1-PARTIES
On the one hand, the central address is Güzelyurt Mahallesi 26089.Sk. No:2/B Aksu/Antalya , on the other hand, the signatory of this agreement natural or legal person This Motor Land Transport Vehicle The Rental Agreement is signed together with the Rental Conditions.
2- DEFINITIONS
LESSOR: Repeat Otomotiv Araç Kiralama İnşaat Turizm Ticaret Limited Şirketi
TENANT: The real or legal person who signed these general conditions and the lease agreement,
USER/DRIVER: The driver specified as the person who will use the vehicle in the rental agreement/vehicle delivery form,
VEHICLE: The motor land transport vehicle whose brand, model, license plate and other features are specified in the rental agreement and vehicle delivery form and which is leased to be used by the LESSEE during the rental period,
GENERAL CONDITIONS: General Conditions of this Motor Land Transport Vehicle Rental Agreement,
RENTAL AGREEMENT: Motor Land Transport Vehicle Rental Agreement, which regulates the group, brand, model, license plate, other features and rental period, rental price, additional product, assurance/insurance and other issues of the leased vehicle.
VEHICLE DELIVERY FORM: The form stating that the leased vehicle has been delivered to the LESSEE, its condition during delivery and other issues, and the condition of the vehicle during its return to the LESSEE and other issues,
DAILY RENTAL AMOUNT: The rental amount to be paid by the LESSEE for a maximum rental period of 24 hours, excluding all other fees and expenses,
MONTHLY RENTAL AMOUNT: Refers to the rental amount to be paid by the LESSEE for a maximum rental period of 30 days, excluding all other fees and expenses.
3- SUBJECT
The subject of these General Conditions is the determination of the rental conditions of the vehicle leased to be used by the LESSEE with the rental agreement, the form and conditions of payment of the rent and other fees determined in return by the LESSEE, and the mutual rights and obligations of the parties.
4-USE OF THE VEHICLE
4.1.With the rental agreement, the vehicle is leased to the LESSEE during the rental period, and the LESSEE declares and undertakes to use the vehicle in accordance with the rental agreement, vehicle delivery form and the matters specified in these general conditions, to pay the rental fee and the fees/charges specified in the rental agreement, vehicle delivery form and these general conditions, and to accept all the matters specified in the rental agreement, vehicle delivery form and these general conditions.
4.2.The vehicle has been delivered to the LESSEE by the LESSEE together with all tires, documents belonging to the vehicle, accessories, equipment and tools, and with periodic maintenance complete and complete, with the vehicle delivery form. The LESSEE accepts that the vehicle has been received in good condition and in good condition in terms of bodywork and mechanics, except for those specified in the vehicle delivery form, and that there are no signs of accident or damage to the vehicle.
4.3.The LESSEE accepts and undertakes to comply with the matters written in the vehicle user manual prepared by the vehicle manufacturer, to show the necessary care and attention in the use of the vehicle and to ensure that the vehicle is in good condition.
4.4. The LESSEE accepts and undertakes to use the vehicle within the territory of the Republic of Turkey in accordance with the Highway Traffic Law and all relevant legal provisions, not to take it out of the territory of the Republic of Turkey without the written consent of the LESSEE, that no assurance and guarantee will be valid in case of taking the vehicle out of the Republic of Turkey without permission, and that in this case, it will bear all costs, including return costs. In addition, the LESSEE shall not use the vehicle in the ways described below, including but not limited to those listed, otherwise he/she shall be liable for the penalties and all kinds of expenses incurred:
a) In the transportation of substances contrary to customs legislation and other laws,
b) In illegal works,
c) Any vehicle, etc. pushing or pulling,
d) For the transportation of passengers or goods for commercial purposes,
e) In the transportation of personal cargo/goods that will damage the vehicle and exceed the loading limit,
f) If it is used by a driver who has consumed alcohol or drugs or is unlicensed or is not specified as a driver or additional driver in the rental agreement,
g) In motor sports (but not limited to racing, rallying, speed trials, etc.),
h) Places and conditions that are not suitable for the brand and model of the vehicle (sand or mountainous terrain, stream bed, swamp, etc.) and places and roads that are not suitable for the technical structure and endurance of the vehicle,
i) In unusual and unsuitable road conditions,
j) Off-highway or on non-scheduled ferries,
k) In animal transportation.
