RENTAL AGREMENT OF MOTORIZED ROAD TRANSPORT VEHICLES
This "Corporate rental agrement of motorized road transport vehicles " is signed by TINAZTEPE MAHALLESİ LİBYA CADDESİ NO:13 KOLEJ ÇANKAYA / ANKARA [Hereinafter referred to as the “LESSOR”] corporation with its principle place of business at DEMONTİ RENT A CAR on the one part and real person or legal entity on the other part.
LESSOR: DEMONTİ RENT A CAR as provider
LESSEE: The natural or legal person who has signed the general conditions of this lease
USERS/DRIVERS: The driver specified in the vehicle delivery form as the driver/user
VEHICLE: The motorized road transport vehicle which is branded, model, plate and other features specified in the vehicle delivery form and rented to the LESSEE during the lease period
VEHICLE DELIVERY FORM: Delivery status of the rented car to the lessee, status of the rented car during delivery, form of the rented vehicle group, brand, model, license plate and other details
VEHICLE RETURN FORM: form that shows the return of the rented vehicle to the lessor and status of the rented vehicle during return process
The subject of the general conditions of this motorized road transport vehicle lease agreement is to determine the terms and conditions of the rent and other fees determined by the LESSOR and the terms and conditions of the payment of the rent and other costs determined by the LESSOR to be used by the LESSEE and the mutual rights and obligations of the parties.
- TERMS AND CONDITIONS OF THE USAGE OF THE VEHICLE
4.1. The vehicle is rented to the LESSEE for the duration of the lease and the LESSEE declares and undertakes that he/she accepts the general conditions of rental in this agreement and all the matters specified in the vehicle delivery and vehicle return forms.
4.2. The LESSEE accepts, declares and undertakes to use the vehicle in accordance with the general conditions of this rental agreement, vehicle delivery and vehicle return forms in accordance with the conditions / rules specified in the lease agreement and the full payment of the fees specified in the general conditions of this lease agreement. .
4.3. In case of changing the rental period, vehicle group or delivery or return address, the rental price and other fees shall be recalculated by the LESSOR at the prices applied on the day of the change request. The LESSEE accepts, declares and undertakes to pay the newly calculated price.
4.4. Rental services to be requested by the LESSEE under the general conditions of this rental agreement will be provided by the LESSOR upon delivery of the requested vehicle after signing the delivery form. Vehicle delivery forms are annexes and integral parts of the general conditions of this rental agreement.
4.5. The vehicle was delivered to the LESSEE with the vehicle delivery form by the LESSOR with all the tires (including spare parts), spare wheel, all the documents including car registration card, accessories, equipment and toolboxes and complete periodic maintenance of the vehicle. The LESSEE acknowledges and accepts that the vehicle has been received in good mechanic and exterior condition, with the exception of those specified in the vehicle delivery form, and that there are no signs of accident or damage to the vehicle.
4.6. The LESSEE agrees and undertakes to comply with the conditions written in the user's manual prepared by the vehicle manufacturer, to pay attention to the use of the vehicle and to ensure that the vehicle is always in good condition.
4.7. LESSEE accepts and undertakes to comply with rules and regulations of act and law of Road and Traffic Authority and use the vehicle within the borders of Republic of Turkey. Furthermore, the LESSEE accepts, declares and undertakes that he/she will not use the vehicle in the ways described below without limiting the following, otherwise he/she will be liable for the fine and all costs and damages incurred.:
- Transport of substances contrary to customs legislation and other laws.
- To be used in illegal acts.
- Any means of pushing or pulling any other vehicle etc..
- Carrying or transporting any person or object with the intention of business.
- Carrying personal cargo / goods which may damage the vehicle and exceed the loading limit.
- By the driver of the vehicle, who has taken drugs or alcoholic beverages or without a license or is not specified as the driver or additional driver on the delivery form.
- As a result of the participation of the vehicle in claims and races, and in preparation for them (race, rally, speed trials, etc. without limitation).
- The place and conditions (sand or mountainous terrain, river bed, swamp, etc.) that are not suitable for the brand and model of the vehicle and the places and roads that are not suitable for the technical structure and endurance of the vehicle.
- Unusual roads which are not suitable for traffic conditions.
- Out of land roads, enters and exits to the ships and trains that are licensed to carry, by itself, transportation via road, sea, air, river.
