CAR RENTAL AGREEMENT
1. PARTIES
On one side, Hanlıköy mah. Eskisehir Cad. SANDIKCI OTO SANAYİ VE TİCARET LİMİTED ŞİRKETİ residing at No:78 Arifiye/SAKARYA and the real or legal person signing this contract on the other side.
The parties will hereinafter be referred to as "LEASER" and "TENANT"
2. DEFINITIONS
DRIVER: Under the contract, the tenant and/or the other persons who have the right to drive in accordance with the provisions of the contract at the time of the rental.
VEHICLE DELIVERY FORM: The document stating the rental conditions and vehicle status within the scope of the contract.
VEHICLE RETURN FORM: The document containing the condition of the vehicle at the time of return and the contract requirement.
VEHICLE: The vehicle subject to rental.
RENTAL CONDITIONS: These are the general conditions of the rental relationship and are announced on the website of the lessor, www.letstr.com.
DAILY RENTAL AMOUNT: It is the price determined over a maximum of 24 hours.
3. SUBJECT OF THE CONTRACT
With this contract, the LEASEE agrees and undertakes to deliver the vehicles specified in the contract to the TENANT for use in accordance with the terms of this contract, and the TENANT agrees to use the vehicles in line with its rights and responsibilities arising from this contract and to pay the rental fees specified in the contract for this use.
4. OBLIGATIONS OF THE TENANT
4.1. The lessee declares and undertakes that he/she accepts to use the vehicle in accordance with the Rental Conditions, vehicle delivery form, vehicle return form and these rental conditions during the rental period, to pay the rental fee and the fees/fees specified in the contract and its accessories, and all other issues.
4.2. The lessee is responsible for all kinds of fuel, parking, highway and other tolls, traffic fines, interest and accessories of the vehicle. After the rental period expires, all kinds of costs arising from the actions/inactions during the rental period will be paid by the lessor and will be collected from the lessee by adding the paid amount, delay interest and ancillary fees, if any, and service fee. The lessee cannot demand an objection to any price, and cannot avoid paying the fines due to the lack of objection by the lessor, and cannot make any demand from the lessor in this regard. Renter; Deducting all kinds of fuel, parking, highway and other toll fees, traffic fines, interest and accessories and service fees from the tenant's credit card and/or collateral without waiting for the end of the rental period or after the rental period has expired and without any permission, judgment or notification. authorized to collect.
5. RENTAL FEE AND PAYMENT TERMS
5.1. The lessee is obliged to pay the rental fees specified in the contract and all other (additional package fee, service fee, security fee, damage, loss, penalty, compensation and other).
5.2. Tenant; In case the rental fee, other costs within the scope of the contract, other costs within the scope of the vehicle delivery and return form and legal payments are not paid in full and on time, all amounts will be due from the invoice date without the need for any warning or notice, and that all due receivables will be paid by the Central Bank of the Republic of Turkey from the invoice date. The Bank accepts, declares and undertakes to pay with the default interest to be doubled the advance interest rate. The lessor's right to terminate the lease agreement unilaterally is reserved.
5.3. The lessee shall be determined by the lessor according to the vehicle group, as the guarantee of the damages that may arise on the vehicles and the other receivables and other rights of the lessor arising from the contract (without prejudice to the collection of the damage / loss amounts exceeding this amount.) will pay with a credit card or provide a blocking (provision) according to his/her preference. This security fee will be returned to the same account if it has been collected from the credit card, within 6 working days from the date of return of the vehicle, if the vehicle is delivered to the lessor in a complete and trouble-free manner at the return place and on time specified in the delivery form, and if the tenant does not have any debts, the blockage will be removed. instruction will be given. If the vehicles are not delivered in a complete and trouble-free manner on time, or the tenant has rent and/or other debts, the security deposit will be deducted from these receivables without the need for any notice, judgment or permission of the tenant, and the damage and receivables exceeding the security amount will be collected separately from the tenant. The lessor is authorized to collect the damages and receivables exceeding the amount of this guarantee from the lessee's credit card without the need for any permission, judgment or notification, without being limited to the contract period
5.4. Vehicle delivery and return form and stamp duty arising from the contract will be paid by the lessor.
6. RESERVATION
Cancellation rules valid on the date of booking and published on the website will be valid for reservation cancellations.