4.5. The vehicle will be used by the driver and/or additional driver/s who have met the qualification in terms of the valid driver's license and age limit to be specified according to the vehicle group in the rental agreement and vehicle delivery form. The LESSEE is obliged to ensure that the additional driver(s) specified in the rental agreement and vehicle delivery form fully and completely comply with the rental agreement, vehicle delivery form and general conditions. In addition, the LESSEE is jointly and severally liable for any damages and damages that may occur due to the use of the vehicle, together with the driver and the additional driver/s. The LESSEE is obliged to provide the vehicle based on the LESSEE's declaration that it meets the necessary conditions in case of signing this agreement; the responsibility for determining and controlling the possession of the said qualifications belongs to the LESSEE.
4.6. The LESSEE agrees and undertakes not to make any changes to the vehicle without the written consent of the LESSEE. Otherwise, the LESSEE is responsible for the restoration costs and damages incurred by the vehicle. The LESSEE will not be able to claim any rights from any value that will be removed from the vehicle or that may arise during the repossession.
4.7. The LESSEE shall not be liable for all kinds of mechanical and electrical system damages caused by usage errors and/or carelessness, imprudence, etc. (including but not limited to the following, using the handbrake on, incorrect gear shifting, hitting the bottom of the vehicle, continuing to use the vehicle despite the warning light being on, damages to parts such as tires and rims, fuel-related damages and malfunctions, clutch set replacement, etc.), accepts and undertakes to pay all damages and losses, including rent losses and all expenses that may be claimed by third parties.
4.8. All fuel, parking, HGS, ogs, highway, bridge, etc. tolls and traffic fines, interest and accessories of the vehicle belong to the LESSEE and will be paid by the LESSEE. Even if the lease period expires, the LESSEE is responsible for any penalties issued during the lease period. Even if the penalty receipt is written only on the license plate number without name and signature, the LESSEE agrees to pay the current penalty.
The penalty receipts received by the LESSEE regarding the toll and parking fees and traffic fines such as ogs, hgs, highway, bridge, etc. to be issued to the vehicle during the rental period shall be paid by the LESSEE and the amount paid, delay interest and accessories, if any, as well as the service fee shall be added to the toll, parking and/or penalty fee and collected from the LESSEE. Even if the lease agreement and these general conditions have expired, the LESSEE is responsible for these amounts. The LESSEE may not request the LESSEE to object to the toll expenses and traffic fines such as ogs, hgs, highways, bridges, etc., avoid paying the penalty amounts due to the failure to object to the LESSEE, and may not make any demands from the LESSEE in this regard. In addition, the LESSEE is authorized to collect the tolls, traffic fines, interest and accessories and service fees such as parking, ogs, hgs, highway, bridge, etc. by deducting them from the LESSEE's credit card and/or guarantee without waiting for the end of the rental period and without the need for any permission or notification. This authority of the LESSEE is not limited to the duration of the contract, and the LESSEE accepts this authority of the LESSEE in advance.
4.9. The LESSEE shall pay the security deposit to be determined by the LESSEE in the Rental Agreement according to the vehicle group, (provided that it does not mean a limitation of the amount of damage/damage to be caused by the LESSEE and without prejudice to the right to collect the damage/loss costs exceeding this amount) to be determined by the LESSEE in the Rental Agreement according to the vehicle group, as a guarantee for the damages that may arise on the vehicles and other receivables and other rights of the LESSEE arising from the contract, to the LESSEE before the delivery of the vehicle, by credit card or blocked will ensure that it is placed. This security deposit will be returned to the same account if it has been collected from the credit card, and if the blockage has been applied, it will be lifted within 28 days from the date of return of the vehicle, if the vehicle is delivered to the LESSOR at the delivery place specified in the rental agreement and on time, and if the LESSEE does not have any debt. The LESSEE is not responsible for any delays caused by the bank regarding the return of the collateral/unblocking. In the event that the vehicles are not delivered completely and smoothly on time or if the LESSEE has rental and/or other debts, the security deposit will be offset against these receivables without the need for any notice, judgment or permission of the LESSEE, and the damages and receivables exceeding the guarantee amount will be collected from the LESSEE separately. The LESSEE is authorized to collect the damages and receivables exceeding this guarantee amount by deducting them from the LESSEE's credit card without the need for any permission, judgment or notification.
