This contract is an annex and an integral part of the VEHICLE DELIVERY FORM signed between the parties. With this contract, the tenant declares and undertakes to use the vehicle defined in the rental contract (rental period, rental time, return station, etc.) in accordance with the contract conditions of the lessor (EKAR Turizm Sanayi Ticaret Limited Şirketi) and to pay the rental fee and accept the general rental conditions. By signing the contract, the tenant accepts all obligations belonging to him/her and arising from him/her. The address declared by the tenant in the contract is the legal notification address and all notifications to be made to this address will be notified and deemed valid in accordance with the provisions of the Notification Law.
1) By signing this contract, the tenant accepts that he/she has received the vehicle in question in a solid, active and good condition both mechanically and in terms of bodywork, and that there is no damage or accident trace on the vehicle other than those defined in the contract.
2) The tenant shall use the vehicle subject to the contract in accordance with the Highway Traffic Law and its instructions and with care, shall comply with the traffic rules, shall not use it with alcohol, narcotics, sleep-inducing drugs and other factors that may affect its management and psychological disorders.
3) The tenant shall return the vehicle, together with all documents, accessories, tools, spare tire and documents belonging to the vehicle, to the station where the vehicle was rented or to the EKAR office at another location specified in the contract, as received. The tenant shall pay additional fees for additional equipment such as baby seats, navigation devices, and additional obligations such as traffic fines, (HGS) fees, highway usage fees and parking fees notified later. It is only possible to move the return date specified in the contract to a later date with the approval of the tenant and payment of the rental fee to be determined for the new rental period. In extensions made without approval and payment, it is accepted by the parties that the tenant has the vehicle in his possession unlawfully.
4) The tenant is obliged to pay the following under the conditions determined by the tenant;
a. Rental fee calculated on the number of rental days of the fee in the valid price list,
b. One-way fee that may arise at the end of the rental, extra service fee of 25% of the fuel price arising from the fact that the gasoline delivered with a full tank is not delivered with a full tank on the return, and the amounts that will arise,
c. General car insurance rules apply in case of vehicle theft, and in cases where insurance companies do not consider it as theft, cannot be included in the scope of car insurance and insurance companies do not make payment, the vehicle price and other damages,
d. The tenant is exempt from the amount of the amount under the Personal Accident Insurance for which the premium fee was paid at the time of the rental agreement. The tenant is exclusively responsible for the parts exceeding this amount.
e. However, in the event of an accident, if the tenant is penalized for alcohol, drugs or any other reason (compliance with general traffic rules), the renter gains the right to demand compensation from the tenant together with the accident. At the beginning of the rental, a pre-authorization for the approximate amount of the rental is blocked from the tenant's credit card. The renter accepts in advance that he/she will not object to the rental fee and damage fee collections made with the pre-authorization.
f. The monthly usage limit of the vehicle is limited to 4000 km, and 3 TL + VAT Fee is collected from the renter for each km exceeded.
5) The renter accepts and undertakes to pay the compensation amount, including the claims of third parties, for all kinds of damages, losses, damages and penalties that cannot be claimed and collected from the insurance within the scope of traffic insurance rules due to usage error and/or carelessness, recklessness, in the vehicle that he/she received in a sound and good condition. The lessee must have a valid driver's license and have reached the age limit in accordance with the general rental conditions defined. It is possible for those who will use the vehicle other than the lessee to have completed the periods in accordance with the general rental conditions by declaring them as additional drivers and recording their information on the contract. At the same time, the lessee is obliged to ensure that the persons authorized to use the rented vehicle comply with all the terms of this contract, and the lessee is fully responsible for all negative consequences that may arise otherwise.
6) The Lessee accepts and undertakes that the rented vehicles will not be rented to another person or organization under any circumstances and that the vehicle will not be used by a person whose name is not written on this rental agreement, under any circumstances. In the event that the contrary is determined, EKAR's damage guarantees will not be valid and all damages and losses will be covered by the Lessee. In addition, if it is determined that the vehicle has been rented or used by another person, EKAR reserves the right to demand a penalty fee of three times the vehicle rental fee invoiced for the relevant vehicle. In the event that the vehicle in question is sold or attempted to be sold to another person, EKAR reserves the right to demand and collect a fee at least equal to the value of the vehicle as a penalty. The Lessee accepts and undertakes to meet EKAR's demands in cash and in one go upon the first demand.
7) The vehicle will not be used for the following purposes and will not be given to third parties who are not declared as additional drivers in any way; otherwise, the Lessee accepts, declares and undertakes that he/she is responsible for all damages that may occur;
a. The vehicle will not be used by the driver not specified as an additional driver.
b. The vehicle will not be used to pull or push any vehicle.
c. The vehicle will not be used for transportation of passengers or goods in return for income.
d. The vehicle will not be used for racing, speed determination, rally, durability test motor sports and on roads closed to normal traffic and unsuitable for normal traffic.
e. The vehicle will not be used in road conditions that are not suitable for the technical power and terrain conditions determined by the manufacturer of the vehicle.
f. The vehicle will not be used for transporting materials contrary to customs regulations and other laws or for illegal works.
g. The vehicle will not be used for any illegal purposes, terrorism, issues contrary to the state and laws.
