GENERAL RENTAL CONDITIONS
These 'General Rental Conditions' ('Agreement' for short) are based on the VEHICLE DELIVERY FORM and RENTAL CONTRACT signed between the parties. ('Form' for short) is a suffix and an integral part. With this agreement (in short, 'Lessor'), the owner or business owner has rented the vehicle specified in the Form, on the specified dates, to the Tenant whose name and address is included in the Form. The tenant declares and undertakes to use the vehicle subject to this contract in accordance with the conditions (rental period, return time, return station, etc.) and to pay the rental fee in full and on time. By signing this agreement, the Tenant assumes all obligations regarding the leased property. The Tenant agrees that he/she will not refrain from signing the Vehicle Delivery Forms to be issued either during the delivery or return of the vehicle. If he/she does not sign the forms, he/she will be deemed to have unconditionally accepted what is written in the form. If he/she has any objection to the content of the form, he/she will not refrain from signing, but will consult an expert at his/her own expense. He/she accepts, declares and undertakes in advance that he/she may raise his/her objections and claims through having an expertise done.
In case the Lessor detects an action by the Tenant contrary to the provisions of this agreement and the aforementioned law, the vehicle will be returned to the nearest nearest location by the Lessor without the need for any other warning or notice in response to the Lessor's first request. It will be delivered to the branch immediately. Otherwise, the Lessor is obliged to compensate for any material or moral damage suffered by the Lessor. The Lessor reserves the right to terminate this agreement at any time without citing any reason.
1-) The address declared by the tenant in the contract and its annexes is the legal notification address, and unless the address change is notified to the Lessor in writing, all notifications to be made to this address will be made according to the Notification Law. It has been notified in accordance with its provisions and will be deemed valid.
2-) By signing this contract, the tenant acknowledges that he/she has received the vehicle in question in a sound, active and good condition, both mechanically and in terms of bodywork, and that the vehicle is in good condition. The parties agree that it is essential that the vehicle is delivered as stated, any defects that exist in the vehicle at the time of delivery will be stated in the Form, otherwise any defects detected during the return of the vehicle to the Lessor will be deemed to have been caused by the Tenant. The Tenant accepts that there are no signs of damage or accidents other than those defined in the Form at the time of delivery of the vehicle.
3-) The tenant takes delivery of the vehicle together with all documents related to the vehicle, accessories and spare tire, and then returns it to the office where the vehicle was rented or at another location specified in the contract. The Lessor will return it to his office. The tenant may request baby seats, navigation devices, etc. during the use of the rented vehicle. must also pay the additional rental fee for additional services and equipment to be notified by the Lessor in accordance with the provisions of this agreement. In addition, the tenant may request baby seats, navigation devices, portable modems, etc. during the use of the rented vehicle. The additional services and equipment will be returned to the rented office or to the Lessor's office at another location specified in the contract, in the condition in which they were received at the beginning of the rental. The Tenant undertakes to pay the costs incurred in case of damage, malfunction or loss of devices and equipment in cash and in full. The amount to be paid in cash and lump sum is the zero price for the brand/model of the relevant additional product.
4-) Due to usage error and/or carelessness and imprudence in the vehicle which the tenant has received in a sound and good condition; Without being limited to the ones mentioned above, any damage that may occur inside or outside the vehicle, malfunction, any direct and indirect damage arising from both the Lessor and third parties, which requires repair and cleaning of the vehicle due to the vehicle being too dirty to be cleaned under normal washing conditions, but cannot be claimed or collected from the insurance within the scope of traffic insurance rules. The Tenant is solely responsible for indirect losses, damages and penalties.
5-) If the vehicle is due for maintenance during its use, the Tenant is obliged to call the call center, make an appointment with the authorized service and have the vehicle periodically maintained free of charge. The Lessee undertakes to pay in cash and lump sum in cases where the vehicle is not maintained periodically and/or the vehicle is used despite the malfunction warning lights being on, in case of malfunction costs and loss of value, etc.
6-) The tenant must be at least 21 years old and have a 1-year driver's license for economy group vehicles, 25 years of age and a 2-year driver's license for medium group vehicles, and 28 years of age for upper group vehicles. Must be of age and have a driver's license for 5 years. It is possible for those who will use the vehicle other than the Tenant to have completed the period in accordance with the general rental conditions, to be an additional driver, provided that they are notified to the Lessor in writing in advance and/or their information is recorded on the contract and the additional driver meets the same conditions as the Tenant. Otherwise, the Tenant is solely responsible for any direct and indirect damages that may arise both to the Lessor and to third parties.
