1. This Short Term Motor Vehicle Lease Agreement (“Agreement”) is hereby signed by and between Berkay Turnator CARSTİL RENT A CAR (“LESSOR”) having its headquarters at the address of “Yenişehir Mah. Reyhan Cad. no: 3/3 Assan Kurtköy konutları C Blk. D:38 Pendik/İstanbul”, one one hand, and the (“LESSEE”) information on which is provided in the vehicle delivery form, one the other hand, under the following terms and conditions. It is immediately entered into force on the date of signature or as of the date of order for the online reservations.
2. The LESSEE declares and accepts that it has received the vehicle with the brand, model and number (“Vehicle”) specified in the lease abstract agreement, in addition to this AGREEMENT, to use it under the general conditions, term and/or kilometer (whichever ceases first) indicated in the motor vehicle lease agreement, and in working condition and free of any defects. The LESSEE declares, accepts and undertakes in advance that it shall not refrain from signing the Vehicle Delivery-Return Forms during both receipt and return of the vehicle, in the event that the Forms are not signed, it shall accept the statements of the Form unconditionally.
3. The vehicle shall be driven by a driver and/or additional driver/s, who has/have a driving license covering the validity period to be changed in the lease agreement and vehicle delivery form according to the vehicle group and ensures competency in terms of age limit. The LESSEE is obliged to ensure that the additional driver/s specified in the lease agreement and vehicle delivery form conform/s to the lease agreement, vehicle delivery form and general lease conditions wholly and completely. In addition, the LESSEE is responsible, jointly and severally with the driver and additional driver/s, for damages/losses and costs to arise due to use of the vehicle. In the event that the LESSEE signs this agreement, the LESSOR is obliged to provide the vehicle pursuant to the statement of the LESSEE that it has met the necessary conditions; the LESSOR is authorized to determine and check availability of the said competencies, and the LESSOR has the right to demand additional information and documents to check accuracy of the information provided by the LESSEE.
4. The LESSEE is obliged to act in compliance with the Highway Traffic Code No. 2918 any and all kinds of other legal arrangements in effect. In the event that a penal clause is applied due to use of vehicle in contradiction with the laws and regulations, the LESSEE is responsible for the expenses (penalty, tow of the vehicle, etc.).
5. The LESSEE is responsible for the penal clauses and their derivatives (traffic penalty, expenses arising from tow of the leased vehicle, and other miscellaneous expenses arising from the relevant accident) that shall be applied as a result of the accidents it causes because of acting in contradiction with the highway traffic rules.
6. Term of lease is minimum 1 day (24 hours). The daily price is applied for leases shorter than 24 hours. In the event that the lease day exceeds 24 hours by 2 hours and more, a full day price is collected.
7. The drivers have to submit their driving licenses and available credit cards at the beginning of the lease. The drivers have to submit two credit cards for higher level vehicles.
8. Payments are performed with a valid credit card at the beginning of the lease. The credit card has to be issued in the name of the LESSEE.
9. Cancellation/return and change conditions;
If the cancellation request is informed to the LESSOR at the date of reservation (within working hours), the whole amount paid shall be returned to the credit card. Return practice for the other cancellation request is as follows;
- In the event that it is less than 24 hours to the receipt time of the lease or the vehicle is not received without any cancellations, the return transaction is performed by making a deduction of 3-day rental fee. If the reservation is shorter than 3 days, no return can be made.
- In the event that it is more than 24 hours to the receipt time of the lease, the return transaction is performed by making a deduction of 50 TL.
10. Before delivery of the vehicle, the LESSEE shall pay to the LESSOR for or ensure blockage of the security deposit to be determined by the LESSOR in the Lease Agreement according to the vehicle group (on the condition that it does not mean restricting the damage/loss cost to be caused by the LESSEE and save for the right to collect damage/loss costs exceeding this amount), which shall serve as the security for, including but not limited to, the damages to occur on the vehicle and other receivables and miscellaneous rights of the LESSOR arising from the contract. The payment can be made with a credit card upon the preference of the LESSOR. The LESSEE accepts to pay in advance, through the blocked amount, for the capital, interest and derivatives belonging to the additional lease day amounts as well as fuel, damage, car parking, HGS (Rapid Pass System), OGS (Automatic Pass System), highway towing, bridge toll, traffic penalties, etc. The fine receipts delivered to the LESSOR shall be paid by the LESSOR. This amount paid by the LESSOR and the default interest and derivatives, if any, as well as bridge toll, car parking and/or fine amounts shall be collected from the LESSEE adding 30 TL (Thirty TL) fine management and service fee for each receipt and 18% VAT on all fees.
