CAR RENTAL AGREEMENT
With this agreement lessor REPLEASE TOURISM AUTOMATIVE IND. AND TRA. INC. (Hereafter called as Avec Rent A Car or LESSOR) leased the vehicle (hereafter called as VEHICLE) described in this rental agreement to the LESSEE whose name and address is given. Lessee agrees to use the vehicle in accordance with the terms stated in this agreement and pay for leasing term, return center, rental fee, etc., and accept general current leasing terms. Signing the agreement, lessee accepts all the personal obligations and the ones arisen due to him/her. All the notices sent to the address declared by the lessee will be considered valid.
1) Lessee accepts, declares and undertakes that the documents and declarations presented during the contract are completely correct, that it does not give false information and does not hide any information that may affect the contract. The address that the tenant declares in the contract and its annexes is the legal notification address and all notifications to this address unless notified in writing to REPLEASE shall be notified and validated in accordance with the provisions of the Notification Law. Unless address change is notified in writing to REPLEASE, 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
2) By signing this Agreement, Parties agree that the vehicle was delivered to the Lessee in operating condition and mechanically in good shape; the Delivery Form is the sole basis for the condition of the vehicle in time of delivery and any defects not stated in the from 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 (if any) stated in the Form will pay all damages that will occur due to the demand immediately.
3) Lessee shall return the vehicle, the key, all documents, accessory tools with the spare tire, or the vehicle to the leased branch or to REPLEASE branch at the place specified in the contract. The tenant is obliged to pay the official documents of the vehicle (Traffic certificate, Registration certificate, Insurance, Licence Plates) and the expenses to be made for receiving the new ones until the delivery to REPLEASE. Lessee shall return the vehicle as he/she had received it, with all relevant documents, accessories, equipment’s and spare tires, to the vehicle rental station of his/her receipt or if stated in the Agreement, another vehicle rental office of REPLEASE.
4) Lessee is obligated to pay the extra fees for use of the leased vehicle will request additional driver, requests such as booster seat, navigation, Wi-Fi device equipment and such services and/or hardware. The additional services and equipment to be notified by REPLEASE shall also be paid in accordance with the provisions of this Agreement.
5) Lessee is solely liable of any direct and indirect damages, losses and sanctions imposed to either REPLEASE of third parties that could not be compensated by insurance that are caused by his/her misuse of the vehicle, carelessness and/or negligence, imprudence etc. reasons (including but not limited to, transmission failure due to incorrect gear change, damage caused by the continued use of the vehicle with the warning light on, damage to under the vehicle, cigarette burns, tears, stains, etc. damage to parts such as tires and wheels, damage caused by fuel, etc.) accepts and undertakes to pay all damages; including mechanical and electrical. All damages, including mechanical and electrical, are beyond the scope of automobile insurance. In the determination of any repair that will be evaluated outside the scope of the warranty, only the technical service and / or the vehicle manufacturer / distributor company’s technical report will be considered valid.
6) Driving Licence and age requirements
a) Lessee shall be at least 21 (twentyone) years old and driving license valid for at least two year to rent vehicles in economy group; 24 (twentyfour) years old and driving license valid for 3 (three) years to rent vehicles in mid-level group, 26 (twentysix) years old and driving license valid for 4 (four) years to rent vehicles in intermediate and premium groups, 27 (twentyseven) years old and driving license valid for 5 (five) years to rent vehicles. Only 1(one) additional driver can be defined for a vehicle. In case the age and driving license of drivers are not suitable according to vehicle groups, “Young Driver Package” can be purchased for determined conditions and prices. Young Driver Package provisions are not applicable for premium group vehicles.
b) The driver must have completed the age limit and the license period specified in the general lease and conditions.
c)The vehicle may be used by the drivers who are notified by the tenant at the beginning of the lease and whose names are registered on the contract and who meet the conditions defined in (a), (b).
d)Any changes to be requested regarding the insurance coverage after the beginning of the lease period are possible after renewal of the contract after providing the necessary controls by REPLEASE officials in the nearest location
e) Lessee can not give hired vehicle to third parties/companies. If this situation known or detected, 14. And 22. Matters will be activate. Only Lessee may drive rented vehicle unless additional driver added. If Lessee gives the rented vehicle to third party/company, according to 14. And 22. matters, REPLEASE may seizure the vehicle without any warning. If this violation happens any insurance of vehicle will be invalid. According to this violation, Lessee will be completely responsible
7) The minimum charge may not be less than 1 day rental term 24 (Twentyfour) hours. For shorter term rentals, rental fee will be calculated for 1 day. Lessee is obligated to fully pay the rental fee, calculated by the Daily rental fees in force multipled by the number of leased days. Rental fees are calculated by dynamic system which based on occupancy, so daily rental fees may shown changes.