7. DELIVERY AND USE CONDITIONS OF THE VEHICLES
7.1. Rental services to be requested by the lessee will be realized upon receipt of the requested vehicle by the lessee by signing the vehicle delivery form, which is an integral part of the contract
7.2. Rental conditions and the current status of the vehicle will be arranged and signed in the vehicle delivery form.
7.3. The TENANT is the operator of the vehicles leased under this contract, as of the date of delivery to the TENANT and in accordance with the Highway Traffic Law
7.4. If there is a request to change the rental period, vehicle or delivery and return address; The new prices to be determined will be recalculated by the LEASOR over the prices applied on the day of the change request
and will be notified to the lessee.
7.5. Vehicles subject to rental; Compulsory traffic insurance, exhaust emission measurements and highway conformity inspections are under the responsibility of the LEASOR and the lessor shall deliver the vehicle completely and ready.
7.6. The vehicle will be delivered to the tenant with all documents, accessories, equipment and tools belonging to the vehicle and periodic maintenance completely and completely. The TENANT accepts that he has received the vehicle in good and good condition in body and mechanical terms, excluding the ones specified in the vehicle delivery form, and that there are no signs of accident or damage to the vehicle.
7.7. The tenant agrees and undertakes to use the vehicle with due care and attention as specified in the manufacturer's standards and to keep the vehicle in good condition.
7.8. TENANT;
7.8.1. Not to use and/or not allow to be used in the transportation and/or other unlawful works of the goods whose transportation is defined as a crime in violation of the Turkish laws and regulations, especially the Highway Traffic Law, Customs laws and firearms legislation.
7.8.3. Racing, speed test, rally, durability test, motor sports and on roads closed to traffic and unsuitable, mountainous terrain, sand, swamp, stream bed, etc. shall not use or have it used in places and ways other than its purposes or in places and roads that are not suitable for their endurance,
7.8.2. Not to drive or allow people to use the car under the influence of drugs or under the influence of alcohol, who have taken similar drugs and/or substances that reduce or numb the brain, reflexes and mobility,
7.8.3. It will not be used and / or made to be used in pulling or pushing other moving or non-moving cars, and will not engage in any disassembly / disassembly / fragmentation and assembly process,
7.8.4. It will not be exposed to transportation by land, sea, river and air, except by vessels and trains that make licensed voyages outside the highway or the vehicle will enter and exit with its own power,
7.8.5. It accepts and undertakes that it will not take passengers more than the number of passengers determined by the traffic law and regulation, that it will not have cargo exceeding the limit of production, will not use it in animal transportation, that it will use and make it available in accordance with the principles of law and regulation.
7.9. The vehicle will be used by the driver and/or additional drivers who meet the conditions specified in the rental conditions and who have met the qualifications in terms of age limit and driver's license. The lessee is obliged to ensure that additional drivers comply fully and completely with the contract and rental conditions and all other obligations. In addition, the renter is jointly responsible with the driver and additional drivers for damages and losses that may occur due to the use of the vehicle
7.10. The lessee agrees and undertakes not to make any changes on the vehicle and its equipment without the written consent of the lessor, otherwise he will be responsible for the reinstatement expenses and the damages incurred by the vehicle.
7.11. The tenant, on the vehicle he received in good condition and in good condition, may suffer from misuse and/or carelessness, imprudence, failure to perform periodic maintenance on time, etc. For reasons (but not limited to those listed, transmission failure due to incorrect gear shifting, damages caused by hitting the bottom of the vehicle, damages due to continued use of the vehicle despite the warning light on, damages to parts such as tires and rims, fuel-related damages and malfunctions, clutch Set change etc.) accepts and undertakes to pay all damages and losses, including all kinds of mechanical and electrical damages.
7.12. The tenant is obliged to use the vehicle in accordance with the mileage limitation specified in the vehicle delivery form. In case the mileage limit specified in the vehicle delivery form is exceeded, the lessee agrees, declares and undertakes to pay the mileage exceeding fee specified in the vehicle delivery form.
