Rental Agreement

Contract Clauses

The lessee must comply with the highway regulations and applicable laws. In case of criminal proceedings due to the use of vehicles contrary to laws and regulations, the lessee is responsible for the costs (penalty, vehicle binding, vehicle towing, etc.).

3. The lessee is responsible for the penal procedures to be applied as a result of the accidents caused by acting contrary to the traffic rules of the highways and their accessories (traffic fines, expenses to be incurred as a result of the binding and towing of the vehicle subject to rental and other other expenses to be incurred as a result of the relevant accident).

The Lessee has been informed that he/she can only use the vehicle offered to his/her use in accordance with this Agreement and that the right of use is not granted to any third party outside the contract. The Lessee shall be responsible for all damages incurred in case of violation of this article, vehicle delivery-return dates or any article of the Agreement; The Lessor may claim and/or collect any damages incurred from the Lessee. In case there is an Additional Driver, this provision shall be applied to the Additional Driver by analogy and the Lessee and the Additional Driver shall be jointly and severally liable to the Lessor. Translated with DeepL.com (free version)

4. The minimum rental period is 1 day (24 hours). For shorter rentals, the daily rate is applied. In case of delay, if the delay exceeds 2 hours, a full day fee is charged.
5. The Lessee shall return and deliver the vehicle on the agreed day. For all extensions, the Lessee shall apply to DAIM RENT A CAR and obtain its approval, In the extensions made without approval, it is accepted by the parties that the Lessee has the vehicle in illegal possession.
6. At the beginning of the rental, vehicle users are required to present their driver's license and a valid credit card. Payments are made in advance at the beginning of the rental with a valid credit card or by bank transfer.
7. At the beginning of the lease, a temporary blockage is applied to the lessee's credit card as collateral in amounts varying according to the vehicle group. If the rental period is more than 1 month, the blockage amount is equal to the monthly rental price. The lessee agrees in advance that he/she will not object to the collection of additional rental day amounts, fuel deficiency, damage, traffic fines, etc. over the blockage. In the transactions to be carried out regarding traffic fines, the service fee will be charged at 20% (twenty percent) of each fine amount plus VAT, up to a maximum of 500 TL. If the vehicles have HGS (Fast Pass System), the tenant will make the payment to the relevant office with the addition of 15% service fee on the amount of the rent return. Tenants using OGS (Automatic Pass System) are obliged to pay the illegal pass fees.
8. If requested by the lessee, the following additional insurances can be purchased that extend the insurance coverage;

• Mini Damage Insurance covers material damages (excluding tire, glass, headlight damages) up to a specified amount that varies according to the vehicle group, with the written declaration of the customer, without the need for a police report. In case of damages above the amount determined by the mini damage insurance, the customer is responsible for the entire damage cost.
• LCF Assurance; 1 tire (rim damages are not covered by this assurance) or 1 all windows and side mirror glasses (roof glass is not covered by this insurance) or 1 headlight (including rear taillights, signal lamps) that are damaged alone without damage to the body, exterior parts of the rented vehicle are covered by LCF insurance.
• In addition to compulsory liability insurance, voluntary financial liability insurance provides a maximum of TL 500,000 against third parties.
• Ferdi kaza sigortası, sürücü ve araç içindeki yolcuları sigorta limitleri dahilinde güvence altına alır.

4. In case of damage or malfunction in the rented vehicle, the lessee is responsible for delivering the vehicle to the authorized service in a safe and non-damaging manner. In the process of delivering the vehicle to the service, if no support is received from DAİM RENT A CAR offices or center, the cost of the tow truck will be paid by the lessee.
5. At the request of the lessor, the lessee is responsible for paying the following;

a. The daily rental fee and/or mileage fee to be calculated according to the amounts specified in the CONTRACT for the day the vehicle is used and/or the distance traveled during the rental period (the amount of distance traveled by the vehicle is determined by reading the mileage clock placed on the vehicle by the manufacturer. In case the odometer clock is broken, the mileage fee is calculated according to the distance of the journey on the map)

