General Terms & Conditions

General Terms & Conditions

PARTIES:

The party that leases out the vehicle with plate and model written on the front side of first page of this agreement namely “......................................................................................” shall be called as "LESSOR" and the party that hires rented vehicle and has signature on the same page shall be called as "LESSEE". It has been agreed upon renting the vehicle with details on the front side under below written conditions between the parties.

 

DEFINITIONS:

LESSOR: The party that leases out the vehicle with plate and model written on the front side of first page of this agreement

LESSEE: The party that hires the vehicle with plate and model written on the front side of first page of this agreement

Assistance Company: Professional Companies established in order to provide rental vehicle for insured customers of assistance company and/or insured customers of Companies that are partner of assistance company unrelated to independent and assistance company of LESSOR.

 

Article 1 - GENERAL CONDITIONS  

                                                                                                                                                                     

  1. Parties agree and undertake in advance that this lease agreement has been signed under following conditions between LESSOR that leases out the vehicle with the name on the front side and LESSEE that hires the vehicle. The person who drives the vehicle actually and company or person which/who has rented the vehicle by acting in the capacity of LESSOR have been accepted as joint LESSEES within the frame of conditions as specified in Article 1-a of this agreement and they have agreed and undertaken that they have rented rental vehicle for predetermined period within the frame of below written conditions. (In the event that person in the capacity of LESSEE and the person who drives the vehicle have merged in sole person, parties have agreed that the agreement comes into force – under the same conditions – only for such person from now on. 
    1. LESSEE is responsible for rental value until the end of period as agreed on signature date of agreement and all kinds of responsibilities which are possible to be attributed to the person who drives the vehicle actually within this period; the person who drives the vehicle actually is responsible for all kinds of responsibilities from signature date of agreement to the date when such person delivers the vehicle actually and is released in accordance with the agreement and parties have agreed and undertaken this issue in advance. 
    2. LESSEE has agreed and undertaken by signing this agreement that Lessee takes delivery of the vehicle without any damage, with 5 perfect tires, tools, related certificates (Motor Vehicle Registration Certificate, Motor Vehicle Traffic Certificate, Insurance Policy, Maps etc.) and all accessories in good condition, unless otherwise agreed, lessee shall give it back at the same place on the date and time as written in the agreement. In the event that the person who drives the vehicle actually does not deliver the vehicle at the same place, such person is obliged to pay extra costs such as driver, fuel etc. to be paid for returning the vehicle by LESSOR separately. This cost shall be calculated at the place where the vehicle is delivered by LESSOR and shall be collected from such person. In the event that it is failed to realize co-existence condition, parties have agreed and undertaken in advance that all kinds of receivables shall be collected by LESSOR from the credit card of which details have been given in advance by LESSEE, and LESSEE has given consent about this issue in advance.
    3. LESSEE is obliged to audit the vehicle during start of renting/delivery. Otherwise, parties have agreed and undertaken in advance that lessee takes delivery of the vehicle within the frame of issues as written in this agreement, and within the frame of issues as stated during its receipt, LESSEE is responsible for damages and deficiencies which have not been stated during delivery and receipt of the vehicle. 
  2. It is forbidden to carry, to transport or to transmit materials, which are forbidden to carry, to transport or to transmit and/or subject to permit in accordance with laws or official authorities, in the vehicle or on a person in the vehicle by infringing this prohibition. Parties have agreed and undertaken in advance that LESSEE is responsible for such infringement completely. 