Besides the rental fee, Lessee is also obligated to pay;
a) REPLEASE shall be tolerant 2 (two) hours delay and not charge any extra for delay. If delay period after 2(two) hours or more, Lessee will be charged full one day rent cost of vehicle.
b) One way fee if occurred by the end of leasing,
c) Fuel costs, price difference, and some of the service fee to be applied as the ratio of %25 of that price, arises from the Lessee’s failure to delivery the vehicle with full tank as delivered.
d) Fuel costs, toll fees, any parking and travel expenses and any other expenses, subsidiary costs that arise from the use of the leased vehicle that will ocur after the delivery of the leased vehicle to the Lessee as a results of the exclusive belonging of all expenses to the Lessee wthin this scope.
8) In case of damage to the rental car with CDW insurance, which is included in the daily car rental price within the scope of exempted insurance, in the case of damage to the rental process, the economic group will have 1500 TL in vehicles, 2.000-TL in medium group vehicles, 3.000-TL in upper group vehicles and 5.000 TL in premium group vehicles are the responsibility of the Lessee. This responsibility, whose exemption limits are stated, should be provided by the Lessee for the damage documents and should be submitted to REPLEASE in full. If the requested documents are incomplete or not delivered, the entire damage fee must be covered by the Lessee in the contract. Guarantees to be included in the contract provided that additional fees are paid are explained below.
• Tiny İnsurance Coverage: Which can be purchased and it covers loss or damages up to 750 Turkish Liras without the need of the reports which must be obtained from legal authorities such as police or gendarme. Renter’s written statement of the incident is adequate. Damage to tire, head light, windshield, underside, interior, roof are not covered. If the damages more than 750 Turkish Liras; the Lessee is responsible for obtaining a police report. Without a police report the client takes full responsibility.
• Enlarged Insurance Coverage: Which can be purchased and it covers loss or damages up to 1500 Turkish Liras without the need of the reports which must be obtained from legal authorities such as police or gendarme. Renter’s written statement of the incident is adequate. Damage to tire (only one), head light, windshield are covered but underside, interior, roof are not covered. If damages more than 1500 Turkish Liras; Lessee is responsible for obtaining a police report. Without a police report the client takes full responsibility.
9) Lessee shall make the payments at the beginning of the leasing term on date of pick-up time for rental cost and additional services during the rental period and the following costs will be paid by credit card or wire transfer / swift at the end of the lease. 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.
10) For extention of the rental period, the Lessee shall pay the rental fee for the extended days (Extended day fees may shown changes up to occupancy) and obtain REPLEASE's approval for extension. Extension of rental period İs not possible without the approval of REPLEASE, 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 REPLEASE without any notice or warning; unless otherwise agreed by the parties.
11) Lessee shall use the vehicle cautiously and in accordance with the Traffic Laws and Directions, abiding the traffic rules, Lessee is obligated 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 that are not paid by the Lessee will be paid by REPLEASE if such penalty is notified to REPLEASE either by the Lessee and/or the relevant authorities within the statutory period and 20 TL (Twenty Turkish Liras) will be add collect 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 REPLEASE took upon paying; upon first written notification immediately, without a court decision.
12) In order to take aproval for deposit, the credit card should be allowed to "mail order" transactions. Accepted methods of payment Mastercard and Visa Credi Card are accepted. Security Deposits for each rental a credit card Visa and Master Card is required. The deposit ranges from 175 EUR to 750 EUR plus the cost of rental depending on vehicle class. Validity of the credit card must be at least end of rental plus 90 days. REPLEASE, Pre-authorization will be charged/ blocked 175 Euro, at least 250 Euro for economy and compact categories, at least 300 Euro for upper group vehicles and at least depends of vehicle models 500 Euro for premium group vehicles. If necessary, at least 250 Euro blockage will be applied for each of the two different credit cards of the different banks belonging to the Lessee for the upper group and above. Debit Cards, cash and other debit cards, travelers checks and Euro checks are not accepted at any time. The security deposit/bond is deducted from your credit card.Cash cannot be used for the deposit, or payments of the rental.The Pre-authorization amounts are set as the lower limit and the blockage amounts above these figures can be requested by REPLEASE. REPLEASE has the sole say in determining the vehicle groups and reserves the right to make changes to the pre-authorization amounts and vehicle groups at any time. Pre-authorization amount will be received at the beginning of the rental agreement. And this pre-authorization will be used for collecting all kinds of traffic penalty, highway toll fee, parking fee, vehicle withdrawal fee and all damage / loss charges. The tenant accepts, declares and undertakes in advance that it accepts this transaction to be made from the credit card and will not object in any way.
