Rental Agreement

 

1. With this contract, BİLEN OTOMOTİV TİC.LTD.ŞTİ. (hereinafter referred to as the LESSOR) has rented the vehicle defined in ANNEX-1 signed as an annex to this contract (hereinafter referred to as the “vehicle”) to the RENTER whose name and address are stated in the contract. The RENTER declares and undertakes that he/she accepts to use the vehicle in accordance with the conditions specified in this contract and the applicable highway legislation and to pay the rental fee. By signing the contract, the RENTER accepts the responsibilities belonging to himself/herself and/or his/her legal entity and all liabilities arising from this responsibility. All notifications made to the address declared by the RENTER on the contract shall be deemed valid.

 

2.The RENTER shall return and deliver the vehicle, spare wheel, all tires, documents, accessories and equipment of the vehicle as received to the RENTER or to a point agreed upon with the RENTER on the specified day and time. For all extensions, the RENTER shall apply to the RENTER and obtain the written approval of the RENTER. In extensions made without approval, it is accepted by the parties that the RENTER has the vehicle in his possession illegally. If the RENTER requests additional services such as navigation, baby seat, snow tires etc. for the rented vehicle, he/she must pay the additional fee.

3.The RENTER accepts that the vehicle in question has been delivered in good and sound condition, both mechanically and in terms of bodywork, and that there are no signs of damage or accidents on the vehicle (except those specified in the vehicle delivery form). The RENTER accepts and undertakes to pay all kinds of mechanical, electrical and other third party claims, penalties, and damages that occur due to usage error and/or carelessness and negligence on the vehicle received in good and sound condition, and that cannot be claimed and collected from insurance companies within the scope of traffic insurance rules, upon first request.

 

4. The following situations are not covered by insurance and the costs are the RENTER's responsibility:

   - Tire punctures, damage to rims

   - Stealing, dropping or losing the hubcap and spare wheel

   - Damage to documents, license plates, or fire extinguishers

   - Loss or damage to ashtrays and antennas

   - Damage to the engine from continuing to drive with overheating or oil pan damage

   - Damage caused by driving on under-inflated tires

   - Damage caused by incorrect use of snow chains

   - All damages under 500 TL (Five Hundred TL) including VAT

   - Damages caused by impacts on the upper parts of the vehicle or body (caused by bridges, balconies, branches or any object)

 

5. When the vehicle is not in use by the RENTER, the RENTER is obliged to take the necessary precautions to prevent possible accidents or thefts and to lock the doors of the vehicle. Any loss or damage that may occur as a result of theft and/or attempted theft of the vehicle by seizing the vehicle keys after the vehicle is delivered to the RENTER (including theft in the parking lot, after delivery to the valet, at washing stations, etc. as a result of being entrusted to third parties) are not covered by the guarantee and after the theft is discovered, the RENTER agrees to pay the current market value of the vehicle to the LESSOR within 3 days at the latest. However,

   5.1. Stealing or attempting to steal a vehicle by usurping the vehicle keys,

   5.2. Theft or attempted theft of the vehicle by breaking, drilling, demolishing, overturning, forcing, using force and violence or by threatening or climbing with tools or body agility while the vehicle keys are in a closed and locked space of the insured or the person using the vehicle, is within the scope of insurance coverage. General car insurance rules apply in vehicle theft, and in cases such as theft, which insurance companies do not consider as theft, which cannot be included in the scope of car insurance and which insurance companies do not make payment, the RENTER agress to pay the vehicle price and other damages in advance.

6. The vehicle is covered by traffic insurance and comprehensive insurance.

   6.1. In order to open a damage file from the insurance, the RENTER must provide the LESSOR with the original police report or the material damage accident report, photocopies of the licenses of the vehicles involved in the accident, the traffic insurance policies of the parties, the drivers' licenses, and photographs of the scene and vehicles after the accident.