b. Value added tax and other taxes to be responsible for,

c. During the rental period, all other fines and court costs arising from violations of parking, traffic rules or laws, parking fines and court costs imposed on the vehicle, the lessee and another driver or against the lessor, except those arising from the fault of the lessor, as well as the costs that may arise due to the binding of the vehicle and the fees for the days caused by the inability to rent the vehicle,

d. The costs incurred due to the repair of damages to the vehicle due to collision or rollover, the expenses of the lessor and the material and moral damages that the lessor is responsible for paying to third parties shall be paid by the lessee. However, the lessee will be able to benefit from the vehicle insurance provided that he/she signs the relevant 'Accepts' section in the lease agreement and pays the premium for the motor insurance exemption limit in advance, uses the vehicle in accordance with all the conditions in the agreement and completes the procedures.

e. The lessee accepts and undertakes that the vehicle has been delivered in good condition in terms of mechanics and bodywork (other than those specified in the lease agreement and vehicle delivery form), and that he/she accepts and undertakes to pay all damages and losses, including all kinds of mechanical, electrical and other third parties' claims, penalties, which cannot be claimed and collected from insurance companies within the scope of traffic insurance rules due to the fault of use in the vehicle and / or due to carelessness and imprudence. It accepts and undertakes to pay all damages and losses and penalties, including the claims of third parties, at the first request, for example; damages caused by incorrect gear shifting, continuing to use the vehicle despite the warning light being on, continuing to use the vehicle after the vehicle is shot, damages caused by not notifying the maintenance despite the need for maintenance during the rental period.

f. In order for a person other than the renter to drive the vehicle, valid identification and driver's license information must be written in the contract at the beginning of the rental and additional daily driver fees must be paid. If this rule is not complied with, the insurances taken will be deemed invalid and the renter and the persons using the vehicle will be held responsible for all damages,

g At the end of the lease, the fuel of the vehicles that will arrive with missing fuel will be completed at SAİM RENT A CAR offices, and the payment will be made by the lessee with 30% service fee and VAT amount to be added on the fuel amount. Traffic fines related to the lease period shall be paid to the Lessor if not paid by the Lessee at the end of the lease. Traffic fines that cannot be detected at the end of the lease and will come later will be collected from the credit card with the consent of the lessee at the beginning of the lease by informing the lessee,

h. Expenses incurred by the lessor during the collection of the payments required to be made by the lessee in accordance with this agreement. In payments made by credit card, the lessee cannot object to the filling and collection of the credit card slips received as a deposit by the lessor in accordance with the rental agreements,

12. Although the Lessee has accepted the Standard Insurance coverage and Mini Damage Insurance applied by DAİM RENT A CAR, it agrees to cover the damage liability and related expenses without objection in case the vehicle is damaged under the following conditions,

a. If he/she was under the influence of alcohol and/or drugs at the time of the accident,

b. In cases where the accident detection form/report states that the accident is caused by the unilateral fault of the Lessee (In case of similar records, including but not limited to not adapting/appropriate use of the speed of the vehicles to the weather, road, visibility, technical specifications and traffic conditions)

c. If the legal speed limit is exceeded and the accident report states that the accident was caused by speeding,

d. In cases where the accident report is not issued in unilateral accidents, in cases where the declaration is incompletely filled in bilateral accidents, in cases where the alcohol report is not taken, as well as in intentional accidents, driving at high speed, etc. In case of damages caused by carelessness and intent, damages caused by incorrect or illegal fuel use, damages caused by tire bursts, damages caused by driving on the rim, in case of using a vehicle contrary to traffic laws, in case of using a driver's license contrary to traffic laws, in case of accidents caused by persons other than the drivers specified in the lease agreement, the Insurance and Reinsurance Companies Association of Turkey; In cases where insurance companies do not pay the insurance amount due to exceeding the conditions determined by the Association of Turkish Insurance and Reinsurance Companies regarding motor insurance policies, the lessee, in case of damage to the upper parts of the vehicle (as a result of hitting bridges, balconies, branches, etc.). b. as a result of hitting objects), the tenant is obliged to pay the damage costs incurred even if it has received traffic insurance and damage assurances.