    1. The vehicle can not be used for any illegal action and can not be allocated for these actions locationally.
    2. The vehicle can not be loaded or passenger can not be picked up out of/over its load capacities. It is essential to carry cargo and to transport passenger on the vehicle by considering the factors such as road and weather condition. It is essential to avoid behaviors which may bring harm to its material integrity by considering above listed material elements even if it is complied with load capacities of the vehicle. Otherwise, LESSEE shall be responsible for any damages to the vehicle. 
    3.   LESSEE can not make any change, erasure, addition, end piece, scraping or similar modification on the vehicle, its accessories or any parts without written approval of LESSOR.
    4. LESSEE can not use the vehicle in drawing, pushing or transporting by loading another vehicle or any mobile or fixed object without consent of LESSOR.
    5. It is forbidden to use the vehicle in race, speed trial and determination, rally, durability testing and motor sports on the roads which are closed to and unsuitable for normal traffic. 
    6.    LESSEE can not drive and allow for others to drive the vehicle under the influence of alcohol or drugs. 
    7. LESSEE can not drive and allow for others to drive the vehicle for fee or for similar commercial purposes.
    8. LESSEE can not allow driving the vehicle with or without any consideration; lessee can not establish any loan relation with and can not sublease it to other parties except lessee or those persons whose names are written in the lease agreement. 
  3. Minimum age subject to vehicle groups and driving license year details are shown in ANNEX-2.  LESSEE can not allow third parties to drive the vehicle without approval of LESSOR. In this case, LESSOR is obliged to record identity, address and driving license details of third parties, who shall drive the vehicle, into the agreement and to have them sign the agreement.
  4. LESSEE person or company or driver for whom the vehicle is allocated (when it is allocated to use of any third person by the person or the company) is obliged to ensure any safety of vehicle, to keep the vehicle as closed and locked, to park or to show any similar care and attention. Otherwise, they shall be jointly and severally liable to the damages which may occur. In case of theft, seizure or similar loss situations, LESSEE is obliged to give urgent notice to LESSOR, to provide information, to have minutes written by going to the closest police station and to transmit such information and documents as well as other required information and documents to LESSOR. In the event that the vehicle is not found, unless gross negligence of LESSEE is seen (leaving the key on the vehicle, giving the key to unknown person, failure to give minutes to LESSOR or deficient document etc…) maximum obligation of LESSEE shall be paying rental value of vehicle for elapsed 45 days over contract price. In case any negligence is seen, LESSOR shall claim whole value of the vehicle. In case parts and accessories of the vehicle are stolen, it is responsible for paying these values. In case the vehicle is damaged because of theft, seizure or similar reasons, LESSEE and actual driver are jointly and severally responsible for towing truck, parking area, workmanship, part, repair, operating expenses of the vehicle. LESSEE has agreed and undertaken in advance that these situations are not/shall not be under the coverage of comprehensive insurance.
  5. LESSEE is obliged to return information and documents belonging to the vehicle (Motor Vehicle Registration Certificate, Motor Vehicle Traffic Certificate, Insurance Policy, Plates etc.) completely during its return to LESSOR. In case it is failed to return them, lessee shall also pay rental value belonging to period to be elapsed until it finds and brings them (highest value claimed for vehicles at the same class), in case of their loss, it is also obliged to pay all expenses to be incurred for supply of documents and receiving new ones together with rental value regarding days when vehicle is not operated.  
  6. In case the vehicle is seized or arrested by competent authority for any event whether with defect of LESSEE or not, expenditures regarding all kinds of attempts for taking back belong to LESSEE. LESSOR is obliged to pay rental value for the days to be elapsed within this period (highest value claimed for vehicles at the same class).