The LESSOR is hereby authorized by the LESSEE by virtue of this agreement to collect car parking, HGS (Rapid Pass System), OGS (Automatic Pass System), highway, bridge, etc. toll fees, traffic fines and their interest and derivatives as well as service fee and fine management fee from the credit card of the LESSEE and/or by setting off from the security deposit, without waiting for the end of the lease period and without any need for permits and notices. This authority of the LESSOR is not limited to the agreement term, and the LESSEE accepts such authority of the LESSOR in advance.
11. In case of any request by the LESSEE, Mini Casualty Cover is sold over the daily fees specified for the relevant date. Mini Casualty Cover covers the material damages up to the amount determined by the LESSOR for each vehicle (except for tire, glass and headlight damages) without any need for written client statement and police report.
12. In case of any damages and/or failures on the leased vehicle, the LESSEE is responsible for transporting the vehicle to the authorized service in a secure manner and without increasing the damage. During transport of the vehicle to the authorized service, if the LESSEE receives support from the office of the LESSOR, it shall also pay for the towing fee.
13. The LESSEE accepts to return and deliver the vehicle in its receiving condition to the office of the LESSOR in the city of lease or somewhere else, on the day, time specified initially and/or on a sooner date upon the request of the LESSOR.
14. Upon the request of the LESSOR, the LESSEE is obliged to pay for the following;
a. Daily rental fee and/or kilometer fee to be calculated based on the days used and/or kilometers run during the rental period (the distance run by the vehicle is determined by way of reading the kilometer counter placed in the vehicle by the manufacturer. In case of breakdown of the kilometer counter, it is calculated according to the map distance of the journey paid for.),
b. Insurance fees and other fees over the amounts agreed and specified in the lease agreement,
c. In the event that the vehicle is delivered to an office other than that of receipt, the one-way fee up to the office of delivery as specified by the LESSOR,
d. Value added tax and other responsible taxes,
e. Apart from those resulting from the fault of the LESSOR, all other fines and court expenses arising from violation of parking, traffic rules or laws, expenses possibly to arise from towing of the vehicle as well as fees of the non-lease days of the vehicle caused by the LESSEE and another driver and charged to the LESSOR during the rental period,
f. Expenses to arise due to repair of the possible damages on the vehicle resulting from crash or rollover, LESSOR’s expenditures and pecuniary and non-pecuniary damages payable to the third parties shall be paid by the LESSEE. The LESSEE shall be able to benefit from the vehicle insurance only provided that it signs the “Accept” box on the lease agreement and pays for the insurance exemption limit premium priorly, and provided that it drives the vehicle in compliance with all conditions specified in the agreement and completes the relevant transactions.
g. The valid identity and driving license information should be indicated in the agreement at the beginning of the rental period and the daily additional driver fees should be paid, so that another person apart from the LESSEE may drive the vehicle. In case of non-compliance with this rule, insurances and covers received shall be deemed null and void, and the LESSEE and the other drivers shall be held responsible for all damages.
h. The LESSEE is obliged to return the vehicle with as much fuel as it is at the beginning of the rental period. In the event that the LESSEE returns the vehicle with excess fuel, it is not entitled to demand any payment or return, set-off, etc. from the LESSOR. In the event that the LESSEE delivers the vehicle with less fuel, the amount of the deficient fuel, a service fee of 30% of this amount, and a 18% VAT of the total amount shall be collected from the LESSEE. In the event that deficient fuel is determined even after return of the vehicle, the LESSEE is responsible for the damage to arise. The LESSOR is authorized to collect this damage and fuel fee from the credit card of the LESSEE without any need for a permit, notification or judgment.
i. For receipt and delivery in such cities where the LESSOR does not have any offices, a fee per km is collected based on the distance to the office of the LESSOR, as specified by the LESSOR. In the event that the vehicle is delivered to the office of LESSOR in another city, a fee is applied based on the one-way tariff,
j. Expenses incurred by the LESSOR during collection of the payments that the LESSEE has to perform as per the lease agreement,
k. For the payments with credit cards, the LESSEE cannot object that the LESSOR fills in and collects the credit card slips taken as provision in accordance with the lease agreements.
