TR
CAR RENTAL AGREEMENT TERMS AND CONDITIONS
The party who gives the vehicle specified in this agreement for rental shall be referred to as the “Lessor”, and the party who uses it in return for rental shall be referred to as the “Lessee”.
GENERAL CONDITIONS
1. The Lessor has given the vehicle in its ownership to the Lessee for the period predetermined, on condition that the conditions stated below are complied with. The Lessee has accepted to return it at the same place, in the same manner, on the day and time written in this agreement. The rental period may be extended by giving notice at least 24 hours in advance, obtaining the consent of the Lessor, and adding the necessary amount to the rental deposit.
2. The Lessee accepts and undertakes that the vehicle shall not be used in the following cases. In the transportation of all kinds of goods whose carriage is considered a crime under the laws of the Republic of Türkiye and in other unlawful acts,
A. In towing or pushing another vehicle or trailer
B. In races, speed and speed determination, rally, trials, motor sports
C. On roads closed to normal traffic and unsuitable
D. In carrying passengers exceeding the number determined by traffic rules and in carrying, in any manner whatsoever, loads other than luggage and explosive and flammable materials
E. Under the influence of alcohol and narcotic substances
F. In the carriage of passengers and goods in return for consideration, regardless of the form of payment
3. At the time the agreement is drawn up, the Lessee must have completed the age of 21 and must present a valid driving licence of at least two years.
4. The Lessee may not have the vehicle used by third persons without the approval of the Lessor. In this case, the Lessee is obliged to have the identity, address and driving licence information of the third person who will use the vehicle recorded in the agreement and to ensure that the person to whom the authority to use the rented vehicle is granted fully complies with all conditions of this contract. The persons using the vehicle shall be jointly and severally liable together with the Lessee even if they do not have signatures in the contract.
5. The Lessee declares the correctness of the residence address stated in this agreement and undertakes to notify the Lessor immediately in writing of any change at this address, otherwise, all administrative and legal notifications to be made to the address written in the agreement shall be deemed valid and no objection shall be made regarding notification.
6. The Lessee is obliged, when not in motion, to park the vehicle in a safe place, in a closed and locked manner, in a way that ensures its security and in accordance with traffic rules.
7. The Lessee is obliged, if the official documents of the vehicle (Traffic document, Registration document, Insurance, Plates) are not returned at the time of delivery to the Lessor, to pay the rental for the period until they are obtained, and in case of loss, to pay the expenses to be incurred for obtaining new ones.
8. In the event that the vehicle is confiscated or seized by authorised authorities due to any incident, whether the Lessee is at fault or not, the cost of all expenses related to the attempts to recover it shall be paid by the Lessee to the Lessor in cash and in one lump sum.
9. Traffic fines and the damages that may occur during the towing of the vehicle by traffic authorities belong to the Lessee, and in the event that the vehicle is detained by traffic authorities, this period shall be included in the rental period.
10. The Lessee has released the Lessor in advance from any liability arising from the loss or damage of any property left in the vehicle after returning it to the Lessor, including the expenses related thereto.
11. Since the Lessor does not manufacture the vehicle, the Lessor cannot be held responsible for any accident, any loss and injury that may occur due to mechanical or manufacturing defects of the vehicle and its spare parts.
12. Vehicles may not be taken abroad without the written permission of the Lessor.
13. The Lessee may not, in any way whatsoever, assign, transfer or pledge the rights arising from this agreement and the equipment and devices inside the vehicle. The Lessee may not use them in a manner that will cause damage to the Lessor.
14. In all cases, the Lessee and the Lessor are obliged to provide each other with the necessary facilities in the pursuit of their compensation rights against third parties, to grant each other powers of attorney in proportion to their rights and to assign their litigation rights, and judicial expenses shall be shared within this proportion.
15. The Lessee consents in advance that the personal information stated in the rental contract shall be stored in the personal file of the Lessor, and also, in cases contrary to the contract such as the rent not being paid on time and the vehicle not being delivered on time, to the recording of their name in the warning list.
16. The Lessor, in the event that the Lessee does not comply with any of the specified conditions, may immediately take back the vehicle without the need to resort to penal remedies and without the need to obtain precautionary or judicial decisions, and may, if desired, record the prepaid rental fee as revenue.
17. The Lessor may terminate the agreement at any time without being obliged to show any reason and to pay compensation, and may also refrain from extending it.
18. Fuel cost belongs to the Lessee.
19. MAINTENANCE
The Lessee is obliged, during the rental period, to check the oil, water and tyre pressures of the vehicle. The Lessee shall have the periodic maintenance of the vehicle, such as oil change and similar, carried out free of charge by applying to the nearest office of the Lessor. In cases where this is not possible, maintenance shall be carried out at an authorised service station, and the expenses shall be reimbursed to the Lessee against an invoice issued in the name of the Lessor.
