These 'General Rental Conditions' ('Agreement' for short) are an annex to and an integral part of the VEHICLE DELIVERY FORM and LEASING AGREEMENT ('Form' for short) signed between the parties. Under this agreement, the owner or business owner ('Lessor' for short) has rented the vehicle specified in the Form to the Tenant, whose name and address are listed on the Form, for the specified dates. The Tenant declares and undertakes to use the vehicle specified in 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 Tenant assumes all obligations related to the leased property. The Lessee hereby acknowledges, declares, and undertakes that they will not refuse to sign the Vehicle Delivery Forms, which will be prepared upon either picking up or returning the vehicle. Failure to sign the Forms will be deemed to have unconditionally accepted the terms and conditions. Should they have any objections to the form's content, they may raise their objections and claims not by refusing to sign, but by having an expert appraisal conducted at their own expense.
If the Lessor detects any violation by the Lessee of this Agreement and the provisions of the aforementioned law, the Lessee will immediately return the vehicle to the nearest branch office, without further warning or notice, upon the Lessor's initial request. Otherwise, the Lessor is obligated to compensate the Lessor for any material or moral damages incurred. The Lessor reserves the right to terminate this Agreement at any time without giving any reason.
1-) The address specified by the Lessee in the contract and its annexes is the legal notification address. Unless the Lessor is notified in writing of a change of address, all notifications sent to this address will be deemed served and valid in accordance with the provisions of the Notification Law.
2-) By signing this contract, the Lessee acknowledges that they have received the vehicle in good working order and in good condition, both mechanically and in terms of bodywork. It is essential that the vehicle be delivered as specified in the Form. The parties agree that any defects present on the vehicle at the time of delivery will be noted on the Form. Otherwise, any defects discovered upon return to the Lessor will be deemed to have been caused by the Lessee. The Lessee acknowledges that there are no signs of damage or accidents other than those described in the Form upon return of the vehicle.
3-) The Lessee will return the vehicle, along with all relevant documents, accessories, and spare tire, to the Lessor's office or another location specified in the contract, in the same condition as received. The Tenant must also pay the additional rental fee, as specified by the Lessor, for any additional services and equipment, such as a baby seat, navigation device, etc., that the Tenant requests during the use of the rented vehicle, in accordance with the provisions of this agreement. Furthermore, the Tenant must return any additional services and equipment, such as a baby seat, navigation device, portable modem, etc., that the Tenant requests during the use of the rented vehicle, to the rented office or to the Lessor's office at another location specified in the agreement, in the same condition as they were received at the beginning of the rental period. The Tenant undertakes to pay all costs incurred in the event of damage, malfunction, or loss of the devices and equipment, in cash and in one lump sum. The amount to be paid in cash and in one lump sum is the zero price for the brand/model of the relevant additional product.
4-) The Lessee is solely responsible for all direct and indirect losses, damages, and penalties incurred by the Lessor or third parties, arising from operating errors and/or carelessness or negligence on the vehicle received by the Lessee in good condition. These include, but are not limited to, damages, malfunctions, or malfunctions inside and outside the vehicle, and damages that require repair and cleaning due to the vehicle being too dirty to be cleaned under normal washing conditions. These damages cannot be claimed or collected from the insurance company under traffic insurance rules.
5-) If the vehicle is due for maintenance during the vehicle's use, the Lessee is obligated to call the call center, schedule an appointment with an authorized service center, and have the vehicle serviced free of charge. The Lessee undertakes to pay any breakdown costs and loss of value that may occur if the vehicle is not regularly serviced and/or is used despite the malfunction warning lights being illuminated, in full and in cash.
6-) For Economy class vehicles, the renter must be at least 21 years old and have held a driver's license for one year; for mid-range vehicles, they must be 25 years old and have held a driver's license for two years; and for upper-class vehicles, they must be 28 years old and have held a driver's license for five years. Additional drivers, in addition to the renter, must have completed the required rental period in accordance with the general rental conditions. Additional drivers must be notified in writing to the Lessor in advance and/or their information must be recorded on the contract. The additional driver must meet the same conditions as the Lessee. Otherwise, the Lessee is solely responsible for any direct and indirect damages that may arise to both the Lessor and third parties.
7-) Turkish citizens are required to present their driver's license and national ID. These individuals will be subject to a credit check to qualify for the rental. Those who fail the credit check, based on criteria determined by the Lessor, will not be eligible to rent the vehicle.
8-) At the beginning of the rental, the Lessor will collect a deposit from the physical credit card registered in the Lessee's name for the vehicle groups they deem appropriate. Cash, debit, and virtual card payments are not accepted.
