Article 1 - PARTIES This agreement is on one side with DALAMAN-RENTACAR.COM(BAYKAYA TURİZM) operating at Ölüdeniz Mahallesi Ölüdeniz Caddesi Özyer İş Hanı DALAMAN-RENTACAR.COM(BAYKAYA TURİZM) Fethiye/MUĞLA center address (Lessor) and on the other side, the real person whose name and address are mentioned on the front page of this agreement and whose signature is present and who buys the car to use in return for rent. or legal entity (Tenant).
Article 2 - SUBJECT The subject of this car rental agreement is to determine the rental conditions of the vehicle rented to be used by the TENANT under the rental agreement, the form and conditions of payment of the rent and other fees determined by the TENANT in return, and the mutual rights and obligations of the parties.
Article 3 - GENERAL CONDITIONS 3-1 The vehicle owned by the lessor, with its five tires, tools in perfect condition, relevant documents (traffic license, maps, etc.) and all accessories, is received in good condition, provided that the conditions to be explained in detail are complied with, on the day and time specified in the contract, unless otherwise agreed. If it is not reached, he accepts that he will return it to the place where he received it.
3-2 In the cases listed below, the tenant first accepts that he will not use the vehicle under any circumstances.
Customs laws, T.R. Transportation of all kinds of goods whose transportation is considered a crime by the law and other laws and other illegal activities, Pulling, pushing or carrying another vehicle or moving or immovable objects without the permission of the renter, Race speed determination, rally, endurance test and motor sports and on roads that are closed and unsuitable for normal traffic, Transporting more passengers than the number of passengers determined by traffic rules, and any cargo or goods other than baggage in any way, Regardless of the payment method, in commercial passenger or goods transportation, whether with a written or oral contract, 3-3 At the time the contract is drawn up, the tenant must be over 21 years old and must present a domestic or international driver's license for at least one year. The lessee cannot let third parties use the vehicle without the consent of the lessor. The use of the vehicle by third parties other than the tenant is only possible if the renter records the information regarding the identity, address and driver's license of these persons in the contract and obtains their signatures. In case of possible accident, penalty and damage due to the use of the vehicle by people who are not registered and signed in the contract, all insurances are invalid, the tenant and the 3rd party using the vehicle are jointly and severally responsible for all material and moral damages that occur, and they agree in advance to pay all costs that have arisen and may arise. commits.
3-4 The tenant is obliged to keep the vehicle closed and locked to ensure its safety when not driving. In case of theft, the tenant is obliged to pay the period until the vehicle is found, based on the daily rental fee specified in the rental brochure.
3-5 If the lessee does not return the official documents belonging to the vehicle (licence, key, license plate and license plate holder) at the time of delivery of the vehicle to the lessor, he/she will pay the rent for the period until he/she finds and returns them, and is obliged to pay the expenses to obtain new ones in case of loss.
3-6 Expenses related to any attempt to take back the vehicle if it is confiscated or confiscated by the competent authorities, whether or not the fault of the tenant is due to the tenant. The tenant is responsible for paying the rent for the days that will pass during this period.
3-7 If the tenant gives a vehicle maintenance warning during the usage period, he must immediately inform “DALAMAN-RENTACAR.COM(BAYKAYA TURİZM)”. Of course, the costs of repairs, spare parts and tire replacement at the end of use and wear belong to the lessor. On the other hand, in case the vehicle cannot move as a result of repairs, replacement of spare parts and tires due to unusual use or an accident, damages and losses caused by freezing and similar events, the transportation expenses incurred to bring the vehicle to the rented place belong to the tenant, and the lessor is responsible for the vehicle's downtime fee. will be able to collect the necessary rental tariff. Repairs that may be required in the provinces will be reported to the nearest station of the lessor, their approval will be obtained and carried out, and the detailed invoice issued on behalf of the lessor will be paid to the lessor.
