MOTOR LAND TRANSPORT VEHICLE
RENTAL AGREEMENT GENERAL CONDITIONS
1. PARTIES
On the one hand, the central address is Oruçreis Mah. Vadi Cad. The General Conditions of this Motor Land Transport Vehicle Rental Agreement have been signed between AKBIR FILO SOLUTIONS CORPORATE HIZMETLER A.Ş, which is Istanbul Trade Palace No 108 Floor 1 Shop No 65 Esenler/İSTANBUL, and the real or legal person signing this contract on the other side.
2. DEFINITIONS
LESSOR: AKBIR FILO SOLUTIONS CORPORATE HIZMETLER A.S.
TENANT: The natural or legal person who has signed this contract,
USER: The driver specified as the person who will drive the vehicle in the rental agreement/vehicle delivery form,
VEHICLE: The motor land transport vehicle whose brand, model, license plate and other features are specified in the rental agreement and vehicle delivery form and which is rented to be used by the TENANT during the rental period,
GENERAL CONDITIONS: General Conditions of this Motor Land Transport Vehicle Rental Agreement,
RENTAL AGREEMENT: The Motor Land Transport Vehicle Rental Agreement in which the group, brand, model, plate, other features and rental period of the rented vehicle, rental price, scope of assurance and other issues are regulated,
VEHICLE DELIVERY FORM: The form in which the leased vehicle was delivered to the TENANT, its condition at the time of delivery and other issues, and the condition and other issues during the return of the vehicle to the LEASOR,
VEHICLE RETURN FORM: The form in which the rented vehicle is returned to the LEASOR, and the condition at the time of return and other issues are arranged,
DAILY RENTAL AMOUNT: The rent to be paid by the TENANT, excluding all other fees and expenses, for a maximum rental period of 24 hours,
MONTHLY RENTAL AMOUNT: Expresses the rent amount to be paid by the TENANT, excluding all other fees and expenses, for a maximum rental period of 30 days.
3. SUBJECT
The subject of these General Conditions is to determine the rental conditions of the vehicle rented to be used by the TENANT with the lease agreement, the form and conditions of the payment of the rent and other fees determined by the TENANT in return, and the mutual rights and obligations of the parties. 4. USE OF THE VEHICLE
4.1. With the rental agreement, the vehicle has been leased to the TENANT for the duration of the lease, and the TENANT is obliged to use the vehicle in accordance with the rental agreement, the vehicle delivery form and the matters specified in these general conditions, the rental fee and the rental agreement, the vehicle delivery form and the fees specified in these general conditions/ declares and undertakes to pay the prices and to accept all the matters specified in the rental agreement, vehicle delivery form and these general conditions.
4.1.1. The Vehicle Delivery Form will replace the Rental agreement and the Vehicle delivery form in cases where the Rental agreement is not drawn up. In cases where the rental agreement is drawn up, in the event that there is a change in the vehicle, service, fee and other information specified in the rental agreement as a result of the agreement of the Parties during the signing of the vehicle delivery form. , up-to-date information will be arranged on the vehicle delivery form. In case of a difference between the vehicle delivery form and the rental agreement, the information in the vehicle delivery form will be considered valid.
4.2. The vehicle has been delivered to the TENANT by the LEASEE with all its tires, documents of the vehicle, accessories, equipment and tools and its periodic maintenance is complete and complete with the vehicle delivery form. The TENANT accepts that he has received the vehicle in question -except for those specified in the delivery form- in good mechanical and body condition, and that there are no signs of damage or accident on the vehicle.
4.3. The TENANT agrees and undertakes to comply with the terms and conditions written in the vehicle user manual prepared by the vehicle manufacturer, to show the necessary care and attention in the use of the vehicle, to have the necessary maintenance and service services done without interruption, and to ensure that the vehicle is in good condition. The cost of the periodic maintenance of the rented vehicles ( The TENANT shall carry out all periodic maintenance of the vehicles within the rental period, at the kilometers and times specified by the manufacturer's warranty and maintenance card, without making any payment, at the authorized services specified by the LEASOR. In case of emergencies, the TENANT will be able to have the periodic maintenance of the vehicles performed at other services, provided that the LEASOR is informed in advance and receives the approval of the periodical maintenance. If it is done in the service, it will be made by using original or equivalent parts to be determined by the LESSOR.
