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GENERAL RENTAL AGREEMENT

GENERAL RENTAL AGREEMENT

 

PARTIES

On the one hand, Esde Araç Kiralama ve Dış Ticaret LTD. ŞTİ., whose registered address is Yavuz Selim Mahallesi, Gülibrişim Sokak, No:16-A, Arnavutköy / Istanbul, and on the other hand, the natural or legal person who signs this Agreement, hereby enter into and execute these General Terms and Conditions of the Motor Vehicle Rental Agreement.

DEFINITIONS

Lessor:
Esde Araç Kiralama ve Dış Ticaret LTD. ŞTİ.

Lessee:
The natural or legal person who signs these General Terms and Conditions and the Rental Agreement.

User / Driver:
The driver indicated in the Rental Agreement / Vehicle Delivery Form as the person authorized to operate the vehicle.

Vehicle:
The motor vehicle, the brand, model, license plate, and other specifications of which are specified in the Rental Agreement and the Vehicle Delivery Form, and which is rented to the Lessee for use during the rental period.

General Terms and Conditions:
These General Terms and Conditions of the Motor Vehicle Rental Agreement.

Rental Agreement:
The motor vehicle rental agreement setting out the group, brand, model, license plate, and other specifications of the rented vehicle, as well as the rental period, rental fee, additional products, guarantees/insurance, and other relevant matters.

Vehicle Delivery Form:
The form indicating that the rented vehicle has been delivered to the Lessee, the condition of the vehicle at the time of delivery, and other relevant matters, as well as the condition of the vehicle and other relevant matters at the time of its return to the Lessor.

Damage Service Fee:
The administrative fee accrued in cases of accident, damage, or similar incidents (to be accrued separately for each damage).

Missing Fuel Service Fee:
The service fee accrued in the event that the vehicle is returned with missing fuel.

Penalty Administration Fee:
The service fee accrued in cases such as traffic fines, unauthorized toll passages, and similar violations (to be accrued and collected separately for each violation).

Subject:
The subject of these General Terms and Conditions is to determine the rental conditions of the vehicle rented to the Lessee for use under the Rental Agreement, the manner and conditions of payment of the rental and other fees determined in return thereof by the Lessee, and the mutual rights and obligations of the Parties.

Under the Rental Agreement, the vehicle has been rented to the Lessee for the duration of the rental period. The Lessee declares and undertakes to use the vehicle in accordance with the Rental Agreement, the Vehicle Delivery Form, and these General Terms and Conditions; to pay the rental fee and the fees/charges specified in these General Terms and Conditions; and to irrevocably accept all matters set forth in the Rental Agreement, the Vehicle Delivery Form, and these General Terms and Conditions.

The Lessee acknowledges that they have received the vehicle subject to the Agreement together with all its tires, spare tire, vehicle documents, accessories, equipment, and tools, with all periodic maintenance fully and properly completed; and, except for the matters specified in the Vehicle Delivery Form, that the vehicle is in good and sound condition in terms of bodywork and mechanics, free from any accident or damage. The Lessee is responsible for the safekeeping of additional products such as snow chains, navigation devices, baby seats, etc., delivered under the Rental Agreement and/or the Vehicle Delivery Form, as well as the vehicle documents, tools, equipment, and accessories. These items are not covered by damage repair or vehicle theft insurance, and in the event of damage, loss, or theft, their market value as of the date of the incident shall be paid by the Lessee to the Lessor in cash and in full, in a single payment.

The Lessee agrees and undertakes to comply with the provisions set forth in the vehicle user manual prepared by the vehicle manufacturer, to exercise due care and attention in the use of the vehicle, and to ensure that the vehicle remains in good condition.

The Lessee agrees and undertakes to use the vehicle in accordance with the Turkish Highway Traffic Law and all relevant legal regulations, solely within the borders of the Republic of Türkiye, and not to take the vehicle outside the borders of the Republic of Türkiye without the written consent of the Lessor. Otherwise, the Lessee acknowledges that all guarantees and coverages shall become null and void, and that the Lessee shall bear all expenses, including return costs.

In the event that any penalties are imposed due to the use of the vehicle in violation of laws and regulations, the Lessee shall be solely responsible for all resulting costs, including but not limited to traffic fines, loss of rental income arising from the impoundment or prohibition of the vehicle from traffic, towing fees, and similar expenses.