3-8 All fuel, parking, hgs, ogs, highway, bridge etc. of the vehicle. Tolls, traffic fines, interest and accessories belong to the TENANT and will be paid by the TENANT. Even if the rental period ends, the TENANT is responsible for any penalties imposed during the rental period. Even if the penalty receipt is written only on the license plate number without name and signature, the TENANT agrees to pay the existing penalty. OGS, HGS, highway, bridge etc. to be arranged for the vehicle during the rental period. Penalty receipts received by the LESSER regarding toll and parking fees and traffic fines will be paid by the LESSER and will be collected from the TENANT by adding the paid amount and the delay interest and ancillary service fee, if any. Even if the rental period and these general conditions have expired, the TENANT is responsible for these amounts. TENANT, ogs, hgs, highway, bridge etc. It cannot request that the LESSER object to the toll expenses and traffic fines, it cannot avoid paying the penalty amounts due to the LESSER not objecting, and it cannot make any requests from the LESSER in this regard. In addition, LESSOR, parking lot, ogs, hgs, highway, bridge, etc. is authorized to collect tolls, traffic fines and interest, and service fees by deducting them from the TENANT's credit card and/or guarantee, without waiting for the end of the rental period and without the need for any permission, decision or notification. This authority of the LESSOR is not limited to the contract period, and even if the contract has ended, the LESSOR can use the car park, OGS, HGS, highway, bridge, etc. is authorized to collect tolls, traffic fines, interest and ancillaries and service fees by deducting them from the TENANT's credit card and/or guarantee, without the need for any permission, decision or notification. TENANT accepts this authority of the LESSOR in advance.
3-9 The Lessee shall be liable to the LESSOR from any liability arising from the loss or damage of any forgotten or carried items or goods left in the vehicle by himself or someone else during or before the rental period or after the vehicle is returned to the lessor, including the expenses related thereto. He accepts and declares in advance that he has no material or moral obligations.
3-10 A day's rental is for 24 hours. Weekly or monthly rental period is calculated as 7 days and 30 days. In case of possible delays:
In case of delay of 1 hour or more, 1/3 of your current car rental fee In case of delay of 2 hours or more, 2/3 of your current car rental fee In case of a delay of 3 hours or more, one day's rental fee valid on the relevant day will be added to your contract and the collection will be made from the credit card.
3-11 The lessor may withdraw the vehicle and terminate the contract at any time he wishes, or refrain from extending it, without having to give a reason or pay compensation. In case of unilateral termination, the tenant may request compensation for the losses for the remaining period.
3-12 Any additions are void unless agreed in writing between the parties.
3-13 In any case, the tenant and the lessor are obliged to facilitate each other in the pursuit of their compensation rights against third parties, to give power of attorney to each other in proportion to their rights, and to grant each other their right to sue, and the litigation expenses will be incurred at this rate.
3-14 All debts and obligations regarding the "Vehicle Operator Liability" belong to the TENANT as the "operator" defined in the law regarding the vehicle, and the TENANT is solely responsible for all material and moral damages that his vehicles may cause to third parties and/or motor vehicles and/or the environment. . For this reason, the TENANT will compensate all damages that the LESSER will have to pay. Even if the rental period and General Conditions have expired, the TENANT's liability will continue for damages occurring during the rental period.
3-15 The vehicle rented by the tenant has a vehicle tracking system, and the rented vehicle can be tracked, monitored, location and km information can be recorded by the RENTER in order to prevent theft, loss and similar security violations, and these records can be recorded for security reasons or legal, judicial/administrative purposes. It may be disclosed to relevant third parties/institutions, officially or unofficially, when necessary, for use in transactions/investigations.
3-16 The lessee cannot in any way transfer, pledge, assign or assign the rights arising from this contract, or the vehicle and its equipment and materials, and cannot use them in a way that would harm the lessor. Failure to comply with this commitment gives the renter the right to demand the immediate return of the vehicle without any payment.
3-17 The tenant is obliged to use the vehicle in accordance with the mileage limitation specified below. In case the specified kilometer limit is exceeded, the TENANT agrees, declares and undertakes to pay the excess fee of 10 TL + VAT per kilometer.