e. 3. Material damages and treatment expenses caused to persons and passengers in the vehicle are limited to the limits of the compulsory traffic insurance of the vehicle, and all responsibilities and liabilities that may arise, including moral damages, belong exclusively to the lessee.

f. Non-accidental tire slitting, tire damage, wheel damage (unless LCF coverage has been purchased)

g. Loss of hubcaps and spare wheel

h. Damage to registration, license plate, fire extinguisher and in-vehicle equipment

i. Loss of keys and/or damage to keys due to usage

j. Sigorta kapsamına girmeyen her türlü hasar ve zarar

13.The tenant shall pay the fee determined at the time of vehicle delivery and the costs to be incurred afterwards, at the end of the lease, by credit card, voucher or cash. Tenants working on current account will make their payments related to the debt to be incurred in cash or through the bank after the invoice is issued. The tenant accepts, declares and undertakes to pay 5% (five percent) default interest from the invoice date and 5% (five percent) default interest from the invoice date, without any notice and notice, if the tenant does not pay the debt arising from the elements in the rent and lease agreement on time. The lessee accepts, declares and undertakes that in case of a precautionary attachment or precautionary injunction request in case of non-payment of the rental fee, DAİM RENT A CAR is authorized to take a precautionary attachment and injunction decision without providing collateral.

14.The vehicle shall not be used in the ways described below:

a. Passenger / cargo transportation, towing / pushing of any vehicle, transportation, possession or other illegal transactions in violation of customs legislation and other laws, under the influence of alcohol (including the use of alcohol below the legal limit specified in the Law - e.g. between 0-0.30 promil) and / or drugs, in motor sports (racing, speed, rally, endurance, speed trials, etc.) in exchange for an open or hidden income

b. Transportation of cargo/items on roads closed to traffic or unsuitable for traffic, transportation of cargo/items exceeding the loading limit in a way to damage the vehicle, transportation of more people than the capacity of the vehicle, use of the vehicle on roads (swamps, terrain, stream beds, etc.) and situations that are not suitable for the technical structures and tolerance of the vehicles, use of the vehicle by someone other than the lessee (For persons other than the lessee, there is a requirement to register as an additional driver in advance. However, the person who will drive the vehicle will not be relieved from the responsibilities in the agreement and will be jointly and severally liable with the driver).

c. Repair costs of damages caused by going outside the country borders, outside the legal speed limits, outside the rules specified in the contract, all expenses and compensations caused by the accident are paid by the lessee.

15. In the event of damage to the vehicle given to the lessee, the lessee is also charged a damage follow-up fee of 5% of the damage. When the vehicle is not used by the lessee, the lessee is obliged to take precautions against possible accidents or thefts. The lessee is obliged to park the vehicle in a safe place with the doors locked as a precaution, provided that the license is not left in the vehicle. In case of theft of the vehicle, the key and license of the vehicle must be delivered to the nearest DAIM RENT A CAR office within 24 hours, provided that it proves that it has notified the relevant security units. In the event that the aforementioned measures are not taken and/or the vehicle is stolen due to theft, the lessee agrees to pay the vehicle price and other damages.
16. In the event that goods or passengers are transported with the vehicle, the lessee is exclusively responsible for any damage and loss that may occur to the transported goods or passengers.
17. In the event of an accident resulting in material, death or bodily harm, the tenant is obliged to immediately report the situation to the nearest police officers or relevant units and to deliver the minutes and reports to the relevant DAİM RENT A CAR office within 24 hours at the latest.
18. The Lessee or any authorized driver referred to in 12-g above is insured by a traffic insurance policy. The lessor shall bear the legal liability arising from accidents that cause damage to third parties within the limits of the financial liability insurance coverage contracted within the amount of compensation that it can receive from the insurance companies. All material and moral compensation and legal liability above this amount belongs to the lessee and the lessor has the right of recourse to the lessee. The lessee shall also take the following measures to protect the interests of the lessor and the lessor's insurance company in the event of an accident during the lease period;

