CAR RENTAL AGREEMENT
With this agreement lessor REPLEASE TOURISM AUTOMATIVE IND. AND TRA. INC. (Hereafter called as AVEC CAR RENTALS 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 will return the vehicle, in the same condition as it was received, with all the documents, accessory kits and spare tires to the same center it was rented on or to a Lessor office in another location stated in the agreement. If Lessee demands additional service and gears like baby car seat, navigation device, etc. during leasing term, he/she is obliged to pay for additional rental fee to be declared by the Lessor in accordance with the articles of this agreement. Lessee will apply to Lessor and receive approval regarding prolonging the leasing term.
2-Lessee agrees to pay for all the damage and loss including all kinds of mechanic and electric damages resulted from misuse and/or carelessness, recklessness, etc. ( including but not limited to transmission failure due to gear failure, damages result from using vehicle while warning light is on and striking bottom of the vehicle, cigarette burn and/or tear on the vehicle flooring and accessories, stain requires detailed cleaning etc., causing damage to parts like tire and wheel rim, malfunction and damages result from fuel etc.) done to the vehicle he/she received in good condition. All the damage and loss including this mechanic and electric lies beyond the scope of vehicle insurance and guarantee. Lessee agrees that there is not any damage or accident mark on the vehicle. (Except for the ones stated in the rental agreement or delivery form)
3-The vehicle used by the lessee and declared above is secured within legal boundaries by terms of exempt AUTOMOBILE INSURANCE. Vehicle is also insured against financial loss, fire and theft by the lessor. Responsibility terms of lessee varies depending on the group the vehicle belongs to. All this information is given in the price list. Responsibility can be removed if lessee pays an additional charge at the daily rate determined concerning the group the vehicle belongs to. However, lessee is responsible for paying damage costs caused by strikes (bridge, balcony or any other material fell from above) to the vehicle or top of the coachwork, even if the accident insurance covers them. Although lessee bought SCDW liability insurance, he/she accepts damage responsibility and related costs in case the vehicle is damaged under the circumstances stated below.
- Driving under the influence of alcohol and/or drugs,
- In case of exceeding legal speed limit (stating in the accident report that the accident occurred due to excessive speed )
- In case there is no traffic collision report and alcohol test
- Driving against traffic rules
4- Vehicle should not be used as follows:
- For transporting passenger or goods in return for overt or covert income
- For propelling or towing any other vehicle or person
- For transporting materials against customs legislation and other laws or doing other illegal activity
- By someone under the influence of alcohol or drugs
- By third person who is not identified as additional driver
- In motor sports (race, speed test, rally, strength and speed tests, etc.)
- For transporting load or property in excess of the rated weight capacity of the vehicle that would cause damage
- In places and conditions (terrain, mountainous terrain, sand, marsh, stream bed, etc.)that are not appropriate for leasing goal considering brand and models of the vehicles and in places and roads that are not appropriate for vehicle's strength and are beyond its technical design, shortly in extraordinary conditions
5- Use of the vehicle
- To rent a car in economy group, lessee must be 21 years old and have license for a minimum of 2 years. To rent a car in intermediate group lessee must be 23 years old and have license for a minimum of 2 years. To rent a car in luxury group lessee must be 28 years old and have license for a minimum of 5 years. Maximum 2 additional drivers can be applied for one vehicle. In case drivers' age and license validity time are not appropriate, 'Young Driver Package' may be bought in return for certain terms and price. Lessee who uses Young Driver Package must buy SCDW insurance.
- Driver must be at the certain age and have license for the certain amount of time set in general leasing and terms leaflet.
- Vehicle can be used by individuals who comply with the terms for drivers whose names were registered on the agreement and were described in articles (a).(b) by the lessee at the beginning of the lease.
- After leasing term begins, changes to be demanded concerning insurance coverage are doable by contract renewal following necessary controls performed by the nearest Avec Car Rental.
6-Lessee is obliged to make sure that the individual he/she authorized to use the rental vehicle complies with all the terms this agreement requires. Rental vehicle can be used only by people stated in agreement and delivery form. For the damage done while a third person, not stated in the agreement, using the vehicle, no damage insurance is valid. Otherwise Lessee is exclusively responsible for all kinds of direct or indirect damages that could occur before both Lessor and third parties.
7-Minimum rental period is 24 hours (1 day). Any rentals less than this period will be considered and collected as one day. Lessee agrees to pay the rental fee calculated in terms of rental fee per day in the current price tariff in cash and at once. If the Lessee does not return the vehicle at the expiry of the leasing term, he/she agrees to pay in cash and at once 1/3 of per-day fee for each hour when late up to 3 hours and 1 day fee when late more than 3 hours.