13) ) Vehicle mileage limits are limited to 400 km per day and 4000 km per month in economic and medium group vehicles; 300 km per day and 3000 km per month in premium group vehicles. In case of reaching the monthly km limits within the lease period, the contract will automatically terminate without any notice and warning. The Lessee agrees, declares and undertakes in advance that the monthly kilometer limits shall be returned to REPLEASE immediately and the car will be paid to REPLEASE for the entire rental period until the end of the lease period. One month as stated in this article shall be evaluated over 30 days. The 0,15 – 1,5 TL+tax will be paid by the Lessee for each km that exceeds the limit within the period between the filling of the kilometer limit and the delivery of the vehicle to REPLEASE. The tenant agrees, declares and undertakes that he / she will also pay the maintenance expenses that will arise due to the kilometer overage.
14) 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;
a) By the driver that is not notified/ unrecorded as additional driver,
b) For towing any other vehicle,
c) Transportation of any passengers, any goods, etc… in consideration of fee,
d) Racing, speed determinations, rallies, soundness trials, motor sports and on close traffic roads or improper for traffic,
e) On fields those are improper in terms of technical conditions and lasting powers of the vehicle as determined by the producer,
f) For transport of any illegal substances against customs regulations, other laws or for illegal tasks,
g) For any tasks that are illegal, serve terrorism, that constitute crimes against the state and those 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 REPLEASE upon his first written notice. REPLEASE has right to terminate the Agreement is reserved.
15) All compulsory insurances regarding the leased vehicle were obtained by REPLEASE. 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:
a) If the Lessee is under the influence of drugs, alcohol or sleep retardant medicines during the accident;
b) 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;
c) If there is not police report after any accidents
d) If he 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 REPLEASE regarding the situation and shall return the vehicle to REPLEASE.
e) In case of damage and accidents occurring out of the time specified in the lease contract, 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;
f) 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;
g) 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;
h) The Lessee shall be obligated to fully compensate REPLEASE of direct and indirect damages arising from the accident; in addition to the cost of rent, if any penalty was given to REPLEASE 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.
16) 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 REPLEASE and the insurance firm;
a) Taking maximum security measures which could be expected for securing themselves, the vehicle and third parties,
b) Providing any necessary traffic accident reports and papers such as report of police/gendarme etc. and promptly notifying these to REPLEASE,
c) Lessee must, 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.
d) Lessee must, taking photographs of the scene of accident.
e) Reporting the accident to the nearest police or gendarme station if any physical, mortal, bodily harm occurred.
f) Sending all relevant documents to REPLEASE within twenty-four hours from the realization of the accident.
17) The Lessee shall be obligated to park the vehicle closed and locked to ensure the safety of the vehicle. In case of theft of the vehicle, the Lessee is obligated to prove that he took the necessary measures by retuning the key and the vehicle registration papers; reporting the incident to relevant safety authorities in order to benefit REPLEASE of theft insurance. If not, The Lessee shall be obligated 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.
18)The physical damage treatment expenses paid to any third parties and passengers in the vehicle are restricted with the limits are limited to the vehicle's obligatory traffic insurance 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 REPLEASE as the owner/operator, shall be meet promptly by the Lessee upon REPLEASE's first written request without any court order.
19) In case of damage and / or failure of the rented vehicle, the Lessee shall be responsible for ensuring that the vehicle is transported to the authorized service in a manner that does not increase the safety and harm. If the vehicle is not serviced by REPLEASE offices, the cost of the attractor will be paid by the lessee. Repair costs are accepted only if REPLEASE offices have given prior permission.
20) REPLEASE shall not be held liable from any losses, theft, filcher or damage of any goods carried with or left in the vehicle. Lessee releases REPLEASE from all claims, accusations, complaints and damages that could rise from the aforementioned losses and/or damages and hereby waives any rights.
21) Since REPLEASE is not the producer of the vehicle, REPLEASE 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 REPLEASE’s liability is limited to the fulfillment of the required maintenance without interruption and limited to the delivery of the vehicle.
22) Lessee accepts and undertakes that REPLEASE 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 REPLEASE's request. REPLEASE is not responsible of any possible losses or damages of any objects or substances that are found in the vehicle during retrieval.
23) Lessee accepts and declares that he/she knows that falling 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 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.
