MOTORIZED LAND TRANSPORT VEHICLE RENTAL AGREEMENT GENERAL CONDITIONS
PARTIES
On the one hand, the headquarters address is Yeni Mah. Güleryüz Sk. This Motorized Land Transport Vehicle Rental Agreement General Conditions have been signed between SAW RENT A CAR BİLİŞİM DANIŞMANLIK VE TİCARET LİMİTED ŞİRKETİ, No: 7 / D Pendik / İstanbul, and the real or legal person who signed this agreement on the other side.,
DEFINITIONS
LESSER: SAW RENT A CAR BİLİŞİM DANIŞMANLIK VE TİCARET LİMİTED ŞİRKETİ
TENANT: The natural or legal person who signs these general conditions and
USER/DRIVER: The driver specified as the person who will drive the vehicle on the vehicle delivery form,
VEHICLE: Motorized land transport vehicle whose brand, model, license plate and other features and/or specified in the vehicle delivery and return form and rented to be used by the TENANT during the rental period,
GENERAL CONDITIONS: These General Conditions of Motorized Land Transport Vehicle Rental Agreement,
VEHICLE DELIVERY FORM: The form in which the rented vehicle has been delivered to the TENANT, its condition at the time of delivery, the group, brand, model, license plate and other issues of the rented vehicle,
VEHICLE RETURN FORM: The form stating that the rented vehicle has been returned to the LESSOR, its condition at the time of return and other matters.
DAILY RENTAL AMOUNT: The rent to be paid by the TENANT, excluding all other fees and expenses, for a maximum rental period of 24 hours,
MONTHLY RENTAL AMOUNT: The rent to be paid by the TENANT, excluding all other fees and expenses, for a maximum 30-day rental period,
RENTAL CONDITIONS: It refers to the rules and conditions determined by the LESSOR regarding User Information, Rental Period, Fuel, Vehicle Delivery, Insurances and Guarantees, Traffic Fines, Additional Products and Services, Mileage Limits, Payment Conditions, Reservation, Contract Change, announced on the LESSOR's web site www.sawrentacar.com and/or the call center at 0850 304 94 30.
SUBJECT
The subject of these General Conditions 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.
USE OF THE VEHICLE
4.1. The vehicle has been rented to the TENANT during the rental period, and the TENANT declares and undertakes to use the vehicle in accordance with the matters specified in the Rental Conditions, vehicle delivery form, vehicle return form and these general conditions, to pay the rental fee and the fees/fees specified in the vehicle delivery form and these general conditions, and to accept all the issues specified in the Rental Conditions, vehicle delivery form and these general conditions.
4.2. In cases such as changing the rental period, vehicle group or departure and return address, the rental fee and other fees will be recalculated by the LESSOR based on the prices applied on the day the change request is made. For reservation cancellations, the cancellation rules valid at the time the reservation was made and published on the website will apply.
4.3. The rental services to be requested by the TENANT within the scope of these general conditions will be carried out by the TENANT receiving the requested vehicle from the relevant LESSOR branch by signing the vehicle delivery form. The vehicle delivery forms in question are an annex and an integral part of these general conditions and will be interpreted together.
4.4. During the signing of the vehicle delivery form, updated information will be provided on the vehicle delivery form.
4.5. The TENANT accepts and undertakes to comply with the matters written in the vehicle user manual prepared by the vehicle manufacturer, to show the necessary care and attention in the use of the vehicle and to ensure that the vehicle is in good condition.
4.6. TENANT accepts and undertakes to use the vehicle within the borders of the Republic of Turkey in accordance with the Highway Traffic Law and all relevant legal provisions. In addition, the TENANT shall not use the vehicle in the ways described below, including but not limited to those listed below, otherwise it will be responsible for the resulting penalties and all kinds of expenses and damages:
In the transportation of substances contrary to customs legislation and other laws,
Drug dealing by vehicle, participation in terrorist activities, armed conflict and all other illegal activities, including but not limited to these,
Any vehicle etc. pushing or pulling,
Transporting passengers or goods for commercial purposes,
When transporting personal cargo/belongings that will damage the vehicle and exceed the loading limit,
The vehicle is driven by a driver who has taken drugs or alcoholic beverages, who is unlicensed, or who is not specified as the driver or additional driver on the delivery form,
As a result of the vehicle's participation in competitions and races and in preparation trials for these (including, but not limited to, races, rallies, speed trials, etc.),
In places and conditions that are not suitable for the brand and model of the vehicle (sand or mountainous terrain, stream bed, swamp, etc.) and in places and roads that are not suitable for the technical structure and endurance of the vehicle,
In unusual and unsuitable road conditions,
During transportation by land, sea, river and air, except on roads or on licensed ships and trains where the vehicle can enter and exit under its own power,
In case of animal transportation and any related odor,
Damages caused by contact with cigarette-like substances and T.R. As of 2013, with the Constitution numbered Law No. 4207, "No smoking in private vehicles, and penalty to be paid if smoked"
4.7. The vehicle will be used by the driver and/or additional driver/s who have a valid driver's license and age limit specified in the vehicle delivery form according to the group of the vehicle. The TENANT is obliged to ensure that the additional driver/s specified in the vehicle delivery form fully and completely comply with the vehicle delivery form and general conditions. In addition, the TENANT is jointly responsible with the driver and additional drivers for any damage or loss that may occur due to the use of the vehicle.