  7. LESSOR is responsible for periodical maintenance and repair of the vehicle within the rental period. When LESSOR recalls the vehicle for periodical maintenance, LESSEE is obliged to deliver the vehicle immediately. Expenses such as repair, spare parts and tire changing expenses as a result of normal use and wearing belong to LESSOR. On the contrary, repair, spare parts and tire changing expenses as a result of unusual use and accident, damages and losses arising from freezing and failure to move the vehicle as a result of similar events, transport expenses for bringing it to rented place belong to LESSEE, and LESSOR can collect non-operating cost of the vehicle over valid rental tariff. 
  8. Fuel fee belongs to LESSEE. % ratio of fuel on the tank of vehicle when it is delivered by LESSOR, and % ratio of fuel on the tank of vehicle when it is returned by LESSEE are stated in the front side of agreement. If it is taken delivery in the quantity less than ratio of fuel on the tank when it is delivered, the value shall be collected for LESSEE.
  9. Brand of fuel used on the vehicle under the initiative of LESSEE and breakdown expenses arising from fuel shall be borne by LESSEE. LESSEE shall be addressee with and responsible for fuel oil companies regarding covering losses arising from fuel.
  10. LESSOR is not responsible for loss or damage of any goods left or forgotten in or on the vehicle by LESSEE or another person within or before rental period or after return of vehicle to LESSOR, and LESSEE has agreed and undertaken in advance that it releases LESSOR in this issue.
  11. Rental period for one day is based on 24 hours. Weekly or monthly periods are calculated based on 7 days and 30 days. Year is accepted as 365 days.
  12. LESSOR may terminate the agreement at any time without being obliged to pay compensation because of defective actions of LESSEE and also is entitled not to extend expired LEASE relation.
    1. In such a case, LESSEE is obliged to deliver the vehicle to the closest station. If the agreement is terminated because of defective actions of LESSEE, and it is delivered in a place other than city where it is taken delivery, transport fee is collected from LESSEE separately.
    2. If LESSOR terminates the agreement by itself and unless otherwise provided value for unused period from fee paid in advance by LESSEE is repaid to LESSEE. Pledge and deduction rights arising from any loss on the vehicle or another transaction are reserved.
  13. Unless it is agreed in writing between the parties, any addition or amendment can not be made on the agreement.
  14. LESSEE or LESSOR shall be obliged to provide required legal support to each other in the compensation lawsuits which they shall bring against third parties. LESSEE shall assign its litigation and claim rights to LESSOR upon request of LESSOR. Parties shall bear litigation expenses at the ratio of their own responsibilities.
  15. It is forbidden to go abroad with rental vehicle in any manner.
  16. In case of disagreements between LESSEE and LESSOR, Istanbul Courts and Execution Offices are authorized and applicable law shall be Turkish law.
  17. LESSEE may not transfer, assign and pledge rights arising from agreement or vehicle and equipments and tools within the vehicle in any manner and may not use them so as to bring harm to LESSOR and vehicle. In case of infringement of this undertaking, LESSOR is entitled to take the vehicle back from LESSEE immediately without necessity to any notice and decision.
  18. LESSEE shall not be regarded as any representative, attorney, worker, employee or employer of LESSOR because of conclusion of this agreement and LESSEE shall be regarded as an independent person acting on its own behalf. In this respect, covering the all kinds of material and moral compensation claims to be arisen from use of vehicle and to be brought by third parties and penal responsibility belong to only LESSEE. LESSEE agrees in advance that it shall hold harmless LESSOR from all kinds of material and moral claims because of losses incurred by third parties because of actions of LESSEE and it shall undertake them by itself, responsibility belongs to it. LESSOR reserves right to collect such claims through pledge, recourse, deduction and payment instruments on hand.
  19. OGS, HGS etc. passage systems are provided for bridge, highway etc. passages to LESSEE. Aforementioned passages shall be invoiced as passage fee+VAT to LESSEE.
  20. LESSEE agrees and undertakes to pay values written on traffic fine reports for related vehicle with service value without any discount.
  21. In case there is any record difference between lease agreement and delivery form copies, original (first) copy is valid.