4.10. All debts and obligations related to the "Vehicle Operator Liability" in the capacity of "operator" defined in the laws in relation to the vehicle belong to the LESSEE, and the LESSEE is solely responsible for all material and moral damages that the vehicles may cause to third parties and/or motor vehicles and/or the environment. For this reason, the LESSEE shall compensate all damages that the LESSEE may have to pay. Even if the Lease Agreement and General Conditions are terminated, the LESSEE will continue to be liable for any damages incurred during the lease period.
4.11. The LESSEE accepts, declares and undertakes that the LESSEE does not need to provide a guarantee in the event that a request for interim attachment or precautionary injunction etc. is made against the LESSEE due to its failure to pay the rent and/or other debts arising from the lease agreement and general conditions.
4.12. After the vehicle is delivered to the LESSEE, if the LESSEE and/or any 3rd party violates the law with the vehicle or the vehicle is involved in any crime or for any reason for which the LESSEE is responsible, if the official authorities impose measures on the vehicle registration and/or deliver the vehicle to the trustee and/or the LESSEE, the rental agreement and general conditions shall not be subject to any notice, It is automatically terminated without the need for warning or judgment. In this case, the LESSEE accepts and undertakes that the LESSEE shall immediately pay the rental fees to be calculated over the highest daily rental price of that vehicle to be incurred during the duration of the measure, together with all direct and/or indirect damages incurred by the LESSEE, if any, including but not limited to tow trucks, transportation, parking, delivery, penalties, taxes, fees and all other damages, if any, in cash and in full, without raising any objection. In addition, in the event that the vehicle is seized/confiscated by the official authorities for these reasons, the LESSEE is obliged to immediately pay the current value of the vehicle on the date of seizure/confiscation to the LESSEE. In the event that the vehicle cannot be sold due to the measures imposed on the vehicle by the official authorities, the LESSEE is responsible for the guarantee, bank letter of guarantee or cash blockage costs and all other expenses that must be given to the official authorities for the purpose of lifting the measure.
4.13. The LESSEE is obliged to use the vehicle in accordance with the mileage limitation specified in the rental agreement and/or vehicle delivery form according to the vehicle group. In case the mileage limit specified in the rental agreement and/or vehicle delivery form is exceeded, the LESSEE accepts, declares and undertakes to pay the mileage excess fee specified in the rental agreement and the vehicle delivery form.
4.14.The LESSEE is obliged to return the fuel in the tank of the vehicle at the time of rental as it was received. In the event that the LESSEE returns the vehicle with excess fuel, the LESSEE has no right to pay any fee or demand a refund, deduction, etc. from the LESSEE. In the event that the LESSEE delivers the fuel incompletely, the missing fuel cost to be charged to the LESSEE shall be calculated and the amount of the loss incurred shall be invoiced to the LESSEE in full by adding the service fee. In this case, the LESSEE is obliged to pay the missing fuel cost, service fee and related VAT amounts to the LESSEE immediately. Even if the damage is detected after the vehicle is returned, the LESSEE is responsible for the damage that may occur due to this reason. The LESSEE is authorized to collect this loss amount and the fuel purchase service fee from the LESSEE's credit card without the need for any permission, notification or provision.
4.15. The LESSOR may unilaterally terminate this lease agreement if it deems necessary. In this case, the LESSEE is obliged to return the vehicle to the LESSEE immediately. In the event that this refund is not made immediately, the LESSEE shall take legal action in line with the unauthorized use of the vehicle and demand from the LESSEE the legal follow-up and attorney's fees to be incurred in addition to the rental amount and penalty costs to be calculated over the highest daily rental fee in its system as of the date of termination. The LESSEE shall pay these fees to the LESSEE at the first request without any objection.
4.16. The LESSEE leases the vehicle in question for the personal/legal use of the LESSEE. This agreement does not give the LESSEE any rights over the vehicle. The LESSEE does not have the right to re-lease the rented vehicle. In case this situation is detected, the LESSEE will have the right to unilaterally terminate the contract immediately, as well as the right to collect all guarantees and guarantees.
