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CAR RENTAL AGREEMENT
This “Car Rental Contract” (hereinafter referred to as “Contract”) is the attachment and inseparable part of CAR DELIVERY FORM (hereinafter referred to as “Form”) signed by the parties. With this contract, Mizraklı Oto Kiralama Bilişim Peyzaj Temizlik Ticaret Ltd Şti (hereinafter referred to as "Leaser") rented the car specified in the Form to the Renter with the given name and address on the Form for the specified dates in the Form. Renter accepts and undertakes to use the car in this contract under acceptable conditions (rental duration, return time, return station etc.) and to pay the rental price completely and in timely manner. By signing this contact, Renter undertakes all the liabilities about the rental. Renter accepts, undertakes and agrees not to avoid signing Car Delivery Form when receiving and returning the car, deemed to unconditionally accept the expressions in the Form if s/he refuses to sign the Form, file claims and allegations by an expertise bearing all the related expenses in case of any objections to the Form content.The address declared in the contract and attachments by the Renter is the legal notification address and this address shall be valid for all notifications under Notification Law unless address change has been declared to the Leaser. By signing this contract, the Renter agrees that Renter receives the vehicle in question in good condition and in good condition in terms of both mechanical and bodywork, it is essential that the vehicle is delivered as specified in the Form, any defect existing in the vehicle will be specified in the Form, otherwise the vehicle The parties agree that the Renter will be deemed to have been caused by any shame detected during the return to the Leaser. Renter accepts that there are no other damage or accident marks on the vehicle other than described in the Form. Renter shall return the vehicle, all related documents, accessories and spare tire to the car rental station or to the other Leaser office specified in the contract. Renter shall pay the additional rental price declared by the Leaser for additional service or hardware demand such as child’s seat, navigation device in line with the provisions of this contract. The Renter, shall be the sole responsible party for any direct or indirect damages, losses, damages and penalties arising from the usage error and / or carelessness in the vehicle that the Leaser has received in a sound and good condition, and which cannot be collected from the insurance within the scope of traffic insurance rules. The Renter shall be at least 21 years old and 1 year driver license for economy group vehicles, at least 25 years old and 2 years driver license for middle group vehicle and at least 28 years old and 5 years driver license for upper group vehicles. Drivers other than the Renter shall comply with the general renting conditions, being declared to Leaser as additional driver in the written format and/or recorded on the contract. Otherwise, the sole responsible party from any direct or indirect damages for the third parties shall be the Renter. Minimum rental duration is 24 hours. Rental price for shorter durations from this duration shall be calculated as 1(one) day. Renter shall be liable to pay the total rental fee calculated by the valid price tariff, daily rental fee and number of days in advance. Renter shall pay other than the rental fee;
- 1/3 of daily rental price for delays up to 3 hours and 2-day rental price for delays more than 3 hours,
- One-way free that might arise at the end of renting,
- Fuel, highway tolls, all types of parking and transportation fees as well as all costs arising after delivering to the Leaser such as additional costs.
Renter shall pay with credit card, cash or voucher at the beginning of renting period. The Renter accepts and undertakes to pay the default interest of 5% (five percent) per month from the invoice date, without the need for any notice or notice, in case the rental fee and other contractual fees and legal payments are not paid. Provision accounting for the initial rental fee from the start of renting shall be blocked on the Renter’s credit card. Renter accepts not to object collecting any fine or damages such as traffic fines or illegal toll passes from rental fee created by the provision. Postponing the return date on the contract to a new date shall only be possible with the approval of Leaser in addition to rental fee payment for new renting period. Rental duration extension without the consent of Leaser is not possible even though the rental price is paid. This contract is a time-restricted rental contract and at the end of the contract duration, rental shall be returned of Leaser without any notification unless agreed otherwise. Renter accepts to drive the vehicle in the contract with care, in line with Traffic Law and Instructions and to follow the traffic rules. Renter shall be liable to follow Highway Law, Regulations and all related legislations. Renter shall not waive any liabilities by claiming any lack of knowledge. Renter shall be liable from all legal and punitive costs arising from any behavior against the legislation. After the delivery of the rented vehicle to the Leaser, the traffic penalties incurred for the vehicle and not paid by the Renter shall be paid by the Leaser within the legal period, on condition that the related penalty is notified to the Leaser by the Renter and / or the relevant authorities, and will be collected from the Renter by adding a service fee of 20 (twenty) TL. Renter accepts, declares and undertakes to pay all additional fees including but not limited to fees and service fees, punitive fees paid by Leaser without any court ruling. It is strictly forbidden to rent the rental car or let third parties drive the rental car without any fee as well as using the vehicle:
- By a driver not specified as additional driver,
- Tow or push any vehicle,
- Transport passenger or goods for income,
- In motor sport areas for race, speed detection, rally or endurance detection as well as closed roads,
- Unsuitable terrain where the vehicle cannot withstand due to technical and durability conditions set by the vehicle manufacturer,
- Transporting materials against customs regulations and other legislations or for illegal purposes,
- For any illegal work, terrorism activities and against the state or laws.