4.8. The TENANT accepts and undertakes not to make any changes to the vehicle without the written permission of the LESSOR. Otherwise, the TENANT is responsible for the restoration costs and damages incurred by the vehicle.
4.9. The TENANT is responsible for any errors in use and/or carelessness, imprudence, failure to carry out periodic maintenance on time, etc., in the vehicle received in a sound and good condition. accepts and undertakes to pay all damages and losses, including all kinds of mechanical and electrical, caused by reasons (including, but not limited to, transmission failure caused by incorrect gear shifting, damage caused by hitting the bottom of the vehicle, damage caused by continuing to use the vehicle despite the warning light being on, damage to parts such as tires and rims, fuel-related damage and malfunctions, clutch set replacement, etc.).
4.10. 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 the amount paid will be collected from the TENANT by adding 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. cannot request that the LESSER object to the toll charges and traffic fines, cannot avoid paying the penalty amounts due to the LESSER not objecting, and cannot make any requests from the LESSER in this regard. In addition, the LESSER, fuel, parking, ogs, hgs, highway, bridge, etc. is authorized to collect tolls, traffic fines, interest data 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 may have the right to pay for fuel, parking, 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.
4.11. The TENANT will pay the security fee to be determined by the LESSER according to the vehicle group (without limiting the amount of damage/loss to be given by the TENANT and without prejudice to the right to collect damage/damage amounts exceeding this amount) to the LESSOR by credit card before the delivery of the vehicle, in order to guarantee the damages that may arise on the vehicles and other receivables and other rights of the LESSOR arising from the contract. This guarantee fee will be returned to the same account if it has been collected from the credit card, within 6 business days from the date of return of the vehicle, if the vehicle is delivered to the LESSOR completely and without any problems, at the delivery place and on time specified in the delivery form, and if the TENANT does not have any debt, the blockage will be removed if it has been blocked. The LESSOR is not responsible for any delays caused by the bank regarding the return/unblocking of the guarantee. If the vehicles are not delivered on time in a complete and trouble-free manner, or if the TENANT has rent, HGS/OGS, highway, damage, fuel, additional products, mileage exceedance, time limit and/or other debts, the guarantee fee will be offset against these receivables without the need for any notice, judgment or permission of the TENANT, and damages and receivables exceeding the guarantee amount will be collected separately from the TENANT. The LESSER is authorized to collect damages and receivables exceeding the security deposit from the TENANT's credit card without the need for any permission, decision or notification, and not limited to the contract period.
4.12. 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 Lease Period and General Conditions have expired, the TENANT's liability will continue for damages occurring during the rental period.
4.13. The vehicle rented by the TENANT has systems that enable geographical location identification, primarily but not limited to the vehicle tracking system, and the rented vehicle can be tracked, tracked, location and km information can be recorded by the LESSER in order to prevent theft, loss and similar security violations, and these records can be disclosed to official or unofficial third parties/institutions when necessary for security reasons or for use in legal, judicial/administrative transactions/investigations.
4.14. The TENANT may be subject to a provisional lien or precautionary injunction etc. due to failure to pay rent and/or other debts arising from general conditions. In case of request, the LESSOR accepts, declares and undertakes that there is no need to provide a guarantee.
4.15. After the vehicle is delivered to the TENANT, if the TENANT and/or any 3rd Party acts against the law with the vehicle, or if the vehicle is involved in any crime, or if official authorities impose measures on the vehicle registration for any reason for which the TENANT is responsible, and/or the vehicle is delivered to the trustee and/or the LESSER, these conditions will automatically terminate without the need for any notice, warning or decision. In this case, the TENANT accepts and undertakes to pay all direct and/or indirect damages that the LESSOR may incur for this reason, including but not limited to towing, transportation, parking, delivery, fines, taxes, fees, and service fees, if any, as well as the highest daily rental fee of that vehicle that will occur as long as the measure continues, in cash and in full, without any objection, even if the contract is terminated. In addition, if the vehicle is seized/confiscated by the official authorities for these reasons, the TENANT is obliged to immediately pay the market price of the vehicle on the date of seizure/confiscation to the LESSOR. In case the vehicle cannot be sold due to the measures taken by the official authorities on the vehicle, the TENANT is responsible for the guarantee, bank guarantee letter or cash blockage expenses and all other expenses that must be given to the official authorities in order to lift the measure.