9-) The minimum rental period is 24 hours. For rentals shorter than this, the rental fee will be calculated as one day. The Lessee is responsible for making a lump sum payment of the daily rental fee calculated based on the number of rental days, calculated according to the current price list. In addition to the rental fee, the Lessor is also responsible for the following:
a) No fees will be collected for extensions of up to two hours. For rentals exceeding 26 hours, the Lessor will be charged one day's rental fee. If the vehicle does not return on the return date specified in the Vehicle Rental Agreement and the rental period is extended, the Lessor reserves the right to change the daily rental rates.
b) The Lessor is responsible for paying any one-way fees that may arise at the end of the rental.
c) The Vehicle will be returned to the Lessee with the amount of fuel specified on the Vehicle Delivery Form. The difference in fuel costs arising from the vehicle being returned with less fuel than the amount specified on the 'VEHICLE DELIVERY FORM', plus a service fee of 15% of this amount, will be applied.
d) Fuel, highway tolls, all parking and transportation expenses, and all ancillary expenses related to the use of the rental property, as well as all expenses incurred after the rental property is returned to the Lessee, are the sole responsibility of the Lessee.
e) The vehicles are equipped with the HGS (Fast Toll System). Upon return from the rental, the Lessee will pay the relevant office, plus a 20% service fee.
10-) The Lessee will make payments by credit card or voucher at the beginning of the rental period. The Tenant acknowledges, declares, and undertakes that, in the event of non-payment of the rental fee, other fees covered by the contract, and legal payments, the fees will become due and payable without any prior notice or warning, starting from the invoice date, and that they will pay a monthly default interest of 5% (five percent) starting from the invoice date. A security deposit equal to the initial rental amount will be collected from the Tenant's credit card at the beginning of the lease. The Tenant agrees in advance not to object to the collection of the security deposit, the rental fee, any traffic and illegal crossing penalties, and any damages.
11-) The return date specified in the contract may be moved to a later date, subject to payment of the rent for the new lease period and the approval of the Lessor. Extending the lease without the Lessor's approval is not possible, even if the rent is paid. This is a fixed-term lease agreement, and unless the parties expressly agree otherwise, the leased vehicle, product, or additional item will be returned to the Lessor at the end of the term without any prior notice or notification.
12-) The Lessee shall drive the vehicle in accordance with the Traffic Laws and Regulations and carefully comply with traffic rules. The Lessee must comply with the Highway Law, Regulations, and all relevant legislation. The Lessee cannot escape liability by claiming ignorance of these obligations as a driver. The Lessee is responsible for all legal and criminal expenses incurred as a result of any violation of these regulations. Traffic fines issued to the Lessee after the rental vehicle is returned to the Lessee and not paid by the Lessee will be paid by the Lessor within the legally required period, provided that the Lessor is notified of the fine by the Lessee and/or relevant authorities. A service fee equivalent to 20% of the fine (up to a maximum of 100₺) will be collected from the Lessee for each transaction. The Lessee agrees, declares, and undertakes to pay the amount owed by the Lessor immediately upon the first written notification, without the need for a court order, and all additional fees, including service fees, penalties, etc., regardless of their nature.
13-) It is prohibited to rent the rental vehicle under any circumstances or allow it to be used by third parties, even free of charge. Furthermore, the vehicle may not be:
a) By a driver not designated as an additional driver
b) Towing or pushing any vehicle
c) Transporting passengers or goods for income
d) Using the vehicle outside the borders of the Republic of Turkey
e) In racing, speeding, rallying, endurance testing, motor sports, or on roads closed to normal traffic and unsuitable for normal traffic
f) In terrain and road conditions not compatible with the vehicle's technical and endurance capabilities specified by the manufacturer
g) Transporting materials contrary to customs regulations and other laws, or engaging in illegal activities
h) Using the vehicle for any illegal purposes, terrorism, or any other activities contrary to the state or the law is strictly prohibited. If any of these situations are detected, all losses incurred by the Lessor will be covered by the Lessee immediately upon first written notification. The Lessor reserves the right to terminate the contract.
i) The vehicle must be used off-road and in a manner that prevents it from receiving rescue services.
14-) All legally required insurance for the rented vehicle has been obtained by the Lessor. The Lessee accepts and undertakes to cover all liability and related expenses in the event of damage to the vehicle under the following circumstances without objection:
a) If the Lessee is under the influence of alcohol and/or drugs and/or sleep-depriving medications at the time of the accident.
b) If the legal speed limit is exceeded (the accident report states that the accident occurred due to speed) and the vehicle is used in violation of traffic laws in any way.
c) If a traffic accident report (contracted report, police or gendarmerie report) is not obtained.