200 KM per day for 1 to 3 day rentals 175 KM per day for 4 to 7 days rentals 150 KM per day for rentals between 8 and 14 days For monthly rentals, a total limit of 3500 KM has been determined. Reservations made on our website are specific to city tourist rentals. Out of town car rentals are also specially priced. Pets can only be transported in vehicles in their cages. Otherwise, if pet hair remains, a special cleaning invoice will be presented to the tenant. Vehicles cannot be left excessively dirty. In this case, the customer will be charged a cleaning fee.
3-18 The tenant is obliged to return the fuel in the tank of the vehicle at the time of rental in the same condition as received. In case the TENANT delivers the fuel incompletely, the missing fuel cost is calculated based on the current pump price and the determined damage amount is invoiced to the TENANT in full. In this case, the TENANT is also obliged to pay the service fee and the related VAT amount to the LESSOR in the proportion of the damage amount specified in the vehicle delivery form. Even if the damage is detected after the vehicle is returned, the TENANT is responsible for the damage that may occur due to this. The LESSER is authorized to collect this damage amount and service fee from the TENANT's credit card without the need for any permission, notification or provision, without being limited to the contract period.
Article 4- PAYMENT 4-1 During the preparation of the contract, the LESSOR receives 25% more of the approximate rent and km amount (min. 200 €) from the TENANT as a rental deposit, according to the tariff valid on that date. The final calculation result is determined at the end of the lease. The basis for payment is Turkish lira. It can be paid in cash, in foreign currency calculated at the official exchange rate. Apart from these, valid credit cards are treated like cash unless they exceed the validity limit. If deemed necessary, the LESSOR may accept one of the foreign currencies as the base and make calculations without prior notice. TENANT may extend the rental period if the LESSOR approves, provided that he notifies 48 hours in advance and adds the required amount of the deposit.
4-2 TENANT will make payments in the manner determined by the LESSOR. The LESSOR requests that the rental fee be paid in advance. TENANT acknowledges that if the rental fee, other fees and legal payments within the scope of the general conditions and vehicle delivery form are not paid in full and in full on time, all amounts will become due as of the invoice date without the need for any warning or notification, and all overdue receivables will be paid in advance by the Central Bank of the Republic of Turkey as of the invoice date. accepts, declares and undertakes to pay the interest together with the default interest that will accrue at twice the rate. The LESSOR reserves the right to unilaterally terminate the lease agreement and general conditions.
Article 5 - INSURANCE 5-1 RENDER has insured his vehicles with compulsory liability insurance in accordance with the highway traffic law. It is at the discretion of the renter to obtain comprehensive or precautionary liability insurance. In case of any accident or damage, the tenant's ability to benefit from insurance depends on the fulfillment of the following conditions. Losses and damages are not covered by insurance if it is stated that they are caused by the tenant's unilateral fault.
An accident report and a report stating in detail how the incident occurred, as well as the name and address of the witness, similar documents and information, from the competent authorities closest to the place where the accident occurred (such as traffic police within the city limits, local police station, gendarmerie outside the city, etc.), are sent to the tenant by the lessor. It is obliged to deliver and notify within 48 hours at the latest. If the TENANT does not submit the accident reports, he/she is fully responsible for the damage. Agreement minutes, memorandum of findings and statements are not covered by insurance.
5-2 If the TENANT does not have a disabling condition determined by a doctor's report, he/she must immediately inform the LESSOR of the accident. The tenant will not interfere with the damaged vehicle and will protect it. Loss of some items from the vehicle is the responsibility of the tenant to compensate.
5-3 If the TENANT causes an accident with the vehicle or causes damage to third parties, the LESSER will collect the damages from the insurance company. The tenant is responsible for damages exceeding the amount collected from insurance or for compensation that the lessor has to pay through recourse. The moral demands of the accident victims and their relatives are met by the TENANT. The tenant's recourse is reserved.
5-4 All insurances are valid within the period specified in the rental agreement.
5-5 The TENANT is directly responsible for accidents caused by a driver who is under the influence of alcohol or drugs or who does not have a valid driver's license, and accidents arising from or caused by the goods transported.