7.13. The amount of fuel available in the vehicle's warehouse during the rental will be specified in the vehicle delivery form, and in case the lessee delivers the fuel incompletely, the missing fuel price is calculated over the current pump price, and the determined loss amount and the service fee are invoiced to the lessee
8. RETURN OF VEHICLES
8.1. If the tenant wants to return the rented vehicle early, no refund is made. In this case, the LEASOR also makes the campaign etc. has the right to demand the deserved awards and services by taking advantage of the advantages or the price of them. If the reservation or rental fee is paid in advance and the vehicle is not received on time, the total rental amount collected from the customer is not refunded and the lessor will not be obliged to keep the vehicle not received on time during the reservation/prepaid rental period. If the vehicle that is not received on time is requested to be picked up at any time during the reservation period, the lessor's fulfillment of this request depends on the current vehicle situation and the lessor cannot be compelled to supply the vehicle.
8.2. Tenant; It will take delivery of the vehicle with its additional products and equipment and its tools, as well as return and deliver it to the return address specified in the vehicle delivery form, on the return day and time specified in the vehicle delivery form, completely and undamaged. In the event that the lessee delivers the vehicles to an address other than the addresses required to be delivered, with the written approval of the lessor, the lessee shall pay the fee determined by the lessor to bring the vehicle back.
8.3. The lessee is responsible for the deficiencies detected during the return of the vehicle and any damage and loss that occurred outside of normal use, and the lessee is obliged to pay the amount to be determined by the lessor immediately. The fact that a vehicle return form/record is prepared during the return of the vehicle does not mean that the lessor has waived his right to damage/losses that are subsequently detected. The tenant will be responsible for all kinds of damages and losses that occur outside of the normal use of the vehicles.
8.4. The lessee shall apply to the lessor for all extensions and shall receive the lessor's written approval. In the extensions made without written approval, it has been accepted by the parties that the lessee unlawfully holds the vehicle in seven (hands). In the event that the lessee does not comply with the vehicle delivery form and any article of this contract/attachments, especially if he does not deliver the vehicle to the lessor at the time specified in the vehicle delivery form, the lessee authorizes the lessor to immediately take back and confiscate the vehicle in question wherever it is, without the need for prior warning, permission or judgment. The lessee accepts, declares and undertakes that he will not claim any rights from the lessor for this reason, and that he waives all his lawsuits, complaints and other rights. The lessee is obliged to pay the damages and expenses that may occur during the repossession/seizure of the vehicle by the lessor. The lessor is not responsible for the loss or damage of the objects or items in the vehicle during the recovery/seizure of the vehicle. Even if the lessor has collected the rental fee for the delay period, it cannot be interpreted as extending the rental period or becoming an indefinite period of time.
8.5. In addition, if the vehicle is not delivered on the return date and time, the tenant is obliged to pay the daily rental fee for the first 1 hour or more delays. In this case, the lessee is obliged to pay all kinds of damages that may occur, including those arising from the disruption / disruption of the reservation plan of the lessor. In addition, this matter cannot be interpreted as the extension of the rental period or the fact that it has become indefinite.
9. DAMAGE, INSURANCE AND LIABILITY
9.1. All damages, responsibilities and liabilities that may occur, including material damages, treatment expenses and all kinds of other damages to other motor land transport vehicles, third parties and passengers in the vehicle, as well as material and moral damages, loss of value and loss of earnings, are incurred by the lessor. Compulsory liability insurance belongs to the lessee for the amount that is out of the scope and limits of the coverage. In the event that the lessor compensates for any loss that is out of the insurance coverage and/or above the limits, the lessee agrees and undertakes to pay the lessor the payment made by the lessor, together with the default interest that will be twice the advance interest rate determined by the Central Bank of the Republic of Turkey from the date of payment. .9.2. If the tenant requests an additional assurance package at the time of signing the vehicle delivery form, he is obliged to pay the price of the assurance package he has chosen, in addition to the rental price, in advance. The tenant will be responsible for any cost that is not covered by the guarantees/insurance. Even if the tenant has paid the fees, but not limited to the ones listed below, in case of damage to himself, the vehicle and/or its driver, the persons in the vehicle and/or other third parties and/or other vehicles, the damage/damage liability and the related compensation, damages and expenses may be objected to. agrees to receive without
9.2.1.In cases where it is determined that he was drunk and/or under the influence of drugs at the time of the accident,
9.2.2. Traffic accident record is not issued, alcohol report is not received
9.2.3. Traffic accident report, alcohol report, license photocopy of the vehicles involved in the accident, traffic insurance policy photocopies, photocopies of driver's licenses, good manners determination report and other documents requested by the lessor must be submitted completely and completely to the lessor within 3 days from the date of the accident/incident. in case of not/cannot be done,
9.2.4. Traffic laws and/or 4.5. In case of intentional accidents, in case of using a vehicle contrary to the matters listed in the article,
9.2.5. In case of accidents and/or damages that occur as a result of the use of the vehicle by people other than the renter and the driver(s) determined as an additional driver in the rental agreement,
9.2.6. In cases where the damage costs are not paid by the Assurance / CASCO / Insurance Companies for any reason, the lessee is responsible for all the costs.