- Transportation of animals.
Damages caused by the contact of cigarette-like substances.
4.8. The vehicle shall be used by the driver and / or additional driver (s) who have been qualified in terms of the driver's license and age limit for the period specified in the vehicle delivery form according to the group of the vehicle. The LESSEE is obliged to ensure that the additional drivers specified in the vehicle delivery form fully and fully comply with the general conditions of this rental agreement and the vehicle delivery form. Furthermore, the LESSEE is jointly liable together with the driver and additional drivers for the damages that will occur within the framework of the general conditions of this lease agreement due to the use of the vehicle.
4.9. The LESSEE agrees and undertakes not to make any changes to the vehicle without the written permission of the LESSOR. Otherwise, the LESSEE is responsible for the costs of reinstatement and damages incurred by the vehicle.
4.10. The LESSEE agrees and undertakes to pay all the costs of mechanical and electrical damages that might occur due to lack of attention, carelessnes, user fault, not notifiying the LESSOR or not providing the mandatory conditions for the periodical maintanence of the vehicle (including but not limited to, transmission failure due to faulty gearshifts, damages caused by hitting the vehicle underneath, damage caused by continued use of the vehicle despite the warning light, damage caused by parts such as tires, damage caused by fuel and clutch set etc).
4.11. All fuel, car parking, HGS, OGS, highway, bridge etc. tolls and traffic fines, interests belong to the LESSEE and will be paid by the LESSEE. Even if the lease period expires, the LESSEE is liable for all kinds of penalties issued within the lease period. Even if the ticket is written on the license plate number without the name and signature, the LESSEE agrees to pay the current penalty for the period of the rental. Any traffic fines and payment receipts, interests and commisions, during the lease period, that are sent to the LESSOR, due to usage of OGS, HGS, highway, bridges etc will be paid by the LESSEE including the service fee of the LESSOR that might be changed by the LESSOR without notice. The RENTER is liable for these amounts during the lease and even if the contract is terminated. the LESSEE cannot and shall not request from LESSOR to take objection to fees and interests due to usage of OGS, HGS, highway, bridges etc and LESSEE cannot refrain from paying the penalty amount because it is not objected by the LESSOR and cannot make any request from the LESSOR. Also LESSOR is authrized to make payment of any fines, interests and commisions caused by usage of OGS, HGS, Parking, Highway, Bridges etc from credit card or deposit of LESSEE without waiting for the end of the lease term and without any permission, provision and notification. This authority of the LESSOR is not limited to the duration of this contract, and even if the contract is terminated, LESSOR is authrized to make payment of any fines, interests and commisions caused by usage of OGS, HGS, Parking, Highway, Bridges etc from credit card or deposit of LESSEE without waiting for the end of the lease term and without any permission, provision and notification. The LESSEE accepts that mentioned authority of the LESSOR in advance.
4.12. The LESSEE shall pay the guarantee price to be determined by the The LESSOR according to the vehicle group, with the credit card according to the preference of the LESSOR, or ensure that the blocker is placed according to the preference of the LESSOR, as the guarantee of the damages (not to limit the amount of damage / loss to be incurred by the LESSEE, and without prejudice to the right to collect damages exceeding this amount.) that may arise on the vehicles and other receivables and other rights arising from the agreement of the LESSOR.
If the vehicle is delivered completely and smoothly to the LESSOR at the delivery place and on time specified in the delivery form and the LESSEE does not have any debts, within 6 working days from the return of the vehicle; If the credit card is charged, it will be returned to the same account and if the blockage is applied, the blockage will be removed.
The LESSOR is not responsible for any delays caused by the bank in relation to the refund / unblocking of the guarantee. If the vehicle is not delivered in a timely and complete manner or if the LESSEE has rent and / or other debts, the collateral price will be deducted from these receivables without any notification, provision and permission of the LESSEE, and the damage and receivables exceeding the collateral price will be collected separately from the LESSEE. The LESSOR is authorized to collect the cost of any damages and receivables from the credit card of the LESSEE without limitation of the term of the contract without any permission, provision or notification.
4.13. All obligations and liabilities related to the vehicle as the operator defined in the law and the responsibility of the vehicle operator belong to the LESSEE, the LESSEE is solely responsible material and moral damage that may be caused to third party people, vehicles and the environment. Therefore, the LESSEE will compensate all damages that the LESSOR will have to pay. The LESSEE will continue to be liable for damages incurred during the lease period, even if the lease term and this contract have expired.