5-6 The tenant is unquestionably responsible for any material or moral damage that the vehicle may suffer as a result of any accident.
5-7 The LESSER, who cannot benefit partially or at all from the insurance compensation due to all kinds of acts and omissions that cannot be attributed to himself, has the right to claim from the TENANT for the damage he suffered and the compensation for the vehicle being out of business. Compensation for leaving the vehicle out of business is calculated based on the tenant's daily rental fee specified in the brochure for that period.
5-8 This contract shall be implemented before all other contracts or protocols concluded or to be concluded between the lessor and the lessee. In cases where there is no provision in this agreement, the other agreement shall come into force.
5-9 In case of damage to the vehicles, the renter is obliged to pay material damages in amounts varying depending on the vehicle group. Damage and loss up to 5% of the vehicle price is excluded from the guarantee and belongs to the tenant. Exempt accident insurance applied for every car rental; In cases of damage or loss of €200 or more, it covers material damages within the insurance limits in amounts varying depending on the vehicle group, provided that a traffic and alcohol report is submitted. Damages and losses up to €200 are excluded from the warranty.
5-10 TENANT and additional drivers are obliged to take the following precautions in case of an accident;
To inform the LESSOR immediately by calling the call line at 0532 316 95 26, After moving the vehicle and turning off the ignition, contact the nearest Police or Gendarmerie station and ensure that an alcohol report is obtained along with the accident, damage, theft and loss report, Taking photographs of the vehicle at the scene of the accident and immediately transmitting them to the Lessor, Obtaining the names and addresses of relevant persons and witnesses, Not accepting responsibility for non-existent defects, In double-sided accidents, photocopies of the parties' driver's license, registration and traffic insurance policies; in cases where this is not possible, the driver's license number, the province of issue, the title of the insurance company where the traffic insurance policy was made and policy numbers, etc. receive information, Not leaving the vehicle without taking adequate safety precautions, To deliver the accident notification and the originals of the relevant minutes and reports to the LESSOR within 48 hours from the date of the accident/incident, In case of an accident resulting in material, fatal and/or bodily harm, immediately report the situation to the nearest police or gendarmerie officers and/or relevant official authorities, 5-11 In case of damage or accident to the vehicle, the Tenant is obliged to pay the daily rental fee for the number of days the vehicle remains in service.
Article 6- RETURN OF THE RENTED VEHICLE 6-1 If the TENANT wishes to return the rented vehicle early, no refund will be made. In this case, the RENDER, also the campaign etc. has the right to claim the rewards and services or their cost by benefiting from the advantages. The LESSOR will not be obliged to keep the vehicle that is not picked up on time during the reservation/rental period for which the price is paid in advance. If the vehicle, which is not received on time, is requested to be collected at any time during the reservation period, whether or not the LESSOR will meet this request depends on the current vehicle condition at that time and the LESSOR cannot be obliged to supply the vehicle.
6-2 The TENANT receives the vehicle, its spare wheel, all tires, documents related to the vehicle, accessories, additional products and equipment and tools, and returns it completely and undamaged to the return address of the LESSOR, on the return day and time specified on the front page of the car rental agreement. and will deliver. If the TENANT delivers the vehicles to an address other than the address to which it should be delivered, with the written approval of the LESSOR, it will pay the one-way fee determined by the LESSOR to return the vehicle.
6-3 TENANT must deliver the vehicle, vehicle documents, keys, accessories, tool holders, key holders and license plate holders, and additional products and equipment, in the same condition as received, undamaged and complete. The TENANT is responsible for the deficiencies detected during the return of the vehicle and all kinds of damages and losses that occur outside of normal use, and the TENANT is obliged to immediately pay the amount determined by the LESSER. In addition, the LESSOR has the right to inspect the damage and deficiencies in the vehicle in detail within 30 days from the delivery date and notify the TENANT. The TENANT will be responsible for any damage or loss that occurs on the vehicles other than normal use.