15. Although the LESSEE accepts the Standard Insurance coverage and (if purchased) Mini Casualty Cover applied by LESSOR, in case of damage on the vehicle, it accepts to incur casualty responsibility and related expenses without objection under the following conditions,
a. If it is drunk and/or drugged at the time of accident,
b. In case it is stated in the accident form/report that the accident resulted from unilateral fault of the LESSEE (including but not limited to not adjusting speed of /not driving vehicles to air, road, visibility, technical characteristics and traffic status and similar circumstances),
c. In the event that the legal speed limit is exceeded, and it is stated in the accident report that the accidents resulted from speed violation or speed is a factor in the accident,
d. In cases when an accident report is not issued in unilateral accidents, and the report is filled in deficiently in bilateral accidents, no alcohol report is issued,
e. In deliberate accidents,
f. For damages to occur due to negligence and deliberation such as driving with high rotative speed, etc.,
g. For damages to occur due to use of wrong or smuggled fuel,
h. For damages to occur depending on driving on wheel rims due to blowout,
i. In case of use of vehicles in contradiction with the traffic laws,
j. In case of use of driving licenses in contradiction with the traffic laws,
k. In case of accidents by persons other than those specified in the lease agreement,
l. In cases when the insurance companies do not cover the insurance fee due to violation of the conditions of the Turkish Association of the Insurance and Reinsurance Companies regarding insurance policies,
m. In the event the LESSEE causes damages on the top parts of the vehicle (as a result of crashing to a bridge, balcony, branch, etc.), it is obliged to pay for the damage amounts, although it has received traffic insurance and damage assurances.
n. Materials damages to, treatment expenses of the 3rd parties and passengers within the vehicles are restricted to the obligatory traffic insurance limits of the vehicle, and all possible responsibilities and obligations including the non-pecuniary damages exclusively belong to the LESSEE.
o. Under any circumstances whatsoever, all expenses related to glass, mirror and headlights breaks and blowouts and damages thereof are wholly paid by the LESSEE.
p. The damage amounts are determined by experts of the contracted services of the LESSOR.
16. The LESSEE shall pay for the due fee at the time of reservation or delivery of the vehicle, and for the ensuing costs at the end of the rental period, with a credit card.
17. The vehicle shall not be driven in the following manners:
a. Passenger/load transportation against an explicit or implicit income,
b. Towing/trundling any vehicles,
c. Transportation, handling of materials contradicting with the customs legislation and other laws or other illegal operations,
d. Drunk (including use of alcohol under the legal limit specified in the law, e.g. 0-30 promiles) and/or drugged,
e. For motor sports (racing, velocity, rally, durability, speed trials, etc.)
f. On roads closed to traffic or on inconvenient roads,
g. Uploading in a way to damage the vehicle, load/material transportation exceeding load limit,
h. Transporting persons over the capacity of the vehicle,
i. Use of vehicles on roads (marsh, land, stream bed, etc.) and circumstances not complying with their technical structures and endurances,
j. Use of the vehicle by a driver other than the LESSEE (Persons other than the LESSEE have to get registered as additional driver priorly. In addition, the driver shall not be released of the contractual responsibilities and be severally responsible with the driver.),
k. Out of the boundaries of the country,
l. Over the legal speed limits,
m. Using cigarette, electronic cigarette and other tobacco products, smoky products in vehicles that are initially specified to be non-smoking.
18. Repair fees of damages due to violation of the rules specified in the Lease Agreement, all expenses and compensations arising from any accident are covered by the LESSEE.
19. The LESSEE accepts to pay for 250 TL Damage Management Fee to the LESSOR in case of any damages on the vehicle.
20. The LESSEE is obliged to take measures against accidents or thefts at times when the vehicle is not used by the LESSEE. The LESSEE is obliged to park the vehicle in a secure place as its doors closed and without leaving the vehicle license in. In case of steal of the vehicle, the LESSEE is obliged to deliver the keys and license of the vehicle to the nearest LESSOR office within 24 hours on the condition of proving that it has notified the relevant security units thereof. The LESSEE accepts to pay for the vehicle price and other damages in case of leading to steal of the vehicle based on lack of the said measures and/or pilferage.
