This “Vehicle Rental Agreement” (hereinafter referred to as the “Agreement”) is an annex and integral part of the VEHICLE DELIVERY FORM (hereinafter referred to as the “Form”) signed between the parties. With this agreement, Company Name Tourism Transportation Marketing Inc. (hereinafter referred to as the "Lessor") has leased the vehicle specified in the Form, of which it is the owner or operator, to the Lessee whose name and address are specified in the Form, on the specified dates. The Lessee declares and undertakes to use the vehicle subject to this agreement 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 Lessee assumes all obligations related to the leased vehicle. The Lessee agrees not to refuse to sign the Vehicle Delivery Forms to be prepared both upon receiving and returning the vehicle, and that failure to sign the forms shall be deemed as unconditional acceptance of the contents thereof. The Lessee hereby accepts, declares and undertakes in advance that, in the event of any objection to the contents of the forms, the Lessee may raise such objections and claims not by refusing to sign, but only by having an expert appraisal carried out at the Lessee's expense.
1) The address stated by the tenant in the contract and its annexes shall be the legal address for service of process. Unless the Lessor is notified in writing of a change of address, all notifications sent to this address shall be deemed to have been served and shall be valid in accordance with the provisions of the Service of Process Act.
2) By signing this agreement, the Lessee acknowledges that they have received the vehicle in good working order and condition, both mechanically and in terms of bodywork, and that the vehicle was delivered as specified in the Form. that any defects present in the vehicle at the time of delivery shall be specified in the Form, and that otherwise, the Lessee shall be deemed responsible for any defects identified upon return of the vehicle to the Lessor. The Lessee acknowledges that there are no damages or accident marks on the vehicle at the time of delivery other than those specified in the Form.
3) The Lessee shall return the vehicle to the rental station where it was rented or to another Lessor office specified in the contract, along with all documents pertaining to the vehicle, accessories, and spare tyre, in the same condition as it was received. The Lessee shall pay any additional rental fees for extra services and equipment requested during the use of the rented vehicle, such as a baby seat or navigation device, as notified by the Lessor, in accordance with the terms of this agreement.
4) The Lessee shall be solely liable for any direct or indirect damage, loss, harm, or penalties incurred by the Lessor or third parties arising from the Lessee's misuse and/or negligence in the vehicle delivered in good and sound condition, which cannot be claimed or recovered from insurance under traffic insurance rules.
5) The hirer must be at least 21 years old and have held a driving licence for at least one year for Economy group vehicles, at least 25 years old and have held a driving licence for at least two years for Middle group vehicles, and at least 28 years old and have held a driving licence for at least five years for Premium group vehicles. Persons other than the renter who will use the vehicle must also meet the general rental conditions, be notified in advance in writing to the Lessor as additional drivers, and/or have their information recorded in the contract. Otherwise, the renter shall be solely liable for any direct or indirect damages that may arise on the part of the Lessor or third parties.
6) The minimum rental period is 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 rental fee, calculated based on the number of rental days at the daily rental rate specified in the valid price list, in advance, in cash and in full. In addition to the rental fee, the tenant shall also pay:
a) For delays of up to 3 hours, one-third of the daily rental fee for each hour; for delays exceeding 3 hours, one day's rental fee
b) Any one-way fee that may arise at the end of the rental period
c) The difference in fuel costs resulting from the fuel tank not being returned full, as it was delivered, and the total service charge applicable at a rate of 25% of this amount. Fuel, motorway tolls, all parking and transportation expenses, and all incidental expenses and costs related to the use of the rental vehicle, as well as all expenses incurred after the rental vehicle is delivered to the Lessee, are solely the responsibility of the Lessee, who is obliged to pay all such costs.
7) The tenant shall make payments at the commencement of the rental period by credit card, cash or voucher. The tenant declares and undertakes that in the event of non-payment of the rental fee and other fees and legal payments covered by the contract, the fees shall become due and payable without any notice or warning from the invoice date, and that they shall pay a monthly default interest of 5% (five per cent) from the invoice date. At the start of the rental, a pre-authorisation corresponding to the initial rental amount will be blocked on the Tenant's credit card. The Tenant hereby agrees in advance not to object to the collection of the rental fee arising from the pre-authorisation, as well as any traffic fines, toll evasion fines, etc., and damage compensation fees.