Article 2 – PAYMENT 

Total rental amount, additional services and assurance values are collected online through credit card belonging to LESSOR during reservation. Holder of credit card should attend personally during leasing. The leasing can not be made through credit card belonging to others. Pre-provision is blocked at definite ratio according to brand and model of rental vehicle in addition to rental value. (Pre-provision amounting to at least 500 TL can be blocked for economic group vehicles and pre-provision amounting to at least 750 TL can be blocked for middle group vehicles. Provision amounting to at least 1000 TL each is blocked from two separate credit cards (from two different banks) for Mercedes Benz C series and over, BMW 3 series and over premium vehicles. These amounts are minimum amounts, and higher amount can be blocked by office authorities according to criteria such as brand of vehicle, rental period etc. during delivery of vehicle. Therefore, it is required available limit for total value of pre-provision. Pre-provision shall be released if any, after values which are not available on the reservation such as stated additional service, assurances, deficient fuel, damage, fine etc. are deducted at the end of leasing.                                      

Article 3 – INSURANCE 

 

  1. LESSOR insured its vehicles with mandatory financial liability insurance in accordance with Highway Traffic Law.
  2. LESSOR shall ensure its available vehicle to benefit from coverage of comprehensive insurance under Article 3 for LESSEE without obligation of taking out comprehensive insurance from any insurance company.
  3. In case of any accident or damage, in order that LESSEE can benefit from this comprehensive insurance, it is obliged to fulfill following conditions. Otherwise, LESSEE shall be personally responsible for whole damage of vehicle and all kinds of damages to third parties in accordance with related article of this agreement. 
  4. In case any accident occurs, LESSEE is obliged to submit and to notify any technical accident report stating occurrence manner of incident in a detailed manner from the closest competent authority (such as traffic police, local police station within boundaries of city, gendarme out of city etc.), detection report, alcohol report, driving license photocopy and witness name and address and similar documents and information to LESSOR at the latest within 48 (forty eight) hours.
  5. If LESSEE does not have any preventive situation as determined by doctor report, it is obliged to give urgent notice to LESSOR. LESSEE shall not intervene to damaged vehicle by any means. LESSOR always reserves right to claim its loss from LESSEE at the ratio of LESSEE. Loss which shall arise from theft of some things (radio, spare tire, small tools etc.) from vehicle is not covered by insurance and due to the fact that it is under responsibility of LESSEE, LESSEE is obliged to pay it immediately.  
  6. LESSOR undertakes legal responsibility, which shall arise from accidents damaging third parties, at the compensation amount that it benefits from insurance company provided that it remained within the coverage of mandatory financial liability insurance concluded for each vehicle. Legal responsibility over these limits belongs to LESSEE, and LESSOR reserves right of recourse to LESSEE.
  7. All insurances are valid under the scope of period as stated in the lease agreement.
  8. LESSEE is directly and completely responsible for accidents occurring under influence of alcohol and drug, accidents caused by a driver who is not principal defective with accident report or does not have valid driving license and is not registered in the agreement and accidents arising from transported goods or caused by goods.
  9. Maintenance and repair responsibility of the vehicle within the rental period belongs to LESSOR. LESSOR, who fails to benefit from insurance compensation partially or completely because of all kinds of actions and negligence which are not attributable to LESSOR, has right of recourse to LESSEE for uncollected loss and compensation for non-operating vehicle. 
  10. Tire damages and repairs, loss of wheel cover, glass breakage and stolen spare tire and/or tools are not covered by insurance.
  11. Insurance is invalid for the following situations:
    1. While the driver is under the influence of alcohol and drug,
    2. When maximum speed limit is exceeded and it is found defective because of excessive speed in the traffic determination report, 
    3. If driving license is not available,
    4. If there is principal (full) defect,
    5. If Traffic Accident Determination Report, Alcohol Report and documents of other vehicles involving the accident (Traffic insurance, driving license etc.) are received deficiently, if it is failed to provide above mentioned documents, 
    6. If the driver is not registered on the lease agreement,
    7. If it has not been complied with other issues regarding use of vehicle as stated in this agreement,

In case conditions stated in this paragraph realize, LESSEE is personally responsible for whole loss and shall be obliged to pay all kinds of damages to third parties and state property immediately.

 

Article 4 – COMPENSATIONS AND DEFAULT INTERESTS

 

  1. In the event that name and prestige of LESSOR is tarnished because of gross fault and intentional actions of LESSEE other than compensation of any material and moral damage arising from actions of LESSEE contrary to issues as stated in this agreement, LESSEE shall be obliged to pay the compensation at least twice of material damage in addition to such material damage to LESSOR.
  2. Interest ratio to be applied in case of any delay of all kinds of payments is the highest bank interest ratio applied to overnight deposit by Republic of Turkey Central Bank on effective date of the agreement.