Mandatory Traffic Liability Insurance (“Compulsory Motor Third Party Liability Insurance”) for the vehicle subject to this Agreement has been obtained by the Lessor.

In order to be protected against damages to the rented vehicle and against damages and other legal claims of third parties, the Lessee may, at the time of signing this Rental Agreement, benefit from theft, damage (collision), voluntary third-party liability, and personal accident insurance policies by requesting such coverage and paying the relevant premium amounts in advance.

If the Lessee does not wish to benefit from these policies, or requests/accepts them but fails to pay the premiums in advance, the Lessee shall be personally liable for any and all damages and losses arising to the rented vehicle, persons inside the vehicle, and third parties, including but not limited to all administrative, criminal, and legal sanctions, compensations, and penalties that may be claimed by third parties; as well as any and all damages, losses, compensations, penalties, loss of value, and loss of income that have arisen and/or may arise due to accidents involving the rented motor vehicle or for any other reason. The Lessee is obliged to pay all such amounts.

The Lessee acknowledges and agrees that, even if the above-mentioned theft, damage, voluntary third-party liability, and personal accident insurance policies have been accepted and the premiums paid, all such coverages shall become null and void in the cases listed below, and the Lessee shall, without objection, indemnify all damage-related costs and penalties, loss of value, loss of income, and compensations, and shall be responsible for all resulting expenses, including but not limited to the following:

  • Use of the vehicle for illegal activities; use under abnormal conditions or road conditions not suitable for traffic; use off public roads; use on non-scheduled ferries; or use for animal transportation,

  • Use of the vehicle in violation of traffic laws and regulations,

  • Accidents and damages occurring as a result of the vehicle being driven by a person not specified as the driver or additional driver in the Rental Agreement,

  • Cases excluded from comprehensive insurance coverage pursuant to the general terms of comprehensive insurance policies of the Insurance Association of Türkiye, and/or cases where the insurance company does not make payment for any reason, and/or amounts exceeding the scope and limits of insurance/coverage,

  • Allowing the vehicle to be driven by valet service personnel or car wash employees, and accidents or damages occurring during such use,

  • Situations where the driver is under the influence of alcohol or narcotic substances at the time of the accident,

  • Exceeding the legal speed limits and accidents caused by the sole fault of the Lessee,

  • Situations where no traffic accident report is issued and no alcohol test report is obtained,

  • Accidents caused by negligence or intent, such as driving the vehicle at excessively high engine revolutions.

In cases where the vehicle rental fee is not paid and the Lessee is in default (no notice or warning shall be required in this regard),

All tires, tire blowouts, tire and rim damages, hubcaps, spare tires, vehicle registration certificate, license plates, fire extinguishers, and all equipment and accessories of the vehicle, without limitation,

Loss of keys and/or key malfunctions arising from misuse,

The Lessee shall be solely responsible for the portion of all claims that may be asserted by third parties and passengers inside the vehicle exceeding the limits of the compulsory traffic insurance of the vehicle, as well as for all claims for non-pecuniary (moral) damages.

In the event that the traffic accident report, alcohol test report, photocopies of the registration certificates of the vehicles involved in the accident, photocopies of traffic insurance policies, photocopies of driving licenses, witness determination reports, and any statements or other documents requested by the Lessor are not submitted fully and completely to the Lessor within a maximum of 24 hours from the date of the accident/incident, the Lessee shall not be entitled to benefit from any insurance or coverage. In addition, the Lessee shall be obliged to pay the rental fees accruing until the date on which such documents are fully and completely submitted.

The vehicle subject to the Agreement shall under no circumstances be used in the following cases; otherwise, all criminal and legal liability shall rest solely with the Lessee:

  • Transportation of goods in violation of customs legislation and other applicable laws,

  • Transportation of passengers or goods for commercial purposes,

  • Pushing or towing any vehicle or object,

  • Use in motor sports, including but not limited to races, rallies, speed trials, and similar activities,

  • Use in locations and conditions unsuitable for the make and model of the vehicle (such as sand, mountainous terrain, stream beds, swamps, etc.) or on roads and surfaces incompatible with the technical structure and durability of the vehicle,

  • Use by persons under the influence of alcohol or narcotic substances, without a valid driving license, or by persons not specified as the driver or additional driver in the Rental Agreement,

  • Transportation of personal goods or loads exceeding the vehicle’s load capacity or in a manner that may damage the vehicle; transportation of animals,

  • Damages caused by contact with cigarettes or similar substances,

  • Transportation by land, sea, or air, except for scheduled and licensed ferries and trains that the vehicle can enter and exit under its own power, or use outside public roads.

