,
b. When exceeding the maximum speed limit and being found at fault for excessive speed on the traffic report,
c. If driving without a valid driver's license,
d. If there is a primary (full) fault,
e. If the Traffic Accident Detection Report, Alcohol Report, and documents of other vehicles involved in the accident (Traffic insurance, driver's license, etc.) are missing or not obtained,
f. If the driver is not listed in the rental agreement,
g. If other terms related to the use of the vehicle specified in this contract are not complied with.
In the event that the conditions specified in this paragraph are met, the LESSEE will be personally responsible for all damages and will be obliged to pay for all kinds of damages caused to third parties and government property.
Article 4 - COMPENSATION AND DELAY INTERESTS
In addition to compensating the LESSOR for any financial and non-financial damages incurred due to the actions of the LESSEE, the LESSOR shall be entitled to claim all legal rights in case of early termination of the contract. In case the LESSEE uses the vehicle after the expiration of the agreed rental period without extending the rental period, the LESSOR has the right to claim compensation from the LESSEE for each day of delay and an additional penalty of 1000 TL per day. In addition to this, the LESSOR has the right to claim compensation for all legal losses and expenses incurred in the event that the vehicle is used without permission.
In case the LESSEE pays the rental fee and other amounts related to the rental of the vehicle with a credit card and the amount is not collected from the credit card, the LESSOR has the right to receive the rental fee and other amounts related to the rental of the vehicle from the LESSEE with a delayed interest of 5% per month starting from the due date. In addition, if the LESSOR pays a collection fee to the relevant institution and if the LESSOR's expenses such as postage, phone, and transportation are incurred due to the delay in the collection of the receivable, these expenses will also be charged to the LESSEE.
In the event that the LESSOR suffers a loss due to the late payment or non-payment of the rental fee and other amounts related to the rental of the vehicle, this loss will be compensated by the LESSEE.
If the LESSOR suffers any loss due to the failure of the LESSEE to fulfill any of the obligations specified in this contract or due to the fact that the LESSEE does not act in accordance with the contract, the LESSOR has the right to claim compensation for all legal losses and expenses incurred.
In case of any dispute between the parties regarding the implementation, interpretation, and application of this contract, the records of the LESSOR and the information stored on the LESSOR's computer system will be considered as the primary evidence.
Article 5 - LIABILITY OF THE LESSEE
The LESSEE shall use the vehicle for personal transportation purposes and in accordance with its operating instructions and not to use it for any other purpose, including but not limited to carrying passengers or goods for hire, renting or subleasing the vehicle, participating in races or competitions, using the vehicle for illegal purposes or committing crimes with it.
The LESSEE shall not use the vehicle in violation of the laws and regulations of the Republic of Turkey or any other country where the vehicle is used and shall not use the vehicle in a way that would expose the LESSOR to a penalty or fine or that would cause the vehicle to be confiscated or seized by the authorities.
The LESSEE shall not use the vehicle in a way that would violate the rights of third parties or damage the vehicle.
The LESSEE shall take all necessary precautions to prevent damage to the vehicle, including but not limited to keeping the vehicle locked when not in use and not leaving the vehicle unattended with the keys inside.
The LESSEE shall not allow anyone other than the persons listed in the rental agreement to drive the vehicle.
The LESSEE shall not make any modifications or alterations to the vehicle without the prior written consent of the LESSOR.
The LESSEE shall be responsible for any fines, penalties, or charges incurred during the rental period, including but not limited to parking fines, traffic violations, and toll charges.
The LESSEE shall return the vehicle to the LESSOR in the same condition as it was at the beginning of the rental period, subject to normal wear and tear. The LESSEE shall be responsible for any damage to the vehicle, including but not limited to scratches, dents, and interior damage, beyond normal wear and tear.
The LESSEE shall be responsible for the cost of repairing any damage to the vehicle, as well as the cost of any necessary maintenance or repairs, unless such damage or repairs are covered by insurance.
The LESSEE shall be responsible for the cost of refueling the vehicle, and the vehicle must be returned with the same amount of fuel as it had at the beginning of the rental period.
The LESSEE shall be responsible for any loss or damage to any personal property left in the vehicle during the rental period.
The LESSEE shall be responsible for any loss or damage to the vehicle keys or any accessories or equipment provided with the vehicle.