21. The LESSEE is responsible for snow chain, navigation, baby seat, and similar additional products that it receives together with the lease agreement and/or vehicle delivery form and that are specified in the lease agreement and/or vehicle delivery form as well as documents, tool kit, equipment and accessories belonging to the vehicle. These products are not covered by the damage repair assurance, and in case of damage to, loss of or steal of them, the market value available on the incident date shall be paid by the LESSEE to the LESSOR in cash, at once and immediately. In addition, the LESSOR is entitled to inspect in details the damages and deficiencies on the vehicle within 30 days following the delivery date and notify the LESSEE thereof. The fact that a vehicle return form/report is issued during return of the vehicle shall not mean that the LESSOR waives from this control and notification right. The LESSEE shall be responsible for any and all kinds of damages and losses occurring on the vehicle due to extraordinary use thereof.
22. In case of transportation of goods or passengers in the vehicle, the LESSEE shall be exclusively responsible for any and all kinds of damages and losses to the said goods or passengers.
23. In case of accident with pecuniary damages, involving death and bodily injuries, the LESSEE is obliged to notify the nearest police officers or relevant units of the situation, and deliver the minutes and reports to the relevant office of the LESSOR within maximum 24 hours.
24. The LESSEE or any authorized driver specified in Article 14-g are insured with traffic insurance. The LESSOR undertakes the legal liability to arise as a result of accidents damaging to 3rd parties as much as the compensation amount that it can receive from the insurance companies within the limit of cover of the concluded financial liability insurances. All pecuniary and non-pecuniary compensation and legal responsibilities over this amount belong to the LESSEE, and the LESSOR has the right to recourse thereof from the LESSEE. In addition, in case of any accident during the rental period, the LESSEE shall take the following measures to protect interests of the LESSOR and of the insurance company of the LESSOR;
a. Receiving the names and addresses of the relevant parties and witnesses,
b. Not pleading guilty unless its responsibility or crime is fixed,
c. Not leaving the vehicle without taking the sufficient security measures,
d. Phoning the nearest office of the LESSOR, also having the accident report of the LESSOR completed including the necessary scheme, in case of any accident and damage,
e. Informing the nearest police station, if it is required to fix someone else’s crime or there is wounded or dead.
25. The LESSEE shall be deemed to be insured under the terms and conditions of personal accident insurance policy concluded with the insurance company of the LESSOR and on the condition of paying for the anticipated price by signing the lease agreement.
26. In case of any damage on the vehicle to be informed to the insurance company, the LESSEE is obliged to complete and deliver the documents and procedures. The lease agreement shall continue to take effect over the daily lease fee until the documents and procedures are completed.
27. Having received back the vehicle from the LESSEE, the LESSOR is not responsible for the objects, materials and living creatures left in the vehicle.
28. The LESSEE is obliged to have the periodical maintenance of the vehicle performed within the lease period, according to the instruction manual therein. In case of submission to the authorized services of the invoices regarding the operations to be conducted within the LESSOR’s knowledge, the prices shall be deducted from the LESSEE’s debt and the balance shall be paid to the LESSEE.
29. In case of failure of the vehicle, the LESSOR shall immediately park the vehicle in a secure way and inform the nearest office of the LESSOR. Repair expenses are accepted only if it is priorly permitted by the LESSOR’s offices.
30. Upon expiry of the rental period, the LESSEE shall not be able to extend it unilaterally. In the event that the LESSEE demands to extend the rental period, the rental period shall be extended only based on the written approval of the LESSOR or the LESSEE shall accept the new vehicle to be provided. Lease extensions shall abide by the lease agreement conditions, even if a second lease agreement is not signed. The LESSEE accepts that if it does not deliver the vehicle despite expiry of the agreement term, it shall constitute a crime as per the penal code provisions, that it is not entitled to retain the vehicle out of the rental period. It accepts and declares that it shall not be able to benefit from the insurance, securities and legal rights following expiry of the rental period and/or during illegal use of the vehicle.
31. The LESSOR has the right to unilaterally terminate the Agreement any time with a notification to be served to the LESSEE by mail, fax and SMS.