The vehicle shall be used only by the driver and/or additional drivers who meet the valid driving license duration and age requirements specified in the Rental Agreement and the Vehicle Delivery Form according to the vehicle group. The Lessee is obliged to ensure that the additional drivers specified in the Rental Agreement and the Vehicle Delivery Form fully and completely comply with the Rental Agreement, the Vehicle Delivery Form, and these General Terms and Conditions. The Lessee, together with the driver and additional drivers, shall be jointly and severally liable for any damages and losses that may occur.

The Lessor provides the vehicle based on the Lessee’s declaration that the required qualifications have been met upon signing this Agreement; the responsibility for verifying and ensuring compliance with such qualifications lies solely with the Lessee. In the event that the vehicle is used outside the rental period and/or by third parties other than the drivers/additional drivers specified in the Rental Agreement, or by drivers/additional drivers who do not comply with age and/or driving license duration requirements, or in violation of laws, the Rental Agreement, or these General Terms and Conditions—particularly including use by valet service personnel or car wash employees—all insurance and coverage specified in this Agreement shall be deemed null and void, even if the relevant fees have been paid. In such cases, the Lessee and the additional drivers shall not benefit from any insurance, coverage, or legal rights.

In this event, the Lessee shall be directly liable for any accident, theft, damage, or loss, as well as for loss of value and loss of income arising therefrom. The Lessee shall not be entitled to request the Lessor to pursue any claims against third parties who used the vehicle.

The Lessee agrees and undertakes not to make any modifications to the vehicle without the written consent of the Lessor. Otherwise, the Lessee shall be responsible for the costs of restoring the vehicle to its original condition, any damages suffered by the vehicle, and any loss of income incurred during the repair period.

The Lessee agrees and undertakes to pay, upon first demand, all damages, losses, penalties, and expenses arising from any mechanical and electrical system damages occurring to the vehicle—which was received in sound and good condition—due to misuse and/or negligence, carelessness, or similar reasons, and which are not covered by traffic insurance or cannot be repaired under warranty. Such damages include, but are not limited to, transmission failures caused by incorrect gear shifting, damages resulting from the underside of the vehicle hitting objects, damages caused by continued use of the vehicle despite warning lights being illuminated, damages to parts such as tires and rims, fuel-related damages and malfunctions, clutch set replacement, rental loss, and all expenses that may be claimed by third parties. In addition, the Lessee shall pay the damage management service fee applicable as of the date of damage. The amount of damage occurring to the rented vehicle shall be determined by the Lessor through a proforma invoice, and such amount shall be collected from the Lessee. Decisions regarding immediate repair, delayed repair, or non-repair of the vehicle are solely at the discretion of the Lessor, and the Lessee may not avoid payment of the damage amount on the grounds that the vehicle has not been repaired.

All fuel costs, parking fees, HGS, OGS, highway, bridge, and similar toll charges, as well as traffic fines, interest, and ancillary charges related to the vehicle, shall be borne and paid by the Lessee. Even if a traffic fine receipt is issued only with the license plate number without name or signature, the Lessee agrees to pay such fine. Any traffic fines paid by the Lessor, together with any applicable late payment interest, shall be claimed from the Lessee, and the Lessee shall immediately pay such amounts. The Lessee may not request the Lessor to object to OGS, HGS, highway, bridge, or similar toll charges or traffic fines, may not avoid payment due to lack of objection, and may not request any discounts such as early payment discounts related to traffic fines. Furthermore, the Lessor is authorized to collect parking fees, OGS, HGS, highway, bridge, and similar toll charges, traffic fines, interest, ancillary charges, and service fees by offsetting and charging them to the Lessee’s credit card and/or security deposit, without waiting for the end of the rental period and without requiring any permission or notice. The Lessee shall remain liable for such amounts even after the Rental Agreement and these General Terms and Conditions have expired. The Lessor is entitled to charge a service fee of TRY 50 for each traffic fine.