24) The vehicle tracking system is mounted on the vehicles rented by REPLEASE so that it can follow the rented vehicle and to stop engine of the vehicle if necessary. The Lessee knows that the vehicle tracking system is mounted to the vehicle he/she rented, if the vehicle is not returned on the date stated in the Agreement, he knows that the vehicle can be located and the vehicle can be able to stopped. Lessee agrees and accepts not to demand any compensation and / or loss from REPLEASE for any reason what so ever due to the vehicle being stopped. If the Vehicle Tracking System is damaged, dismantled, attempted to be dismantled, or intervened in any way due to the reasons arising from the tenant, all damages including the removal and installation of the system incurred by REPLEASE shall be borne by the Lessee immediately. Lessee agrees in advance that the intervention in the Vehicle Tracking system means termination of this contract.
25) Lessee agrees, declares and undertakes that the rented vehicles will not be rented to another person or corporation/organization in any way, and no matter what the reason and the condition will be used on the lease contract. In the event of such a case, the damage claims of REPLEASE shall not apply and all damages shall be borne by the Lessee. In the event that it is determined that the leased vehicle is leased or disbursed to a third party, the lessee accepts, declares and undertakes and will pay the rent for three (3) months without any objection on the first request as a penalty condition and in addition to the damages caused by this violation.
26) If Lessee returned vehicle before the date on drop off in the contract, the discounts made will be canceled and the rental price will be re-determined for the period of time used by re calculating the current daily rental price (according to occupation per cent of vehicle) of the vehicle. The rental price determined as a result of this calculation will be deducted from the amount collected and if there is an excess amount, this amount will be returned to the lessee. Apart from this, the parties agreed that the tenant will not be reimbursed in any way.
27) REPLEASE has the right to terminate the contract unilaterally at any time without compensation.
REPLEASE and the Tenant under this lease agreement all financial, commercial, professional, technical information, know-how, administrative, legal, corporate information, business information, financial statements, reports, financial and legal information, brand, trade secret, directives, regulations, trade and licensing of all kinds of information related to all correspondence, documents and records, or other information is disclosed information of employees or officials, the information of the other party is "Confidential Information". They accept and undertake that do not disclose to third parties without the prior written consent of the other Party that has the information, not to allow, to disclose, to transmit, to make, distribute, print or distribute partially or completely copies thereof and to immediately return this information, together with all copies thereof, upon the first request of the other Party. If any person acts in breach of this confidentiality commitment as a result of a defect or omission, it may unilaterally terminate the contract, and if the Receiver does not perform any of its obligations under this Agreement for the protection of Confidential Information due to its fault or negligence, and shall be liable to cover any loss.
29) Parties shall obliged to act in accordance with all regulations, procedures and principles in force regarding the protection of personal data, in particular with the provisions of Law No. 6698 on Protection of Personal Data and other regulations issued and / or to be issued by other legislation and the Personal Data Protection Board (all referred to hereinafter as “Legislation”).
The Parties undertake, declare and undertake that any information relating to the natural persons transferred to it is Personal Data and that they will process this data only within the scope of the legislation and the contractual relationship between them, which shall be limited only to the purpose of the present and/or Convention to be established. Any processing of Personal Data beyond the purpose of the Agreement shall be subject to the prior written consent of the other Party. The transfer of Personal Data to third parties, domestic and abroad, shall be prohibited unless otherwise agreed in writing between the Parties.
The Parties shall obliged to prevent unauthorized access to the Personal Data transmitted to them by both their personnel and third parties and to take necessary measures to prevent the use of the Personal Data for any purpose other than for the transfer of the Personal Data to the parties in writing.
Notwithstanding the expiry of the Agreement, each Party shall, without prejudice to its legal retention periods, deliver to the other Party any media and media on which the Personal Data is registered for signature and delete, destroy or anonymize the records in its possession.
Each party acknowledges and declares that they are subject to the supervision of the Personal Data Protection Board in respect of the Personal Data they process under the Convention. The parties may exercise this right of inspection personally or by a third party, provided that it does not affect the workflows. If it is determined that one of the Parties is in breach of its obligations regarding Personal Data as a result of such audits, the related audit costs shall be borne by the Party which acts in contradiction with its obligations.
Even if the contract expires for any reason, this clause shall remain in force.
If any of the Parties shall suffered damages for any reason arising from the counterparty, including any breach of the provisions of this Agreement, shall subject to legal sanctions or shall be liable for damages, including the loss of the person concerned, recourse to the other Party shall be reserved.
30)Stamp taxes and any other expenses arising from this Agreement belong to the Lessee
31) 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 REPLEASE if his registrations are kept accordingly” against the abovementioned records. This article constitutes evidential Agreement.
32) The solution place for the disputes arising out of this contract is the Istanbul (Çağlayan) Courts and execution offices.