Rental Conditions
RENTAL TERMS AND CONDITIONS
A- With this vehicle delivery form, the person taking delivery of the vehicle has received the vehicle whose characteristics and license plate are written on the front page, together with the provisions contained in the form and its annex.
B-1) The Lessor (the party delivering the vehicle), as the owner or holder of operating rights, shall make the vehicle available for use for the period agreed in the delivery form, provided that the conditions below are observed. The Lessee (the party taking delivery) declares and accepts that they have first inspected and examined the vehicle and approved it; that the vehicle is sound, undamaged, and free from any defects. In addition, the vehicle is delivered with a spare tire, wheel, jack, all other items required by the highway traffic legislation, the radio equipment in perfect working order, the relevant documents (registration, map, etc.), and all accessories. The Lessee has also received all of these items, which are the property of the Lessor, together with the vehicle.
2) The Lessee shall return the vehicle and its accessories on the written date and time at the place where it was received; however, with the Lessor’s written approval and upon payment of extra charges, it may be returned at a place notified by the Lessee and confirmed by the Lessor, without the need for any notice or warning.
3) The Lessee may not use the vehicle in any of the following purposes or manners, nor allow third parties to use it, even free of charge. The Lessee hereby accepts and undertakes that all liability arising from such uses shall rest solely with them.
I- Transport of any goods whose carriage is deemed an offense under customs laws and other laws of the Republic of Türkiye, and other unlawful situations,
II- Towing or pushing another vehicle or moving/non-moving objects without the Lessor’s permission, or transporting them by loading,
III- In races, speed tests, rallies, endurance trials, motor sports, and on roads closed to normal traffic or that are unsuitable,
IV- Carrying passengers in excess of the number set by traffic rules, or carrying loads and goods outside the luggage area by any means,
V- Carrying passengers or goods for consideration (for a fee), regardless of the form of payment and whether the agreement is written or verbal. The Lessee undertakes to use the vehicle in accordance with the Highway Traffic Law and other relevant legislation from the moment of delivery until its return, exercising all due care and attention.
4) The Lessee must be at least 22 years old and present a domestic or international driver’s license held for at least 2 years. Without the Lessor’s written consent, the Lessee may not allow persons other than those specified in this form to drive the vehicle. If consent is given, all information relating to the identity, driver’s license, and address of the third person who will drive the vehicle shall be recorded on and signed in the delivery form kept by the Lessor. Otherwise, insurance coverage shall be invalid, and the Lessor may forfeit the deposit determined under clause C.
5) The Lessee is responsible for parking the vehicle in a manner ensuring its security, closed and locked. In the event of theft or any damage/loss, the Lessee shall compensate all damages to the delivered vehicle and, in addition, compensate—without any notice—the rental fee calculated at the current rental agreement price for the period until the vehicle is ready to be rented again (maximum 45 days).
6) If, upon return, the Lessee fails to return the official documents of the vehicle (registration, plates, etc.), they are obliged to pay the rental fee calculated at the current rental agreement price for the period until such documents are found and brought back or new ones are issued, as well as the expenses incurred for obtaining replacements in case of loss.
7) In the event that the vehicle is seized by the competent authorities due to any incident, whether or not the Lessee is at fault, the Lessor must be notified immediately. All expenses for any and all initiatives to recover the vehicle shall be borne by the Lessee. In case of late return arising from the Lessee’s fault, the Lessee is obliged to fully compensate the Lessor’s daily loss calculated on the valid rate as of the day the vehicle was rented.
8) During short periods, periodic maintenance of the vehicle (such as lubrication, oil change, etc.) shall be reimbursed to the Lessee against invoices issued in the name of the Lessor. Repairs, spare parts, and tire replacements due to normal use and wear belong to the Lessor. However, repairs, spare parts, and tire replacements resulting from abnormal use or an accident, damages arising from freezing, and transportation costs to bring the vehicle back to the place of delivery if the vehicle cannot move due to similar incidents shall be borne by the Lessee, and the Lessor shall collect from the user any losses incurred due to the vehicle being out of service. Minor repairs that may be necessary out of town shall be carried out after notifying and obtaining approval from the Lessor’s nearest office. Invoices issued in the name of the owner of the vehicle shall be paid to the user.
9) Fuel costs are borne by the user.
10) The Lessee releases the Lessor in advance from any liability for the loss or damage of any property left or carried in or on the vehicle during the rental period, before it, or after its return, and from any expenses related thereto.
11) One day of use corresponds to 24 hours. Weekly and monthly rental periods are calculated on the basis of 7 and 30 days, respectively.
12) The Lessor may terminate the agreement at any time without stating a reason and without being obliged to pay compensation, and without the need to set a notice period; likewise, the Lessor may refrain from extending the term. In case of termination, the user must immediately return the vehicle to the owner, completely and together with the delivery form. In case of breach of this undertaking, the Lessee undertakes to compensate immediately, without the need for any notice or judgment, all kinds of damages of the owner of the vehicle.