   6.2. In cases where a report cannot be provided, the limit for repair with a declaration is 500 TL (Five Hundred TL). In cases of damages above this limit, a police report or a material damage report must be kept.

   6.3. If the insurance company does not accept the declaration or excludes it from the scope, or if the documents in article 6.1 are missing, the RENTER is responsible for covering the costs related to the damage.

 

7. The LESSOR provides the RENTER with a free spare vehicle (replacement vehicle) only in the following cases:

   7.1. If the vehicle is rendered inoperable due to damage and the vehicle and all documents related to this situation are delivered to the LESSOR

   7.2. If a technical fault in the mechanical parts of the vehicle and from the moment it is confirmed that it is covered by the warranty

 

8. The RENTER accepts to cover the damage liability and related expenses without objection in case of damage to the vehicle under the following conditions, despite accepting the damage insurance:

   - If the RENTER was drunk under the effects of alcohol and/or drugs at the time of the accident

   - In cases where the legal speed limit is exceeded (the accident report states that the accident occurred due to speed)

   - In cases where a traffic accident report is not prepared and an alcohol report is not obtained, in intentional accidents

   - In cases where the vehicle is used in violation of traffic laws

   - In cases where the RENTER and the driver/drivers specified as additional drivers in the rental agreement are used

   - In cases where the insurance fee is not paid in accordance with the general conditions of the insurance policies of the Insurance and Reinsurance Companies Association of Türkiye and/or in cases where the insurance companies do not make payment for any reason.

 

9. The vehicle shall not be used in the following ways:

   - Carrying passengers or goods in return for an open or hidden income

   - Pushing or pulling any vehicle or trailer

   - Carrying materials contrary to customs legislation and other laws or in other illegal activities

   - In motorized sports (including races, speed tests, rallies, durability and speed tests)

   - Carrying loads/items in a way that will damage the vehicle and exceed the loading limit

   - Taking into account the brand and model of the vehicles, in places and conditions not suitable for the rental purpose (such as terrain, mountainous terrain, sand, swamp, stream bed, etc.) and in places and roads not suitable for their technical structures and endurance powers other than their purposes, in short, in unusual and unsuitable road conditions

 

10. Use of the vehicle:

   10.1. The vehicle must be used by the RENTER or the additional driver listed in the agreement, both of whom must have at least 2 years of valid driver's licenses.

   10.2. The RENTER is obliged to ensure that the person authorized to use the rented vehicle complies with all the terms of this contract. Otherwise, the TENANT is fully responsible for all consequences that may arise.

 

11. The RENTER is obliged to pay the following upon the request of the LESSOR, under the conditions determined by the LESSOR:

   11.1. The rental fee calculated based on the number of rental days according to the current price list,

   11.2. The RENTER shall pay the optional additional services that he/she has accepted by signing, the one-way fee that may arise at the end of the rental and the legally imposed taxes, the service fee of 30% of the remaining fuel price if the vehicle is not returned with a full tank at the end of the rental, together with the fuel amounts.

 

12. In case of an accident, if the RENTER is penalized due to alcohol, drugs or any other reason (non-compliance with general traffic rules), the LESSOR gains the right to demand from the RENTER the repair costs of the damages caused by the accident, together with compensation for all expenses incurred due to the accident. At the beginning of the rental, a pre-authorization for the approximate amount of the rental or a sales transaction for this purpose is blocked from the RENTER's credit card. The RENTER accepts in advance that he/she will not object to the collections made with the pre-authorization - rental fee, damage, loss fee.

 

13. While purchasing fuel from authorized fuel service stations, mechanical damages and expenses that the insured vehicle may incur as a result of the pump operator intentionally or negligently giving the wrong fuel during refueling are not covered by the insurance coverage.

 

14. The LESSOR cannot be held responsible for compensation for stolen or excessive items from inside the vehicle.

 

15. The RENTER is responsible for paying the damage costs that are not covered by compulsory traffic insurance, including material damages and treatment expenses (including moral damages) incurred by third parties and passengers in the vehicle.