32. There are kilometer limits for use of the vehicles, and in case of excess, the LESSEE shall be charged with fees determined by the LESSOR.
33. The LESSEE accepts and declares that there are geographical position identification systems in the leased vehicle/vehicles including but not limited to especially vehicle tracking system.
34. Pursuant to the Tax Procedure Law No. 433, the LESSOR shall issue lease invoices electronically. Invoices shall not be delivered by hand by LESSOR office at the end of the rental period, and they shall be sent to the recorded e-mail address of the LESSEE.
35. The LESSEE cannot assign and transfer the lease agreement and general conditions to another party without the written approval of the LESSOR; it cannot provide the leased/delivered vehicle to use of another party in any way, pledge it as a collateral, lease, use the right of retention or make any similar transactions. The vehicle cannot be taken abroad without the written approval of the LESSOR. In case of receiving written approval, all expenses and responsibilities for departures shall belong to the LESSEE. The LESSOR can transfer and/or assign the lease agreement, general conditions, vehicle delivery form and/or its rights, receivables and obligations arising therefrom to another party without any need for taking any permits from the LESSEE.
36. The LESSEE undertakes that it shall return the vehicle of the LESSOR immediately at the end of the rental period or in case of termination of the lease agreement and general conditions for any reason whatsoever within 3 hours after the notification to the LESSEE. The statements of the LESSOR shall be taken as basis for the date of service of the termination notification. The LESSES declares to know that it shall commit the crime of abuse of confidence as per Article 155 of the Turkish Criminal Code, even if the lease fee for delay has been collected, in case of non-delivery of the vehicle.
37. The LESSEE accepts and undertakes that in case of any disputes, the books and records of the LESSOR shall be taken as basis, the books and records of the LESSOR are absolute and specific in terms of Article 193 of the Code of Civil Procedure, it shall not object to the records of the LESSOR in any way.
38. The fact that the LESSEE shares with the third party persons and organizations the information such as vehicle, brand, model, license plate number, LESSEE, driver, additional driver, credit card, etc. is not deemed as violation of confidentiality. The LESSEE accepts this authority of the LESSOR in advance. Explicit consent/approval form to be received as per the provisions of the Law on Protection of Personal Data is the integral part of this Agreement.
39. In interpretation of these general conditions, lease agreement and vehicle delivery form and/or all disputes to arise due to these general conditions, lease agreement and vehicle delivery form and/or between the parties, the Turkish Law shall be applied, and İstanbul Anadolu Courts and Execution Offices are authorized for settlement of disputes. In the event that these general conditions, lease agreement and vehicle delivery form and the existing/future annexes of these general conditions are issued in the same documents with their Turkish and foreign language versions, the Turkish text shall be taken as basis in interpretation of these texts.
40. These general conditions, lease agreement and vehicle delivery form have been agreed with mutual signatures of the parties. Any amendments or annexes that are not issued in written are not valid.
41. The parties accept, declare and undertake that their addresses specified in these general conditions and/or lease agreement and/or agreement annexes and/or vehicle delivery forms are their legal notification addresses, notifications to be served to these addresses shall lead to all legal conclusions of a legally valid notification, unless the address change is notified to the other party in written within 3 days.
42. The stamp tax resulting from the lease agreement, vehicle delivery form and general conditions shall be borne by the LESSOR.
43. The fact that the LESSOR does not use is late to use any rights and authorities identified in general conditions, lease agreement and vehicle delivery form does not mean waiver from that right or authority, and also, stand-alone or partial use of a right or authority does not hinder use of that or another right or authority later.
44. In the event that any provision in these general conditions, lease agreement and vehicle delivery form are deemed null and void or deemed to be inapplicable for any reason, the other provisions of the agreement shall remain in effect.
45. The lease agreement/s, vehicle delivery form/s, approval form, client acceptance statement that are concluded both with these general conditions and after signature of these general conditions are integral parts of the general conditions, and shall be interpreted together.
46. All conditions of this agreement and general conditions composed of 46 articles have been read by the parties, each article herein has been separately negotiated, and they have been signed in (1) original and (1) copy under the free wills of the parties, and the copy has been delivered to the LESSEE.
Date of Signature: …..…./…….../……………
LESSOR
Berkay Turnator CARSTİL RENT A CAR
LEASE AGREEMENT NO:
LESSEE