4.4. The RENTER agrees and undertakes to use the vehicle within the borders of the Republic of Turkey in accordance with the Highway Traffic Law and all relevant legal provisions. In addition, the TENANT will not use the vehicle in the ways described below, without being limited to the ones listed, otherwise it will be responsible for any penalties and all kinds of expenses:
In the transport of passengers or goods for commercial purposes,
Any vehicle etc. pushing or pulling,
In the transport of substances contrary to customs legislation and other laws, or in other illegal works,
By a person who has consumed alcohol or drugs, or by a driver who is not specified as an additional driver,
In motor sports (including speed determination, racing, rally, endurance and speed trials),
In the transport of personal cargo/goods that will damage the vehicle and exceed the loading limit,
Considering the brand and model of the vehicle, places and conditions that are not suitable for the rental purpose (such as mountainous terrain, sand, terrain, creek bed, swamp, etc.) in unsuitable road conditions,
Off the highway and on non-scheduled ferries,
In animal transport.
Penalties to be imposed on the rented vehicle due to non-compliance with the K certificate and the law/law/regulation/legislation/circulars and directives. 4.5. The vehicle will be used by the driver and/or additional driver, who has a valid driver's license to be specified according to the group of the vehicle in the rental agreement and vehicle delivery form, and who has met the qualifications in terms of age limit. The TENANT is obliged to ensure that the additional driver/user specified in the rental agreement and vehicle delivery form fully and completely complies with the rental agreement, vehicle delivery form and general conditions. In addition, the RENTER and the driver are jointly and severally liable for damages and losses that may occur due to the use of the vehicle.
4.6. The TENANT agrees and undertakes not to make any changes to the vehicle without the written consent of the LEASOR. Otherwise, the TENANT is responsible for the reinstating expenses and the damages incurred by the vehicle.
4.7. In the vehicle that the TENANT has received in good condition and in good condition, misuse and/or carelessness, negligence, etc. For reasons (but not limited to those listed, transmission malfunction due to incorrect gear shifting, damage caused by continuing to use the vehicle even though the warning light is on, damage caused by hitting the bottom of the vehicle, damage to components such as tires and rims, malfunctions and damages caused by fuel, etc.) It accepts and undertakes to pay for all damages and losses, including all kinds of mechanical and electrical damages.
4.8. All fuel, parking, hgs, ogs, highway, bridge etc. of the vehicle. tolls, traffic fines, interest and fees belong to the TENANT and will be paid by the TENANT. Even if the rental period ends, the TENANT is responsible for all kinds of penalties issued during the rental period. Even if the penalty receipt is written only on the license plate number without a name and signature, the TENANT agrees to pay the current penalty. ogs, hgs, highway, bridge etc. to be arranged for the vehicle during the rental period. Penalty receipts for toll and parking fees and traffic fines received by the LEASOR will be paid and paid by the LEASOR, and if any, delay interest and ancillary fees, as well as 50 TL (VAT excluded) for each transaction, excluding transit, parking and/or fines. will be collected from the TENANT by adding the service fee. Even if the lease agreement and these general conditions have expired, the TENANT is responsible for these amounts. TENANT, ogs, hgs, highway, bridge etc. The LEASOR cannot demand that the transit expenses and traffic fines be objected to by the LESSOR, cannot avoid paying the fines since the LESSOR has not objected, and cannot make any demands from the LESSOR in this regard. In addition, the LESSOR, parking lot, ogs, hgs, highway, bridge etc. is authorized to collect tolls, traffic fines, interest and ancillary and service fees by deducting them from the TENANT's credit card and/or collateral, without waiting for the end of the rental period and without the need for any permission and notification. This authority of the LESSOR is not limited to the term of the contract, and the LESSEE accepts this authority of the LESSOR in advance.