As security for any damages that may occur to the vehicles and for the Lessor’s other receivables and rights arising from the Agreement, the Lessee shall, prior to vehicle delivery, pay or authorize a hold on a security deposit to be determined by the Lessor according to the vehicle group, either by credit card or by another method preferred by the Lessor (without implying any limitation on the amount of damage/loss to be borne by the Lessee, and without prejudice to the Lessor’s right to collect damages/losses exceeding the security deposit). Provided that the vehicle is returned to the Lessor completely and without issue, at the place and time specified in the Rental Agreement, and that the Lessee has no outstanding debts, the security deposit shall be refunded to the same account within 48 hours from the return date if collected by credit card, or the hold shall be released if a block was applied. The Lessor shall not be responsible for any delays caused by banks in the refund or release of the hold. In the event that the vehicle is not returned completely and without issue on time, or if the Lessee has outstanding rental and/or other debts, the security deposit shall be offset against such receivables without any notice, judgment, or permission, and any damages and receivables exceeding the security deposit shall be additionally collected from the Lessee. The Lessor is also authorized to collect damages and receivables exceeding the security deposit directly from the Lessee’s credit card without any permission, judgment, or notice, even after the Rental Agreement and these General Terms and Conditions have expired.

With respect to the vehicle, all debts and obligations arising from the status of “operator” as defined under applicable laws, including all liabilities related to vehicle operator responsibility, shall belong to the Lessee. The Lessee shall be solely responsible for all material and moral damages caused by the vehicle to third parties and/or other motor vehicles and/or the environment. Accordingly, the Lessee shall indemnify the Lessor for all damages that the Lessor may be required to pay. The Lessee’s liability for damages occurring during the rental period shall continue even after the expiration of the Rental Agreement and these General Terms and Conditions.

The Lessee accepts, declares, and undertakes that, in the event that a request for provisional attachment, provisional injunction, or similar measures is filed against the Lessee due to failure to pay rental fees and/or other debts arising from the Rental Agreement and these General Terms and Conditions, the Lessor shall not be required to provide any security.

The Lessee is obliged to return the vehicle with the same amount of fuel as was present in the fuel tank at the time of delivery. In the event that the Lessee returns the vehicle with excess fuel, the Lessee shall have no right to claim any payment, refund, offset, or similar compensation. In the event that the Lessee returns the vehicle with insufficient fuel, the missing fuel cost shall be calculated and invoiced to the Lessee together with a service fee of TRY 80. The determination regarding the fuel level shall be made ex officio by the authorized personnel of the branch where the vehicle is returned, and the Lessee hereby accepts in advance this method of determination and the amounts determined. In this case, the Lessee is obliged to immediately pay the missing fuel cost, the service fee, and the applicable VAT amounts. Even if the damage is detected after the vehicle has been returned, the Lessee shall remain liable for the resulting damage. The Lessor is authorized to collect the damage amount and the fuel procurement service fee directly from the Lessee’s credit card without any permission, notice, or court order.

The Lessee is free to purchase fuel of the quality specified in the vehicle user manual from any fuel supplier of its choice. However, all costs arising from malfunctions and damages caused by incorrect fuel usage shall be borne by the Lessee.

The Lessor rents the vehicle solely for the Lessee’s personal use. The Lessee may not assign or transfer the Rental Agreement or the General Terms and Conditions to any third party; may not allocate the rented/delivered vehicle for use by any other person; may not pledge it as security; may not sublease it; may not exercise any right of retention over it; and may not perform any similar transaction. In the event of detection of any such violation, the Lessor shall have the right to immediately and unilaterally terminate the Agreement, and no guarantee or insurance shall remain valid. In such case, all damages shall be borne by the Lessee, and the Lessee shall not be entitled to request any refund due to termination. Furthermore, if the vehicle is subleased or made available to another person, the Lessor reserves the right to demand and collect a penalty equal to twice the total rental fee collected from the Lessee for the relevant vehicle; and in the event that the vehicle is sold or an attempt is made to sell it, the Lessor reserves the right to demand and collect the “zero kilometer (brand-new) value” of the vehicle as a penalty. The Lessee irrevocably accepts and undertakes to pay the amounts demanded under this article immediately and in cash upon first demand.