4.16. The TENANT is obliged to use the vehicle in accordance with the mileage limitation of 350 km (Three Hundred and Fifty Kilometers) per day for the first 10 days, unless otherwise stated in the vehicle delivery form. In contracts longer than 10 days, regardless of the rental period, the mileage limitation of each contract is limited to 3,500 km (Three thousand five hundred kilometers) per contract. In case the determined mileage limit is exceeded, the TENANT agrees, declares and undertakes to pay the mileage excess fee, which varies per kilometer specific to the vehicle group, unless otherwise stated in the vehicle delivery form. If the TENANT changes the vehicle within the same contract for any reason, the mileage excess fee will be calculated based on the total mileage during the contract.
4.17. The TENANT is obliged to return the fuel in the vehicle's tank at the time of rental as it was 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 amount 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 the service fee from the TENANT's credit card without the need for any permission, notification or provision, without being limited to the contract period. If the TENANT returns the vehicle with a fuel level higher than the fuel level at which it was delivered, the TENANT cannot request a refund of the excess fuel cost. There is no refund for excess fuel costs to the RENTER.
PRICING AND PAYMENT
5.1. TENANT is obliged to pay all fees stated in writing in these general conditions, vehicle delivery and return form, and the fees for the following services, but not limited to those listed below:
Rental fee calculated based on the number of days rented,
Navigation device, baby seat, snow tires, roof rack, valet delivery, one-way/two-way drop-off, etc. for the rented vehicle. If additional services are requested, the additional fee for these services,
If requested; Premium - Super - Minor Damage Assurances, you can benefit from additional assurances at the beginning of the rental, provided that you pay the assurance amounts,
Additional rental fee, one-way fee and legally imposed taxes, mileage excess fee, damage/loss compensation fees, service fees, insurance, fuel, parking, hgs, ogs, highway, bridge tolls, traffic fine amounts that may arise at the end of the rental.
5.2. TENANT's payments will be made in the manner determined by the LESSOR. The LESSOR requests that the rental fee be paid in advance. TENANT accepts, declares and undertakes that if the rental fee, other fees and legal payments within the scope of the general conditions and vehicle delivery and return 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 to pay all of the overdue receivables together with the default interest that will accrue at twice the advance interest rate of the Central Bank of the Republic of Turkey as of the invoice date. The LESSOR reserves the right to unilaterally terminate the lease agreement and general conditions.
5.3. The TENANT irrevocably accepts that the above-mentioned fees and all other fees arising from these general conditions, vehicle delivery and return form, including but not limited to those listed above, will be collected from the TENANT's credit card without the need for any permission, provision or notification, and not limited to the contract period. Even if this agreement is terminated or terminated for whatever reason, this 5.3. The article will remain in force indefinitely.
INSURANCE AND LIABILITY
6.1. All damages, responsibilities and liabilities that may occur, including material damages, non-pecuniary damages, loss of value and loss of earnings, as well as material damages, treatment expenses and all other damages to other motor land transport vehicles, third parties and passengers in the vehicle, which are outside the scope and limits of the Compulsory Financial Liability Liability Insurance of the vehicle taken out by the TENANT, belong to the TENANT. If the LESSER compensates for any damage that is outside the scope of insurance coverage and/or above the limits, the TENANT accepts and undertakes to pay the payment made by the LESSER to the LESSER together with the default interest that will accrue at twice the advance interest rate determined by the Central Bank of the Republic of Turkey as of the payment date.
6.2. TENANT, at the time of signature of the delivery form; He is obliged to pay in advance the fees to be requested by the LESSOR from the additional security packages offered to him, in addition to the rental fee. Descriptions of relevant Assurance products are provided below:
Minor Damage Assurance: Provides repairs with a tenant declaration for damages up to 5,500 TL including VAT on the vehicle body due to a one-sided accident. The basic basis of the Mini Damage Assurance Coverage is to provide convenience to users and the possibility of repair by declaration in cases of damage that may occur unilaterally and whose cost will not exceed 5,500 TL. Damages and deficiencies such as lack of interior equipment (ashtray, lighter, etc.), burns or tears on the seats and upholstery inside the vehicle, broken air vents, damage to the screen and indicators, and lack of antenna outside the vehicle are evaluated outside the scope of Mini Damage Assurance. It also includes Tire, Glass and Headlight insurance.
Super Mini Damage Assurance: Provides repairs with a tenant declaration for damages up to 12,000 TL including VAT on the vehicle body due to a one-sided accident. The basic basis of the Super Mini Damage Assurance is to provide users with the opportunity to repair by declaration, in cases of damage that may occur unilaterally and whose cost will not exceed 10,000 TL. In the Super Mini Damage Assurance coverage, damages and deficiencies such as lack of in-vehicle equipment (ashtray, lighter, etc.), burns or tears on the seats and upholstery inside the vehicle, broken ventilation radiator, damage to the screen and indicators, and lack of antenna outside the vehicle are evaluated outside the scope of the Super Mini Damage Assurance. It covers Tire, Glass, Headlight Insurance, Optional Financial Liability Insurance and Personal Accident Insurance coverage.