4.9. The LEASEE shall be determined by the LESSOR in the Rental Agreement according to the vehicle group, as the guarantee of the damages that may arise on the vehicles and the other receivables and other rights of the LEASEE arising from the contract, (provided that it does not mean limiting the amount of damage/damage to be caused by the TENANT and the damage/loss exceeding this amount). without prejudice to the right to collect the damage costs) before the vehicle is delivered to the LEASOR by credit card, according to the LEASOR's choice, or it will be blocked. This security fee will be refunded to the same account if it has been collected from the credit card, 7 days after the vehicle's return date, if the vehicle is delivered to the LESSOR in a complete and trouble-free manner at the delivery place and on time specified in the rental agreement and the RENTER does not have any debts. If applied, the block will be removed. If the vehicles are not delivered in a complete and trouble-free manner on time or the TENANT has rent and/or other debts, the security deposit will be deducted from these receivables without the need to obtain the permission of the TENANT, and the damages and receivables exceeding the security amount will be collected from the TENANT separately.
The LEASEE is authorized to collect the damages and receivables exceeding the amount of this guarantee from the credit card of the TENANT without the need for any permission, judgment or notification, without the term of the contract. 4.10. All debts and liabilities regarding the vehicle as "operator" defined in the laws and "Responsibility of Vehicle Operator" belong to the TENANT, and the TENANT is solely responsible for all material and moral damages caused by the vehicles to third parties and/or motor vehicles and/or the environment. responsible for himself. For this reason, the TENANT shall indemnify all the damages that the LEASOR will have to pay. Even if the Rental Agreement and General Conditions have expired, the TENANT will continue to be liable for damages that occur during the rental period.
4.11. Precautionary lien or injunction etc. against the TENANT, due to his failure to pay the rent and/or other debts arising from the Rental Agreement, Vehicle Delivery Form and General Conditions. In case of demand, the LEASOR accepts, declares and undertakes that it is not required to provide a guarantee.
4.12. After the vehicle is delivered to the TENANT, the TENANT and/or any 3rd party act against the law with the vehicle, the vehicle is involved in any crime or for any reason for which the TENANT is responsible, the vehicle is seized by the Official Authorities or Even if the TENANT cannot drive the vehicle for any similar reason, the rental agreement, vehicle delivery form and general conditions continue with all its terms and results, without prejudice to the LEASOR's right to terminate. The LEASEE may terminate the lease agreement, vehicle delivery form and general conditions of the LEASOR without any notice or warning, and that the LEASOR will incur for this reason, without being limited to towing, transportation, parking, delivery, fines, taxes, fees and the ones listed, if any. It accepts and undertakes that it will pay all direct and/or indirect damages incurred at the first request, in cash and in full, without any objection. The TENANT agrees and undertakes to pay the daily rental fees in full and on time as long as the measure continues, even if the rental period ends. In addition, in the event that the vehicles cannot be sold due to the measures put on the vehicles by the official authorities, the TENANT is responsible for the guarantee, bank letter of guarantee or cash blockage costs and all other expenses that must be given to the official authorities in order to remove the measure.
4.13. The TENANT is obliged to use the vehicle in accordance with the mileage limitation specified in the rental agreement and/or vehicle delivery form according to the vehicle group. In the event that the mileage limit specified in the rental agreement and/or vehicle delivery form is exceeded, the RENTER agrees, declares and undertakes to pay the mileage exceeding fee specified in the rental agreement.
4.14. The TENANT is obliged to return the fuel available in the vehicle's warehouse during the rental as it is received. Otherwise, the LESSOR is obliged to compensate for the losses that will occur due to this and to be determined by the LESSOR.
4.15. Winter tires are offered as an additional product and are chargeable. Winter tires vary by region and branch and are limited to stocks.
4.16. The TENANT agrees and declares that he knows that the vehicle tracking device is installed in the rented vehicle, that the LEASEE can interfere with the vehicle remotely at any time, stopping the engine, locating the vehicle and taking it back. has accepted, declared and committed in advance not to claim for damages or damages. In the event that the vehicle tracking system in question is damaged, disassembled, attempted to be disassembled or interfered with the device in any way due to the reasons caused by the lessee, all damages including the device fee and disassembly of the system suffered by the LEASOR shall be covered by the TENANT. The TENANT accepts in advance that all interventions to the vehicle tracking system mean the termination of this contract.