8-In case there is damage in the process of rental with CDW insurance which is included in the daily car rental fee within the scope of exempt insurance, the amount of 1.500 TRY in economic group cars, 2.000 TRY in Intermediate group cars, 3.000 TRY in Premium group cars, 5.000 TRY in Luxury group cars is under Lessee's responsibility. According to this responsibility exempt limits of which are stated, lessee should provide documents regarding damage and submit to the Lessor in full. In case required documents are incomplete or not present, the full amount of damage cost must be paid by the lessee whose name is on the agreement. Warranties that can be included to the agreement on condition that additional price is paid. Optional articles the Lessee agrees to by signing are Collision Damage Waiver (CDW), Theft Protection (TP), Super Collision Damage Waiver (SCDW). SCDW includes all the (CDW, TP, GP) services.
- Mini Damage Insurance provides the advantage to cover the repairment costs up to 750 TRY upon lessee's declaration.
- Super Collision Damage Waiver (SCDW): is an insurance that covers the damage cost when all the required documents stated to benefit from insurance regarding single/multi-vehicle accidents are provided.
- Theft Protection (TP): guarantees 'compensation for job loss' arises in time between theft and insurance payment.
- Gravel Protection: is an insurance that covers the damages to the windscreen and headlights occurred in leasing term.
There are conditions that insurance policies to be valid:
- When the vehicle is driven by one of the people described in the rental agreement during the accident,
- Driver of the vehicle must on no account be under the influence of alcohol or any drugs while driving,
- In case of SINGLE-VEHICLE accident or theft, applying to the nearest police or military police station and receiving accident, theft and alcohol test reports before removal of the vehicle,
- In MULTI-VEHICLE accidents, except for the conditions given below, with regards to the way of the accident,
Filling Property Damage Car Accident Report fully
, in multi-vehicle accidents car accident report should be filled by traffic police only in conditions given below:
- If driver is unlicensed,
- If driver is under age,
- If driver is suspected to have alcohol or mental disorder,
- If one of the vehicles engaged in the accident belongs to public institutions,
- If any damage occurs on the belonging of the public institutions,
- If only damage occurred on the properties belong to 3rd parties,
- If one of the vehicles engaged in the accident does not have traffic insurance,
- If accident resulted in death and/or physical damage.
- In case of THEFT, 'Theft Report' should be received from the nearest police or military police station and car keys and vehicle license should be delivered to AVEC CAR RENTALS.
- Any kind of damage responsibility which is above insurance warrant limits belongs to the lessee.
However, if lessee is fined with any penalty due to alcohol, drug or any other reason (violation of general traffic rules), lessor gets the right to demand repair prices for the damage and all the expenses caused by the accident.
9-In case the vehicle is dropped somewhere other than the AVEC CAR RENTALS offices at the end of the leasing term, possible one-way cost, taxes, missing fuel price and additionally 40 TRY service charge will be collected from the credit card of the lessee. Deliver car to/collect it from service is included in the 80 TRY service charge in distance up to 40 km from AVEC CAR RENTALS offices from which car checks out after rental, for distances far more than 40 km charge of this service varies depending on the distance. This 'deliver car to/collect it from' service is completely under the Lessor's initiative and Lessor cannot be forced to provide even if service charge is offered.
10- Lessee shall make the payments with credit card, cash money or voucher at the beginning of the leasing term. If Lessee fails to pay rental fee, other charges within the scope of agreement and legal costs, he/she agrees that as from invoice date charges will be due and agrees to pay them with 5% ( five percent) monthly default interest.
11- Lessor may pay all the charges as traffic offenses, road user charges, parking tickets, towing charges fined after delivering the vehicle to the Lessee to benefit from legal discounts in the legal time span. If Lessor makes these payments, 20 (twenty) TRY service charge for each process in addition to charge amounts will be collected from the Lessee. In case this amount is above the provision charge or the credit card limit is not sufficient and therefore the amount is not collected, Lessee agrees to pay the charges, the Lessor paid, with the service charge right away following the first written notice without waiting for court decision.
12- Pre-provision may be made from the Lessee's credit car. The amount changes in regard to rental car group: minimum 750 TRY for economic group cars, minimum 1,000 TRY for intermediate group cars, minimum 1,500-2,000 TRY for premium group cars and minimum 4,000 TRY for luxury group cars. For upper group cars 1,500 TRY will be made from Lessee's each of the two credit cards from different banks, if necessary. These provision amounts are determined as sub-limits and provision amounts above these limits may be requested by the Lessor. Lessor is the only authority in determining the car groups and has the right to make changes in provision amounts and car groups at any time he/she wants. Provision amount taken at the beginning of the leasing will be used for collection of any kind of traffic offense, road user charges, parking ticket, towing charges and all the damage costs. Lessee agrees to not object this procedure with his/her credit card under no circumstance.
13- Vehicle kilometer limit is 400 km per-day. For above 10 (ten) days and monthly leasing it is limited to 4,500 km in economic group cars, to 4,000 km in intermediate and premium group cars, to 3,500 km in luxury group cars. Leasing term will end automatically without any need for further notification when monthly km limits are reached. In case declared kilometer limits for the rental vehicle are reached before the time stated in the agreement, the Lessee will immediately return the vehicle to the Lessor. The Lessee agrees to pay the whole amount of rental fee determined for the leasing term to the Lessor. One month stated in this article is 30 days. In time between reaching kilometer limit and delivering vehicle to the Lessor, Lessee will be charged 0,35-1,00 TRY +VAT for each exceeding kilometer depending on the car group and the charge will be collected from provision taken from credit card. LESSEE, in advance, agrees to cover for the possible maintenance charges caused by this limit exceeding. Lessee can use the 'additional kilometer package' if he/she demands on daily rentals. Additional Kilometer Packages cannot exceed monthly kilometer usage right stated in the Agreement.