9.3. The tenant and additional drivers are obliged to fulfill the following measures in case of an accident:
9.3.1. To inform the LESSOR immediately by calling +90 216 987 0 777,
9.3.2. Applying to the nearest Police or Gendarmerie center after turning the ignition off and without moving the vehicle, ensuring that an alcohol report is received together with the accident, damage, theft, loss detection
report,
9.3.3. Taking photos of the vehicle at the scene of the accident,
9.3.4. Receiving the names and addresses of relevant persons and witnesses,
9.3.5. Not accepting non-existing fault responsibility,
9.3.6. In double-sided accidents, copies of the parties' driver's license, license and traffic insurance policies, where this is not possible, the province where the driver's license number was issued, the title of the insurance company where the traffic insurance policy was made, and policy numbers, etc. get information,
9.3.7. Not to leave the vehicle without taking adequate safety precautions,
9.3.8. To deliver the accident notification and related minutes and reports to the lessor within 72 hours at the latest from the date of the accident/incident,
9.3.9. In case of an accident that results in material, fatal and/or bodily harm, immediately notify the nearest police or gendarmerie officers and/or relevant official authorities,
9.3.10. To obtain and deliver all other documents requested by the Assurer/KASKO/Insurance Companies.
9.4. In the event that the lessee does not pay the full, complete and upfront payment by demanding the above-mentioned assurances and insurances, against the rented vehicle, the driver, the persons in the vehicle, other motor land transport vehicles, third parties, arising from accidents involving the motor land transport vehicle subject to the lease, and/or other reasons. or any damage, loss, compensation, loss of value and loss of earnings that may arise, the lessee is responsible and the lessee is obliged to pay these costs.
9.5. In the event of an accident, the lessor is obliged to block the damage and compensation amounts from the lessee's credit card without any permission or notification, without the need for any permission or notification, without the need for any permission and notification, without the need for any permission or notification, without the need for any permission or notification, the lessor is entitled to a guarantee against the amount of damage and compensation (without limiting the amount of damage and compensation to be given by the lessee and without prejudice to the right to collect the loss and indemnity amounts exceeding this amount). and/or is authorized to collect.
9.6. If the tenant receives vehicle theft assurance, he is obliged to take the necessary measures to prevent theft in order to benefit from this assurance. The tenant is responsible for all costs not covered by the guarantees. In case of any theft, the tenant must prove that he has taken the necessary precautions by returning the vehicle's license and keys, and must submit the official report regarding the theft by making the necessary application to the police authorities. In case the vehicle or any part of the vehicle is stolen while it is on the lease, all necessary reports will be provided by the lessee and submitted to the lessor. In the event that the reports are not submitted by the tenant within 3 days at the latest from the date of the incident, or the Assurance / CASCO / Insurance Companies are not covered by the guarantee (for example, leaving the key on the vehicle and/or delivering the vehicle to the parking lot/washing staff and/or misconduct) etc.) or in cases such as plagiarism that the companies do not qualify as theft, the lessee shall immediately pay the current purchase price of the vehicle or vehicle parts/equipment to the lessor. For the period until this payment, the lessor reserves the right to demand rental fee from the lessee. In addition, the lessor reserves the right to claim damages incurred. In the event that the tenant does not pay the full, complete and upfront price by demanding the vehicle theft security, in the event that the vehicle or any part/equipment of the vehicle is stolen while it is rented, the tenant is obliged to pay the current value of the vehicle and vehicle part/equipment on the date of the incident immediately.