4.17. In case the odometer breaks down, does not work, or if it is determined that the mileage information has been changed with the intervention of the TENANT, the mileage information in the vehicle tracking system will be considered valid. 5. PRICING AND PAYMENT
5.1.The TENANT is obliged to pay all the prices specified in the rental agreement, general conditions and vehicle delivery form, as well as the fees for the services listed below, without being limited to those listed:
a. The rental price calculated over the number of days rented,
b. Navigation device, baby seat, snow tire, etc. for the rented vehicle. If additional services are requested, the additional fee of these services,
c. If requested; Damage Repair Assurance (CDW), Mini Damage Assurance, Vehicle Theft Assurance (TP), Discretionary Liability (IMM), Personal Accident (PAI), Increased Liability (excess) and Maximum Insurance (SCDW) Insurance premium amounts,
D. Additional rental fee, one-way fee and taxes applied by law, mileage excess, damage/loss compensation fees, service fees, parking, hgs, ogs, highway, bridge tolls, traffic fines that may arise at the end of the rental,
5.2. The TENANT shall make the payments as specified in the lease agreement. In case the rental period is 1 month or less than 1 month, the rental fee will be collected in advance at the signing of the rental agreement. For rentals with a rental period of more than 1 month, the rental fee for the first month will be collected in cash at the signing of the rental agreement, and the rental fees for the following months will be collected in cash at the beginning of each following month. The TENANT declares that in the event of non-payment of the rental fee, rental agreement and general conditions, other fees and legal payments within the scope of the vehicle delivery form, all amounts will be due as of the invoice date without the need for any warning or notice, and will be in default by twice the advance interest rate of the Central Bank of the Republic of Turkey as of the invoice date. accepts, declares and undertakes to pay the interest. Rental agreement, vehicle delivery form and general conditions of the LEASOR are reserved unilaterally.
5.3. The TENANT irrevocably accepts the collection of all other costs arising from this rental agreement, general conditions and vehicle delivery form, without any permission, provision or notification, without being limited to the above-mentioned amounts and those listed, from the credit card without being limited to the contract period. it does. Even if this contract is terminated or terminated for whatever reason, this
5.3. clause will remain in effect indefinitely.
6. INSURANCE AND LIABILITY
6.1. Material damages, treatment expenses and all kinds of other damages caused to other motor land transport vehicles, third parties and passengers in the vehicle, which are outside the scope and limits of the Motor Vehicles Compulsory Financial Liability Liability Insurance coverage of the vehicle rented to the LEASEE. In addition, all responsibilities and liabilities that may occur, including material and moral damages, loss of value and loss of earnings, belong to the TENANT. It accepts and undertakes to pay the LEASOR together with the default interest that will accrue at the rate of twice the advance interest rate determined by the Central Bank of the Republic of Turkey from the date of 6.2. At the time of signing the lease agreement; damage repair insurance (CDW), mini damage insurance, vehicle theft insurance (TP) and discretionary liability insurance (IMM), personal accident insurance (PAI), incremental liability insurance (EXCESS) and mini damage insurance, personal accident insurance (PAI) ) wants to take advantage of the maximum assurance (SCDW) consisting of the increased financial liability assurance (EXCESS) assurance package, it is obliged to pay the costs to be demanded by the LESSOR in addition to the rental price in advance. Any of the damage repair, mini-damage and vehicle theft assurances In the event that the price is paid in advance and requested by the TENANT, the content of the "Land Vehicles Motor Insurance General Conditions" "Casco" content (a) collision of the vehicle with motorized or non-motorized vehicles that can be used on the road or rail, (b) Accidents such as hitting the vehicle with a fixed or moving object as a result of sudden and external effects, or the vehicle hitting such an object, tipping, falling, rolling, (c) acts of third parties with malicious intent or prank, and persons who do not have the capacity to act excluding the guarantees/situations listed in article A.4 titled damages that can be included in the scope of the general terms of land vehicle motor own damage insurance with an additional contract, including the risks of (d) burning of the vehicle, (e) theft or attempted theft of the vehicle or vehicle parts. (referred to as the "general motor insurance general conditions" for short) will be accepted as valid. Since the damage repair guarantee and vehicle theft insurance limit are within the limits determined in the general conditions of the automobile insurance valid as of the damage event/date, provided that it does not exceed the current market value of the vehicle on the date of the damage/incident; All possible damages and material and moral compensations, loss of value, loss of earnings, etc., against the rented vehicle, other motor land transportation vehicles, persons in the vehicle and other third parties outside the scope and/or limits of the aforementioned