4.14. In the vehicle that the LESSEE rents, including but not limited to, there is tracking system, geographic location system and the vehicle can be tracked and recorded by the owner for the purpose of preventing theft, loss and similar security breaches, and these records may be given to the relevant third parties / institutions for security and / or legal and / or legal proceedings.
4.15. The LESSEE accepts, declares and undertakes that the LESSOR is not required to provide collateral in the event that a non-resellable registration, precautionary lien or precautionary measure is requested due to the failure to pay the rent and / or other debt arising from the general conditions.
4.16. After the delivery of the vehicle to the LESSEE, the LESSEE and / or any third party operator act in violation of the law with the vehicle, or the vehicle gets involved in any crime, or for any reason which the LESSEE is responsible for, the authorities put measures on the vehicle registration and / or the trustee and / or owner of the vehicle, the terms of this agreement shall be terminated automatically without any notice, warning or provision. In this case, the LESSEE accepts, declares and undertakes to pay immediately in cash and indefinitely without any objection, including but not limited to the cost of towing, parking fee, penalty, taxes, delivery, transportation, the maximum daily rent for the vehicle to be formed as long as the measure continues, with the direct and / or indirect damages to be incurred, even if the contract is terminated. In addition, in case the vehicle is seized or the vehicle is confiscated by the authorities for any reason arising from the LESSEE , the LESSEE is obliged to immediately pay the fair value of the vehicle on the date of seizure / confiscation. In the event that the vehicle cannot be sold due to the measures imposed on the vehicle by the official authorities, the LESSEE is also liable for the collateral, bank guarantee letter or cash blockage expenses and any other expenses that should be given to the authorities to remove the measure.
4.17. The daily mileage limit of the vehicle is 350 km, the monthly limit for economic and medium segment vehicles (if the daily rental period exceeds 14 days, will be accepted as monthly rental) is 6.000 km, monthly milage limit for higher segment vehicles (will be considered as monthly rental if the daily rental period exceeds 14 days) is 5.000 km and the LESSEE is obliged to drive the vehicle in accordance with this mileage limitation. In case of exceeding these mileage limits, the LESSEE agrees, declares and undertakes to pay the fee which determined by the LESSOR for exceeding the mileage limit of that vehichle group.
4.18. The LESSEE is obliged to return the vehich with the level of fuel that was received on the time of delivery of the vehicle to the LESSEE. In case the lessee delivers the fuel inadequately, the LESSEE is obliged to pay the price of missing fuel which is calculated over the current pump price and the amount of damage determined by the LESSOR and the service fee that the LESSOR is entitled to change is taken from the LESSOR. The LESSEE is obliged and liable to pay the cost of the damage that might occur due to return of the vehichle with missing fuel in the tank of the vehicle even if the damage is detected after the return of the vehichle to the LESSOR. The LESSEE accepts, declares and undertakes that the LESSOR is authorized to take payment of the cost of the damage that is caused by missing fuel and the fee of the service which is determined by the LESSOR and can be change by the LESSOR any time without any notice and permission, to complete the missing fuel in the tank of the vehicle, from credit card of the LESSEE without any notice and permission
- PRICING AND PAYMENT
5.1. In the general conditions of this rental agreement, the LESSEE is obliged to pay all the prices stated in the vehicle delivery and vehicle return forms in writing, including but not limited to, fees of the services mentioned below as well.
- The rental price calculated on the number of days rented.
- Additional costs of the services such as navigation device, baby seat, snow tires etc if requested.
- If requested; fees of Mini Damage Assurance, Exemption Assurance, Third Party Liability Assurance, Personal Accident Assurance, Tire / Glass / Headlight Assurance, Maximum Assurance Package, Super Maximum Assurance Package.
- Additional rental costs, one-way fees and taxes applied by law, mileage costs, damages, service charges, parking, HGS, OGS, highway, bridge tolls and traffic fines that might be figured out after termination of the lease agreement.
- Additional rent for the period of time for repair if the vehicle is returned damaged.