a. Obtaining the names and addresses of the relevant parties and witnesses, not accepting any blame unless his/her responsibility or guilt is established, not leaving the vehicle without taking adequate security measures, telephoning the nearest DAIM RENT A CAR office in case of any accident or damage, also having the renter's accident report completed, including the necessary diagram, notifying the nearest police immediately if it is necessary to determine the guilt of another person or if there are injured or dead.

19.The Lessee shall be insured under the terms and conditions of the personal accident insurance policy concluded by the Lessor with its own insurance company and provided that the Lessee pays the stipulated price by signing the front page.

20.In case of a damage to the vehicle that will be reflected on the insurance company, the tenant is obliged to complete the documents and procedures and deliver it. The rental contract will continue to operate at the daily rental price during the period until the documents and procedures are completed.

21.The lessor is not responsible for the objects and goods left in the vehicle after the lessee takes the vehicle back from the lessee. The lessee is obliged to have the periodic maintenance of the vehicle during the lease period according to the instruction book in the automobile. If the invoices for the procedures to be carried out in authorized services within the knowledge of DAİM RENT A CAR are submitted, the costs will be deducted from the lessee's debt and the remainder will be paid to the lessee. In case of breakdown of the vehicle, the lessee shall immediately park the vehicle safely and notify the nearest DAİM RENT A CAR office. Repair costs are accepted only if DAIM RENT A CAR offices have given prior authorization. DAİM RENT A CAR is not responsible for the loss or damage of objects and materials in the vehicle during the recovery of the vehicle. The lessee declares that if the contract period expires, the contract is terminated without any notice and that it is a crime under the provisions of criminal law not to deliver the vehicle despite the termination of the contract for any reason, that if the vehicle is used by the lessee or additional driver outside the rental period and / or used in violation of the law, he / she declares that he / she knows that he / she cannot benefit from any insurance and coverage and legal rights in terms of damage and liability and that no further notification will be made for these matters.

22.Upon expiration of the lease term, the Lessee shall not be able to extend the lease term unilaterally. If the Lessee wishes to extend the rental period, the rental period may be extended with the written consent of the Lessor or the Lessee shall consent to the new vehicle. If the Lessor does not approve the Lessee's request to extend the rental period, and in any case, upon the expiration of the rental period specified in this Agreement; The Lessee shall deliver the vehicle subject to the contract on the day the rental period expires to the address of the lessor “BAĞLIK MAH GÖDENE CAD. No: 103 KUMLUCA /ANTALYA / TURKEY” or to another address that the lessor will notify him in writing. Lease extensions will be bound by the terms of this agreement even if the next lease agreement has not been signed. The lessee accepts that not delivering the vehicle despite the expiration of the contract period constitutes a crime under the provisions of criminal law and that he/she will not keep the vehicle outside the lease period. It accepts and declares that it knows that it cannot benefit from insurance, guarantees and legal rights after the end of the lease period and / or during illegal vehicle use.

23.In the event that the lessee fails to comply with any article of this contract, in particular if the vehicle is not delivered on the agreed date, the lessee recognizes the authority of DAIM RENT A CAR to immediately take back the vehicle wherever it is located and without the need for prior warning, the lessee is obliged to pay the damages and expenses that may occur during the recovery of the vehicle by DAIM RENT A CAR. The TENANT declares that if the contract period expires, the contract has expired without any notice and that it is a crime under the provisions of criminal law not to deliver the vehicle despite the expiration of the contract for any reason, that if the vehicle is used by the tenant or additional driver outside the rental period and / or used in violation of the law, he / she declares that he / she knows that he / she cannot benefit from any insurance and coverage and legal rights in terms of damage and liability and that no other notification will be made externally for these matters.