7-) Turkish citizens are required to present their driver's license and national identity document. These people will be subject to a credit check that they must pass in order to be eligible to rent. People who cannot pass the credit score check according to the criteria determined by the Lessor will not be entitled to rent a car.
8-) At the beginning of the rental, the Lessor collects the deposit fee from the physical credit card registered in the name of the Tenant for the vehicle groups he deems appropriate. There are no cash payment, debit or virtual card applications.
9-) The rental period is minimum 24 hours. For rentals shorter than this period, the rental fee will be calculated as 1 (one) day. The tenant is obliged to pay the daily rental fee in the current price tariff, calculated based on the number of rental days, in cash and in lump sum. Apart from the rental fee, the tenant also;
a) No fee will be collected for extensions up to two hours. For rentals exceeding 26 hours, one day's rental fee will be collected from the customer. If the vehicle does not return on the return date specified in the Vehicle Rental Contract and the rental period is extended, the 'Lessor' reserves the right to change the daily rental prices to be applied.
b) He/she is obliged to pay the one-way fee that may arise at the end of the rental
c) The vehicle is delivered to the tenant with the amount of fuel specified on the 'VEHICLE DELIVERY FORM'. The difference in fuel cost arising from the delivery of the vehicle at a level lower than the fuel amount specified on the 'VEHICLE DELIVERY FORM' and the sum of the service fee to be applied at the rate of 15% of this price
d) Fuel, highway tolls, all kinds of parking and transportation expenses and all kinds of side expenses and expenses related to the use of the leased property and those that will arise after the delivery of the leased property to the Tenant. Since all expenses belong exclusively to the Tenant, he is obliged to pay all fees within this scope.
e) The vehicles have HGS (Fast Pass System) and the tenant will make the payment to the relevant office with the addition of 20% service fee on top of the rental fee. p>
10-) The tenant will make payments by credit card or voucher (current) at the beginning of the rental period. The tenant accepts, declares and undertakes to pay a monthly default interest of 5% (five percent) from the invoice date, in case the rental fee and other fees and legal payments within the scope of the contract are not paid, without the need for any notice or warning. At the beginning of the rental, a security deposit corresponding to the starting amount of the rental will be collected from the Tenant's credit card. The tenant agrees in advance that he will not object to the collection of the rental fee, all kinds of traffic and illegal crossing etc. penalty fees and damage costs.
11-) Moving the return date specified in the contract to a later date is possible with the approval of the Lessor, in addition to paying the rent for the new rental period. It is not possible to extend the rental period without the approval of the Lessor, even if the rental fee is paid. This is a fixed-term rental agreement and at the end of the period, unless the parties expressly agree otherwise, the rented vehicle, product / additional product will be returned to the Lessor without any warning or notification.
12-) The tenant will use the vehicle subject to the contract carefully and in accordance with the Traffic Law and Instructions, and will comply with the traffic rules. The tenant must comply with the Highways Law, Regulation and all relevant legislation. The tenant cannot escape liability by claiming that he was unaware of these obligations as a driver. The tenant is responsible for all legal and criminal costs incurred as a result of illegal behavior. Traffic fines imposed on the relevant vehicle and not paid by the Tenant after the delivery of the rented property to the Tenant will be paid by the Lessor within the legal period, provided that the relevant penalty is notified to the Lessor by the Tenant and/or the relevant authorities, and will be paid at a value equivalent to 20% of the penalty for each transaction (maximum 100 ₺) will be collected from the tenant by applying a service fee. The Tenant shall immediately upon the first written notice, and without the need for a court decision, demand the amount that the Lessor has to pay and the service fee, penalty clause, etc. accepts, declares and undertakes in advance to pay all additional fees under any name.