5.2. The LESSEE will make the payments as determined by the LESSOR. The LESSOR requires payment of the rent in advance. The LESSEE accepts, declares and undertakes that the LESSEE will pay all the cost and receivables with the advance interest rate of Central Bank of Republic of Turkey in case the rent and other fees which are written in the delivery and return forms of the vehicle, are not paid completely and on time. The LESSOR reserves the right to unilaterally terminate this lease.
5.3. The LESSEE accepts and undertakes that all the cost, which are written in delivery and return forms of the vehicle, including but no limited to above mentioned fees and costs, will be charged from the credit card of the LESSEE without any permission and notice in advance even if the lease agreement is terminated and expired because the article 5.3 will apply without any time limit.
- INSURANCE AND RESPONSIBILITY
6.1. It is responsibility of the LESSEE to cover all the metarial and moral damages, treatment costs, loss of value that occures to the 3rd party people, other vehicles and its passengers, in case it is beyond the coverage and limits of the Mandatory Financial Liability Insurance made by the LESSOR of the rented vehicle. The LESSEE accepts, declares and undertakes that If the LESSOR makes any payment which is beyond coverage and limits of insurance coverage, It will be compensated to the LESSOR by the LESSEE along with the advance interest rate of the Central Bank of the Republic of Turkey on the day of payment.
6.2. The LESSEE, at the time of signing the delivery form, is obliged and requested to pay in advance the fee and cost, which is determined by the LESSOR, of Mini Damage Assurance, Exemption Assurance, Third Party Liability Assurance, Individual Accident Assurance, Tire / Glass / Headlamp Assurance, Maximum Assurance Package, Super Maximum Assurance Package in addition to the rental price, If any of these packages are requested by LESSEE. If the LESSEE requests and pays in advance for any or all of Mini Damage Assurance, Exemption Assurance, Third Party Liability Assurance, Personal Accident Assurance, Tire / Glass / Headlight Assurance, Maximum Assurance Package, Super Maximum Assurance Package, regarding these packages, General Conditions of the Insurance of Road Vehicles and Insurance, which is published and effective on the day of incident / damage, by the Turkey Insurance, Reinsurance and Pension Companies Association, will include as below:
- Collision of the vehicle with motorized and non-motorized vehicles which can be used on road or railway,
- Accidents against the will of the driver whether in motion or in a standstill caused by sudden and external effects on the vehicle such as crashing of a fixed or moving object, or crashing, tipping, falling, rolling of the vehicle,
- Damages caused by acts of malice or mischief by third parties and persons who do not have the capacity to act,
- A.4. Damages that may be included in the coverage of the General Conditions of the Land Vehicles Insurance Insurance, including the risks of burning the vehicle, theft of the vehicle or parts of the vehicle or attempted theft. (hereinafter referred to as genel general conditions of automobile insurance).
- In the case the Mini Damage Assurance has been purchased by LESSEE upon request loss will occur to the vehicle due to damage which may be covered by declarations of LESSEE as limited, under the condition of being covered by the general conditions of insurance published by Turkey Insurance, Reinsurance and Pension Companies.
LESSOR is authorized to determine whether the damage and / or damage is covered and the LESSEE accepts, declares and undertakes that it will not object to this determination. if deemed necessary, LESSOR is authorized to have an insurance policy against its risks arising from the said assurances and the LESSEE shall not request to benefit / benefit from these policies and coverage.
The LESSEE shall be liable for any possible damages that may be incurred outside the scope and limits of the insurance policies paid by the rented vehicle against other motor vehicles, drivers, persons in the vehicle and third parties due to accident / s and other reasons involved. The LESSEE cannot request to benefit from the guarantees that are not paid in full and in advance and the coverage of these guarantees.
The LESSEE agrees to cover without limitation and to accept liability for damage in case of damage to itself, vehicle and / or driver, persons and / or other third parties and / or other vehicles without objection although by requesting and paing the fees of Mini Damage Assurance, Exemption Assurance, Third Party Liability Assurance, Personal Accident Assurance, Tire / Glass / Headlight Assurance, Maximum Assurance Package, Super Maximum Assurance Package.