Premium Damage Assurance: Provides repairs with a tenant declaration for damages up to 20,000 TL including VAT on the vehicle body due to a one-sided accident. The basic basis of the Premium Damage Assurance Coverage is to provide convenience to users and the possibility of repair by declaration in cases of damage that may occur unilaterally and whose cost will not exceed 20,000 TL. In the Premium Damage Assurance coverage, damages and deficiencies such as lack of in-vehicle equipment (ashtray, lighter, etc.), burns or tears on the seats and upholstery inside the vehicle, broken ventilation radiator, damage to the screen and indicators, and lack of antenna outside the vehicle are evaluated outside the scope of Premium Damage Assurance. It covers Tire, Glass, Headlight Insurance, Optional Financial Liability Insurance, Personal Accident Insurance and Exemption insurance coverages.
Tire, Glass and Headlight Assurance: Provides repairs for damage to the vehicle's tires, glass or headlights, with a tenant declaration. As for the windshield, if the user has not received any guarantee, it will be paid by the user. If the user has received guarantee and the cost of the glass is within the guarantee amount, it will be covered by the guarantee, if it exceeds the guarantee amount, the user will pay.
Personal Accident Insurance: This is the insurance that insures the driver and people in the vehicle within the insurance limits.
Third Party Insurance: It is the insurance that increases the limit that the traffic policy will cover in case of damages to others (damages caused to others if you are at fault with the vehicle used).
6.2.1 In case damage guarantees are requested and paid in advance by the TENANT, the "Car Insurance" content of the "General Conditions of Land Vehicles Insurance" published by the Association of Insurance, Reinsurance and Pension Companies of Turkey, which is in force on the date of the damage/incident regarding these guarantees
Collision of the vehicle with motorized or non-motorized vehicles that can be used on the road or railway,
Accidents such as being hit by a fixed or moving object, or the vehicle hitting such an object, overturning, falling or rolling, as a result of sudden and external impacts against the user's will, whether while moving or stopped,
Damages caused by third parties' acts of malice or mischief, or by persons who do not have the capacity to act,
vehicle burning,
A.4, titled Damages that may only be included in the Coverage with the Additional Contract of the General Conditions of Motor Vehicle Insurance, including the risks of theft or attempted theft of the vehicle or vehicle parts. Except for the guarantees/situations listed in the article) (hereinafter referred to as "general conditions of motor insurance") will be deemed valid.
Since the damage repair assurance and vehicle theft assurance limit is within the limits specified in the general conditions of the motor insurance valid as of the damage event/date, provided that it does not exceed the market value of the vehicle on the date of the damage/incident; All possible damages and material and moral damages, loss of value, loss of earnings, etc. that may arise against the rented vehicle, other motor land transport vehicles, persons in the vehicle and other third parties that are outside the scope and/or limits of the mentioned general conditions. TENANT is responsible for damages.
Damage repair and vehicle theft coverage cannot be benefited from by declaration. However, if additional assurances are requested and obtained by the TENANT, the damages that may occur on the body of the vehicle due to damage in one-sided accidents can be covered by declaration, limited to a limit to be determined by the Lessor, provided that it is within the scope of the general conditions of automobile insurance published by the Association of Insurance, Reinsurance and Pension Companies of Turkey. The LESSER is authorized to determine whether the damage and/or damage is within the scope of Premium - Super or Mini Damage Assurances, and the TENANT accepts, declares and undertakes that it will not object to this determination. THE PARTIES agree on this matter. If the LESSER wishes, he is authorized to take out an insurance policy against his own risks arising from the said assurances, and the TENANT cannot request to benefit from these policies and coverage. The TENANT will be responsible for any possible damage that may occur against other motor land transport vehicles, the driver, the persons in the vehicle and third parties due to the accident/s involving the rented vehicle and other reasons, which are outside the scope and limits of the insurance policies it has paid for. The TENANT cannot claim to benefit from insurance policies and the coverage of these policies for which he has not paid in full, in full and in advance.
In addition, even if the TENANT has requested and paid the vehicle theft, damage repair, mini damage, maximum assurances and optional financial liability, personal accident and increased financial liability (excess) insurances, he/she agrees to cover the damage/damage liability and related compensation, damages and expenses in the event of damage to himself, the vehicle and/or its driver, the persons in the vehicle and/or other third parties and/or other vehicles under the following conditions, but not limited to those listed, without objection.