14- To allow the Lessor to track the rental vehicle and to stop and take it back if necessary, rental vehicles are equipped with vehicle tracking system. Lessee agrees that rental vehicle is equipped with vehicle tracking system, is being tracked and unless he/she returns the vehicle on the returning date stated in this agreement and/or in conditions Lessor considers necessary while agreement relation is still valid, by using this system the location of the vehicle can be tracked and by stopping the vehicle it can be taken back. Lessee, in advance, agrees to consent these matters and not demand any compensation and/or damage in any way from Lessor because the vehicle is stopped and taken back. Lessor, in advance, agrees to not abuse the authority to track and stop the vehicle. In case said vehicle tracking system is damaged because of the Lessee, dismantled, tried to be dismantled and rendered useless by interfering the system and/or tried to do so, Lessee will immediately pay for all the damage costs to the Lessor primarily dissembling and assembling system cost and device price. Lessee, in advance, agrees that all the interference with the vehicle tracking system terminates this agreement.
15- In case of an accident within the leasing term, to look out for lessors insurance company's interests Lessee and authorized drivers takes precautions stated below:
a) Taking names and addresses of relevant people and witnesses,
b) In multi-vehicle accidents taking copy of driving license, registration and traffic insurance policy of the counter part. If taking copy is not possible gathering their information (Driving License Number, City of Issue, Traffic Insurance Policy Number and name of the Insurance Company, etc.)
c) Not taking responsibility and pleading guilty,
d) Not leaving the vehicle without taking enough security measures,
e) Informing the nearest safety officers or relevant authorities immediately in case of an accident occurs result in death or physical damage,
f) Handing accident notification in 24 hours, relevant minute and reports in 3 days at the latest to the relevant office,
16- Lessor under no circumstances can be hold responsible for if any material transported or left in the vehicle is lost or damaged. Lessee, in advance, releases the lessor irreversibly from lawsuit, accusation, complaint and damage result from such loss or damage.
17- Lessee is responsible for taking necessary precautions for possible accident or theft and locking all the doors of vehicle while vehicle is not used. In case the vehicle is stolen, if lessee returns registration and keys proving that he/she took the necessary precautions and informed relevant security authorities, he /she will be released from responsibility and will benefit from theft insurance (TP).
18- Treatment costs for physical damages done to third parties and passengers in the vehicle are limited with compulsory Traffic Insurance of the vehicle and all the responsibility and obligations occur belongs to lessee.
19- As Lessor does not manufacture the vehicle, he/she cannot be hold responsible for possible loss result from mechanic or manufacturing defect of the vehicle or the replacement parts.
20- If Lessee transports property or passenger, he/she, in advance, agrees that all the responsibility relevant to transported property or passenger belongs to him.
21- Lessee must oblige to Highway Regulations and current traffic rules. Being driver of the vehicle, Lessee cannot claim that he/she is unaware of these obligations. Lessee is responsible for the penalty or costs result from acting against Highway Regulations. Therefore, lessor cannot be hold responsible for the damage done to transported property.
22- In case lessee acts against any of the articles of this agreement exclusively does not return the vehicle on the agreed time, lessee gives the lessor the authority to take back the vehicle from wherever it is without forewarning. On taking back the vehicle, lessor cannot be hold responsible for loss or damage of materials that are present in the vehicle. However, lessor takes all kinds of precautions to look out for lessee's interest.
23- Invoices will be paid in cash in return for a receipt. Unless payment is made, monthly highest interest applied to time deposit is demanded over unpaid amount.
24- Any changes or additions in this provision and conditions not written down is invalid.
25- In case rental fee is not paid, Avec Car Rentals has the right to demand provisional seizure or provisional injunction with this agreement.
27- Lessor and Lessee agrees that all kinds of commercial and professional information they learn according to rental agreement, general conditions and vehicle delivery form is private and not to disclose this information by the concerned parties or the employers to the third parties during and after the agreement. Lessee assents that his/her personal information, credit card, etc. information will be kept by Lessor. This confidentiality undertaking conserves its validity even if the rental agreement and these general conditions terminated or were annulled. If Lessor shares information about vehicle, brand, model, plate, Lessee, user, etc. with the 3rd parties and institutions from which he/she receives service, it cannot be seen as violation of privacy. Besides, Lessee accepts that his/her personal information will be recorded and agrees to be sent product, service and advertisement, marketing about campaigns and all kinds of commercial e-mail messages including informational sms, mms, e-mail and to be contacted via using other communicational means.
26- For any controversy results from this agreement, apply to Istanbul courts and enforcement offices.
27- This agreement comprises of 27 articles and 4 pages.