18-) The Lessor shall not be held responsible for the loss, theft, theft, or damage of any property carried or left in the vehicle by the Lessee. The Lessee releases the Lessor from any and all claims, lawsuits, complaints, and damages that may arise from any such loss and/or damage.
19-) Since the Lessor does not manufacture the vehicle, it shall not be held responsible in any way for any material or moral damages or losses that may occur 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 the delivery of the vehicle in a usable condition and the prompt performance of necessary maintenance.
20-) If the Lessee fails to comply with any provision of this agreement, and in particular, fails to return the vehicle on the agreed-upon date, the Lessee acknowledges and agrees that the Lessor has the authority to immediately repossess the said vehicle, regardless of location, without any notice, warning, or court order. The Lessee is obligated to pay immediately upon request for any damages and expenses incurred during the Lessor's return of the vehicle. The Lessor is not responsible for any loss or damage to any objects or materials found in the vehicle during the return.
21-) The Lessee acknowledges and declares that failure to return the vehicle despite the expiration of the contract constitutes a crime under criminal law. They are aware that they will not be entitled to any insurance, guarantee, or legal rights regarding damages and liability if the vehicle is used for purposes other than the rental period and/or for users other than those specified in the contract and/or if the vehicle is used illegally.
22-) Stamp duty and all expenses arising from this contract are the responsibility of the Lessee.
23-) This contract is drawn up in Turkish and English. In the event of any differences and/or contradictions between the Turkish and English texts, the Turkish text will prevail.
24-) In any dispute that may arise from the implementation of this contract, the Parties agree that the Lessor's records, including books, documents, statements, and telephone, video, audio, and computer recordings, shall be kept in accordance with Article 13 of the Civil Procedure Code (HMK). 193. The Lessee acknowledges and undertakes that this is conclusive and exclusive evidence. Furthermore, the Lessee also acknowledges and undertakes that they waive any and all defenses, objections, or oaths to the effect that the Lessor's records are duly maintained. This clause constitutes an evidentiary agreement.
25-) The Lessor has installed a vehicle tracking system on the rented vehicles to enable the Lessor to track the rented vehicle and, if necessary, to stop and retrieve it. The Lessee acknowledges and agrees that the vehicle tracking system has been installed on the rented vehicle, that the vehicle is being tracked, and that if the Lessor fails to return the vehicle by the return date specified in this Agreement and/or if deemed necessary by the Lessor during the contractual relationship, the Lessee may use this system to locate and stop the vehicle. They agree not to claim any compensation and/or damages from the Lessor under any name or title due to the vehicle being stopped. The Lessor acknowledges, declares, and undertakes not to abuse its authority to track and stop the vehicle. If the Vehicle Tracking System is damaged, removed, attempted to be removed, or interfered with in any way due to reasons attributable to the Lessee, all losses incurred by the Lessor, including the cost of removing and installing the system and the device itself, will be immediately covered by the Lessee. The Lessee acknowledges in advance that any interference with the Vehicle Tracking System constitutes termination of this Agreement.
26-) The Lessee irrevocably agrees to the collection of all other fees arising from these general conditions, vehicle delivery, and return forms, without the need for any permission, provision, or notification, from the Lessee's credit card, for an extended period of time, without limitation, including the fees mentioned above. Even if this Agreement is terminated or terminated for any reason, this Article 26 shall remain in effect indefinitely.
d) If the Lessee loses his/her authority to drive a vehicle for any reason after the conclusion of this contract (confiscation of the driver's license, any illness that prevents driving, etc.), he/she shall immediately notify the Lessor of the situation and return the vehicle. If the Lessee fails to return the vehicle despite not having the authority to do so.
e) Damages and/or accidents resulting from the use of the vehicle by individuals other than the Lessee and those designated as additional drivers in the rental agreement.
f) In cases where the damage is not paid in accordance with the general terms of the comprehensive insurance policy and/or the insurance company fails to make payment for any reason, as determined by the Undersecretariat of Treasury and/or the Association of Turkish Insurance and Reinsurance Companies, within the scope of amendments to legal legislation and relevant regulations.
g) In cases of vehicle theft, general comprehensive insurance rules apply. In cases where such acts as theft are not considered theft by insurance companies and are not covered by comprehensive insurance, and where insurance companies fail to pay, the Lessee agrees to pay the vehicle price and any other damages in advance.
h) If the Lessee is involved in an accident involving the rented vehicle and is penalized for alcohol, drugs, leaving the scene of the accident, or otherwise failing to comply with general traffic rules, the Lessor may claim from the Lessee the rental price, as well as any direct and indirect damages incurred due to the accident.