- In cases where the driver is found to be alcoholic and / or under the influence of drugs,
- In cases where traffic accident record is not issued and alcohol report is not received,
- Traffic accident report, alcohol report, license photocopies of vehicles involved in the accident, photocopies of traffic insurance policies, photocopies of driver's license, etiquette report and declaration and other documents requested by LESSOR at the latest 3 days after the accident / event date In case that the RENTER is not submitted / could not be submitted,
- In case of deliberate accidents, in the case of the use of vehicles contrary to the traffic laws and / or the provisions of Article 4 8 of the general conditions of this lease agreement,
- In case of accidents and / or damages as a result of the use of the vehicle other than LESSEE and the driver (s) designated as additional driver in the rental agreement,
- In case the damages are not paid for any reason and / or the insurance companies do not pay for any reason and / or are outside the scope and limit of the insurance in accordance of Turkey Insurance, Reinsurance and Pension Companies Association of Compulsory Liability Assurance, 3. Liability Assurance Against Persons, Personal Accident Assurance, Increasing Liability Assurance and / or insurance.
In order to benefit from the assurances, LESSEE shall submit the documents specified in (iii) to LESSOR in full. Otherwise, these assurances and insurances cannot be utilized, and LESSOR is authorized to demand and collect the rental amounts to be processed for the period up to the date of full and complete submission of these documents.
6.3. LESSEE and additional drivers are obliged to carry out the following measures in case of an accident:
- To inform LESSOR immediately by calling the Roadside Assistance Line 0 850 304 18 18,
- To ensure that the alcohol report together with the accident, damage, theft, loss report is obtained by contacting the nearest Police or Gendarmerie center without moving the vehicle and shut off the engine,
- Taking photos of the vehicle at the scene of the accident,
- Obtaining the names and addresses of the persons and witnesses concerned,
- Not to accept liability for defects that do not exist,
- To obtain the photocopy of the license, license and traffic insurance policies of the parties, where this is not possible, the license number, the provincial information provided, the title of the insurance company where the traffic insurance policy is made and the policy numbers, in case of a double-sided accidents.
- Not leaving the vehicle without taking adequate safety precautions,
- To report the accident and the related minutes and reports to LESSOR within 72 hours from the date of the accident / incident,
- In case of an accident resulting in material, death and / or bodily harm, inform the nearest police or gendarmerie officers and / or the relevant official authorities immediately.
6.4. LESSEE is liable for all material and moral damages caused by the vehicle(s) to third parties and / or motor vehicles and / or the environment and accepts, declares and undertakes that it is liable to pay the costs incurred due to the accidents which the rental involves in case of LESSEE failure to pay full, complete and in advance of the above-mentioned assurances and insurances by requesting.
6.5. In case of an accident, LESSOR will block / collect a collateral amount against the damage and compensation amounts (not to be limited to the amount of damage and compensation to be given by the LESSEE and the right to collect damages and damages exceeding this amount shall be reserved) from the LESSEE’s credit card without any permission and notification. LESSOR is authorized to collect the rent amount, damage, loss, compensation and other receivables from the collateral amount without limitation of the contract period without the need of any permission, notice and provision, and the LESSEE agrees in advance that it will not object to this situation.
6.6. LESSEE must prove that it has taken the necessary measures by returning the vehicle's license and keys in case of theft and submit an official report stating that the necessary applications to the security authorities have held. In case of the vehicle or any part of the vehicle is stolen while rented, all the necessary reports shall be provided by LESSEE and submitted to the LESSOR. Failure to submit reports by LESSEE no later than 3 days from the date of occurance or in case of the event is not covered by the general conditions of the Turkey Insurance, Reinsurance and Pension Companies Association insurance in force (without limitation to the aforementioned circumstances, eg. such as leaving a key on the vehicle and / or handing over the car park / washing staff and / or abusing safety, etc.) or in case of theft, which is not considered by the insurance companies as a theft, LESSEE shall immediately pay LESSOR the current purchase price of the vehicle or vehicle parts / equipment. LESSOR reserves the right to charge rent from LESSEE for the period up to this payment. Furthermore, LESSOR reserves the right to claim damages incurred.
6.7. The LESSEE is responsible for the maintenance of the additional products; snow chain, navigation, baby seat etc. and the documents, tools, equipment, accessories and accessories that are received together with the vehicle delivery form. These products are not covered by any assurance and in case of damage / loss, loss or theft, the fair value at the date of the event shall be paid by the LESSEE in cash, in advance and immediately to the LESSOR.