8) Postponing the return date specified in the contract to a later date is possible with the Lessor's consent, in addition to the payment of the rent for the new rental period. Extending the rental period without the Lessor's consent is not possible, even if the rent is paid. This is a fixed-term lease agreement, and at the end of the term, unless the parties expressly agree otherwise, the leased property shall be returned to the Lessor without any notice or warning being required.
9) The tenant shall use the vehicle subject to the contract with due care and in accordance with the Traffic Law and Regulations, and shall comply with traffic rules. The Lessee must comply with the Highway Code, Regulations and all relevant legislation. The Lessee cannot claim ignorance of these obligations as a driver to avoid liability. The Lessee is liable for all legal and criminal expenses arising from actions contrary to the legislation. After the delivery of the rented vehicle to the Lessee, any traffic fines issued for the relevant vehicle and not paid by the Lessee shall be paid by the Lessor within the legal period, provided that the relevant fine is reported to the Lessor by the Lessee and/or the relevant authorities, and a service fee of 20 (twenty) TL shall be added for each transaction and collected from the Lessee. Upon the first written notification, the Lessee immediately agrees, declares and undertakes to pay the Lessor the amount paid by the Lessor, the service fee, penalty clause, etc., and all additional fees under any name, without the need for a court decision.
10) The leased vehicle may not be sublet under any circumstances or conditions, nor may it be made available to third parties, even free of charge. Furthermore, the vehicle may not be:
a) By a driver not designated as an additional driver,
b) By towing or pushing any vehicle,
c) In the carriage of passengers or goods for remuneration,
d) In racing, speed trials, rallies, endurance tests, motor sports, and on roads closed to normal traffic and unsuitable for such activities,
e) Use of the vehicle in terrain conditions or road conditions that are unsuitable for the technical specifications and load capacity determined by the manufacturer,
f) Transport of items prohibited by customs regulations and other laws, or use in illegal activities.
g) Any use for illegal purposes, terrorism, or matters contrary to the state and laws is strictly prohibited. Upon detection of any of these circumstances, the Lessor shall be immediately compensated by the Lessee for any damages upon the first written notification. The Lessor reserves the right to terminate the contract.
11) All legally required insurance for the rented vehicle has been arranged by the Lessor. The Lessee agrees and undertakes to cover the liability for damage to the vehicle under the conditions specified below and all related expenses without objection:
a) If under the influence of alcohol and/or narcotics and/or sleep-delaying medication at the time of the accident,
b) In cases where legal speed limits have been exceeded (the accident report must state that the accident occurred due to speed) and the vehicle has been used in any way contrary to Traffic Laws,
c) If no traffic accident report (agreed statement, police or gendarmerie report) is obtained,
d) If, after the conclusion of this agreement, the Lessee loses the right to drive a vehicle for any reason (confiscation of driving licence, illness preventing driving, etc.), they shall immediately notify the Lessor of the situation and return the vehicle. If the Lessee fails to return the vehicle despite not being authorised to do so,
e) In the event of damage and/or accidents resulting from the use of the vehicle by persons other than the Lessee and those specified as additional drivers in the rental agreement,
f) Where the damage cost is not paid in accordance with the general terms and conditions of the comprehensive insurance policy due to amendments made to the legal regulations and relevant regulations by the Undersecretariat of the Treasury and/or the Turkish Insurance and Reinsurance Companies Association, and/or where the insurance company does not make any payment for any reason.
g) In the event of vehicle theft, the general comprehensive insurance rules apply, and in cases where the insurance company does not classify the incident as theft, such as in cases of theft-like incidents, and the insurance company does not make a payment, the Lessee agrees to pay the vehicle price and other damages in advance.
h) If the Lessee is fined for any accident involving the leased vehicle due to alcohol, drugs, leaving the scene of the accident, or any other violation of general traffic rules, the Lessor may claim from the Lessee any direct and indirect damages incurred as a result of the accident, in addition to the rental fee.
12) In the event of an accident during the rental period involving the hirer and designated additional drivers, the hirer is obliged to take the following measures to protect the interests of the lessor and the insurance company:
a) To take all reasonable safety precautions expected of them in relation to themselves, the vehicle and third parties,
b) To obtain all necessary traffic accident reports and documents, such as police and/or gendarmerie reports, and forward them to the Lessor,
c) If possible, obtain photocopies of the other party/parties' driving licence, registration certificate and traffic insurance policy; if this is not possible, ensure that the documents are completed in full,
d) Taking photographs of the scene of the accident, if possible,
e) Reporting the accident to the nearest police or gendarmerie station in the event of an accident resulting in material damage, death or bodily injury,
f) Delivering all documents related to the accident to the Lessor within twenty-four hours of the accident occurring.