24. The Lessor may unilaterally terminate this Agreement at any time at any time with a notification to the Lessee, including e-mail, fax, sms ways.

25.The conditions of lease in the information brochures, which are not specified in this contract, but which are printed by the lessor and given to the customer at the beginning of the lease and which are accepted as an integral part of this contract, are accepted by the lessee exactly.

26. There are mileage limits for the use of the vehicles as follows, and in case of mileage exceedance, the amounts specified in the table in the LEASE AGREEMENT will be charged.

27. “The Lessee hereby irrevocably accepts, declares and undertakes that he/she irrevocably acknowledges, declares and undertakes that he/she knows that there are systems that provide geographical location identification, including but not limited to the vehicle tracking system in the vehicle(s) rented pursuant to this Agreement.”

28.Parties; In disputes that may arise from this contract, the lessor's documents, books, statements and records and computer records are valid alone, binding on all parties, conclusive and exclusive evidence, no other evidence can be substituted, and even if it is, it has accepted and declared that it will not be taken into account.

29. Disputes that may arise from this contract shall be settled in accordance with Turkish law and by ISTANBUL ANATOLIA courts and enforcement offices.

30. The Lessor, acting as an independent data controller, may use and transfer the personal data of the Lessee (and the personal data of any authorized driver) collected in connection with this rental agreement or any related agreement or service (“Lessee's Personal Data” or “Personal Data”) for the purposes set out below:

a) To process the Lessee's Personal Data in order to manage the rental relationship and commercial relationship, to communicate with the Lessee or to provide support related to the rental agreement. For this purpose, the Lessor processes the Lessee's Personal Data (i) for contractual purposes (e.g. invoicing) or (ii) for its legitimate interests in ensuring the efficient provision of the requested services (unless these interests override the rights of the Lessee and additional authorized drivers to the protection of personal data).

b) where the Lessee or the additional authorized driver believes that the Lessee or the additional authorized driver may pose a risk for future rentals as a result of any event within the framework of the Lessee's or the authorized driver's relationship with the Lessor, to retain the Lessee's or the additional authorized driver's Personal Data related to such event. The Lessor processes the Lessee's Personal Data on the basis of 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 override the rights of the Lessee - and additional authorized drivers - to the protection of personal data).

c) verify the driving and credit information provided by the Lessee and the authorized driver (including the Lessee's Personal Data) through credit agencies, licensing agencies, fraud prevention agencies and databases. The Lessor processes the Lessee's Personal Data in this context in accordance with its legitimate interests in fraud prevention (unless these interests override the rights of the Lessee and additional authorized drivers to the protection of personal data).

d) to provide the relevant insurance databases with details of accidents involving the Lessee or any additional authorized driver (including the Lessee's Personal Data). The Lessor processes the Lessee's Personal Data for this purpose where necessary for the establishment, exercise or defense of legal claims.

e) To provide the Lessee's Personal Data to government agencies overseeing road schedules to assist in the enforcement of any traffic regulations during the Rental. The Lessor processes the Lessee's Personal Data for this purpose as necessary to ensure compliance with applicable legal obligations.

f) The Lessor may provide the Lessee's Personal Data to the relevant tax office or authority, debt collectors, credit institutions and other relevant institutions within the framework of (i) contractual requirements; (ii) compliance with a legal obligation; and/or; (iii) the Lessor's legitimate interest in collecting its receivables.

