CAR RENTAL AGREEMENT

 This “Vehicle Lease Agreement” (Hereinafter referred to as “Agreement”) is the attachment and inseparable part of the Vehicle Delivery Form (Hereinafter referred to as “Form”) signed by the Parties. By signing this Agreement, (Hereinafter referred to as “Leaser”), is leasing the vehicle of which his proprietorship or possessory is stated in the Form, to the Lessee whose name and address is stated in the Form; as of and between the dates referred to at the Form. Lessee declares and undertakes to use the vehicle in compliance with all the conditions of this Agreement (leasing term, time of return, turning station etc.) as well as relevant Regulations and fully pay the rental fee on time. By signing this Agreement, Lessee undertakes all obligations related to the use of leased vehicle. Lessee accepts, declares and undertakes in advance that he/she will not refuse to sign the Vehicle Delivery Forms to be drafted by the Parties both on delivery and return of the vehicle. In the case of the Lessee’s refusal or failure to sign the Delivery Forms, it will be deemed that he/she unconditionally accepted of the content of those Forms. Lessee’s missing signature on such forms will not be interpreted as his/her objection to the forms and the Lessee hereby agrees and accepts that he/she may only assert his/her objections and claims by a detection (troubleshooting) report prepared within a reasonable time by an expert at the Lessee’s own cost.
Unless address change is notified in writing to the Leaser, the Lessee’s address as stated in the Agreement and/or attachments is the legal notification address and all notifications that sent to that address will be deemed valid and delivered in accordance with the Notification Code no. 7201.

By signing this Agreement, Parties agree that the vehicle was delivered to the Lessee in operating condition and good shape mechanically and in terms of hood; the Delivery Form is the sole basis for the condition of the vehicle in time of delivery and any defects not stated in the form shall be considered to have occurred after its delivery to the Lessee. Lessee accepts the absence of any defects or marks / scratches of accidents during the delivery of the vehicle besides those (if any) stated in the Form.

Lessee shall return the vehicle as he/she had received it, with all relevant documents, accessories, equipments and spare tires, to the vehicle rental station of his/her receipt or if stated in the Agreement, another vehicle rental office of the Leaser. Lessee is obligated to pay the extra fees for his additional requests such as booster seat, navigation equipment and such services and/or hardware, in accordance with the relevant provisions of this agreement.

Lessee is solely liable of any direct and indirect damages, losses and sanctions imposed to either the Leaser of third parties that could not be compensated by insurance that are caused by his/her misuse of the vehicle, carelessness and/or negligence.
Lessee shall be at least 21 (twentyone) years old and own a driving license that has been valid for at least one year before the date of this agreement to rent vehicles in economy group; 25 (twentyfive) years old and driving license valid for two years to rent vehicles in mid-level group, 28 (twentyeight) years old and driving license valid for 5 (five) years to rent vehicles in top group.

Drivers other than the Lessee shall also comply with the aforementioned conditions and shall be notified to the Leaser in writing as additional driver by the Lessee or included in this Agreement. Otherwise, Lessee shall be solely liable of any direct or indirect damages that the Leaser and/or third parties sustain.

Minimum rental term shall be 48 (fourty-eight) hours. For shorter term rentals, rental fee will be calculated for 1 (one) day. Lessee is obligated to fully pay the rental fee in cash, calculated by the daily rental fees in force multiplied by the number of leased days.

Besides the rental fee, Lessee is also obligated to pay;

  • 1/3 (onethird) of the daily rental fee for delays up to 3 (three) hours for each delayed hour; daily fee for a day, for 3 (three) hour or longer delays,
  • One way fee if occurred by the end of leasing,
  • Fuel costs, price difference, and sum of the service fee to be applied as the ratio of %25 of that price, arises from the Lessee’s failure to deliver the vehicle with full tank as delivered.
  • Fuel costs, road tolls, any parking and travel expenses and any other expenses, subsidiary costs that arise from the use of the leased vehicle that will occur after the delivery of the leased vehicle to the Lessee as a result of the exclusive belonging of all expenses to the Lessee within this scope.
  • Lessee shall make the payments at the beginning of the leasing term by credit card, cash or voucher. Lessee accepts, declares and undertakes that the charges will be due and payable on the invoice date and he/she shall pay %5 (five percent) monthly default interest from the invoice date in the case of full or partial non-payment of the rental fee, any other charges within the scope of this Agreement and legal payments, without any notice or warning.