a) By a driver not specified as an additional driver
b) By pulling or pushing any vehicle
c) In the transportation of passengers or goods for income
d) For use outside the borders of the Republic of Turkey
e) Race, speed determination, rally, durability test, motor sports and on roads closed to normal traffic and unsuitable
f) In terrain conditions and unsuitable road conditions that do not comply with the technical and endurance powers of the vehicle determined by the manufacturer
g) In the transportation of substances contrary to customs regulations and other laws or in illegal works
h) It is strictly prohibited to use it for any illegal purpose, terrorism, matters against the state and the law. If any of these situations are detected, any damages of the Lessor will be covered by the Tenant immediately upon the first written notification. The Lessor reserves the right to terminate the contract
ı) It is strictly forbidden to use the vehicle outside the highways and in a way that does not allow it to receive rescue service
14-) All legally compulsory insurance for the rented vehicle has been taken out by the Lessor. The tenant accepts and undertakes to cover the damage liability and all related expenses without objection in case the vehicle is damaged under the following conditions:
a) If he was under the influence of alcohol and/or drugs and/or sleep-delaying drugs at the time of the accident
b) In cases where legal speed limits are exceeded (the accident detection report states that the accident occurred due to speed) and the vehicle is used in any way contrary to traffic laws
c) In cases where a traffic accident report (agreed report, police or gendarmerie report) is not received
d) If, after the conclusion of this contract, the Tenant loses his/her authority to drive for any reason (capture of driver's license, any disease that prevents driving, etc.), the Rental is immediately rented. He will notify the Giver of the situation and return the vehicle. If the Tenant does not return the vehicle despite not having the authority
e) In case of damage and/or accidents caused by the use of the vehicle by persons other than the Tenant and those specified as additional drivers in the rental agreement
f) The damage amount is not paid in accordance with the general conditions of the automobile insurance policy within the scope of the changes to be made to the legal legislation and relevant regulations by the Undersecretariat of Treasury and/or the Association of Turkish Insurance and Reinsurance Companies. and/or in cases where the insurance company does not pay for any reason
g) General insurance rules apply in case of vehicle theft, and in cases such as theft, which are not considered theft by insurance companies, cannot be included within the scope of insurance, and insurance companies do not pay, the Tenant pays the price of the vehicle and agrees to pay other damages in advance
h) In any accident in which the Tenant is involved with the rented vehicle, if the Tenant is given a penalty due to alcohol, drugs, leaving the scene or not complying with general traffic rules in any way. The Lessor may claim from the Tenant all kinds of direct and indirect damages suffered due to the accident, in addition to the rental fee.
15-) To take the following precautions to protect the interests of the Lessor and the insurance company in case of an accident or damage to the Tenant and the additional identified drivers during the rental period. is liable:
a) To take the maximum security precautions that can be expected of himself, the vehicle and third parties
b) Report, police and/or gendarmerie report, etc. Providing all necessary traffic accident reports and documents and transmitting them to the Lessor
c) Taking a photocopy of the other party's driving license, registration and traffic policies
d) Taking photographs of the crime scene
e) In case of an accident resulting in material, fatal or physical damage, notify the nearest police or gendarmerie
f) To deliver all documents related to the accident to the Lessor within twenty-four hours after the accident occurred
g) Additionally, earthquakes, floods, hail, landslides, lightning strikes, etc. In case of any damage to the vehicle(s) due to natural disasters or possible reasons such as terrorism or chaos, to obtain the necessary reports and documents from the relevant official authorities regarding the damages in question and deliver them to the Lessor within 48 hours at the latest.
16-) The tenant is obliged to park the vehicle in a closed and locked manner to ensure all kinds of security. In order to benefit from theft insurance in case the vehicle is stolen; He is obliged to prove that he has taken the necessary precautions and made the necessary applications to the relevant police authorities by returning the license and key. Otherwise, the Lessee is obliged to pay the current purchase price of the vehicle and other damages in cases where it is not included in the insurance coverage and damage payment is not made by the insurance company. In case of damage caused by loss of license plate, the tenant must pay the cost of re-removal of two license plates and the service fee, and in case of key loss, the key fee determined by the manufacturer, including the service fee.
17-) Material damage and treatment expenses to third parties and passengers in the vehicle are limited to the vehicle's compulsory traffic insurance limits, and all liabilities that are not covered by traffic insurance and liabilities belong to the Tenant, and all damages and losses that can be recoursed to the Lessor due to his capacity as Owner/Operator will be covered immediately by the Tenant upon the first written request of the Lessor, without the need for a court decision.
18-) The Lessor cannot be held responsible in any way for the loss, theft, theft or damage of any property carried or left in the vehicle by the lessee. The Tenant releases the Lessor from any lawsuits, accusations, complaints and damages that may occur as a result of such loss and/or damage and waives these rights.
19-) Since the Lessor does not manufacture the vehicle, it is responsible for all kinds of material and moral damages and losses that may occur as a result of mechanical or manufacturing errors of the vehicle or its spare parts. cannot be held responsible in any way. The Parties agree that the Lessor's liability is limited to the delivery of the vehicle in a fit for use and the performance of the necessary maintenance without interruption.
20-) If the Lessee does not comply with any article of this agreement, especially if he does not deliver the vehicle on the agreed date, the Lessor shall be liable to the Lessor for the said vehicle, wherever it is and at any time. It accepts and undertakes that it has the authority to withdraw it immediately without the need for notice, warning or court decision. The Lessee is obliged to pay immediately upon request for any damage or expenses that may occur during the retrieval of the vehicle by the Lessor. The Lessor is not responsible for the loss or damage of any objects or items in the vehicle during the recovery of the vehicle
21-) The tenant's failure to deliver the vehicle even though the contract period has expired constitutes a crime under the provisions of criminal law, and the use of the vehicle outside the rental period and/or users defined in the contract. He accepts and declares that he is aware that he will not be able to benefit from any insurance, guarantee or legal rights in terms of damage and liability if he drives and/or drives illegally.