9.7. The lessee, together with the vehicle delivery form, receives the snow chain, navigation, baby seat, etc. specified in the vehicle delivery form. is responsible for the preservation of additional products and documents, tools, equipment and accessories of the vehicle. These products are not within the scope of damage repair and vehicle theft insurance, and in case of damage/damage, loss or theft, the current price on the date of the event will be paid by the lessee to the lessor in cash, in full and immediately.
9.8. The tenant is personally responsible for his personal belongings in the vehicle. Under no circumstances can the lessor be held responsible for this situation.
9.9. The lessor is not the manufacturer of the vehicle and cannot be held responsible in any way for damages, losses and compensations that may occur due to the manufacturing defect of the vehicle or its spare parts.
9.10. In case the vehicle is used outside the rental period and/or by third parties other than the specified driver/additional drivers, or by the driver and/or additional drivers who do not comply with the age and/or driver's license year limit, or in violation of the laws or general conditions, even if the renter has paid the above-mentioned prices. guarantees and insurances are invalid and the TENANT cannot benefit from insurance, assurance and legal rights. The tenant is jointly and severally liable with the driver for these damages and losses.
9.11. The lessor is not responsible for any damages that may occur due to the vehicle being out of service. The tenant is obliged to pay the daily rental fee that will occur during the day the vehicle is out of service.
10. MODIFICATION
Any changes or additions not made in writing with the mutual signature of the parties in this contract, rental conditions, vehicle delivery and return form are not valid. If the tenant does not sign the return form at the time of returning the vehicle, the information in the return form prepared by the lessor will be considered valid. The lessee agrees and declares that the lessor can change or update the terms of the contract at any time, unilaterally and without the tenant's approval.
11. DISPUTE SOLUTION
Turkish Law will be applied in the interpretation of this contract, rental conditions and vehicle delivery and return form and/or in all disputes that may arise between the parties. Sakarya Courts and Enforcement Offices are authorized to settle disputes. In case Turkish and foreign language versions of the contract, rental conditions, vehicle delivery-return form and annexes have been prepared, the Turkish text will be taken as the basis for the interpretation of these texts.
12. PLEDGE OF VEHICLES, ASSIGNMENT OF LEASE PAYMENTS, BANK/FINANCIAL INSTITUTION INFORMATION
12.1. The Lessor may assign the receivables arising from this contract to any bank or Financial Institution. The tenant has agreed to this assignment in advance. The TENANT shall issue and submit the confirmation letter that he/she accepts the assignment, addressed to the Bank/financial institution.
12.2. The lessor may pledge the vehicles subject to the contract to the Bank and/or Finance institution, and may have the vehicle registered as unsold.
12.3. The title of tenancy is with the person of the lessee and cannot rent, transfer, assign, use, or show the vehicles as collateral to third parties in any way, even partially. The vehicle cannot be taken abroad without the written consent of the lessor.
13. PRIVACY POLICY, KVKK COMMITMENT
13.1. The vehicle rented by the TENANT has systems that provide geographical location identification, notably the vehicle tracking system, but the rented vehicle can be tracked, tracked, location and km information recorded by the lessor in order to prevent theft, use contrary to the contract, loss and similar security violations. These records may be disclosed to relevant official or unofficial third parties/institutions when necessary for security reasons or to be used in legal/administrative proceedings/investigations.
13.2. The parties accept that all kinds of commercial and professional information of the other party that they will know in accordance with this contract, rental conditions and vehicle delivery-return form are confidential and undertake not to disclose this information to third parties by the said parties or their employees during and after the contract. they do.
13.3. This confidentiality commitment remains valid even if this agreement is terminated or cancelled. In case of breach of confidentiality obligation, the lessee is obliged to pay any damages incurred by the lessor. The lessor's vehicle, brand, model, license plate, tenant, user, additional driver, etc. It cannot be considered as a violation of confidentiality. The lessee accepts this authority of the lessor in advance.
14. STATEMENTS AND EVIDENCE REQUIREMENT
14.1. The addresses, e-mail and telephone numbers written in this contract are valid for the notifications to be sent by any of the parties to the other party. Unless the other party is notified in writing through a notary public that these means of communication have changed, notifications to these means of communication will pay off.
14.2. In case the address, e-mail and telephone numbers of the Parties in Article 1 change, these changes will be immediately notified to the other party in writing.