15-) Accidents or damages incurred by the Lessee and designated additional drivers during the rental period. In the event of an accident, the Lessor is obligated to take the following precautions to protect the interests of the Lessor and the insurance company:
a) Take the maximum security measures expected of itself, the vehicle, and third parties.
b) Obtain and forward to the Lessor all necessary traffic accident reports and documents, such as reports, police and/or gendarmerie reports, etc.
c) Obtain photocopies of the other party(ies)'s driver's licenses, registrations, and traffic policies.
d) Photograph the scene.
e) Report any accident resulting in material, fatal, or bodily harm to the nearest police or gendarmerie.
f) Deliver all documents related to the accident to the Lessor within twenty-four hours of the accident.
g) Also, in the event of an earthquake, flood, hail, landslide, lightning strike, etc. In the event of any damage to the vehicle(s) due to natural disasters, terrorism, or other causes such as chaos, the Lessor must obtain the necessary reports and documents from the relevant authorities regarding such damage and deliver them to the Lessor within 48 hours.
16-) The Lessee is obligated to park the vehicle securely and locked, ensuring all necessary security. In the event of theft, the Lessee must prove that they have taken the necessary precautions by returning the registration and keys and making the necessary applications to the relevant law enforcement authorities to benefit from theft insurance. Otherwise, the Lessee is responsible for paying the current purchase price of the vehicle and any other damages incurred in cases where the vehicle is not covered by comprehensive insurance and the insurance company does not pay for the damage. For damages resulting from a lost license plate, the Tenant must pay the cost of reissue of two license plates and the service fee. For lost keys, the key fee determined by the manufacturer, including the service fee, is also payable.
17-) Material damage and medical expenses incurred by third parties and passengers in the vehicle are limited to the vehicle's mandatory traffic insurance limits. All responsibilities and obligations not covered by traffic insurance are the Tenant's responsibility. All damages and losses that can be recoursed against the Lessor as the Owner/Operator will be covered immediately by the Tenant upon the Lessor's first written request, without the need for a court order.
27-) If both parties are legal entities (otherwise, the provision of this article shall not apply), the Parties shall be Data Controllers pursuant to the Law on the Protection of Personal Data No. 6698 published in the Official Gazette dated 07.04.2016, and with this awareness, they shall show utmost care in processing and preserving all personal data of all persons related to the Parties, including those who benefit from products and services, in accordance with the Law on the Protection of Personal Data No. 6698. Approval shall be obtained for the processing and preservation of personal data of customers. Any request from customers regarding how and for what purpose the processed personal data is stored and protected shall be responded to promptly in accordance with the law. All information of customers that constitutes personal data shall continue to be stored by the Parties in accordance with the procedure, and the Parties shall take all technical and administrative security measures specified in the legislation, as legally mandatory, to ensure the security of the stored and processed personal data. The parties acknowledge, declare, and undertake that all their activities related to the processing of personal data they receive and/or collect from each other, for which they are jointly responsible, will always comply with applicable legislation. The definition of processing includes all actions that may be performed using personal data, including obtaining, collecting, recording, storing, analyzing, reporting, aggregating, filing, deleting, and destroying personal data. The parties are responsible for ensuring that their employees comply with legislation regarding personal data for which they are jointly responsible. The parties are jointly liable for any damages incurred by third parties due to the breach of their obligations set forth in this article, and reserve the right to recourse against each other in their internal relations to the extent of their fault.
28-) In accordance with the provisions of Law No. 6698 on the Protection of Personal Data, the Lessor processes and preserves the personal data obtained under this agreement in accordance with the law for the signature of this agreement, issuance of invoices, monitoring of sales, rental, and other contract processes, monitoring of financial and accounting transactions, and similar legitimate purposes. It destroys and/or makes public the personal data obtained in accordance with the legislation and the policy issued by the company, observing legitimate purposes. The Lessor's sharing of information such as the vehicle, brand, model, license plate, Tenant, user, additional driver, credit card, etc., with third parties and organizations from which it receives services, in accordance with the contract and the law, cannot be considered a breach of confidentiality. The Lessee or the person signing the return/delivery form accepts this authority of the Lessor in advance. For more detailed information about the measures our company takes regarding the protection of personal data, the methods it uses, and the purposes for which it is based, you can review the company policy published on our website, brandrentacar.com. This agreement has been prepared in Turkish and English. I acknowledge that I have reviewed and read the front and back of the contract.