8) All compulsory/legal insurances of the rented vehicle have been made by EKAR and protected with their conditions. If the renter wants to be protected with the damage, theft, IMM and personal accident guarantees offered to provide exemptions and damages to himself, the rented vehicle, 3rd parties, he can benefit from the relevant issues by paying the premium fees. Otherwise, all administrative, criminal, legal (compensation, penalties, etc.) responsibilities belong to the tenant. The tenant accepts to cover the damage liability and related expenses without objection in the event of damage to the vehicle under the conditions specified below, despite having accepted the guarantees by paying the additional premium fees.
a. If under the influence of alcohol and/or narcotics and/or sleep-delaying drugs at the time of the accident,
b. In cases where legal speed limits are exceeded (accident report states that the accident occurred due to speeding)
c. In cases where traffic accident reports (contracted report, police or gendarmerie report) are not obtained,
d. In cases where the vehicle is used in violation of traffic laws,
e. In cases where damages and/or accidents occur as a result of use by persons other than the tenant and those specified as additional drivers in the rental agreement,
f. In cases where the damage amount is not paid in accordance with the general terms of the motor insurance policy within the scope of the amendments to be made to the legal legislation and relevant regulations by the Undersecretariat of Treasury and/or the Insurance and Reinsurance Companies Association of Turkey and/or in cases where the insurance company does not make payment for any reason.
9) The renter and the additional drivers identified are obliged to take the following measures to protect the interests of the renter and the insurance company in the event of an accident during the rental period;
a- Taking security measures for themselves and the vehicle,
b- Obtaining traffic accident reports (contracted report, police and/or gendarmerie report),
c- Obtaining photocopies of the driver's license, registration and traffic insurance policies of the other party/parties, filling out the report with wet signatures on both sides
d- Taking photographs of the scene of the incident, the license plate and damage visible on the vehicles involved,
e- In the event of an accident resulting in material, fatal or bodily damage, reporting to the nearest police or gendarmerie,
f- Delivering all documents related to the accident to EKAR within 24 hours
10) The tenant is obliged to park the vehicle in a closed and locked manner to ensure all kinds of security. In order to benefit from theft insurance in case the vehicle is stolen; the tenant is obliged to prove that he/she has taken the necessary precautions by returning the license and key and has made the necessary applications to the relevant police authorities in case the vehicle is stolen. Otherwise, in cases where the vehicle is not included in the insurance coverage and no damage payment is made by the insurance company, the tenant is obliged to pay the current purchase price of the vehicle and other damages.
11) EKAR cannot be held responsible in any way for the loss, theft, theft or damage of any property carried or left in the vehicle by the tenant. The tenant releases the renter from any lawsuit, accusation, complaint or damage that may occur as a result of such loss and/or damage.
12) Material damages and treatment expenses to third parties and passengers in the vehicle are limited to the vehicle's compulsory traffic insurance limits, and all responsibilities and obligations that are not covered by insurance and will occur due to traffic insurance belong to the tenant, and all damages and losses that can be recoursed to EKAR due to its title as the Owner/Operator will be covered by the tenant.
13) Since EKAR does not manufacture the vehicle, it cannot be held responsible in any way for any material or moral damages and losses that may occur as a result of mechanical or manufacturing errors in the vehicle or its spare parts.
14) The tenant must comply with the highway regulations and applicable laws. As the driver of the vehicle, the tenant cannot claim to be unaware of these obligations. The tenant is responsible for 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 tenant shall be paid by the tenant within the legal period on the date the fine reaches the tenant and shall be collected from the tenant by adding a 20% service fee for each transaction.
15) In the event that the vehicle is banned from traffic due to the tenant and/or the vehicle is prevented from entering traffic for any reason or in cases where the vehicle is not allowed to be used, the loss of earnings for the unused days, all parking expenses in the event that the vehicle is towed to the parking lot, in the event of a judicial/administrative fine, these fines, all damages that have arisen or will arise due to the ban from traffic, etc. all expenses shall be covered by the tenant.
16) OGS, HGS etc. toll systems are provided for bridge, highway, tunnel etc. crossings in vehicles owned by EKAR and delivered to the tenant, and a provision is made to the tenant's credit card in terms of the fees for the said crossings, and the relevant fees are collected from the tenant by performing system checks at the end of the rental period. In addition, OGS, HGS etc. If unprocessed passes are detected due to errors in the systems, the fee for the relevant passes and the penalty fees to be applied will be collected from the tenant. The tenant accepts and undertakes to meet the aforementioned demands of EKAR in cash and in one go, at the first request.
17) In the event that the tenant does not comply with any article of this contract, especially if the vehicle is not returned on the agreed date, EKAR has the authority to immediately take back the vehicle, regardless of where it is located and without the need for any notice, warning or court order. The tenant is obliged to pay for any damages and expenses that may occur during the vehicle being taken back by EKAR. EKAR is not responsible for the loss or damage of any objects or materials in the vehicle during the vehicle being taken back.
18) The tenant will make the payments by credit card, cash or money order. In addition, tenants working with a current account will make their payments within the specified terms (5 business days) against the invoice. The tenant accepts, declares and undertakes that in the event of non-payment of the rental fee and other fees and legal payments within the scope of the contract, the fees will become due and payable as of the invoice date without any need for warning and notification and to pay 48% default interest as of the invoice date.
19) The tenant accepts and declares that not returning the vehicle despite the expiration of the contract period constitutes a crime under the provisions of criminal law, and that he/she will not be able to benefit from any insurance, guarantee or legal right if he/she uses the vehicle outside the rental period and/or other than the tenant and/or uses the vehicle in a manner contrary to the law.
20) The tenant accepts and undertakes that EKAR's books, documents, declarations and records and computer records are solely valid, binding on all parties, definitive and exclusive evidence in accordance with the Civil Procedure Law in all disputes that may arise from the implementation of this contract.
21) Adana and Istanbul Courts and Enforcement Offices are authorized to resolve disputes arising from this contract.