When any of these conditions are detected, Renter shall immediately compensate the damages of the Leaser after the first written notice. Leaser shall have the right to dissolve the contract. All legal and mandatory insurance for the vehicle is made by Leaser. Renter accepts and undertakes to take the damage responsibility and compensate the costs arising from the damage of the vehicle under below-mentioned conditions and to immediately return the vehicle to Leaser:
- If Renter is under the influence of alcohol and/or drugs and/or sleep preventing pills during the accident,
- When speed limit was exceeded (if accident report states the accidents is due to speeding) and vehicle is used against Traffic Laws,
- When traffic accident report (mutual official report, police or gendarmerie report) is not taken,
- If Renter losses his/her ability to drive after this contact (confiscation of driver license, a disease preventing driving etc.). Renter not returning the vehicle without authority,
- Any damages and/or accidents arising from someone other than the Renter and additional driver specified in the contract,
- Lack of payment of the insurance policy general terms and conditions pursuant to the damage amount under changes to be made and / or insurance companies in cases under legislation and related regulations by Treasury Undersecretary and / or Turkey Insurance and Reinsurance Companies Association,
- General car insurance rules are valid for car theft and Renter shall agree to pay vehicle price and other damages for other issues such as picking which is not considered as theft by the insurance companies where insurance companies do not make payment.
- If the Renter was fined due to alcohol, drug, leaving the crime scene or not following the general traffic rules during an accident with the rental car, Leaser shall have the right to demand compensation for all direct or indirect damages arising from the accidents.
Renter and additional drivers expressed in the contract shall be liable to complete all the precautions to preserve the interest of the Leaser and insurance company in case of any accidents during rental period:
- Taking the maximum precautions for Renter, vehicle and third parties,
- Obtaining all traffic accident reports and documents such as official report, police and/or gendarmerie report etc. and delivering to Leaser
- Taking the photocopy of the driver license, ID, vehicle license and traffic insurance of the opposite party and to complete the documents,
- Taking the photos of the accident scene,
- Informing the nearest police or gendarmerie when there is material damage, death or injury after the accident,
- Providing all accident-related documents to Leaser without 24 hours,
Renter shall be liable to park the vehicle closed and lock for all the safety. To benefit from theft insurance when the car is stolen, the Renter shall be liable to prove all necessary precautions were taken by returning the vehicle license and key and informing the police. Otherwise, Renter shall be liable to pay the current vehicle purchasing price and other damages that are not included in the insurance and paid by the insurance company. The material damages and treatment costs of 3rd parties and passengers in the vehicle are limited with mandatory traffic insurance limits and all other expensed outside the scope of traffic insurance shall be paid by the Renter and any damages and costs incurred to the Leaser from these individuals shall be immediately paid by the Renter without court order and after the first written demand of the Leaser. Leaser shall not be held liable for the loss, theft, picking or damage of any goods transported with or left in the rented vehicle. Renter renounces all the rights for lawsuits, allegations, claims and damages that might arise from such loss and/or damage. Leaser shall be held responsible from any tangible and intangible losses and damages that might arise from spare part, mechanical part or manufacturer error of the rented vehicle as Leaser is not the manufacturer of the vehicle. Parties agree that the liability of the Leaser shall be limited with delivering the car in suitable conditions to drive and conducting the periodical maintenance. If Renter shall not comply with any provisions of this contract and especially fails to return the car on predetermined date, Renter accepts and undertakes that Leaser has the right to take the vehicle from anywhere without any further notification or court order. Renter shall be liable to immediately pay the damages and costs that might arise from claiming the car back by the Leaser. Leaser shall not be liable from any objects or materials lost or damages in the vehicle after receiving the rental vehicle. Renter accepts and undertakes that failing to return the rental car at the end of contract period is a crime and will not be able to benefit from any insurance, claim or legal rights for damages arising from driving the rental car outside defined rental duration and/or by individuals other than specified in the contact and/or driving the vehicle illegally. Any tax stamp and other costs arising from this contract shall belong to Renter. Parties accepts and undertakes that any records including but not limited to notebooks, documents, declarations, phone, video, audio and computer records shall be certain and exclusive evidence under HKM Article 193 in case of any conflict that might arise in the implementation of this contract. In parallel to this provision, Renter accepts and undertakes to waive the right to object or refute “that Leaser stores the records according to codes of practice”. This article shall act as an evidential contract.