6.8. LESSOR shall not be liable for any loss or damage or theft of any goods carried or left by the LESSEE in the vehicle. The RENTER therefore cannot claim rights and claims under any name from LESSOR.
6.9. LESSOR is not the manufacturer of the vehicle and shall not be liable for any damages, losses and damages that may occur due to the production error of the vehicle or its spare parts.
6.10. If the vehicle is used outside the rental period and / or by third parties other than the specified driver / additional drivers, or by drivers and / or additional drivers who do not meet the age and / or driver's year limit, or in violation of the law or general conditions, the above mentioned guarantees and insurances shall be void and the RENTER shall not benefit from insurance, assurance and legal rights even the the price / s have/s paid by LESSEE. The LESSEE is jointly and severally liable for these damages and damages together with the driver.
6.11. LESSOR is not responsible for any damages that may occur due to the vehicle being out of service.
7. RETURN OF RENTED CARS
7.1. In case the LESSEE wants to return the rented vehicle early, no refund will be made. In case the reservation or rental fee is paid in advance and the vehicle is not received in time, the rent will be deducted from the total rent amount collected from the customer and the remaining amounts will be refunded and the renter will not be obliged to hold the vehicle for the duration of the rented / prepaid rental period. In case the vehicle that is not delivered on time is requested to be delivered at any time within the booking period, whether LESSOR meets this request depends on the current vehicle condition and LESSOR shall not be obliged to supply vehicles.
7.2. The LESSEE shall deliver the vehicle, spare wheel, all tires, documents, accessories, additional products and equipment together to the LESSOR’s return address specified on the vehicle delivery form in full and undamaged on the day and time specified in the vehicle delivery form. The LESSEE shall pay the one-way fee determined by the LESSOR for the return of the vehicle in case the LESSEE delivers the vehicles to the address other than the addresses to be delivered with the written consent of the LESSOR.
7.3. The LESSEE shall deliver the vehicle's documents, keys, accessories, toolboxes, additional products and equipment as undamaged and fully received. The LESSEE shall be liable for any damages and damages caused by the deficiencies determined during the return of the vehicle and any other occurrence other than the ordinary use and the LESSEE shall be liable to pay the amount to be determined by LESSOR immediately. In addition, LESSOR has the right to examine the damage and deficiencies in the vehicle within 120 (one hundred twenty) days from the date of delivery and to notify the LESSEE. The fact that a vehicle return form / record has been issued during the return of the vehicle does not mean that the LESSOR has renounced this right of control and notification. The LESSEE shall be liable for any damages and damages that have occurred outside the normal use of the vehicles.
7.4. The LESSEE grants LESSOR the authority to immediately take back and seize the subjected vehicle without the need for prior warning, authorization or provision, in the case where LESSEE does not comply with any provisions of the general conditions of the vehicle delivery form and this lease agreement, especially where LESSEE does not deliver the vehicle to LESSOR at the time specified in the vehicle delivery form. The LESSEE accepts, declares and undertakes that shall not make any claim from LESSOR for this reason and waives all rights of lawsuits, complaints and other rights. The LESSEE is liable to pay any damages and expenses that may occur during the evicting / seizure of the vehicle by LESSOR. The LESSOR is not responsible for the loss or damage of objects or substances in the vehicle during the evicting / seizure of the vehicle. Even if LESSOR has collected the rent amount related to the delay period, it shall not be considered that the lease term has been extended or has become indefinite term.
7.5. In addition, in case the vehicle is not delivered on the return date and time, the LESSEE is obliged to pay the daily rental fee for the first 1 hour delays. In this case, the LESSEE is liable to pay all kinds of damages incurred by LESSOR, including those caused by disruption of the reservation plan. Furthermore, this matter shall not be considered as the rental period is extended or has become indefinite term.
7.6. In case of the cancellation and / or confiscation of the driving license of the LESSEE and / or additional drivers within the lease period, the LESSEE shall notify LESSOR immediately and return the vehicle to LESSOR as specified in the general conditions of this lease agreement. The LESSEE accepts, declares and undertakes that no refund will be made if the vehicle is returned under this article.
8.RIGHT OF TERMINATION, TERMINATION OF THE AGREEMENT AND PENALTY
8.1. The general terms and conditions of this lease shall come into force as of the date of signature.
8.2. LESSOR, if deemed necessary, has the right to terminate this rental agreement immediately, unilaterally and without compensation, without any reason, notice or caution within the lease period.