5. REMUNERATION AND PAYMENT
5.1.The LESSEE is obliged to pay all the fees specified in writing in the rental agreement, general conditions and vehicle delivery form, as well as the fees related to the following services, including but not limited to those listed:
a) The rental fee calculated over the number of days rented,
b) The fees for the additional products and additional services requested for the rented vehicle,
c) Requested for the rented vehicle; additional assurance and insurance/motor insurance fees,
d) Additional rental fee, one-way fee and legally applied taxes, mileage excess fee, damage/loss compensation fees, service fees, parking, hgs, ogs, highway, bridge tolls, traffic fine amounts, and all costs that may arise from this rental.
5.2.The LESSEE will make the payments as specified in the lease agreement. If the lease period is 1 month or less than 1 month, the Lessor may request the payment of the rent in advance. For leases with a lease period exceeding 1 month, the request for advance payment can only be made for monthly rental periods, or it can be applied in the form of payment of the entire amount in advance. In the event that it is easy to pay the rent in monthly periods, the rent for the first month can be collected in cash according to the above provision and the rent for the following months can be collected in advance monthly at the beginning of each following month. In addition, the LESSEE agrees that in the event that the rental price, other fees within the scope of the rental agreement and general conditions and the vehicle delivery form and legal payments are not paid in full and in full on time, all amounts will be due from the invoice date without the need for any warning or notice, and that all of the due receivables will be paid together with the default interest to be accrued at the rate of twice the advance interest rate of the Central Bank of the Republic of Turkey from the invoice date, declares and undertakes. In case the fees are not paid on time, the LESSEE reserves the right to unilaterally terminate the lease agreement and general conditions. In this case, the LESSEE also has the right to claim the rewards and services or the price of the awards and services deserved by taking advantage of the campaign etc.
5.3.The LESSEE irrevocably accepts that all other fees arising from this rental agreement, general conditions and vehicle delivery form, including but not limited to the above-mentioned fees, are collected from the credit card specified in the rental agreement/vehicle delivery form without the need for any permission, provision or notification, without being limited to the duration of the contract. Even if this Agreement is terminated or terminated for any reason, this clause 5.3 shall remain in force indefinitely.
6. INSURANCE AND LIABILITY
6.1.All responsibilities and liabilities that may occur to the LESSEE, including material damages, treatment expenses and all kinds of damages of other nature, as well as material and moral damages, loss of value and loss of earnings, which are outside the scope and/or limits of the Compulsory Financial Liability Liability Insurance of the vehicle rented to the LESSEE and which are outside the scope and/or limits of the Compulsory Financial Liability Liability Insurance of the vehicle made by the LESSOR, belongs to the LESSEE.
6.2.The LESSEE, at the time of signing the lease agreement; If it wishes to provide protection with Additional Assurances/insurances, it is obliged to pay the premium fees to be requested by the LESSEE in advance in addition to the rental price.
In the event that any or all of the Additional Assurances/insurances are requested by the LESSEE and the premium amounts have been paid in advance, the "General Conditions of Comprehensive Insurance for Land Vehicles" (hereinafter referred to as the "general conditions of motor insurance") published by the Association of Insurance, Reinsurance and Pension Companies of Turkey in force on the date of the damage/event shall be deemed valid in relation to these assurance(s). Since the damage repair assurance and vehicle theft insurance limit are within the limits determined in the general conditions of motor insurance valid as of the damage event/date, provided that they do not exceed the current value of the vehicle on the date of the damage/event; The LESSEE is responsible for all damages and material and moral damages, loss of value, loss of earnings, etc. that may arise against the rented vehicle, other motor land transport vehicles, persons in the vehicle and other third parties, which are outside the scope or limits of the aforementioned general conditions. With the declaration, damage repair and vehicle theft insurance coverage cannot be used. The LESSEE shall be liable for any possible damages that may arise against other motor land transport vehicles, the driver, the persons occupants of the vehicle and third parties due to accident/s involving the rented vehicle and other reasons, which are outside the scope and limits of the insurance policies for which the premium has been paid. The LESSEE cannot claim to benefit from the insurance policies for which the premium price has not been paid in full, completely and in advance, and to benefit from the coverage of these policies. In addition, the LESSEE agrees to cover the damage/loss liability and related compensation, damages and expenses without objection in case of damage to itself, the vehicle and/or its driver, the persons in the vehicle and/or other third parties and/or other vehicles under the conditions specified below, even if the LESSEE has paid the premium fees by requesting Additional Assurances/insurances.