The Lessee is obliged to pay all amounts expressly stated in the Rental Agreement, the General Terms and Conditions, and the Vehicle Delivery Form, as well as, without limitation, the following service fees:

  • The rental fee calculated based on the number of rental days;

  • The additional fees for supplementary services such as navigation devices, baby seats, winter tires, etc., if requested for the rented vehicle;

  • If requested, the service and/or coverage fees and premiums for Collision Damage Waiver (CDW), Super Relax Damage Coverage (SR), Theft Protection (TP), Optional Third Party Liability (IMM), Personal Accident Insurance (PAI), Excess Liability (EXCESS), and Super Collision Damage Waiver (SCDW);

  • The missing fuel cost and the TRY 80 service fee;

  • If the Lessee did not request and accept the Collision Damage Waiver (CDW) at the time of contracting, all damages to the vehicle, loss of value, loss of profit, and all material and moral claims of third parties arising from an accident;

  • If, in the event of an accident, the Lessee is penalized for violation of traffic rules, alcohol consumption, or drug use, the Lessor may claim from the Lessee the repair costs arising from the accident and all other expenses, as well as any material and moral compensation claims that may be asserted under any title.

If the vehicle is used by persons other than the driver or additional driver specified in the Agreement, all insurance policies shall be invalid, and the Lessee and the persons using the vehicle shall be jointly and severally liable for all damages, material and moral compensation claims, loss of value, and loss of profit.

At the end of the rental period, the Lessee shall pay any additional rental fees, one-way fees, legally applicable taxes, mileage overage fees, damage/loss compensation amounts, service fees, parking fees, HGS/OGS, highway and bridge tolls, traffic fines, and in summary, all amounts arising from this rental.

If Theft Protection (TP) has not been requested by the Lessee or has been requested but the premium has not been paid, the Lessee hereby accepts and undertakes in advance to pay, in cash and in full upon first demand, the zero kilometer (brand-new) value of the vehicle, together with the keys and all accessories, in the event of theft.

All liabilities and obligations arising from material damages, medical expenses, and all other types of losses caused to other motor vehicles, third parties, and passengers inside the vehicle, which fall outside the scope and/or limits of the compulsory traffic liability insurance obtained by the Lessor, including material and moral damages, loss of value, and loss of profit, shall belong to the Lessee. However, if the Lessee has prepaid the premium for Optional Third Party Liability (IMM) coverage specified in the Rental Agreement, the Lessee shall be exempt from such damages up to the amount specified in the IMM policy for the rented vehicle, in accordance with the general insurance terms of the Insurance Association of Türkiye.

In single-vehicle or multi-vehicle accidents, rollovers, all repair costs for damages to the vehicle (the amount to be determined by the Lessor via proforma invoice, and whether the vehicle is repaired or not shall be entirely at the discretion of the Lessor; failure to repair shall not eliminate the Lessee’s payment obligation), towing fees, parking fees, material and moral compensation payable to third parties, all legal claims under any title, litigation costs, and attorney’s fees shall be borne by the Lessee.

The Lessee shall make payments in the manner specified in the Rental Agreement. If the rental period is one month or shorter, the Lessor may require advance payment of the rental fee. For rentals exceeding one month, advance payment may be required either on a monthly rental cycle basis or for the full amount. If monthly payment convenience is provided, the first month’s rental fee shall be collected in advance, and subsequent months’ rental fees shall be collected monthly in advance at the beginning of each month. In the event that the rental fee and/or other amounts and legal payments under the Rental Agreement, General Terms and Conditions, and Vehicle Delivery Form are not paid in full and on time, all amounts relating to the rental period shall become immediately due as of the invoice date, without the need for any notice or warning, and the Lessee accepts, declares, and undertakes to pay all such due amounts together with default interest calculated at twice the advance interest rate of the Central Bank of the Republic of Türkiye from the invoice date. In case of late payment, the Lessor reserves the right to unilaterally terminate the Rental Agreement and the General Terms and Conditions. In such case, the Lessor also reserves the right to claim any rewards, services, or their monetary value earned through campaigns or promotions. The Lessee shall not be entitled to request any refund due to such termination.