6-4 TENANT shall apply to the LESSOR for all extensions and obtain the written approval of the LESSOR. In the extensions made without written approval, it has been accepted by the parties that the TENANT has unlawfully possessed the vehicle. If the TENANT does not comply with any article of these general conditions, and in particular does not deliver the vehicle to the LESSOR at the specified time, the TENANT authorizes the LESSER to immediately take back and seize the vehicle in question, wherever it is, without the need for prior warning, permission or judgment. TENANT accepts, declares and undertakes that he/she will not claim any rights against the LESSER for this reason and waives all lawsuit, complaint and other rights. The TENANT is obliged to pay for any damages and expenses that may occur during the retrieval/seizure of the vehicle by the LESSOR. The LESSOR is not responsible for the loss or damage of objects or items in the vehicle during the retrieval/seizure of the vehicle. Even if the LESSOR has collected the rental fee for the delay period, it cannot be interpreted as the rental period being extended or becoming indefinite.
Article 7 – RIGHT OF TERMINATION 7-1 If deemed necessary, the LESSOR has the right to terminate this agreement unilaterally and without compensation, without giving any reason and without the need for any notice, warning or decision, during the rental period.
7-2 If the TENANT does not fully or partially comply with any or all of the general conditions and obligations and commitments in this vehicle rental agreement, the LESSER has the right to terminate these general conditions unilaterally and without compensation, without the need for any notice, caution or provision. .
Article 8 - DISPUTE RESOLUTION Turkish Law will apply to these general conditions and all disputes that may arise between the parties. Fethiye Courts and Enforcement Offices are authorized to resolve disputes.
Article 9- KVKK The Lessor, acting as an independent data controller, collects the Lessee's personal data (and the personal data of any authorized driver) collected in connection with this rental agreement or any related agreement or service (“Tenant's Personal Data” or “Personal Data”) ) may use and transfer it for the following purposes:
a) To process the Tenant's Personal Data to manage the rental and commercial relationship, to communicate with the Tenant or to provide support regarding the lease agreement. For this purpose, the Lessor may process the Tenant's Personal Data (i) in accordance with the contract (e.g. billing) or (ii) for its legitimate interests in ensuring the effective delivery of the requested services (these interests are overridden by the Tenant's and additional authorized drivers' rights regarding the protection of personal data). unless it arrives) works.
b) Within the framework of the Tenant's or authorized driver's relationship with the Lessor, in cases where the Tenant or additional authorized driver considers that the Tenant or additional authorized driver may pose a risk for future rentals as a result of any event, to store the Personal Data of the Tenant or additional authorized driver regarding the incident in question. The Lessor processes the Lessor's Personal Data based on past customer behavior in accordance with its legitimate interests in protecting its employees, other customers, assets and the public from security and financial risks (unless these interests are overridden by the Lessee's and additional authorized drivers' rights regarding the protection of personal data). .
c) To verify the driving and credit information (including the Tenant's Personal Data) provided by the Tenant and authorized driver through credit institutions, licensing institutions, fraud prevention agencies and databases. The Lessor processes the Tenant's Personal Data in accordance with its legitimate interests in preventing fraud in this context (unless these interests are overridden by the Tenant's and additional authorized drivers' rights regarding the protection of personal data).
d) To provide details of accidents involving the Tenant or any additional authorized driver (including the Tenant's Personal Data) to relevant insurance databases. The Lessor processes the Tenant's Personal Data for this purpose when necessary for the establishment, exercise or defense of legal claims.
e) To provide the Tenant's Personal Data to government agencies that supervise road schedules in order to assist in the implementation of any traffic regulations during the rental. The Lessor processes the Tenant's Personal Data for this purpose when necessary to ensure compliance with applicable legal obligations.
f) The Lessor may disclose the Tenant's Personal Data to the relevant tax office or authority, debt collectors, credit institutions and other relevant institutions, (i) in accordance with the contract; (ii) for compliance with a legal obligation and/or; (iii) It may provide it within the framework of the lessor's legitimate interest in collecting its receivables.