general conditions. The TENANT cannot benefit from the scope of damage repair and vehicle theft insurance with a declaration, however, in case mini damage assurance is requested by the TENANT, the damages to be incurred on the vehicle due to the damage are within the scope of the general conditions of motor insurance published by the Turkish Insurance, Reinsurance and Pension Companies Association. It can be covered by a declaration limited to a limit to be determined by the lessor. The LEASEE is authorized to determine whether the damage and/or damage is within the scope of damage repair, mini-damage and vehicle theft insurance, and the TENANT accepts, declares and undertakes that it will not object to this determination. If the LEASOR wishes, he is authorized to take out an insurance policy against his own risks arising from the aforementioned guarantees, and the TENANT cannot claim to benefit from these policies and the scope of the guarantee. shall be liable for any possible damage to the transport vehicles, the driver, the persons in the vehicle and third parties, which are outside the scope and limits of the insurance policies for which he has paid the price. In addition, the TENANT may demand vehicle theft, damage repair, mini damage, maximum guarantees and optional financial liability, personal accident and increased liability (EXCESS) insurances, even if they have paid their prices, without being limited to those listed below, under the conditions stated below, accepts to meet the liability of damage/damage and related compensation, damages and expenses without objection in case the driver, persons in the vehicle and/or other third parties and/or other vehicles are damaged. a. In cases where it is determined that he was drunk and/or under the influence of drugs at the time of the accident,
b. In cases where the traffic accident record is not issued and the alcohol report is not received,
c. Traffic accident report, alcohol report, photocopy of license of the vehicles involved in the accident, photocopies of traffic insurance policies, photocopies of driver's licenses, eyewitness report, statements and other documents requested by the LEASOR shall be fully and completely completed within 3 days at the latest from the date of the accident. if a cannot be presented,
D. Traffic laws and/or 4.4. In case of intentional accidents, in case of using a vehicle contrary to the matters listed in the article,
to. In accidents and/or damages that occur as a result of the use of the vehicle other than the TENANT and the driver(s) determined as an additional driver in the rental agreement,
f. In cases where damage and loss amounts are not paid for any reason and/or insurance companies do not make payments for any reason, in accordance with the general conditions of the Compulsory Liability Liability Insurance and/or automobile insurance policies of the Association of Insurance and Reinsurance Companies of Turkey. In order to benefit from the aforementioned guarantees, the TENANT must submit the documents specified in subparagraph (c) to the LEASOR in full. Otherwise, these guarantees cannot be benefited from, and the LESSOR is also authorized to request and collect the rental fees for the period up to the date of submission of these documents in full and in full.
6.3. The RENTER and additional drivers are obliged to take the following precautions in case of an accident:
a. To immediately inform the LESSOR by calling the Emergency Help Lines at 0212 672 16 40, 0549 438 49 40, 0549 438 49 41,
b. By applying to the nearest Police or Gendarmerie center without moving the vehicle, ensuring that the accident, damage, theft, loss detection report and alcohol report are received,
c. If possible, take photos of the vehicle at the scene of the accident,
D. To obtain the names and addresses of the relevant persons and witnesses,
to. Receiving the photocopy of the driver's license, license and traffic insurance policies of the party(s) in double-sided accidents, and in cases where the photocopy is not possible, to obtain information (license number, province in which it was issued, traffic insurance policy numbers and the name of the insurance company, etc.),
f. Not accepting non-existing fault responsibility,
g. Not leaving the vehicle without taking adequate safety precautions,
h. In case of an accident resulting in material, fatal or bodily harm, immediately notify the nearest police officers or relevant authorities,
I. To deliver the accident notification and related minutes and reports to the LEASOR within 24 hours at the latest,
6.4. If the TENANT does not receive the above-mentioned assurances or does not pay the costs partially or completely, against the vehicle, the driver, the persons in the vehicle, other motor land transport vehicles, third parties, arising from and / or to be born due to the accidents involving the motor land transport vehicle subject to the lease. The TENANT is responsible for any damage, loss, compensation, loss of value and loss of earnings, and the TENANT is obliged to pay these costs. 6.5. In the event of an accident, the LEASEE will block a pre-authorization against the amount of damage and compensation (without limiting the amount of damage and compensation to be given by the LEASEE, without prejudice to the right to collect the damage and compensation amounts exceeding this amount) from the credit card of the LEASEE. The TENANT agrees in advance that he will not object to the collections of rent, damage, loss and compensation made with pre-authorisation.