31. The Hirer may provide the Hirer's Personal Data to (i) EAN Data Services UK Ltd., (ii) and/or any of their respective affiliates (collectively “EHI”), all of which will act as independent data controllers. (Please refer to EHI's Privacy Policy at https://www.enterprise.co.uk/en/privacy-policy for details). The Lessee's Personal Data will be shared for the purposes set out below:

a) To process the Lessee's Personal Data in order to manage the rental relationship and the commercial relationship; to communicate with the Lessee to provide support related to the rental relationship. For this purpose, EHI processes the Lessee's Personal Data (i) for contractual purposes (e.g. invoicing) or (ii) for its legitimate interests in the efficient provision of the requested services (unless these interests override the rights of the Lessee and additional authorized drivers to the protection of personal data).

b) where, as a result of any incident within the framework of the Lessee's or the authorized driver's relationship with EHI, EHI considers that the Lessee or the additional authorized driver may pose a risk to future rentals, to retain the Lessee's or the additional authorized driver's Personal Data related to such incident. EHI processes the Lessee'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 override the rights of the Lessee - and additional authorized drivers - to the protection of personal data).

c) Processing of the Lessee's Personal Data to conduct customer satisfaction surveys via telephone; EHI carries out the processing of the Lessee's Personal Data within this scope based on the Lessee's explicit consent.

d) sending marketing communications (e.g. by post or electronic communication) to the Lessee about similar products or services that EHI believes the Lessee would be interested in; this may include the provision of targeted advertising on EHI sites, selected partner sites and social networks. EHI processes the Lessee's Personal Data for the purpose of carrying out its marketing strategy in accordance with its legitimate interests (unless these interests override the rights of the Lessee - and additional authorized drivers - to the protection of personal data). However, EHI will request the consent of the Lessee if necessary.

e) keeping statistics and analyzing product and service usage statistics about the Renter and additional authorized driver in order to provide better customer services, products, features, functions to other people who may become customers in the future (including anonymous data processing)

EHI is responsible under the “EU-U.S. Privacy Shield Framework” for the processing of personal data received. If Tenant has an unresolved privacy or data use concern regarding EHI's data transfer compliance or if Tenant has an unresolved privacy or data use concern that EHI is not addressing Tenant satisfaction, please review EHI's Privacy Policy for more information on how to contact EHI's third party dispute resolution provider.

32. Both the Lessor and EHI store the Lessee's Personal Data for commercially reasonable periods of time or in accordance with applicable laws and policies. Information collected for a specific purpose will be used only for that purpose and will not be actively stored after a reasonable period of time, when that purpose is fulfilled. However, inactive data may continue to be used for statistical, marketing, archiving and other analytical purposes.
33. Limited to the rights recognized under applicable laws, the Lessee's rights are as follows: (i) to have access to his/her personal data (including in a commonly used, machine-readable format); (ii) to have his/her personal data corrected (where it is inaccurate or incomplete) (iii) to have his/her personal data erased if the Renter's or EHI's legitimate interests (or other grounds) for processing personal data no longer exist; (iv) to have his/her personal data restricted (v) to object to the Renter's or EHI's processing of his/her personal data in certain circumstances; and (vi) to lodge a complaint with the relevant supervisory authority.
34. If the Lessee has any questions regarding the above use of his/her Personal Data, he/she should first contact the Lessor.
35. The Vehicle may be equipped with (i) emergency notification functions (“eCall System”) and (ii) telematics systems and infotainment (“Telematics Systems”) independently controlled by its manufacturer (“OEM”). eCall System is provided to ensure that the Lessee and its passengers receive appropriate assistance in case of emergency. If the Vehicle is reported potentially or actually lost or stolen, the Renter shall request access to the necessary Telematics Systems from the relevant OEM. The applicable privacy statement, which may include system and service limitations, warranty exclusions, limitations of liability, disclosures of use, disclosure and retention of information, Lessee's individual rights and any data transfer outside the European Economic Area, as well as OEMs' contact information can be found on the OEM's websites or obtained from the vehicle dashboard. When the Lessee uses any satellite, navigation or infotainment system in the Vehicle, it is responsible for any information stored in the system as a result of its use. The Lessor does not guarantee the confidentiality of this information. The Lessee must delete this information before returning the Vehicle to the Lessor. If the Lessee does not delete this information, the next users of the Vehicle will have access to this information.