8.3. LESSOR has the right to terminate the general conditions of this rental agreement immediately, unilaterally and without compensation, without any notice, caution or provision in case where the LESSEE does not partially or fully comply with any or all of the obligations and commitments contained in the general conditions of this lease agreement and the vehicle delivery and return forms.
8.4. In case of LESSEE violates any provision of this agreement in whole or in part, or failure to fully or partially comply with any of its obligations and commitments in the vehicle delivery / return form under the general terms of the rental agreement, or LESSEE’s abandonment of trade, applying for concordat, initiation of enforcement proceedings against it in any mean, difficulty in payment, liquidation or application for bankruptcy or application to the court with a request for postponement of bankruptcy or failure to pay the rental fee or any of LESSOR's receivables in full and on time by LESSEE or the credit card becomes unusable due to blocking, limit, cancellation or expiration of the credit card or in case the vehicle has been abandoned (at the discretion of LESSOR) or in the presence of suspicion of abuse of trust (at the discretion of LESSOR), the general conditions of this lease shall automatically terminate without notice, caution or provision.
8.5. The LESSEE is obliged to deliver the vehicle to LESSOR at the place of delivery specified in the lease agreement and / or vehicle delivery form at the latest within 3 hours from the date of termination of the general conditions of this lease agreement. In case the vehicle is not delivered, the LESSEE shall accept irrevocably in advance of the seizure of the vehicle by the LESSOR in its place without any notice, caution or decision. The LESSEE accepts, declares and undertakes that it waives all rights of lawsuits, complaints and other rights and shall not make any claim to the RENTER in case LESSOR exercise the right to seize.
8.6. The LESSEE accepts, declares and undertakes that LESSOR shall be free of all liability and responsibility from the date of delivery of the vehicle by the LESSEE or the seizure of LESSOR.
8.7. LESSEE accept and undertake payment of the full amount of the rent until the end of the lease term with the amount specified in Article 7.5, arising from the VAT and the Central Bank of the Republic of Turkey to handle twice the rate of advance interest rates together with default interest. In addition, LESSOR may demand compensation from the LESSEE for all kinds of loss and loss of profit to be deprived.
9. TRANSFER, ASSIGNMENT, SUB-RENTAL, PRISON PROHIBITION
The LESSEE may not transfer or assign the general terms and conditions of this rental agreement to another person without the written consent of LESSOR; shall not allocate the rented / delivered vehicle to any other person by no means, shall not show it as collateral, shall not rent or use the right to imprisonment or any other similar procedure. The vehicle shall not be taken abroad without the written consent of LESSOR. In case of written approval, all expenses and responsibilities incurred due to abroad departures shall be belong to LESSEE. LESSOR may transfer and / or assign the general conditions of the rental agreement, vehicle delivery and vehicle return form and / or the rights, receivables and obligations arising therefrom without the permission of the LESSEE.
PARTIES agree that all commercial and professional information belonging to the other party to which they shall become foundations shall be confidential and undertake not to disclose such information to third parties by such parties or employees. This confidentiality commitment remains in effect even if this Agreement expires or is canceled. LESSEE is also obliged to ensure that this confidentiality provision is complied by its personnel. Sharing the informations of rented vehicle, brand, model, license plate, LESSEE, user, etc. by LESSOR with third parties and services shall not be considered a violation of confidentiality. LESSEE is liable to pay any damages incurred of LESSOR in case of violation of this provision by its own and / or its personnel. This confidentiality clause shall be valid indefinitely even if the contract is terminated and / or expired. The LESSEE accepts this authority of the LESSOR in advance.
11. SETTLEMENT OF DISPUTES
Turkish Law shall apply to the general conditions of this lease agreement, the interpretation of the vehicle delivery and return form and / or any disputes that may arise between the parties. Ankara courts and executive offices are authorized for settlement of disputes. In case the Turkish and foreign language versions of the annexes issued / to be issued in addition to the general conditions of the lease agreement, vehicle delivery and return form and the general conditions of this lease agreement are presented in the same document, the Turkish text shall be taken as the basis for the interpretation of these texts.
Any changes or supplements not made in writing with the mutual signature of the parties shall not apply to the general conditions of this rental agreement and the vehicle delivery and return form. In case the LESSEE does not sign the return form at the moment of the return, the information on the return form issued by the LESSEE shall be deemed valid.