In cases where it is determined that the person was drunk and/or under the influence of drugs at the time of the accident,
Traffic accident report was not prepared, alcohol report was not taken
In case the traffic accident report, alcohol report, photocopies of licenses of the vehicles involved in the accident, traffic insurance policy photocopies, photocopies of driver's licenses, eyewitness report and the declaration and other documents requested by the LESSER are not fully and completely submitted to the LESSER within 3 days from the date of the accident/incident,
Traffic laws and/or 4.5. In cases where vehicles are used contrary to the matters listed in the article, in intentional accidents,
In case of accidents and/or damages that occur as a result of the use of the vehicle by people other than the TENANT and the driver(s) specified as additional drivers in the rental agreement,
In cases where damage and loss amounts are not paid for any reason, in accordance with the general conditions of the Insurance, Reinsurance and Pension Companies Association of Turkey, Mandatory Liability Assurance, Optional Financial Liability Assurance, Personal Accident Assurance, Increased Financial Liability Assurance and/or general conditions of insurance/casco policies, and/or in cases where insurance companies do not pay for any reason and/or are outside the assurance/insurance scope and limit. In order for the TENANT to benefit from the said guarantees and insurances, he must submit the documents specified in paragraph (c) to the LESSOR. Otherwise, it will not be able to benefit from these guarantees and insurances, and the LESSOR is also authorized to demand and collect the rental fees for the period until the date of presentation of these documents in full and complete.
6.3. TENANT and additional drivers are obliged to take the following precautions in case of an accident:
To inform the LESSOR immediately by calling the Customer Services/Road Assistance Line at 0850 304 94 30,
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,
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, information about the province where the driver's license number was issued, the title of the insurance company where the traffic insurance policy was issued and policy numbers, etc. receive information,
Not leaving the vehicle without taking adequate safety precautions,
To deliver the accident notification and relevant minutes and reports to the LESSOR within 72 hours from the date of the accident/incident,
In case of an accident that results in material, fatal and/or bodily harm, immediately report the situation to the nearest police or gendarmerie officers and/or relevant official authorities,
6.4. In case the TENANT does not pay the prices in full, in full and in advance by requesting the above-mentioned guarantees and insurances, the TENANT is responsible for all damages, losses, compensation, loss of value and loss of earnings against the rented vehicle, the driver, the persons in the vehicle, other motor land transport vehicles and third parties, arising and/or to arise due to accidents and other reasons involving the motor land transport vehicle subject to lease, and the TENANT is obliged to pay these prices. In addition, if the customer does not benefit from Premium - Super and Minor Damage Insurance, an exemption fee of 50,000 TL is applied to the vehicles per possible damage. There are exemption fees in cases where the TENANT is found to be at fault during the rental period of the vehicle rented by the TENANT (including one-sided accidents). The tenant is obliged to pay the costs of accidents and damages in the exemption amounts determined according to vehicle groups. The tenant is obliged to pay the exemption for any damage that may occur as a result of any accident he or she may make during the rental period. The exemption limitation is not valid if the TENANT is under the conditions specified in Article 4.7. IF THE TENANT has an accident under the conditions specified in Article 4.7, he/she is 100% responsible for all damage to the vehicle, loss of income and value. Additional insurance can be purchased to eliminate the exemption fee in case of one-sided accidents, the details of which are stated in article 6.3.
6.5. In case of an accident, the LESSOR will block a security deposit against the damage and compensation amounts (provided that it does not mean limiting the amount of damage and compensation to be given by the TENANT and without prejudice to the right to collect damage and compensation amounts exceeding this amount) from the TENANT's credit card without the need for any permission or notification. The LESSOR is authorized to collect the rental fee, damage, loss, compensation fee and all other receivables from the guarantee amount without the need for any permission, notice or judgment, and not limited to the contract period, and the TENANT agrees in advance that he will not object to this issue.
6.6. If the TENANT receives vehicle theft assurance, he is obliged to take the necessary measures to prevent theft in order to benefit from this assurance. In case of any theft, the TENANT must prove that he has taken the necessary precautions by returning the vehicle's license and keys and submit the necessary official report to the police authorities regarding the theft incident. In case the vehicle or any part of the vehicle is stolen while it is rented, all necessary reports will be provided by the TENANT and submitted to the LESSOR. If the reports are not given by the TENANT within 3 days at the latest from the date of the incident, or if they are not within the scope of the general conditions of the insurance, reinsurance and pension companies association of Turkey in force on the date of the incident (for example, but not limited to the ones listed, in cases such as leaving the keys on the vehicle and/or handing over the vehicle to parking/washing employees and/or abuse of security, etc.) or in cases such as plagiarism that insurance companies do not qualify as theft, the TENANT shall immediately pay the current purchase price of the vehicle or vehicle parts/equipment. It will be paid to the LESSOR. The LESSOR reserves the right to request rent from the TENANT for the period until this payment. In addition, the LESSOR reserves the right to claim damages incurred. If the TENANT does not pay the price in full, in full and in advance by requesting the vehicle theft insurance, in case the vehicle or any part/equipment of the vehicle is stolen while it is rented, the TENANT is obliged to immediately pay the current market price of the vehicle and the vehicle part/equipment on the date of the incident.