a) In cases where it is determined that he was under the influence of alcohol and/or drugs at the time of the accident,
b) In cases where a traffic accident report is not issued or an alcohol report is not obtained,
c) In the event that the traffic accident report, alcohol report, photocopies of the license of the vehicles involved in the accident, photocopies of the traffic insurance policy, photocopies of the driver's licenses, eyewitness report, statements and other documents requested by the LESSEE are not / cannot be submitted to the LESSOR in full and completely within 24 hours at the latest from the date of the accident/incident,
d) In case of using a vehicle contrary to traffic laws and/or the issues listed in Article 4.4, in intentional accidents,
e) In case of accidents and/or damages that occur as a result of the use of the vehicle by persons other than the LESSEE and the driver(s) designated as additional drivers in the rental agreement,
f) In cases where damage and loss amounts are not paid for any reason in accordance with the general conditions of the Association of Insurance, Reinsurance and Pension Companies of Turkey Compulsory Financial Liability Insurance, Voluntary Financial Liability Insurance, Personal Accident Insurance, Increased Financial Liability Insurance and/or insurance/motor insurance policies, and/or in cases where insurance companies do not pay for any reason and/or are outside the scope and limit of assurance/insurance
g) In cases where the car rental fee is not paid or defaulted.
In order for the LESSEE to benefit from the aforementioned assurances and insurances, the LESSEE must submit the documents specified in subparagraph (c) to the LESSEE in full. Otherwise, these assurances and insurances cannot be used, and the LESSEE is also authorized to demand and collect the rental fees for the period until the date of full and complete submission of these documents.
6.3.The LESSEE and the additional driver(s) are obliged to fulfill the following measures in case of an accident:
a) To inform the LESSEE immediately,
b) To apply to the nearest Police or Gendarmerie station without moving the vehicle and to obtain an accident, damage, theft, loss report and an alcohol report,
c) If possible, to take photos of the vehicle at the accident site,
d) To obtain the names and addresses of the relevant persons and witnesses,
e) Not accepting responsibility for non-existent fault,
f) In case of double-sided accidents, to obtain a photocopy of the parties' driver's license, license and traffic insurance policies, and if this is not possible, to obtain information such as driver's license number, province information, title of the insurance company where the traffic insurance policy is issued, and policy numbers, etc.,
g) Not leaving the vehicle without taking adequate safety precautions,
h) To deliver the accident notification and related minutes and reports to the LESSEE within 24 hours at the latest from the date of the accident/incident,
i) In the event of an accident resulting in material, fatal and/or bodily harm, to immediately report the situation to the nearest police or gendarmerie officers and/or relevant official authorities,
6.4.In the event that the LESSEE does not pay the premium amounts in full, completely and in advance by requesting the above-mentioned assurances and insurances, the LESSEE shall be liable for any damages, damages, compensations, loss of value and loss of earnings arising and/or to be caused by accidents involving the leased motor land transport vehicle and other reasons against the leased vehicle, the driver, the persons in the vehicle, other motor land transport vehicles, third parties, The LESSEE is obliged to pay these fees.
6.5.In the event of an accident, the LESSEE shall block an amount of security deposit against the amount of damage and compensation (provided that it does not mean that the amount of damage and compensation to be given by the LESSEE is limited and without prejudice to the right to collect the damages and compensation amounts exceeding this amount) from the LESSEE's credit card without the need for any permission or notification. The LESSEE is authorized to collect the rental fee, damage, loss, compensation and all other receivables by deducting them from the guarantee amount without the need for any permission, notice or judgment, and the LESSEE accepts in advance that he/she will not object to this issue.
6.6. .In case of any theft, the LESSEE must prove that he/she has taken the necessary precautions by returning the vehicle's license and keys, and must make the necessary application to the security authorities regarding the theft and submit the official report regarding this. In the event that the vehicle or any part of the vehicle is stolen while it is rented, all necessary reports shall be obtained by the LESSEE and submitted to the LESSEE. If the reports are not submitted by the LESSEE within 3 days at the latest from the date of the incident or are not within the scope of the general conditions of motor insurance of the Association of Insurance, Reinsurance and Pension Companies of Turkey in force on the date of the incident (for example, leaving a key on the vehicle and/or delivering the vehicle to the parking/washing employees and/or abuse of security, etc.) or plagiarism that the insurance companies do not qualify as theft In such cases, the LESSEE shall immediately pay the current purchase prices of the vehicle or vehicle parts/equipment to the LESSEE. The LESSEE reserves the right to demand a rental fee from the LESSEE for the period until this payment. In addition, the LESSEE reserves the right to claim the damages incurred.