The Lessee may not, for any reason whatsoever, avoid paying such compensation by claiming absence of fault.
13) Unless agreed in writing between the parties, any additions or changes to the terms and conditions shall be null and void.
14) In any case, the Lessee and the Lessor are obliged to provide each other with the necessary assistance in pursuing their compensation rights against third parties, to grant each other powers of attorney and to assign their right to litigate in proportion to their rights; litigation expenses shall be shared in this proportion.
15) Vehicles may not be taken abroad without the documentary permission of the owner of the vehicle.
16) For any violations, claims for receivables and compensation, and enforcement proceedings arising from this delivery form between the Lessee and the Lessor, the courts and enforcement offices of Bursa shall have jurisdiction.
17) The Lessee may under no circumstances transfer, assign, or pledge the rights arising from delivery and acceptance, or the vehicle and the equipment and tools inside it, nor use them in a manner that would harm the Lessor. Breach of this undertaking entitles the Lessor to immediately demand the return of the vehicle and requires payment of compensation equal to the value of the vehicle.
C) The Lessee shall deliver to the owner of the vehicle, as a deposit, an amount equal to twice the approximate rental fee calculated according to the tariff determined by the owner of the vehicle and valid on the date of signature, and according to the estimated kilometers to be covered. The final account will be calculated at the end of the rental period and the balance shall be collected immediately from the Lessee. The rental fee may be paid in TRY or in foreign currency calculated at the Central Bank buying rate on the payment date, by credit card, bank transfer/EFT, cash, or traveler’s check. The Lessee may extend the rental period by giving 24 hours’ notice, provided that they obtain the Lessor’s written consent and increase their deposit.
D) In the event of any accident or damage, provided that prior written approval for insurance has been given by the Lessee and the following conditions are fulfilled, a damage deductible shall apply.
1- From the nearest competent authority to the place of the accident (within city limits: traffic police or local police station; outside city limits: gendarmerie, etc.), the Lessee shall obtain and submit to the Lessor, within 48 (forty-eight) hours at the latest, an accident report and determination record detailing how the incident occurred, an alcohol report, and documents and information such as personal name and address.
2- Unless there is a disabling condition confirmed by a doctor’s report, the Lessee must immediately inform the owner of the vehicle of the accident. Under no circumstances shall the Lessee interfere with the damaged vehicle.
3- The Lessee is directly responsible, regardless of fault, for damages to the vehicle arising from the subject vehicle and for any and all damages suffered by third parties for this reason. The term “third party” also includes persons inside the vehicle other than the Lessee. The Lessee agrees and guarantees to hold the owner of the vehicle harmless from any and all claims and lawsuits that may be directed against the owner by third parties and from their consequences. The owner of the vehicle shall not be liable for the damages suffered by the Lessee, and the Lessee irrevocably waives in advance any and all claims and rights of action that may arise for this reason and releases the owner of the vehicle.
4- The owner’s legal liability arising from accidents causing damage to third parties is limited to the coverage limits of the compulsory liability insurance concluded for each vehicle. Any legal liability above these limits belongs to the Lessee, and the owner reserves the right of recourse against the Lessee.
5- All insurances are valid within the period specified in the vehicle delivery form.
6- The Lessee is directly liable for accidents caused by a driver under the influence of alcohol or narcotic substances or who does not have a valid driver’s license, as well as for accidents arising from the goods carried or caused by such goods.
7- The Lessee is unconditionally responsible, up to the limits specified in the brochure, for damages the vehicle may suffer as a result of any kind of accident. This liability may be removed by paying the daily premium.
8- If the fee specified in clause 49A is collected, the Lessor is liable up to the stated upper limit. The Lessee irrevocably accepts and undertakes that under no circumstances will they claim any amount exceeding this limit.
E) The provision in article D of the delivery letter may be applicable if the mentioned insurances of the vehicle exist. The owner of the vehicle has no obligation to insure the vehicle beyond those legally mandatory. The Lessee accepts that they shall not make any claim against the owner of the vehicle on the grounds that the vehicle is not insured under any title whatsoever or that various risks are not covered, and irrevocably waives in advance all rights and claims that may arise for this reason and releases the owner of the vehicle.
Even if such risks are not covered, the Lessee undertakes to compensate all damages the owner may suffer due to the vehicle and to satisfy any and all claims that may be directed against the owner by third parties; if the owner has to make any payment to third parties, the Lessee accepts and guarantees to fully indemnify such amount without any notice or warning.
F) This delivery form, consisting of this page, has been fully read and accepted by the Lessee and signed after the inspection and control explained in clause (B1) has been carried out. The tariff determined by the owner of the vehicle and valid on the date of signature constitutes an integral annex of the delivery form.
G) Notifications made to the addresses declared by the Lessee in this form shall be deemed to have been made to the Lessee.
H) The Lessee accepts the Lessor’s registry books and records as evidence.