At the beginning of the leasing, a pre-provision amount in response to the initial leasing fee shall be blocked from the Lessee’s credit card. Lessee accepts in advance that he/she shall not object to collection of the rental fees and other charges such as penalty fees, traffic tickets and forbidden transition penalties and damages from the amount spared as pre-provision.

To extend the rental period, the Lessee shall pay the rental fee for the extended days and obtain the Leaser’s approval for extension. Extension of rental period is not possible without the approval of the Leaser, regardless of the rental fee being paid. Parties hereby admit and accept to have a fixed term leasing agreement, at the end of which the vehicle shall be returned to the Leaser without any notice or warning; unless otherwise agreed by the parties.

Lessee shall use the vehicle cautiously and in accordance with the Traffic Laws and Directions, abiding the traffic rules. Lessee is obliged to follow the Highway Law, Highway Bylaw and any related regulations. Lessee may not absolve from responsibility relying on his/her ignorance regarding such laws. Lessee is responsible of any of legal and criminal liabilities and expenses that occur as a result of his/her behaviors contrary to laws. Traffic tickets fined to the leased vehicle after its delivery to the Lessee that are not paid by the Lessee will be paid by the Leaser if such penalty is notified to the Leaser either by the Lessee and/or the relevant authorities within the statutory period and 20 TL (TwentyTurkishLiras) will be added collected from the Lessee as service fee for each proceeding.

Lessee accepts, declares and undertakes to pay the total amount for service fee, penalty fee and any kind of extra fees under any name that Leaser took upon paying; upon first written notification immediately, without a court decision.

Lessee is strictly unauthorized and prohibited from leasing the leased vehicle to any third parties by any means and conditions and/or from having the vehicle used by any third parties without charge; the use of vehicle under the following conditions are also prohibited;

  • By the driver that is not notified as additional driver,
  • For pulling or pushing any other vehicle,
  • For transport of passengers or goods in exchange of any fees,
  • For racing, speed determinations, rallies, soundness trials, motor sports and on roads closed to or improper for traffic,
  • On fields that are improper in terms of technical conditions and lasting powers of the vehicle as determined by the producer,
  • For transport of any illegal substances against customs regulations, other laws or for illegal tasks,

For any tasks that are illegal, serve terrorism, that constitute crimes against the state and that are not in full compliance with the laws. In case any of these circumstances are detected, the Lessee is obliged to pay any and all damage of the Leaser upon his first written notice. Leaser’s right to terminate the Agreement is reserved.
All compulsory insurances regarding the leased vehicle were obtained by the Leaser. Lessee hereby agrees and undertakes to meet the defects liability in case of any damages to the vehicle as listed herein and meet all expenses without protest:

  • If the Lessee is under the influence of drugs, alcohol or sleep retardant medicines during the accident;
  • If the Lessee exceeded legal speed limits (indication in the accident report that the accident occurred due to the speed) and using the vehicle contrary to the laws of traffic in anyway;
  • If there is not traffic accident report after any accidents (the negotiated report, the report of police or gendarme);
  • If the Lessee loses his right and authority to drive due to any reason after the entry into force of this Agreement (suspension of driver’s license, any disease which is obstacle for driving, etc.), the Lessee shall promptly inform the Leaser regarding the situation and shall return the vehicle. In case the vehicle is not delivered back to the Leaser when the Lessee is not authorized to drive;
  • In case of any damage and/or accident resulting from operation of vehicle by persons other than the Lessee and additional drivers stated in this Agreement;
  • In case of non-payment of damages by the insurance firm due to regulatory changes on the general insurance policy conditions of the Undersecretary of Treasury Insurance Association of Turkey and/or any other reason;
  • In case of theft, general insurance policy conditions shall be valid; if the insurance firm does not qualify the situation as theft, the Lessee agrees and undertakes to compensate the cost of vehicle and any other damages in case of non-payment by the insurance firm;
  • The Lessee shall be obliged to fully compensate the Leaser of direct and indirect damages arising from the accident; in addition to the cost of rent, if any penalty was given to the Leaser due to any accidents involved by the Lessee with the vehicle as the Lessee did not fully obey general traffic rules or was under the influence of alcohol, drugs or left the scene of the accident.
  • In case of any accidents during the rental period, the Lessee and any identified additional drivers shall be obliged to take the following measures to protect the interest of the Leaser and the insurance firm;
  • Taking maximum security measures which could be expected for securing themselves, the vehicle and third parties,
  • Providing any necessary traffic accident reports and papers such as report of police and reports of gendarme etc. and promptly notifying these to the Leaser.
  • If possible, taking a copy of the other party’s/parties’ driving licenses, permissions and traffic polices; if not stating this fact by filling out relevant documents.
  • If possible, taking photographs of the scene of accident.

Reporting the accident to the nearest police or gendarme station if any physical, mortal, bodily harm occurred.

Sending all relevant documents to the Leaser within twenty-four hours from the realization of the accident.

The Lessee shall be obligated to park the vehicle closed and locked to ensure the safety of the vehicle. In the case of theft of the vehicle, the Lessee is obliged to prove that he took the necessary measures by returning the key and the license; reporting the incident to relevant safety authorities in order to benefit the Leaser of theft insurance. If not, The Lessee shall be obliged to pay the current purchase price of the vehicle and any other damages that are not included in the scope of the insurance policy and not compensated by the insurance firm.

The physical damage treatment expenses paid to any third parties and passengers in the vehicle are restricted with the limits of the compulsory traffic insurance and all responsibilities and obligations that are not in the scope of the traffic insurance belong to the Lessee; any damages and losses which may be recourse to the Leaser as the owner/operator, shall be met promptly by the Lessee upon the Leaser’s first written request without any court order.

The Leaser shall not be held liable from any losses, theft, filcher or damage of any goods carried with or left in the vehicle by the Lessee. Lessee releases the Leaser from all claims, accusations, complaints and damages that could arise from the aforementioned losses and/or damages and hereby waives any rights.
As a he is not the producer of the vehicle, the Leaser shall not be held liable for any pecuniary losses and intangible damages arising from manufacturing or mechanical defects of the vehicle or its accessories. The parties agree that the Leaser’s liability is limited to the fulfillment of the required maintenance without interruption and limited to the delivery of the vehicle.

Lessee accepts and undertakes that Leaser has the authority to retrieve the mentioned vehicle instantly from anywhere without any notice, warning or court decision if the Lessee breaches any article of this Agreement, especially in case of the Lessee’s failure to deliver the vehicle on the agreed time. Lessee is obligated to pay any possible damages and expenses that may occur during retrieving the vehicle immediately upon the Leaser’s request. Leaser is not responsible of any possible losses or damages of any objects or substances that are found in the vehicle during retrieval.

Lessee accepts and declares that he/she knows that failing to deliver the vehicle in despite of the expired Agreement term constitutes crime in accordance to the penal law provisions, that he/she may not take advantage of any insurance, assurance and legal rights in the meaning of damage and responsibility in the case of the use of the vehicle out of the leasing term and/or by the users that are defined in the Agreement and/or use as contrary to law.

Stamp taxes and any other expenses arising from this Agreement belong to the Lessee.
Parties accept and undertake that any records including but not limited to books, documents, statements and telephone, video, voice and computer records are exclusive evidence according to article 193 of Civil Procedure Code. The Lessee hereby accepts and undertakes that he/she had waived any pleas, objections and rights to ask for “an oath to the Leaser if his registrations are kept accordingly” against the abovementioned records. This article constitutes evidential agreement.


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