6.7.The LESSEE is responsible for the preservation of additional products such as snow chains, navigation, baby seats, etc., as well as the documents, tools, equipment and accessories belonging to the vehicle, which it receives together with the rental agreement and/or vehicle delivery form and specified in the rental agreement and/or vehicle delivery form. These products are not included in additional guarantees or additional services and in case of damage/damage, loss or theft, the current market value on the date of the event will be paid to the LESSEE in cash, in full and immediately.
6.8.The LESSEE shall not be held liable for the loss or damage or theft or theft of any goods carried or left in the vehicle by the LESSEE. For this reason, the LESSEE cannot claim rights and receivables from the LESSEE under any name.
6.9.The LESSEE is not the manufacturer of the vehicle and cannot be held responsible for any damages, losses and compensations that may occur due to the manufacturing defect of the vehicle or its spare parts.
6.10.In the event that the vehicle is used outside the rental period and/or by third parties other than the driver/additional drivers specified in the rental agreement, or by the driver and/or additional driver/s who do not comply with the age and/or license year limit, or in violation of the law or the rental agreement and general conditions, the above-mentioned guarantees and insurances are invalid even if the price/s have been paid by the LESSEE, The LESSEE cannot benefit from insurance, assurance and legal rights.
6.11.The LESSEE is not responsible for any damages that may occur due to the vehicle being out of service.
7. RETURN OF RENTED CARS
7.1.In the event that the LESSEE wishes to return the rented vehicle early, it is at the discretion of the LESSEE whether to refund the price or not. In the event that the reservation or rental fee has been paid in advance but the vehicle is not received on time, the amounts collected will not be refunded and the Renter will not be obliged to keep the vehicle that has not been picked up on time for the reservation/rental period for which the price has been paid in advance. If the vehicle that is not received on time is requested to be picked up at any time during the reservation period, the Renter's ability to meet this request depends on the current vehicle condition at that time and the Renter cannot be obliged to supply the vehicle.
7.2.The LESSEE shall return and deliver the vehicle, spare wheel, all tires, documents belonging to the vehicle, accessories, additional products and equipment and tools to the return address of the LESSEE specified in the rental agreement and/or vehicle delivery form, on the return day and time specified in the rental agreement and/or vehicle delivery form, in full and undamaged. In the lease agreement, delivery and return (return) are specified in the delivery form. If the LESSEE delivers the vehicles to an address other than the addresses to which the LESSEE is required to deliver them with the written consent of the LESSEE, the LESSEE shall pay the one-way fee to be determined by the LESSEE, The LESSEE/DRIVER is obliged to return the vehicle on the return date and to fail to sign the return/(return) delivery form
7.3.The LESSEE is obliged to deliver the vehicle, the documents of the vehicle, accessories, tools, additional products and equipment in an undamaged and complete manner as received. The LESSEE is responsible for any damage or damage that occurs outside of the ordinary use detected during the return of the vehicle, and the LESSEE is obliged to pay the amount to be determined by the LESSEE immediately. In addition, the LESSEE has the right to examine the damages and deficiencies in the vehicle in detail within 30 days from the date of delivery and to notify the LESSEE. The fact that a vehicle return form/report is issued during the return of the vehicle does not mean that the LESSEE has waived this right of control and notification. The LESSEE shall be responsible for any damage or damage to the vehicles that occur outside of ordinary use.
7.4.The LESSEE shall apply to the LESSEE for all extensions and obtain the written consent of the LESSEE. In the case of extensions made without written consent, it has been accepted by the parties that the LESSEE has unlawfully possessed the vehicle. In the event that the LESSEE fails to comply with any article of the rental agreement, the vehicle delivery form and these general conditions, especially if the LESSEE does not deliver or lease the vehicle at the time specified in the rental agreement and/or the vehicle delivery form, the LESSEE authorizes the LESSEE to immediately take back and seize the said vehicle wherever it is located without the need for prior warning, permission or judgment. The LESSEE accepts, declares and undertakes that he/she will not claim any rights from the LESSEE for this reason and that he/she waives all lawsuits, complaints and other rights. The LESSEE is obliged to pay the damages and expenses that may occur during the take-back/seizure of the vehicle by the LESSOR. The LESSEE is not responsible for the loss or damage of the objects or substances in the vehicle during the repossession/seizure of the vehicle. Even if the LESSOR has collected the rent for the delay period, it cannot be interpreted as the lease agreement being extended or becoming indefinite.