The Lessee irrevocably accepts that all amounts arising from this Rental Agreement, the General Terms and Conditions, and the Vehicle Delivery Form—including but not limited to the amounts listed above—may be collected from the credit card specified in the Agreement/Vehicle Delivery Form without any permission, judgment, or notice, and without limitation to the contract term. Even if this Agreement is terminated or expires for any reason, this Article shall remain in force indefinitely.

The limits of damage repair coverage and theft protection coverage are subject to the market value of the vehicle as of the date of damage/incident and are limited to the amounts specified under the applicable comprehensive insurance general terms. Therefore, the Lessee shall be responsible for all damages, material and moral compensation claims, loss of value, and loss of profit arising outside the scope or limits of such general terms.

No benefit may be obtained from damage repair coverage or theft protection coverage based solely on declaration. However, if the Lessee has requested and purchased Fast Damage Coverage at the beginning of the rental and paid the relevant fee, damages occurring to the vehicle due to damage may be covered by declaration up to a limit determined by the Lessor, provided that such damages fall within the scope of the comprehensive insurance general terms published by the Insurance Association of Türkiye. The applicable current limit for declaration-based repair under Fast Damage Coverage is specified in the annex to the Agreement. The determination of whether a damage and/or loss falls within the scope of damage repair coverage, fast damage coverage, or theft protection coverage shall be at the sole discretion of the Lessor, and the Lessee may not object to such determination. The Lessor may, at its discretion, obtain insurance policies to cover its own risks arising from such coverages, and the Lessee may not request to benefit from such policies or their coverage. If the Lessor compensates any damage falling outside the scope or limits of the insurance policies for which the Lessee has paid premiums, the Lessee accepts, declares, and undertakes to reimburse the Lessor for all such payments together with default interest calculated at twice the advance interest rate of the Central Bank of the Republic of Türkiye from the payment date. If the Lessee does not request the coverages and insurances specified in this Agreement or fails to pay their premiums in full, the Lessee shall be fully responsible for all damages, material and moral compensation claims, loss of value, and loss of profit arising from accidents or other causes involving the rented vehicle.

In the event of an accident, the Lessee and additional drivers are obliged to take the following measures:

  • Immediately notify the Lessor by calling the branch phone numbers;

  • In accidents resulting in material damage, injury, or death, apply to the nearest police or gendarmerie unit without moving the vehicle, ensure that official reports are prepared, and obtain an alcohol report;

  • Take photographs of the vehicle at the accident scene;

  • Obtain the names and addresses of relevant persons and witnesses;

  • Not admit fault where no fault exists;

  • In two-party accidents, obtain copies of driver’s licenses, vehicle registrations, and traffic insurance policies, or if not possible, obtain relevant identification and policy details;

  • Not abandon the vehicle without taking adequate safety measures;

  • Deliver accident notifications, reports, and related documents to the Lessor within 24 hours from the date of the accident/incident.

In the event of damage or malfunction to the rented vehicle, the Lessee is responsible for delivering the vehicle to an authorized service in a safe manner that does not increase the damage. If towing is required, the towing fee shall be borne by the Lessee.

The Lessor bears no legal responsibility for items stolen from or taken from inside the vehicle. The Lessee may not claim any rights or receivables from the Lessor for this reason.

In the event of an accident, the Lessor may block an amount it deems appropriate from the Lessee’s credit card as security for damages and compensation, without any permission or notice, without implying any limitation on the Lessee’s liability. The Lessor is authorized to collect all rental fees, damages, losses, compensation amounts, and other receivables by offsetting them against the security amount, and the Lessee accepts in advance that it shall not object to this.

If the Lessee wishes to return the vehicle early, whether a refund is made shall be at the discretion of the Lessor. If the reservation or rental fee has been prepaid and the vehicle is not collected on time, the collected amounts shall not be refunded, and the Lessor shall not be obliged to hold the vehicle for the prepaid rental period. If the Lessee wishes to collect the vehicle at any time during the reservation period, fulfillment of such request shall depend on vehicle availability at that time, and the Lessor shall not be obliged to provide a vehicle.

The Lessor is not the manufacturer of the vehicle and shall not be held liable for any damages, losses, or compensation arising from manufacturing defects of the vehicle or its spare parts.