22-) Stamp duty and all expenses arising from this agreement belong to the Tenant.
23-) This contract has been prepared in Turkish and English. If there is any difference and/or contradiction between the Turkish and English texts, the Turkish text will prevail.
24-) The Parties shall be responsible for the Lessor's books, documents, statements and telephone, video, audio and computer records in any dispute that may arise from the implementation of this agreement. All kinds of records, including HMK art. He accepts and undertakes that it is conclusive and exclusive evidence in accordance with Article 193. In parallel with this, the Tenant also accepts and undertakes to waive in advance the right to any defense, objection against the above-mentioned and to swear that the Lessor's records are kept properly. This article is in the nature of an evidentiary contract.
25-) A vehicle tracking system has been installed on the rented vehicles so that the Lessor can track the rented vehicle and stop the vehicle and get it back when necessary. The Tenant is aware that a vehicle tracking system has been installed on the vehicle he has rented, that the vehicle is being tracked, and that if he does not return the vehicle on the return date specified in this Agreement and/or in cases deemed necessary by the Lessor while the contractual relationship continues, the location of the vehicle can be determined and the vehicle can be stopped by using this system, and he is aware of this issue. He has agreed, declared and undertaken in advance not to claim any compensation and/or damage under any name or name from the Lessor due to the stopping of the vehicle. The Lessor accepts, declares and undertakes that he will not abuse his authority to follow and stop the vehicle. If the Vehicle Tracking System in question is damaged, dismantled, attempted to be dismantled or intervened in the system in any way due to reasons caused by the Tenant, all damages incurred by the Lessor, including the disassembly and installation of the system and the device fee, will be immediately covered by the Tenant. The Tenant accepts in advance that all interventions made to the Vehicle Tracking System constitute the termination of this Agreement.
+ and accepts irrevocably to be collected from the Tenant's credit card without the need for notification, but not limited to the contract period. Even if this agreement expires or is terminated for whatever reason, this article 26 will remain in force indefinitely.
27-) If both parties are legal entities (otherwise, the provision of this article will not be applied.) The parties, in the Official Gazette dated 07.04.2016 Since it has the title of Data Controller in accordance with the Personal Data Protection Law No. 6698 published, with this awareness, it will show utmost sensitivity in processing and preserving all kinds of personal data of all persons associated with the Parties, including those who benefit from the products and services, in accordance with the Personal Data Protection Law No. 6698. Approval will be obtained for the processing and storage of personal data, and if customers request any information regarding how and for what purpose the processed personal data is stored and protected, it will be responded to promptly in accordance with the law, and all customer information that has the nature of personal data will continue to be duly stored by the Parties. The Parties accept and declare in advance to take all legally required technical and administrative security measures specified in the legislation in order to ensure the security of the personal data stored and processed. The parties accept, declare and undertake that all their activities regarding the processing of personal data they receive and/or collect from each other and for which they are jointly responsible will always comply with the legislation in force. The definition of processing includes any action that may be performed using data, including obtaining, collecting, recording, storing, analyzing, reporting, aggregating, filing, deleting and destroying personal data. The parties are responsible for ensuring that their employees comply with the legislation regarding the personal data for which they are jointly responsible. Although the parties are jointly responsible for any damages incurred by third parties due to the violation of their obligations specified in this article, they reserve the right to take recourse against each other in proportion to their faults in their internal relations.
28-) Regarding personal data, the Lessor shall, in accordance with the provisions of the Law No. 6698 on the Protection of Personal Data, transfer the personal data obtained with this agreement to this Agreement in accordance with the law. It processes, preserves and destroys and/or makes public for legitimate purposes in accordance with the legislation and the policy issued by the company, such as the signature of the company, issuing invoices, tracking sales, rental and other contract processes, tracking financial and accounting transactions and similar legitimate purposes. Lessor's; vehicle, brand, model, license plate, Tenant, user, additional driver, credit card, etc. Sharing such information with third parties and organizations from which it receives service, in accordance with the contract and the law, cannot be considered as a violation of confidentiality. The tenant or the person who signs the return/delivery form accepts this authority of the Lessor in advance. To get more detailed information about the measures our company takes regarding the protection of personal data, the methods and purposes it uses, you can review the company policy published on our website ferancarrental.com. This contract has been prepared in Turkish and English. I acknowledge that I have examined and read the front and back of the contract.