6.6. In the event that the TENANT receives theft assurance, he is obliged to take the necessary measures to prevent thefts in order to benefit from this assurance. The TENANT has to prove that he has taken the necessary precautions by returning the license and keys of the vehicle in case of any theft, and must submit the official report regarding the theft by making the necessary application to the security authorities. In case the vehicle or any part of the vehicle is stolen while it is on the lease, all necessary reports will be provided by the TENANT and submitted to the LEASOR. In case the reports are not submitted by the TENANT within 3 working days or they are not within the scope of the insurance/insurance general conditions of the Association of Turkish Insurance Reinsurance Companies in force at the time of the event (for example, without being limited to those listed, leaving the key on the vehicle and/or the vehicle's parking lot/invoice without a receipt/invoice). In cases where such insurance companies do not qualify it as theft, the TENANT shall immediately pay the LESSOR the current purchase price of the vehicle or vehicle parts/equipment. For the period until this payment, the LEASOR reserves the right to demand rent from the TENANT. In addition, the LESSOR reserves the right to claim the damages incurred. In the event that the TENANT does not receive the theft assurance, in the event that the vehicle or any part of the vehicle/equipment is stolen while it is on rent, the TENANT is obliged to pay the current purchase price of the vehicle and the vehicle part/equipment immediately.
6.7. The TENANT, along with the rental agreement and/or the vehicle delivery document, receives the goods specified in the rental agreement and/or the vehicle delivery document, such as snow chain, navigation, baby seat, etc. is responsible for the preservation of additional products and documents, tools, equipment and accessories of the vehicle. These products are not within the scope of damage and theft insurance and in case of damage/damage, loss or theft, the current purchase price shall be paid by the TENANT to the LEASOR immediately, in cash. 6.8. The LEASEE cannot be held responsible for any loss or damage, theft or theft of any property carried or left in the vehicle by the TENANT in any way. The RENTER irrevocably releases the LESSOR from any lawsuit, accusation, complaint and damage that may occur as a result of the loss, theft or damage of the aforementioned type.
6.9. The LEASER is not the manufacturer of the vehicle and cannot be held responsible in any way for damages, losses and compensations that may occur due to the manufacturing defect of the vehicle or its spare parts.
6.10. If the vehicle is used outside of the rental period and/or outside of the drivers specified in the rental agreement or in violation of the law or the rental agreement and general conditions, the above-mentioned assurances are invalid even if the price/s are paid by the RENT, and the TENANT cannot benefit from insurance, assurance and legal rights. .
6.11. The LESSOR is not responsible for any damages that may occur due to the vehicle being out of service.
7. RETURN OF LEASED CARS
7.1. In the event that the TENANT wishes to return the rented vehicle early, it is at the LEASOR's discretion whether to make a refund or not. In this case, the LEASOR, the campaign etc. has the right to claim the deserved awards and services or the cost of these by taking advantage of the advantages.
7.2. The TENANT receives the vehicle, spare wheel, all tyres, documents belonging to the vehicle, accessories, additional products and equipment and tools as well as to the return address of the LEASOR specified in the rental agreement and/or vehicle delivery form, in the rental agreement and/or vehicle delivery form. The specified return day / time and place will be returned and delivered completely and undamaged. If the TENANT delivers the vehicles to an address other than the addresses required to be delivered, with the written approval of the LEASOR, he/she will pay the one-way fee to be determined by the LEASOR.