6.7. The TENANT is responsible for the items such as snow chains, navigation, baby seat, etc., which are received together with the vehicle delivery form and specified in the vehicle delivery form. Responsible for keeping additional products, documents, tools, equipment and accessories belonging to the vehicle. These products are not covered by damage repair and vehicle theft insurance, and in case of damage/damage, loss or theft, the current market price on the date of the event will be paid by the TENANT in cash, in full and immediately to the LESSOR.
6.8. The LESSER cannot be held responsible for the loss, damage, theft or theft of any belongings carried or left in the vehicle by the TENANT. For this reason, the TENANT cannot claim any rights or receivables from the LESSOR under any name.
6.9. The LESSER is not the manufacturer of the vehicle and cannot be held responsible in any way for any damages, losses or compensation that may occur due to manufacturing defects 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 a driver and/or additional drivers who do not comply with the age and/or driver's license year limit, or in violation of the law or general conditions, the above-mentioned guarantees and insurances are invalid, even if the fees are paid by the TENANT, and the TENANT cannot benefit from the insurance, assurance and legal rights. The TENANT is jointly and severally responsible with the driver for these damages and losses.
6.11. The LESSER is not responsible for any damages that may occur due to the vehicle being out of service.
RETURN OF RENTED CARS
7.1. 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. If the reservation or rental fee is paid in advance but the vehicle is not received on time, one day's rental fee will be deducted from the total rental amount collected from the customer and the remaining amounts will be refunded and the LESSOR will not be obliged to keep the vehicle that is not collected on time during the reservation/rental period for which the fee 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.
7.2. The TENANT will receive the vehicle, its spare wheel, all tires, vehicle documents, accessories, additional products and equipment and tools, and return and deliver it completely and undamaged to the LESSOR's return address specified in the vehicle delivery form, on the return day and time specified in the vehicle delivery form. If the delivery and return (return) locations are specified as codes in the delivery form, the delivery and return (return) locations corresponding to the codes are specified in Annex-1. 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 bring the vehicle back.
7.3. The TENANT must deliver the vehicle, vehicle documents, keys, accessories, tools, 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 fact that a vehicle return form/report is prepared during the return of the vehicle does not mean that the LESSER has given up this control and notification right. The TENANT will be responsible for any damage or loss that occurs on the vehicles other than normal use.
7.4. The TENANT shall apply to the LESSOR for all extensions and obtain the written approval of the LESSOR. It has been accepted by the parties that the TENANT unlawfully possessed the vehicle during the extensions made without written approval. If the TENANT does not comply with any article of the vehicle delivery form and these general conditions, especially if it does not deliver the vehicle to the LESSOR at the time specified in the vehicle delivery form, the TENANT authorizes the LESSER to immediately take back and seize the said vehicle 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 from 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.
7.5. In addition, if the vehicle is not delivered on the return date and time, the TENANT is obliged to pay 1 full day's fee for delays and the daily rental fee of that vehicle for each day in case of delays of 24 hours or more. In this case, the TENANT is also obliged to pay any damages that may occur, including those resulting from the disruption/disruption of the LESSOR's reservation plan. In addition, this cannot be interpreted as the rental period being extended or becoming indefinite.
RIGHT OF TERMINATION, TERMINATION OF THE CONTRACT AND PENALTY CLAUSE
8.1. These general conditions will enter into force from the date of signature and are valid for 1 year. At the end of 1 year, if either party does not notify in writing at least 15 days before the expiry date of the general conditions, the general conditions will automatically extend for one-year periods. If these general conditions are terminated by not renewing, if there is a vehicle rented to the tenant on the expiry date, the general conditions will automatically terminate on the return date of the vehicle in question, without the need for further notice.
8.2. If deemed necessary, the LESSOR has the right to terminate these general conditions without notice, unilaterally and without compensation, without giving any reason and without the need for any notice, warning or decision, during the rental period.
8.3. If the TENANT does not fully or partially comply with any or all of the obligations and commitments stated in the general conditions and vehicle delivery form, the LESSER has the right to terminate these general conditions without prejudice, unilaterally and without compensation, without the need for any notice, warning or provision.
8.4. If the TENANT abandons business, applies for concordat, initiates enforcement proceedings against him by any means, falls into payment difficulties, goes into liquidation or applies for bankruptcy, or applies to the court with a request for bankruptcy postponement, or fails to pay the rental fee or any of the LESSOR's receivables arising from these general conditions, vehicle delivery and return form on time, or the credit card becomes unusable due to reasons such as blocking, reducing the limit, cancellation, expiration of the credit card, or If the vehicle is found abandoned anywhere (at the discretion of the LESSOR) or if there is a suspicion of abuse of trust (at the discretion of the LESSOR), these general conditions will terminate automatically without the need for any notice, warning or decision.