7.5. In addition, if the vehicle is not delivered on the return date and time, the LESSEE is obliged to pay 1 full day's fee for the first 1 hour or more delays and the highest daily rental fee for that vehicle for each day for delays of 24 hours or more. In this case, the LESSEE is also obliged to pay any damages that may arise from the disruption and deterioration of the LESSEE's reservation plan. In addition, this issue cannot be interpreted as the lease agreement being extended or becoming indefinite.
7.6 LESSEE/ DRIVER/ADDITIONAL DRIVERS are obliged to return the vehicle on the vehicle return date and sign the (Return) form. Otherwise, all damage costs, accident costs, traffic fines, work loss, HGS, OGS, assistant services, loss of earnings and all similar responsibilities continue.
8. RIGHT OF TERMINATION, TERMINATION OF THE CONTRACT AND PENAL CLAUSE
8.1.These general conditions and the rental agreement shall enter into force as of the date of signature and shall automatically terminate upon the return of the rented vehicle to the LESSEE in accordance with the provisions of the rental agreement, vehicle delivery form and general conditions, without the need for further notice. Even if the contract expires, the LESSOR is authorized to claim its rights arising from the rental agreement, general conditions and vehicle delivery form.
8.2.The LESSOR has the right to terminate the lease agreement and general conditions unilaterally and without compensation, without giving any reason, without the need for any notice, warning or judgment during the lease period, if it deems necessary.
8.3.In the event that the LESSEE fails to comply with any or all of its obligations and commitments in the rental agreement, general conditions and vehicle delivery form, in whole or in part, the LESSEE has the right to terminate the rental agreement and general conditions unilaterally and without compensation without the need for any notice, warning or provision.
8.4.The LESSEE abandons the trade, applies for concordat, initiates enforcement proceedings against the LESSEE in any way, has difficulty in payment, has applied for liquidation or bankruptcy, or has applied to the court with a request for postponement of bankruptcy, or fails to pay the rental fee or any of the LESSEE receivables arising from the rental agreement, general conditions, vehicle delivery form in full and in full on time, or the credit card whose information is included in the rental agreement is blocked. In the event that the credit card becomes unusable due to reasons such as reduction, reduction, cancellation, expiry of the credit card information of the same nature and limit is not immediately notified to the LESSOR in writing, or the vehicle is found abandoned anywhere (at the discretion of the LESSEE) or there is a suspicion of abuse of trust (at the discretion of the LESSOR), the rental agreement and general conditions shall not be subject to any notice, It is terminated automatically without the need for warning or judgment.
8.5.The LESSEE is obliged to deliver the vehicle to the LESSOR at the delivery point specified in the rental agreement and/or vehicle delivery form within 3 hours at the latest from the date of termination of the rental agreement and general conditions. If the LESSEE does not make the delivery, the LESSEE accepts the seizure and delivery of the vehicle by the LESSOR at its location without the need for any notice, warning or decision as irrevocable in advance. The LESSEE accepts, declares and undertakes that he/she will not claim any rights from the LESSEE due to the LESSOR's exercise of the right of seizure and that he/she waives all lawsuits, complaints and other rights.
8.6.The LESSEE accepts, declares and undertakes that all obligations and responsibilities of the LESSEE arising from the rental agreement, general conditions and vehicle delivery form will continue as they are, and that the LESSEE will be relieved of all obligations and responsibilities until the day the vehicle is delivered by the LESSEE or seized and received by the LESSEE.
8.7.Regardless of whether the vehicle is delivered by the LESSEE or seized and received by the LESSOR, the LESSEE accepts and undertakes to pay the entire rental fee until the end of the rental agreement, together with the delay fees specified in Article 7.5, the VAT to be incurred and the interest to be accrued at the rate of twice the advance interest rate of the Central Bank of the Republic of Turkey. In addition, the LESSEE may claim from the LESSEE any damages and damages and compensation for the profit that it will be deprived of.