7.3. The RENTER has to deliver the vehicle documents, accessories, additional products and equipment undamaged and completely as received. The TENANT is responsible for all kinds of damages and losses that occur outside of the usual use detected during the return of the vehicle, and the TENANT is obliged to pay the amount to be determined by the LEASOR immediately. In addition, the LEASOR has the right to examine the damage and deficiencies in the vehicle in detail within 30 days from the delivery date and notify the TENANT. The fact that the vehicle delivery form/report has been prepared during the return of the vehicle does not mean that the LESSOR has waived this control and notification right. The TENANT shall be responsible for all kinds of damages and losses incurred in vehicles other than ordinary use. 7.5. In addition, if the vehicle is not delivered on the return date and time, the TENANT shall pay 1/3 of the daily rental price for delays of 1 hour or more, 2/3 for delays of 2 hours and more, and 1 full day for delays of 3 hours or more. fee and 24 hours or more delays will be liable to pay the highest daily rental fee for that vehicle for each day. In this case, the TENANT is also obliged to pay all kinds of damages that will occur, including those arising from the disruption / disruption of the reservation plan of the LEASOR. In addition, this issue cannot be interpreted as the extension of the lease agreement or the fact that it has become indefinite.
8. RIGHT TO TERMINATION, END OF THE AGREEMENT
TERMINATION AND PENALTY CONDITION
8.1. These general conditions, rental agreement and vehicle delivery form will come into effect from the date of signature, and will automatically terminate without the need for further notification, when the leased vehicle is delivered to the LEASOR in accordance with the provisions of the rental agreement, vehicle delivery form and general conditions. Even if the contract is terminated, the LESSOR is authorized to claim its rights arising from the lease contract, general conditions and vehicle delivery form.
8.2. The LESSOR, if it deems necessary, has the right to terminate the rental agreement, general conditions and vehicle delivery form without any reason, without any notice, warning or judgment, without prejudice, unilaterally and without compensation, during the rental period.
8.3. In the event that the TENANT does not comply with any or all of its obligations and commitments in the lease agreement, general conditions, vehicle delivery form partially or completely, the LEASEE without the need for any notice, warning or provision, the lease agreement, general conditions and vehicle delivery form are pre-emptive and unilateral. has the right to terminate.
8.4. If the LEASEE leaves the trade, applies for concordat, starts enforcement proceedings against him by any means, has difficulty in paying, has applied for liquidation or bankruptcy, or has applied to the court with a request for bankruptcy suspension, or if the rent or any of the LEASOR's receivables arising from this contract In the event that the vehicle is not paid in full and in full on time or the vehicle is abandoned anywhere (at the discretion of the LESSOR), the lease agreement, general conditions and vehicle delivery form shall be terminated automatically without any notice, warning or judgment.
8.5. From the date of termination of the lease agreement and general conditions, the TENANT shall deliver the vehicle to the LEASOR within 3 hours at the latest at the delivery place specified in the lease agreement and/or vehicle delivery form. If he fails to deliver, the TENANT accepts that the LEASOR takes delivery of the vehicle at its location, without the need for any notice, warning or decision, in advance. The TENANT agrees, declares and undertakes that the LEASOR will not claim any rights from the LEASOR due to the exercise of its right of seizure, and that it waives all lawsuits, complaints and other rights.
8.6. The TENANT accepts and undertakes that all obligations and responsibilities arising from the rental agreement, general conditions and vehicle delivery form will continue as is until the day the vehicle is delivered by the TENANT or taken over by the LEASEE, and that the LEASOR will be freed from all obligations and responsibilities. it does.
8.7. Regardless of whether the vehicle is delivered by the TENANT or taken over by the LEASOR, regardless of whether the vehicle is delivered or received, the TENANT includes all of the rental fees, the delay fees specified in article 7.5, the VAT to be incurred and 5% per month, until the end of the rental agreement. It accepts and undertakes to pay with the interest to be accrued at the rate (including VAT). In addition, the LEASEE may demand all kinds of damages and compensation from the TENANT.