8.5. From the date of termination of these general conditions, the TENANT is obliged to deliver the vehicle to the LESSOR at the delivery location specified in the rental agreement and/or vehicle delivery form within 3 hours at the latest. If the delivery is not made, the TENANT hereby irrevocably accepts that the LESSOR will seize and take delivery of the vehicle at its location without the need for any notification, warning or decision. TENANT accepts, declares and undertakes that it will not claim any rights from the LESSER due to the LESSER's exercise of its right of seizure, and that it waives all lawsuit, complaint and other rights.
8.6. The TENANT accepts, declares and undertakes that all obligations and responsibilities of the TENANT arising from the general conditions and vehicle delivery form will continue until the vehicle is delivered by the TENANT or seized and received by the LESSER, and the LESSER will be relieved of all obligations and responsibilities.
8.7. Regardless of whether the vehicle is delivered by the TENANT or seized and taken over by the LESSOR, the TENANT agrees and undertakes to pay the full rental fees until the end of the rental period, the delay fees specified in Article 7.5, together with the VAT to be incurred and the default interest that will be charged at twice the advance interest rate of the Central Bank of the Republic of Turkey. In addition, the LESSER may claim from the TENANT all kinds of damages and compensation for the profit that he will be deprived of.
TRANSFER, ASSIGNMENT, SUBTENANT, PROHIBITION OF JAIL
The TENANT cannot transfer or assign these general conditions to anyone else without the written consent of the LESSOR; He/she cannot in any way assign the vehicle rented/delivered to him/her for the use of anyone else, cannot use it as collateral, rent it, exercise the right of lien on it, or take any other similar action. The vehicle cannot be taken abroad without the written consent of the LESSOR. In case of written approval, all expenses and responsibilities for departure abroad will belong to the TENANT. The LESSER may transfer and/or assign the general conditions, vehicle delivery and return form and/or the rights, receivables and obligations arising therefrom to another person without the need to obtain the TENANT's permission.
EVIDENCE / CRIMINAL LIABILITY
TENANT accepts and undertakes that in case of any dispute, the LESSOR's books and records will be taken as basis, the LESSOR's books and records are final and conclusive evidence within the meaning of Article 193 of the Code of Civil Procedure, and that he will not object to the LESSOR's records in any way.
PRIVACY POLICY
THE PARTIES accept that all commercial and professional information of the other party, which they will become aware of in accordance with these general conditions and the vehicle delivery and return form, is confidential and undertake that this information will not be disclosed to third parties by the said parties or their employees during and after the contract. This confidentiality commitment remains valid even if these general conditions expire or are cancelled. The TENANT is obliged to pay any damages that may arise to the LESSER in case the TENANT violates the obligation of confidentiality. LESSOR's vehicle, brand, model, license plate, TENANT, user, additional driver, etc. Sharing such information with third parties and organizations from which it receives service cannot be considered as a violation of confidentiality. TENANT accepts this authority of the LESSOR in advance.
DISPUTE RESOLUTION
Turkish Law will apply in the interpretation of these general conditions and the vehicle delivery and return form and/or in all disputes that may arise between the parties. Istanbul Anatolian Courts and Enforcement Offices are authorized to resolve disputes. If the Turkish and foreign language versions of the general conditions, vehicle delivery and return form and the annexes that have been/will be executed in addition to these general conditions are prepared in the same document, the Turkish text will be taken as basis in the interpretation of these texts.
CHANGE
These general conditions, any changes or additions to the vehicle delivery and return form that are not made in writing with the mutual signature of the parties are not valid. If the TENANT does not sign the return form at the time of returning the vehicle, the information in the return form prepared by the LESSOR will be deemed valid. He/she accepts and declares that he/she may make changes or updates to the conditions at any time, unilaterally and without requiring the approval of the TENANT.
NOTIFICATION
The parties accept, declare and undertake that the addresses written in these general conditions are their legal notification addresses, and that notifications to these addresses will have all the legal consequences of legally valid notification unless the address change is notified to the other party in writing within 3 days.
STAMP DUTY
The stamp duty arising from the vehicle delivery and return form and general conditions will be paid by the RENDER.
NOT A WAIVER
The LESSOR's failure to exercise or delay in exercising any right or power granted in these general conditions, vehicle delivery and return form does not mean that he has waived that right or power, nor does the single or partial exercise of a right or power prevent the subsequent exercise of that or another right or power.
INTEGRITY OF THE CONTRACT
If any provision in these general conditions, vehicle delivery and return form is deemed invalid or ceases to be applicable for any reason, the other provisions of the contract will remain in force.
APPENDICES
Vehicle delivery and return forms, both signed together with these general conditions and executed after the signing of these general conditions, Annex-1, are an integral part of these general conditions and will be interpreted together.