9. TRANSFER, ASSIGNMENT, SUB-TENANT, IMPRISONMENT PROHIBITION
The LESSEE may not transfer or assign the lease agreement and general conditions to another person without the written consent of the LESSEE; cannot allocate the vehicle rented/delivered to him for the use of someone else, show it as collateral, rent it, use the right of imprisonment on it or make any other similar transactions. The vehicle cannot be taken abroad without the written consent of the LESSEE. In case of written approval, all costs and responsibilities for departures abroad will belong to the LESSEE. The LESSEE may transfer and/or assign the rental agreement, general conditions, vehicle delivery form and/or the rights, receivables and obligations arising therefrom to another person without the need to obtain the permission of the LESSEE.
10. CRIMINAL LIABILITY
The LESSEE undertakes to return the vehicle belonging to the LESSEE immediately at the end of the rental period or within 3 hours from the date of termination in case the rental agreement and general conditions are terminated for any reason. Even if the rental fee for the delay has been collected, the LESSEE declares that he/she knows that he/she will commit the crime of Abuse of Trust in accordance with Article 155 of the TCK.
11. EVIDENCE
The LESSEE accepts and undertakes that in case of any dispute, the books and records of the LESSEE will be taken as basis, that the books and records of the LESSEE are conclusive and absolute evidence within the meaning of Article 193 of the Code of Civil Procedure, and that the LESSEE will not object to the records of the LESSEE in any way.
12. PRIVACY POLICY
The LESSEE's sharing of information such as vehicle, brand, model, license plate, LESSEE, user, additional driver, credit card, etc. with 3rd parties and organizations from which it receives service cannot be considered as a violation of confidentiality. The LESSEE accepts this authority of the LESSEE in advance.
13. DISPUTE RESOLUTION
Turkish Law will be applied in the interpretation of these general conditions, the rental agreement and the vehicle delivery form and/or in all disputes that may arise due to the rental agreement and the vehicle delivery form and/or between the parties; Antalya Courts and Enforcement Offices are authorized to resolve disputes. In the event that the Turkish and foreign language versions of the general conditions, rental agreement, vehicle delivery form and annexes concluded/to be concluded in addition to these general conditions are prepared in the same document, the Turkish text will be taken as basis in the interpretation of these texts.
14. AMENDMENT
These general conditions, any changes or additions to the rental agreement and vehicle delivery form that are not made in writing with the mutual signature of the parties are not valid.
15. NOTIFICATION
The parties accept, declare and undertake that the addresses written in these general conditions and/or lease agreement and/or contract annexes and/or delivery documents are the legal notification addresses, and that the notifications to be made to these addresses will have all the legal consequences of the legally valid notification unless the change of address is notified to the other party in writing within 3 days.
16. STAMP TAX
Stamp duty arising from the rental agreement, vehicle delivery form and general conditions will be paid by the LESSEE.
17. SHALL NOT BE CONSIDERED A WAIVER
The LESSEE's failure or delay in exercising any right or authority granted in these general conditions, the rental agreement and the vehicle delivery form does not constitute a waiver of that right or authority, nor does the sole or partial exercise of a right or authority prevent the subsequent exercise of that right or authority.
18. ENTIRE AGREEMENT
If any provision of these general conditions, rental agreement and vehicle delivery form is deemed invalid, void or unenforceable for any reason, this does not affect the validity and enforceability of the other provisions of the agreement; The remaining provisions of the Agreement shall remain in force.
Leaving the rented vehicle by abandoning it, leaving the scene after the accident occurs, not returning the vehicle even though it has expired, or any behavior that violates the renter's obligation to deliver the vehicle is considered a breach of contract. In such a case, the lessor reserves the right to pick up the vehicle from its location, seize the vehicle, compensate for the damage, demand a penalty and notify the necessary legal authorities.
The lessee accepts and undertakes that such violations will not affect the validity of the contract in its entirety and that all responsibilities and obligations in the contract will continue.
19. ANNEXES
The rental agreement(s) and vehicle delivery form(s) concluded together with these general conditions and concluded after the signing of these general conditions are an integral part of the general conditions and will be interpreted together.
All the conditions of these general conditions, which consist of 19 articles, are read, negotiated and signed.