 

16. The RENTER and other authorized drivers (additional drivers) must take the following measures to protect the interests of the LESSOR’s insurance company in the event of an accident during the rental period

   16.1. Obtaining the names and addresses of the relevant persons and witnesses

   16.2. In case of a double-party accident, obtaining a photocopy of the driver’s license, registration and traffic insurance policies of the party/parties, or in cases where photocopying is not possible, obtaining their information (driver’s license number, province where it was issued, traffic insurance policy numbers and name of the insurance company, etc.)

   16.3. Not admitting a crime or damage that he/she did not commit or cause

   16.4. Not leaving the vehicle without taking sufficient safety precautions

   16.5. In the event of an accident resulting in material, fatal or bodily damage, immediately report the situation to the nearest police officers or relevant authorities

   16.6. Deliver the accident notification and relevant minutes and reports to the LESSOR within 24 hours at the latest.

 

17. The LESSOR cannot be held responsible for the loss of any property carried or left in the vehicle by the RENTER. The RENTER releases the LESSOR from any lawsuits, accusations, complaints and damages that may occur as a result of such loss or damage.

 

18. Fuel expenses, traffic fines, bridge and toll highway tolls (such as HGS((Fast Pass System)) /OGS((Automatic Toll Collection System)) ) belong to the RENTER.

 

19. Since the LESSOR does not manufacture the vehicle, it cannot be held responsible in any way for losses that may occur as a result of mechanical or manufacturing errors in the vehicle or its spare parts.

 

20. If the RENTER carries goods and passengers, the LESSOR cannot be held responsible for any damages that may occur to the goods or passengers carried, the responsibility belongs exclusively to the RENTER and/or the driver.

 

21. The RENTER must comply with the highway regulations and the laws in force. The RENTER cannot claim to be unaware of these obligations as the driver of the vehicle. The RENTER is responsible for the penal expenses arising from behaviors contrary to the highway regulations. The traffic fines imposed on the relevant vehicle during the rental period and not paid by the RENTER shall be paid by the LESSOR within the legal period on the date the fine reaches the RENTER, and 25% (twenty-five percent) of the fine amount shall be added to the service fee and collected from the RENTER.

 

22. In case the RENTER does not comply with any article of this contract, especially if the vehicle is not returned on the agreed date, the RENTER grants the LESSOR the right to immediately take back the said vehicle, wherever it may be and without prior warning. The RENTER is obliged to pay for any damages and expenses that may occur during the vehicle being taken back by the LESSOR. The RENTER is not responsible for the loss or damage of any objects or materials in the vehicle during the return of the vehicle.

 

23. The RENTER shall make payments by credit card (if necessary by mail order method) or in cash. In addition, RENTERs working with a current account shall make their payments within 3 (three) days after the invoice is issued. The RENTER accepts, declares and undertakes to pay default interest in the amount of twice the Central Bank of the Republic of Turkey (TCMB) advance interest rate as of the invoice date without the need for any warning or notice in the event of non-payment of the rental fee and other fees within the scope of the contract and legal payments.

 

24. The RENTER declares that he/she is aware that not returning the vehicle despite the expiration of the contract period constitutes a crime according to the provisions of criminal law, and that he/she will not be able to benefit from any insurance, guarantee or legal right in terms of damage and liability in the event that the vehicle is used outside the rental period and/or other than the tenant or is used in a manner contrary to the law.

 

25. Detailed information regarding the rental is included in the annex of this contract under the title ANNEX-1.

 

26. The RENTER accepts, declares and undertakes that Bilen Otomotiv Tic. LTD. ŞTİ. is authorized to take a precautionary attachment or precautionary measure decision without providing a security in case of non-payment of the rental fee.

 

27. The RENTER accepts in advance that the book records and documents of the LESSOR are valid and sufficient legal evidence.

 

28. MERSIN Central Courts and Enforcement Offices are authorized to resolve disputes arising from this agreement.