9. TRANSFER, ASSIGNMENT, SUB-TENANT, PRISON PROHIBITION
The TENANT cannot transfer or assign the lease agreement and general conditions to another person without the written consent of the LEASOR; He cannot in any way allocate the vehicle delivered to him for the use of another person, show it as a guarantee, rent it, exercise the right of lien on it, or take any other similar action. The vehicle cannot be taken abroad without the written approval of the LESSOR. In the event that written approval is obtained, all costs and responsibilities for going abroad will belong to the TENANT. The LEASEE may transfer the lease agreement, general conditions, vehicle delivery form and/or its rights, receivables and obligations arising from them to another person without obtaining the permission of the TENANT, and/ or can assign.
10. CRIMINAL LIABILITY
The TENANT undertakes to return the vehicle belonging to the LEASOR immediately at the end of the rental period, or within 3 hours from the date of termination in case the lease agreement, general conditions and vehicle delivery form are terminated for whatever reason. He declares that he knows he will have committed the crime of breach of trust. 11. EVIDENCE
The TENANT agrees and undertakes that in case of any dispute, the LEASOR's books and records will be taken as the basis, that the LEASOR's books and records are conclusive and conclusive evidence within the meaning of Article 193 of the HMK, and that he will not object to the LEASOR's records in any way.
12. PRIVACY POLICY
The LEASEE and the LEASEE agree that all commercial and professional information of the other party to which they will be found in accordance with the lease agreement, general conditions and vehicle delivery form is confidential and undertake not to disclose this information to third parties by the said parties or their employees during and after the contract. RENT, personal information, credit card, etc. consents to the storage of the information by the LESSOR. This confidentiality commitment remains valid even if the lease agreement and these general conditions are terminated or cancelled. LESSOR's vehicle, brand, model, license plate, TENANT, user etc. It cannot be considered as a violation of confidentiality. In addition, the TENANT accepts and declares that the LEASOR will save his personal information and send all kinds of commercial electronic messages, including sms, mms, e-mail, for advertising, marketing and information purposes related to products, services and campaigns, and to be contacted using other communication tools.
The TENANT is liable to pay any damages incurred by the LEASOR in case of breach of this provision.
13. DISPUTE RESOLUTION
In all disputes between the parties, the Laws of the Republic of Turkey will be applied and ISTANBUL Courts and enforcement offices will be authorized to settle the disputes.
14. CHANGE
Any changes or additions to these terms and conditions are void if not written.
15. NOTICE
The addresses, e-mail addresses, fax and gsm numbers written in this contract and vehicle delivery form are valid in the notifications or notifications sent by any of the parties to the other party. Unless the change of these addresses is notified to the other party in writing through a notary public, notifications to these addresses will pay off the notification. Notifications to be made to the e-mail addresses of the parties are deemed to have been served on the next day of the notification.
16. STAMP TAX
The Stamp Duty arising from the rental agreement, vehicle delivery form and general conditions will be paid by the LEASOR and will be invoiced to the TENANT.
17. NO WAIVER
The LEASOR's failure to exercise or delay in using any right or power granted in these general conditions, rental agreement, vehicle delivery form does not mean that he waives that right or power, and the sole or partial use of a right or power does not mean that he or any other right or power is exercised. does not prevent the later use of the authority.
18. ENTIRE AGREEMENT
If any provision in these general conditions, rental agreement, vehicle delivery form is deemed invalid for any reason or becomes inapplicable, the other provisions of the agreement will remain in effect.
19. ATTACHMENTS
Rental contract/s, vehicle delivery form/s, vehicle return form/s, PAYMENT INSTRUCTION FORM (Mail-Order) by CREDIT CARD, both signed together with these general conditions and signed after the signing of these general conditions, are an integral part of these general conditions. will be interpreted together.
All conditions of these general conditions, consisting of 19 articles and
after receiving service or placing an order using the system
From now on, this contract enters into force between the parties indefinitely.
In disputes that may arise regarding this contract
First of all, the provisions in this contract, and in cases where there is no provision, T.C. Laws will be applied.
Istanbul Courts and Enforcement Offices are authorized to resolve any disputes that may arise from the implementation of this contract.