13) The hirer is obliged to park the vehicle in a secure and locked manner to ensure its safety. In order to benefit from theft coverage in the event of the vehicle being stolen, the Lessee is obliged to prove that they have taken the necessary precautions by returning the licence and keys and that they have made the necessary applications to the relevant security authorities. Otherwise, the Lessee is obliged to pay the current purchase price of the vehicle and other damages in cases not covered by comprehensive insurance and where no compensation is paid by the insurance company.
14) Material damages caused to third parties and passengers in the vehicle, as well as medical expenses, are limited to the compulsory motor insurance limits of the vehicle. All liabilities and obligations not covered by motor insurance are the responsibility of the Lessee. All damages and losses that may be recovered from the Lessor in their capacity as Owner/operator, shall be immediately covered by the Lessee upon the Lessor's first written request, without the need for a court order.
15) The Lessor shall not be held liable in any way for the loss, theft, misappropriation or damage of any property transported or left in the vehicle by the Lessee. The Lessee releases the Lessor from any claims, complaints and damages that may arise as a result of such loss and/or damage and waives these rights.
16) As the Lessor did not manufacture the vehicle, it shall not be held liable in any way for any material or moral damages or losses that may arise as a result of mechanical or manufacturing defects in the vehicle or its spare parts. The Parties agree that the Lessor's liability is limited to delivering the vehicle in a condition suitable for use and ensuring that the necessary maintenance is carried out without delay.
17) Should the Lessee fail to comply with any provision of this agreement, particularly by failing to return the vehicle on the agreed date, the Lessee acknowledges and undertakes that the Lessor shall have the right to immediately repossess the vehicle, wherever it may be located, without the need for any notice, warning or court order. The Lessee shall be liable to pay any damage and expenses incurred during the repossession of the vehicle by the Lessor upon demand. The Lessor shall not be liable for the loss of or damage to any objects or materials in the vehicle during its repossession.
18) The tenant acknowledges and declares that failure to return the vehicle upon expiry of the contract period constitutes a criminal offence under criminal law provisions, and that in the event of use of the vehicle outside the rental period and/or by users not specified in the contract, and/or use of the vehicle in violation of the law, they shall not be entitled to any insurance, guarantee or legal rights in respect of damage and liability.
19) The Lessor has installed a vehicle tracking system in the leased vehicles to enable them to track the leased vehicle and, if necessary, stop the vehicle and retrieve it. The Lessee acknowledges that a vehicle tracking system has been installed in the leased vehicle, that the vehicle is being tracked, and that if the vehicle is not returned on the return date specified in this Agreement and/or if the Lessor deems it necessary during the term of the agreement, the location of the vehicle can be determined and the vehicle can be stopped using this system, and the Lessee consents to this. and hereby accepts, declares and undertakes in advance not to make any claim for compensation and/or damages of any kind whatsoever from the Lessor due to the vehicle being stopped. The Lessor accepts, declares and undertakes not to abuse the authority to track and stop the vehicle. In the event that the Vehicle Tracking System is damaged, removed, attempted to be removed, or interfered with in any way for reasons attributable to the Lessee, all damages incurred by the Lessor, including the cost of removing and reinstalling the system and the device fee, shall be immediately covered by the Lessee. The Lessee hereby accepts in advance that any interference with the Vehicle Tracking System shall constitute a termination of this Agreement.
20) Any stamp duty and all expenses arising from this agreement shall be borne by the Tenant.
21) The Parties hereby acknowledge and undertake that any and all records, including books, documents, statements, and telephone, video, audio, and computer recordings, shall constitute conclusive and exclusive evidence in accordance with Article 193 of the Code of Civil Procedure in any dispute arising from the implementation of this Agreement. In parallel, the Tenant further acknowledges and undertakes to waive in advance any defence, objection, or right to request an "oath that the Landlord's records have been kept in accordance with the procedure" against the aforementioned. This clause constitutes an evidence agreement.