14.3. Parties; In disputes that may arise from this contract, the lessor's documents, books, statements and records and computer records are valid, binding, final and exclusive evidence for all parties, no other evidence can be substituted, and even if it is, it will not be taken into account.
15. VALIDITY, RIGHT OF TERMINATION AND PENALTY CONDITION
15.1. The lessor has the right to terminate this contract without any notice, warning or judgment, without any reason, within the rental period, if he deems it necessary, without prejudice, unilaterally and without compensation.
15.2. In the event that the lessee does not comply partially or completely with any or all of the obligations and commitments in the contract, rental conditions and vehicle delivery form, the lessor has the right to terminate this contract without any notice, warning or judgment without prejudice, unilaterally and without compensation.
15.3. If the lessee does not fully and completely pay any of the receivables of the lessee arising from the rental price or the contract, rental conditions, vehicle delivery and return form, or the credit card becomes unusable due to reasons such as the credit card being blocked, the limit being reduced, the cancellation, the expiry of the vehicle, This contract is automatically terminated without any notice, warning or judgment if it is abandoned on the premises (at the discretion of the lessor) or there is a suspicion of breach of trust (at the discretion of the lessor).
15.4. From the date of termination of this contract, the lessee is obliged to deliver the vehicle to the lessor at the specified delivery location within 3 hours at the latest. If he does not make the delivery, the lessee accepts that the lessor takes delivery of the vehicle at the location where it is located, without the need for any notice, warning or decision, as irrevocable. The tenant accepts, declares and undertakes that he will not demand any rights from the lessor due to the use of the right of seizure by the lessor, and that he waives all lawsuits, complaints and other rights.
15.5. The lessee accepts, declares and undertakes that all obligations and responsibilities of the lessee arising from the contract and vehicle delivery form will continue until the vehicle is delivered by the lessee or taken over by the lessor, and that the lessor will be freed from all obligations and responsibilities.
15.6. Regardless of whether the vehicle is delivered by the lessee or seized by the lessor, the lessee will be charged with a default that will process all of the rental fees, delay fees, VAT to be incurred and the advance interest rate of the Central Bank of the Republic of Turkey until the end of the rental period. accepts and undertakes to pay with interest. In addition, the lessor may demand any damages and compensation from the lessee in return for the profit that he will be deprived of.
15.7. After the vehicle is delivered to the tenant, the tenant and/or any 3rd party acting illegally with the vehicle or the vehicle is involved in any crime or for any reason for which the tenant is responsible, the official authorities put a measure in the registration of the vehicle and/or the trustee of the vehicle. and/or delivered to the lessor, these conditions shall be terminated automatically without the need for any notice, warning or judgment. In this case, the lessee, together with all the direct and/or indirect damages incurred by the lessor for this reason, without being limited to towing, transportation, parking, delivery, fines, taxes, fees and the ones listed, also, even if the contract is terminated, as long as the precaution continues, the most of the vehicle will be incurred. accepts and undertakes that he will pay the high daily rent in cash and in full, without any objection. In addition, if the vehicle is confiscated by the official authorities for these reasons, the lessee is obliged to pay the lessor the current market price of the vehicle on the date the price is paid. In the event that the vehicle cannot be sold due to the measures put on the vehicle by the official authorities, the lessee is responsible for the collateral, bank letter of guarantee or cash blockage costs and all other expenses that must be given to the official authorities for the removal of the measure.
15.8. Due to the fact that the tenant does not pay the rent and/or other debts arising from the contract, there is no provisional attachment or provisional injunction etc. In case of a request, the LESSOR accepts, declares and undertakes that it is not required to provide a guarantee.
16. NO WAIVER
The lessor's failure to exercise or delay in using any right or authority granted in this contract, rental conditions, vehicle delivery and return form does not mean that he waives that right or authority, and the use of a right or authority alone or in part does not mean that he or any other right or authority is more effective. does not prevent later use.
17. COMPLETENESS OF THE AGREEMENT
If any provision in this contract, rental conditions, vehicle delivery and return form is deemed invalid for any reason or becomes unenforceable, the other provisions of the contract will remain in effect.
18. ATTACHMENTS
Vehicle delivery and return forms, both concluded with this contract and signed after the signing of these general conditions, are an integral part of this contract and will be interpreted together.
19. FINAL PROVISION
This contract has been signed in a single copy with 19 articles;