The parties accept, declare and undertake that the written addresses of these leasing agreements in general terms are legal notification addresses, and that unless the change of address is notified to the other party within 3 days, the notification to be made to these addresses will have all legal consequences of the legally valid notification.
In case of LESSEE does not use or delay any rights and / or entitlements granted in the general terms and conditions of this rental agreement and the vehicle delivery and return form, the LESSEE does not waive such rights and / or entitlements; or any other right or authority to be used later.
15. INTEGRITY OF THE AGREEMENT
In the general conditions of this rental agreement, if any provision in the vehicle delivery and return forms is considered invalid for any reason or is not enforceable, the other provisions of the agreement shall remain in force.
All of the terms of this agreement consisting of 15 articles have been read, discussed and signed on…………. as (1) original and (1) copy and its copy has been given to the LESSEE.
I have read and understood all the articles of this agreement, i have been informed in detail about all of the articles, and i hereby accept all of the terms and conditions set forth in this agreement.
Name and surname
PERSONAL DATA PROTECTION
The Law No. 6698 on the Protection of Personal Data (“Law no. 6698”) entered into force in order to protect fundamental rights and freedoms of people, particularly the right to privacy, with respect to processing of personal data and to set forth obligations, principles and procedures which shall be binding upon natural or legal persons who process personal data.
DEMONTİ RENT A CAR is committed to the security of your personal data. Your personal data collected hereunder may be processed for any one of the purposes listed below, which required you to disclose your personal data to us within the framework of the personal data processing conditions set forth in Articles 5 and 6 of the Law no. 6698. As a matter of fact, as per Law no. 6698, any personal data you share with our Company may vary depending on the service, product or commercial activity provided by our Company; can be collected orally, in writing or electronically by means of automatic or non-automatic methods, through offices, branches, dealers, call center, website, social media channels, mobile applications, third parties, legal authorities and similar means of our Company and its member merchants, in order to maintain the services, personal data are processed in accordance with the law and honesty, the accuracy of the data is ensured and if necessary, it can be updated, stored, transferred to third parties, shared and anonymized.
Your personal data collected hereunder may be processed for any one of the purposes listed below, which required you to disclose your personal data to us within the framework of the personal data processing conditions set forth in the subjected articles of Law no. 6698 to carry out the commercial activities of the Company; to take actions so as to let the relevant persons to make use of our products and services; to plan and execute the commercial and/or business strategies of the Company; to customize the products and services offered by the Company according to the habits and needs of use and offer the same to the related persons; to plan and execute the human resources policies and processes of the Company; to plan and executive business activities of the Company; to manage and handle the customer relations management processes; to plan and execute sales processes for the products and services; to manage the relations with business partners or suppliers; to plan corporate governance activities; to plan activities for assuring business continuity; to plan the marketing processes of products and/or services; to follow up and handle the customer demands or complaints; to follow up and handle the financial and/or accounting processes; and to follow up and handle the legal affairs.
Personal data holders have the rights:
- To learn whether their personal data is already processed or not; and
- If their personal data is already processed, to request information thereabout; and
- To learn the purpose of processing of their personal data, and whether their personal data is used for the intended purposes or not; and
- To learn and know the identity of third parties to whom their personal data is disclosed or transferred at home or abroad; and
- If their personal data is processed incompletely or inaccurately, to request correction or completion of them, and accordingly, to request that third parties to whom their personal data is disclosed or transferred be informed about such correction or completion; and
- personal data, and accordingly, to request that third parties to whom their personal data is disclosed or transferred be informed about such deletion or destruction; and
- To raise objections against probable results against interests of themselves through analysis of the processed personal data solely and exclusively through automatic means and systems; and
- If they suffer damages and losses due to unlawful or illegal processing of their personal data, to claim indemnification of their damages and losses in accordance with Article 11 of Law no. 6698.
You can access the detailed information and application form on our www.demontirentacar.com website.
You hereby agree to and consent to the processing of your personal data that you will provide to our Company with the consent of you, to be transferred to third parties in Turkey or abroad, to be stored, recorded except in exceptional cases where your personal data is processed and transmitted to the extent necessary for the fulfillment of the contract (Article 5/2 of Law no. 6698).