The Lessor shall not be liable for damages arising from the vehicle being out of service.

The Lessee shall return the vehicle to the Lessor’s return address on the date and time specified in the Rental Agreement and/or Vehicle Delivery Form, complete and undamaged. If the Lessee returns the vehicle to a location other than the designated return address with the written consent of the Lessor, the Lessee shall pay the one-way fee calculated based on the tariff applicable on the return date.

The Lessee shall obtain the Lessor’s written approval for all rental extensions.

If the Lessee fails to return the vehicle at the specified time, extends the rental without written approval, subleases the vehicle, or otherwise unlawfully retains possession of the vehicle, the Lessee accepts that such act constitutes unlawful possession and a criminal offense under criminal law; acknowledges that no insurance coverage shall apply and all policies shall become invalid in such case; and accepts that the Lessor has the right to immediately repossess and seize the vehicle wherever it is located without any prior notice, permission, or court order. The Lessee waives all rights, claims, lawsuits, and complaints against the Lessor arising from such repossession and undertakes to pay all damages and expenses incurred during repossession.

Even if the Lessor collects rental fees for the delay period, such collection shall not be interpreted as an extension of the Rental Agreement or conversion into an indefinite-term agreement.

If the vehicle is not returned on the return date and time, the Lessee shall pay one-third of the daily rental fee for delays of one hour or more, one full daily rental fee for delays of three hours or more, and for delays of 24 hours or more, the highest daily rental fee applicable to that vehicle for each day of delay. The Lessee shall also compensate all damages arising from disruption of the Lessor’s reservation plan. This shall not be construed as an extension or conversion of the Rental Agreement.

Until the day the vehicle is returned by the Lessee or repossessed by the Lessor, all obligations and liabilities of the Lessee under the Rental Agreement, General Terms and Conditions, and Vehicle Delivery Form shall continue in full force, and the Lessor shall be released from all obligations and liabilities.

If the Lessee has requested Theft Protection and paid the premiums, the Lessee must take all necessary measures to prevent theft and keep the vehicle locked when not in use. To benefit from theft protection, the Lessee must prove that such measures were taken, return the vehicle registration and keys, and submit an official theft report issued by law enforcement authorities. In the presence of the following circumstances, the Lessee accepts in advance to pay the current purchase value of the vehicle or its parts/accessories and all other damage/loss amounts, and the Lessor reserves the right to claim rental fees until payment is made:

  • Failure to submit the required reports within 24 hours from the incident date;

  • Situations not covered by the comprehensive insurance general terms in force on the incident date (including but not limited to leaving the key in the vehicle, handing over the vehicle to parking/washing staff, valets, or reception personnel, or abuse of trust);

  • Appropriation-like incidents not classified as theft by insurance companies.

The Lessee shall be responsible for all damages and losses beyond normal wear and tear detected upon return of the vehicle. The Lessor has the right to conduct a detailed inspection and make claims against the Lessee within 30 days from the return date. Preparation of a vehicle return form/report at the time of return does not constitute a waiver of the Lessor’s inspection and claim rights.

If the Lessee fails to comply with any obligation or undertaking under the Rental Agreement, General Terms and Conditions, or Vehicle Delivery Form, or if the Lessor deems it necessary, the Lessor may terminate the Agreement immediately, unilaterally, without notice, warning, or compensation, without stating any reason. In cases where the Lessee ceases business activities, applies for concordat, is subject to enforcement proceedings, faces financial difficulty, enters liquidation, bankruptcy proceedings are initiated, fails to pay any amounts in full and on time, the credit card specified in the Agreement becomes blocked, canceled, expired, or unusable, or equivalent card details are not immediately provided, or the vehicle is abandoned, or there is suspicion of abuse of trust, the Agreement shall be deemed automatically terminated without any notice. If the vehicle is not returned within 3 hours following termination, the Lessor may initiate legal proceedings for unauthorized use and repossess the vehicle wherever it is located. The Lessee accepts that the Lessor may also claim, in addition to penalty costs, rental fees calculated based on the highest daily rental rate in the system, as well as legal enforcement and attorney’s fees. The Lessee waives all claims against the Lessor arising from repossession. Regardless of whether the vehicle is returned by the Lessee or repossessed by the Lessor, the Lessee undertakes to pay all rental fees until the end of the Agreement, delay charges, one-way fees, applicable VAT, interest calculated at twice the Central Bank advance interest rate, and all damages and loss of profit claimed by the Lessor.