 

Article 5 - ANNEXES:

 

ANNEX-1 as mentioned in the agreement and provided in the continuation of this agreement is an integral part of the agreement and it is also deemed to have been agreed by the parties.

 

Article 6 – OTHER ISSUES:

 

  1. In case any change is made in the commercial titles or addresses of the parties, these changes are notified to other party within 3 days. Otherwise, notifications made to title and address as stated in the agreement are deemed to have been made to parties.
  2. Parties agree that all kinds of commercial and professional information belonging to other party which they shall know are confidential in accordance with this agreement, and agree that such information are not disclosed to third parties by contractual parties. This undertaking of confidentiality survives even if this agreement expires or is cancelled.
  3. This lease agreement consists of above written articles and is issued as two copies and agreed and signed by the parties and entered into force in …../……/2..….… 

 

 

 

 

 

LESSOR                                                                                                                            LESSEE 

 

ANNEX-1

If provided rental vehicle service is under assistance scope of comprehensive insurance policy, following rules are valid for the articles as stated in the lease agreement. Evaluation shall be made for agreement conditions other than following agreement articles under the scope of LESSEE's individual comprehensive insurance general conditions and exclusions.

 

Article 1 - GENERAL CONDITIONS 

 

1.         If unsuitable expenses are incurred such as values regarding additional periods in the uses exceeding guaranteed period in the reservation form, unpaid fuel expenses, other insurance expenses (such as driver's personal accident insurance, life insurance, additional driver insurance) out of assurance of comprehensive insurance, Traffic and voluntary Financial Liability insurances provided by rent a car company, driver's expenses, traffic fines, OGS banned passage and remaining the vehicle out of coverage of comprehensive insurance, LESSOR shall not collect them from credit card of the insured without knowledge of assistance company and LESSEE. All provided vehicles should have comprehensive insurance of Rent A Car without exclusion in the reservations to be requested by assistance company. If LESSOR does not have comprehensive insurance of Rent A Car without exclusion, it agrees and undertakes in advance that it shall cover damages which are not covered by Insurance Company. In case of single-sided accidents, in case LESSOR fails to have the report kept, transaction shall be made through declaration.  

2.         Fees such as limitation with driving age, fee of Additional driver etc. in Rent A Car company's own agreements can not be imposed to customers to be directed by the Company. Any additional usage fee can not be claimed and collected from Drivers in the substitution files. However, driving license, identity card and credit card details of specified 2nd or 3rd drivers should be requested.

3.         In case the vehicle is seized or arrested for any event without defect of LESSEE, expenditures regarding all kinds of attempts for taking back belong to LESSOR.

 

Article 2 – PAYMENT  

 

Comprehensive insurance policy regarding provided Rent a Car service is under the scope of assistance and any payment shall not be collected from LESSEE during rental (day) period as specified by authorized units of call center and as written on the agreement. A definite amount shall be blocked by inquiring pre-provision on credit card of LESSEE by rent a car company. When rented vehicle is redelivered by LESSEE, blocked amount shall be released automatically within 10 or 30 days by the bank. But provided that receivable items such as fuel expense caused by LESSEE, extension of leasing (in case vehicle is not delivered at the end of decided rental period, and delivery period of vehicle is extended) or traffic fine, OGS, bridge and similar fines which are possible to be imposed on plate of vehicle later because of defective behaviors of LESSEE are proved and service has been received only between the dates as stated in the agreement, they can be collected from number of credit card as written on the Mail Order form for the guarantee i.e. credit card guarantee letter within knowledge and consent of LESSEE.

 

 

 

 

ANNEX – 2

 

 

Minimum Age

Minimum Driving License Year

Minimum Young Driver Age

Minimum Young Driver's Driving License Year

Economy

21

1

20

1

Comfort

23

2

21

2

Premium

25

3

23

3

 

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