20. REPAIRS
Repairs, spare parts and tyre replacement expenses resulting from normal use and wear belong to the Lessor. Repairs, parts and tyre expenses arising from use other than normal use, negligence and improper use (such as operation without oil, without water, freezing, tyre bursting) and the transportation expenses incurred to bring the vehicle to the place where it was rented in a non operational condition and the loss of use fee of the vehicle calculated over the applicable tariff belong to the Lessee. Emergency repairs that may be required shall be carried out by informing the nearest office of the Lessor and obtaining approval, and the expenses shall be reimbursed to the Lessee against an invoice issued in the name of the Lessor.
21. Any addition or amendment to these conditions shall be null and void unless agreed in writing between the parties.
22. Disputes between the Lessee and the Lessor shall be resolved in the Courts and Enforcement Offices of Antalya in accordance with the laws of the Republic of Türkiye.
23. PAYMENT
The Lessee agrees to pay the rental fee according to the valid tariff, the cost of optional items accepted by signature, the charges that may arise at the end of the rental, and the taxes applied by law. At the time the agreement is drawn up, a deposit is taken based on the approximate rental amount according to the tariff valid at that date. This deposit shall be liquidated according to the final account to be determined at the end of the rental. The Lessee may not set off against the debts that will accrue under this agreement. Payments shall be made in cash and in one lump sum. In case of delay, the Lessee accepts and undertakes, without objection, to pay interest applied to time deposits annually over the unpaid amount. One day of rental is calculated as 24 hours, and weekly and monthly rental periods are calculated over 7 and 30 days. Delays exceeding 3 hours shall be calculated as a full day.
24. INSURANCE
A) The rented vehicles are insured with Compulsory Financial Liability Insurance within the limits of the legal policy against third parties who suffer damage pursuant to the Highway Traffic Law. The Lessor undertakes the liability arising from accidents that cause damage to third parties for each vehicle, on condition that it remains within the limits of the Compulsory Financial Liability Insurance coverage, in the amount of compensation to be obtained from the insurance company. The liability exceeding these limits and the moral compensation claims of the persons involved in the accident and their relatives belong to the Lessee, and the Lessor reserves the right of recourse against the Lessee.
B) The Lessee is responsible without objection for the damages arising from the operation of the rented vehicle or from any accident, for the transportation expenses incurred to bring the vehicle to the place where it was rented, and for the loss of use fee during the repair period.
C) However, the Lessee who accepts to pay the damage waiver premium determined at the beginning of the rental shall be released from these liabilities if the conditions specified below are fulfilled.
a) The Lessee and the authorised driver, if there is no obstructive condition determined by a doctor’s report, shall take the necessary safety measures at the accident site, shall not intervene with the damaged vehicle in any manner whatsoever, shall determine the names and addresses of the relevant persons and witnesses, and shall immediately notify the Lessor and the nearest authorities of the accident.
b) Since the determination of responsibility and fault belongs to the authorised authorities, they shall only explain the manner of occurrence of the incident in their statement and shall not accept fault and responsibility in advance.
c) The Lessee shall deliver to the Lessor, within a maximum of 48 hours, the Traffic Accident Report obtained from the nearest authorised authority Traffic Police or Gendarmerie, the alcohol report, and the names and addresses of witnesses.
d) In case of theft, the Lessee shall immediately notify the nearest police or gendarmerie station and the Lessor.
EXCLUSIONS FROM COVER
1. Cases where accident and alcohol reports are not available
2. Cases where the accident occurs under the control of a driver not named in the agreement
3. Cases where the driver is under the influence of alcohol or narcotic substances
4. Cases where the driver does not have a valid driving licence
5. Accidents arising from violation of traffic rules and excessive speed
6. Cases where the driver is 100% at fault
7. Accidents and damages occurring outside the rental period specified in the agreement
8. Accidents and damages occurring during the towing pushing or transporting of another vehicle or object
9. Accidents and damages occurring during the use of the vehicle in races speed determination rally trials motor sports or on roads closed to normal traffic or unsuitable
10. Accidents and damages occurring while carrying passengers exceeding the number determined by traffic rules and carrying loads other than luggage including explosive and flammable materials
11. Burns occurring due to cigarette and similar flammable materials without an open flame fire
12. Burns and stains occurring on the upholstery of the vehicle
13. Tyre damages arising from improper use are excluded from cover and in such cases all damages shall be borne entirely by the Lessee
14. In cases where the Lessor cannot benefit partially or fully from insurance compensation due to acts and omissions not attributable to itself the Lessor reserves the right of recourse against the Lessee for the loss it cannot recover and for the loss of use compensation