All conditions of these general conditions, which consist of 18 articles and 1 annex, have been read and discussed and signed as (1) one original and (1) one copy on .............................. and the copy has been given to the TENANT.
VEHICLE
CLASS
AGE KM LIMITS
KM ASHIM
FEE
1-10 DAYS 11-29 DAYS MONTHLY
ECO CLASS
23 350 KM 3500 KM Varies Depending on the Contract
6,00 TL
MIDDLE CLASS
25 350 KM 3500 KM Varies Depending on the Contract
9,00 TL
TOP CLASS
25 350 KM 3500 KM Varies Depending on the Contract
9,00 TL
CLARIFICATION TEXT DATA CONTROLLER
Your personal data may be processed by SAW RENT A CAR BİLİŞİM DANIŞMANLIK VE TİCARET LİMİTED ŞİRKETİ and the Lessor (Companies), the party to these GENERAL CONDITIONS whose commercial title is specified at the beginning of the contract, as data controller, within the scope explained below, in accordance with the Personal Data Protection Law No. 6698 (Law).
PURPOSE OF PROCESSING YOUR PERSONAL DATA
Your collected personal data may be processed by companies for the following purposes, in accordance with the basic principles stipulated in the law and within the personal data processing conditions and purposes specified in Articles 5 and 6 of the Law:
Conducting company internal operations,
Carrying out processes and operations that touch the customer,
Conducting marketing operations,
Carrying out activities that have legal, technical and administrative consequences,
Conducting corporate communication operations.
Within the scope of the above purposes, the personal data of data owners who do not benefit from the products and services offered by the companies but may benefit from them in the future may be processed for the purpose of tracking contacts with customers, opening potential customer records, measuring dealer and employee performance and planning product and service sales processes.
Detailed information about the purposes of processing your personal data by SAW RENT A CAR BİLİŞİM DANIŞMANLIK VE TİCARET LİMİTED ŞİRKETİ is included in the personal data protection and processing policy of SAW RENT A CAR BİLİŞİM DANIŞMANLIK VE TİCARET LİMİTED ŞİRKETİ, which can be accessed at https://sawrentacar.com/kvkk-aydinlatma-metni.
PARTIES TO WHICH YOUR PERSONAL DATA IS TRANSFERRED AND PURPOSES OF TRANSFER
Your collected personal data may be transferred by companies to our business partners, suppliers, legally authorized public institutions and authorized private persons for the purposes listed under heading 2, in accordance with the basic principles stipulated in the law and within the personal data processing conditions specified in Articles 8 and 9 of the law.
MANAGEMENT AND LEGAL REASON FOR COLLECTION OF YOUR PERSONAL DATA
Your personal data is processed by companies within the scope of the purposes listed above and in physical media, such as contracts and printed forms; In the electronic environment, it will be collected through E-mail, telephone, SMS, social media, corporate websites, membership creation forms, tracking technologies such as cookies and pixels, marketing automation, E-mail sending platform, mobile applications, call centers, organizational events, complaint management systems, image and sound recording systems, hybris marketing, market research companies and reference methods. Your collected personal data may be processed and transferred for the purposes specified in this clarification text, within the scope of the legal personal data processing conditions, if it is necessary for the express consent specified in Article 5 of the law, the establishment and execution of the contract, the fulfillment of our legal obligations and the achievement of legitimate interests.
YOUR RIGHTS AS A PERSONAL DATA OWNER AS MENTIONED IN ARTICLE 11 OF THE LAW
We hereby inform you that, as a personal data owner, you have the following rights in accordance with Article 11 of the law:
Learning whether your personal data is being processed or not,
Requesting information about your personal data if it has been processed,
Learning the purpose of processing your personal data and whether they are used for their intended purpose,
Knowing the third parties to whom your personal data is transferred at home or abroad,
Requesting correction of your personal data in case of incomplete or incorrect processing and requesting that the transaction carried out in this context be notified to third parties to whom your personal data has been transferred,
Requesting the deletion or destruction of personal data in case the reasons requiring processing no longer exist, even though it has been processed in accordance with the Law and other relevant legal provisions, and requesting that the action taken in this context be notified to third parties to whom your personal data has been transferred,
To object if a result arises against you by analyzing the processed data exclusively through automatic systems,
Request compensation for the damage if you suffer damage due to unlawful processing of your personal data,
You can send your questions or applications regarding your rights listed above to SAW RENT A CAR BİLİŞİM DANIŞMANLIK VE TİCARET LİMİTED ŞİRKETİ by filling out the contact form which you can reach by calling 0850 304 94 30 or on the website https://sawrentacar.com/iletisim. You can forward it. Depending on the nature of your request, your applications will be finalized free of charge as soon as possible and within thirty days at the latest; However, if the process requires an additional cost, you will be charged according to the tariff determined by the personal data protection board.