GENERAL VEHICLE RENTAL AGREEMENT – FINAL PROVISIONS (ENGLISH TRANSLATION)

These General Terms and Conditions and the Rental Agreement shall enter into force as of the signature date and shall automatically terminate upon the return of the rented vehicle to the Lessor in accordance with the provisions of the Rental Agreement, Vehicle Delivery Form, and these General Terms. Even if the agreement terminates, the Lessor shall remain entitled to claim its rights arising from the Rental Agreement, General Terms, and Vehicle Delivery Form.

The Lessor may assign and/or transfer the Rental Agreement, the General Terms, the Vehicle Delivery Form, and/or any rights, receivables, and obligations arising therefrom to a third party without obtaining the Lessee’s consent.

Consent for Data Use: The Lessor, acting as data controller within the scope of the Law on the Protection of Personal Data, may process the personal data of the Lessee and additional drivers obtained through this Rental Agreement and other channels for the purposes of fulfilling the requirements of the Rental Agreement, conducting internal company operations, continuing marketing activities, verifying the driver’s license and credit information of the Lessee and additional drivers by comparing them with databases of credit institutions and anti-fraud organizations, obtaining market intelligence, enabling insurance companies to intervene in the event of an accident, and complying with other legal obligations. The Lessee gives explicit consent to the Lessor to present campaigns, product and service promotions, surveys, and customer satisfaction applications. The Lessee consents to the collection, sharing among group companies, and processing of personal data provided now or in the future for the stated purposes, and to communication via SMS, e-mail, telephone, and similar channels. The Lessee may notify the Lessor to change preferences regarding data sharing.

Personal data may be transferred, within legal limits, to administrative and official authorities required by law, the Lessor’s direct and indirect shareholders, domestic and foreign affiliates, domestic or foreign service providers, independent audit firms, tax offices, credit institutions, and relevant public and private institutions for the purpose of collecting receivables. The Lessor and its service providers shall retain personal data for a reasonable period and for legally prescribed durations. After such periods, personal data may no longer be actively stored but may continue to be used for statistical analysis and marketing purposes.

Pursuant to Article 11 of the Law on the Protection of Personal Data, the Lessee and additional drivers have the right to: learn whether personal data is processed; request information if processed; learn the purpose of processing and whether it is used accordingly; know the third parties to whom personal data is transferred domestically or abroad; request correction of incomplete or inaccurate data; request deletion where reasons for processing cease; object to results arising from automated analysis; request compensation for damages due to unlawful processing; and request notification of corrections or deletions to third parties. The Lessee and additional drivers declare that they have read the information provided herein in lieu of the statutory obligation to inform and consent and, by their signatures, consent to the processing and transfer of personal data as stated above.

In the event of any dispute, the Lessee agrees that the books and records of the Lessor shall be taken as basis, that such books and records constitute conclusive and definitive evidence within the meaning of Article 193 of the Code of Civil Procedure, and that no objection shall be raised against them.

The Istanbul Courts and Enforcement Offices shall have jurisdiction over disputes arising from this Agreement. In case Turkish and foreign language versions of these General Terms, the Rental Agreement, the Vehicle Delivery Form, and annexes are included in the same document, the Turkish text shall prevail in interpretation.

The parties agree that the addresses stated in these General Terms, the Rental Agreement, annexes, and delivery documents are their legal notification addresses; unless an address change is notified in writing within three (3) days, notifications sent to these addresses shall have all legal consequences of valid service. The Lessor’s failure or delay in exercising any right or authority shall not constitute a waiver, nor shall partial exercise prevent subsequent exercise of the same or other rights.

If any provision of these General Terms, the Rental Agreement, or the Vehicle Delivery Form is deemed invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect. Rental Agreements and Vehicle Delivery Forms concluded under or after these General Terms constitute an integral part hereof and shall be interpreted together.

These General Terms consist of 44 articles, all of which have been read and mutually negotiated, executed in one (1) original copy, and a copy has been delivered to the Lessee.

 

 

 

 

 

 

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