The LESSEE shall comply with all safety instructions and guidelines provided by the LESSOR, including but not limited to wearing seat belts and not using mobile phones while driving.
The LESSEE shall immediately report any accidents, damage, or mechanical problems with the vehicle to the LESSOR and follow the instructions provided by the LESSOR.
The LESSEE shall cooperate fully with the LESSOR and any insurance company in the event of an accident or damage to the vehicle, including providing all necessary information and documentation.
The LESSEE shall not use the vehicle for off-road driving, racing, or any other purpose that may cause excessive wear and tear or damage to the vehicle.
The LESSEE shall not smoke in the vehicle or allow others to smoke in the vehicle.
The LESSEE shall not transport any hazardous materials or substances in the vehicle.
The LESSEE shall not overload the vehicle or exceed its maximum capacity.
The LESSEE shall not use the vehicle in a reckless or dangerous manner, including but not limited to excessive speeding, aggressive driving, or driving under the influence of alcohol or drugs.
The LESSEE shall not tow or transport any other vehicles or trailers with the rented vehicle without the prior written consent of the LESSOR.
The LESSEE shall not tamper with or disable any safety or security features of the vehicle.
The LESSEE shall not engage in any illegal or prohibited activities while using the vehicle.
The LESSEE shall not use the vehicle for commercial purposes or for the transportation of passengers or goods for hire.
The LESSEE shall return the vehicle to the agreed-upon location and within the agreed-upon time as specified in the rental agreement. If the LESSEE fails to return the vehicle as agreed, the LESSOR may charge additional fees and penalties.
The LESSEE shall pay all rental fees, additional charges, and other amounts owed to the LESSOR in accordance with the terms of the rental agreement.
The LESSEE shall comply with all other terms and conditions of the rental agreement.
The LESSEE shall indemnify and hold harmless the LESSOR from and against any and all claims, liabilities, losses, damages, costs, and expenses, including but not limited to legal fees and court costs, arising out of or in connection with the LESSEE's use of the vehicle or any breach of the rental agreement by the LESSEE.
The LESSEE shall be solely responsible for any and all accidents, injuries, or damages caused by the LESSEE's use of the vehicle, and the LESSEE shall be solely liable for any claims or lawsuits filed against the LESSOR as a result of such accidents, injuries, or damages.
The LESSEE shall not hold the LESSOR responsible for any accidents, injuries, or damages that occur during the rental period, and the LESSEE shall not make any claims or demands against the LESSOR in connection with any such accidents, injuries, or damages.
Article 6 - LIABILITY OF THE LESSOR
- The LANDLORD may use and transfer the TENANT's personal data, collected in connection with this lease agreement or any related agreement or service, for the following purposes:
a) Processing the TENANT's Personal Data to manage the lease relationship and commercial relationship, communicate with the TENANT, or provide support related to the lease agreement. The LANDLORD processes the TENANT's Personal Data for this purpose based on (i) the contractual obligation or (ii) its legitimate interests in ensuring the effective provision of requested services, subject to the overriding rights of the TENANT and any additional authorized drivers, unless they relate to the protection of personal data.
b) Providing details of accidents involving the TENANT or any additional authorized drivers, including the TENANT's Personal Data, to relevant insurance databases. The LANDLORD processes the TENANT's Personal Data for this purpose when it is necessary for the creation, enforcement, or defense of legal claims.
c) Providing the TENANT's Personal Data to state agencies responsible for monitoring traffic regulations to assist in the enforcement of any traffic regulations during the lease. The LANDLORD processes the TENANT's Personal Data for this purpose when required to ensure compliance with applicable legal obligations.
d) The LANDLORD may obtain the TENANT's Personal Data for the purpose of reporting to relevant tax authorities or authorities, debt collection agents, credit institutions, and other relevant institutions, (i) as required by the contract; (ii) to comply with a legal obligation; and/or (iii) within the scope of the LANDLORD's legitimate interest in collecting its receivables.
TENANT's rights, limited to those recognized by applicable laws, include: (i) the right to access their personal data; (ii) the right to request the correction of their personal data; (iii) the right to request the erasure of their personal data when the LANDLORD's legitimate interests in processing personal data no longer exist; (iv) the right to request the restriction of their personal data; (v) the right to object to the processing of their personal data in certain circumstances; and (vi) the right to lodge a complaint with the relevant supervisory authority.
If the TENANT has any questions regarding the use of their Personal Data as described above, they must first contact the LANDLORD.
Article 7 - OTHER PROVISIONS:
In case of any changes in the business names or addresses of the Parties, such changes shall be notified to the other party within 3 days. If not notified, communications sent to the addresses specified in the contract shall be deemed to have been made to the Parties.
The Parties acknowledge that any and all commercial and professional information belonging to the other party, arising from this contract, is confidential and agree not to disclose such information to third parties. This confidentiality commitment shall remain valid even if this contract is terminated or canceled.
This lease agreement, consisting of the above-written articles, has been prepared in two copies and signed and put into effect by the Parties on .../.../2..…
LANDLORD TENANT
Attachment 1
If the rental car service provided includes coverage under a comprehensive insurance policy, the following rules apply to the provisions specified in the rental agreement. Terms and conditions other than those specified in the following articles will be evaluated within the scope of the TENANT's individual comprehensive insurance general terms and exceptions.
Article 1 - GENERAL CONDITIONS
For usage exceeding the guaranteed time specified in the reservation form, additional fees for extended usage periods, unpaid fuel expenses, other insurance expenses not covered by the comprehensive insurance provided by the rental car company (such as individual accident insurance, life insurance, additional driver insurance, etc.), driver expenses, traffic fines, OGS (Automatic Pass System) violations, and any inappropriate expenses such as being outside the scope of the comprehensive insurance, will be charged to the insured's credit card without prior notice to the assistance company and the TENANT. The assistance company requires that all vehicles provided be covered by a Comprehensive Rent A Car insurance policy without deductibles. The LANDLORD accepts and undertakes that if there is no Comprehensive Rent A Car insurance policy without deductibles, they will cover the damages that the insurance company does not cover. In the event of one-sided accidents where the lessee cannot obtain a report, the procedure will be carried out by declaration.
Limitations such as the minimum age for a driver's license specified in the rental car company's own contracts, additional driver fees, etc. cannot be applied to customers directed by the Company. In substitute files, additional usage fees cannot be requested and collected from Users. However, the driver's license, identity, and credit card information of the 2nd or 3rd Users designated must be requested.
If the vehicle is not at fault for any reason, and it is seized or confiscated by the competent authorities, all expenses related to any measures taken to retrieve it will be borne by the LANDLORD.
All guarantees are valid for the period specified in the rental agreement. If the LANDLORD and the TENANT have not agreed on an extension, the LANDLORD denies any responsibility for all damages caused by the TENANT and only the TENANT is responsible.
Article 2 - PAYMENT
The rental car service provided is covered by the relevant comprehensive insurance policy within the scope of assistance, and no payment will be received from the TENANT during the rental period (days) specified on the contract, as determined by the authorized units of the call center. By making a pre-authorization inquiry on the TENANT's credit card by the car rental company, a certain amount will be blocked. When the rented vehicle is returned by the TENANT, this blocked amount will be automatically released by the bank within 10 to 30 days. However, for possible fuel, extension of the rental period (if the rental period is extended beyond the agreed rental period), or traffic fines, OGS, bridge tolls, and similar penalties that may occur later due to the TENANT's faulty behavior, it may be collected from the credit card number specified in the credit card guarantee certificate, as security, with the knowledge and consent of the assistance company and the TENANT, subject to proof and only if services have been received between the dates specified in the contract.
All expenses related to the use of the rental vehicles, such as bridge tolls, highway tolls, and OGS device usage, belong to the TENANT, and the TENANT is responsible for any damage that the LANDLORD may incur in relation to the specified matters. (If such expenses arise after the termination of the contract, the TENANT is still responsible.) The TENANT may, with the written approval of the LANDLORD, obtain an OGS (Automatic Pass System) device in their own name during the rental period, provided that all debts and penalties are paid, or the device is transferred to their name or canceled before the end of the contract.
Attachment - 2
Class | Minimum Year of Driving License | Minimum Driver Age | Minimum Young Driver Age | Minimum Young Driver License Years |
---|---|---|---|---|
Economic | 2 | 23 | 22 | 1 |
Middle | 3 | 23 | 22 | 2 |
Upper | 4 | 27 | 26 | 3 |