Car Rental Terms and Conditions
This Car Rental Terms and Conditions (in short, 'Agreement') is an annex and integral part of CAR DELIVERY FORM and CAR RENTAL CONTRACT (in short, 'Form') signed between parties. With this Agreement, ZİRAAT FİLO YÖNETİMİ VE MOBİLİTE ÇÖZÜMLER A.Ş. (in short, 'Company'), as an owner or operator of the vehicle indicated in the Form, shall rent out said vehicle to Renter, whose name and address provided in the Form, for the period between dates stated in the Form. Renter represents and undertakes to use the vehicle by fully observing the conditions (rental period, return time, return station, etc.) and pay the rent fee in full and timely. By signing this Agreement, Renter has undertaken all obligations relating to the rental vehicle. Renter agrees, represents and undertakes that he/she will not refrain from signing the Car Delivery Forms to be issued either during delivery or return of the vehicle, if he/she does not sign the Forms, he/she will be deemed to have unconditionally accepted contents of such Form, and if he/she has complaints against contents of Form, he/she will submit his/her objections and claims by having an expert report from an expert, at his/her sole expenses, not refraining from signing the Form.
If it is found out by Company that Renter involved in actions in violation of provisions of this Agreement and applicable law, Renter shall promptly return the car to the nearest branch at the first demand of the Company without requiring further notice and warning. Otherwise, Renter is obliged to indemnify Company against any kind of pecuniary or non-pecuniary damages incurred by Company. Company reserves the right to terminate this Agreement at any time without giving any reason.
1-) Address declared by Renter in this Agreement and its annexes is his/her legal notification address, and all notices to be delivered to this address shall be deemed to have been served and is valid in accordance with provisions of Notice Law unless changes to this address are notified to Company in writing.
2-) Upon signing this Agreement by Renter, the parties agree that Renter has taken delivery of said vehicle in good repair conditions and functional, and it is essential that the vehicle is delivered as indicated in Form, and any defect of car existing during the delivery will be indicated in the Form, otherwise any defect that may be detected during return of the vehicle to Company shall be deemed to have been caused by Renter. Renter agrees that there is no damage or accident traces, except for those indicated in the Form during the delivery of the vehicle.
3-) Renter shall return the car to the office where he/she rented the car, or such office of Renter as indicated in the Agreement, together with all documents, accessories, tools and spare tire, in the condition they have when they were initially picked up. If Renter requests additional services and equipment such as child seat, navigation device etc. during the rental period, Renter will pay the additional rental fee to be notified by Company in accordance with the provisions of this agreement. In addition, Renter will return child seat, navigation device, portable modem, etc. additional services and equipment that he/she will demand during rental period in the condition they have when he/she initially picked up them to the office where Renter rented the car or Company's office at another location specified in the contract. Renter undertakes to pay the expenses incurred in case of damage, deterioration or loss of the device and equipment in cash and in lump sum. The amount to be paid in cash and in lump sum for such extra products is the price charged for unused products for relevant brand/model.
4-) Any direct or indirect damages, losses and fines incurred by Company or third parties due to the damages, malfunctions that may occur in the car delivered to Renter in good repair conditions due to the user error and/or carelessness or negligence of Renter, as well as cleaning and repair of the car due to the dirtiness which cannot be cleaned via regular washing conditions, which cannot be claimed and paid out of the insurance under the traffic insurance rules, shall only be under responsibility of Renter.
5-) If mandatory periodic maintenance of the vehicle falls in the rental period, Renter is obliged to call the Call Center and have appointment for maintenance from authorized shop, and have maintenance performed free of charge. Renter undertakes to pay in cash and in lump sum the malfunction costs and value impairment, etc. that may occur if the periodical maintenance of the vehicle is not performed and/or Renter continues to drive the vehicle with the malfunction indicators light on.
6-) Renter must be minimum 21 years old and have 1-year license for Economy class vehicles, and 25 years old and have 2-year license for Medium Segment vehicles, and 28 years old and 5-year license for High-End vehicles, Persons who will drive the vehicle, other than Renter, can drive vehicle only if they meet aforementioned age and license requirements, they are notified as additional driver to Company in advance, and/or their ID details are indicated in the agreement, and they meet the same conditions with the Renter. Otherwise, any direct or indirect damages to be incurred by Company or third parties shall only be under responsibility of Renter.
7-) Turkish citizens are required to submit their driving licenses and national ID proofs. These persons will be subject to credit rating screening which will be based on the criteria determined by Company for them to be eligible for renting a vehicle, and those who fail the credit rating screening will not be eligible for renting a vehicle.
8-) At the beginning of the rent, a guarantee will be collected from Renter for the vehicle segments as Renter deems appropriate.
9-) Rental period is minimum 24 hours. Rental period shorter than this period shall be counted as one (1) day. Renter is obliged to pay in cash and lump sum in advance the rental fee to be calculated over the number of rental days as indicated in the applicable fee list. Other than rental fee;
a) No fees shall be charged for extensions up to two hours. For rents exceeding 26 hours, an additional daily rental fee for each late day shall be charged to customer. If Renter does not return the car on the return date as indicated in the Rental Contract, and hence the rental period is prolonged, Company reserves the right to change the daily rental fees to be applied.
b) Renter is obliged to pay one-way fee that may arise at the end of rental period.
c) Vehicle will be delivered to Renter, filled with the amount of fuel as indicated in the 'VEHICLE DELIVERY FORM'. Renter is responsible for the difference in fuel fee + 15% service fee, to be charged if the vehicle is returned with the fuel less than that indicated on the 'VEHICLE DELIVERY FORM".
d) Renter is responsible for all costs such as fuel, motorway tolls, any kind of parking and transportation costs, as well as any kind of extra cost and expense, and all costs that may arise after delivery of the vehicle to Renter as these are under responsibility of the Renter.
e) Vehicles are equipped with Fast Access System (HGS) device, therefore, Renter shall pay the actually charged toll fees + 20% service fee to the relevant office while returning the vehicle.
10-) Renter shall make the payment via credit card or voucher at the beginning of the rental period. If Renter fails to pay rental fees and other fees under the agreement as well as legal fees, Renter agrees, represents and undertakes that all such fees become due and payable immediately by the date of bill without requiring further notice and warning, and pay a monthly default interest of 5% (five percent) starting by the date of bill. A guarantee corresponding to the initial amount of the rent will be collected from the credit card at the beginning of rental period. Renter herein agrees that he/she shall not raise an objection to collection of the guarantee, rental fee, any kind of traffic, illegal access etc. fines and damages.
11-) Rental period indicated in the Agreement may only be extended with the approval of the Company and payment of the rental fee corresponding to new rental period. Extension of the rental period is not possible without approval of Company, even if rental fee has been paid. This is a rental agreement with a definite period, and the rental vehicle including any product and/or extra product will be returned to Company without further notice and warning unless otherwise agreed mutually between parties at the end of rental period.
12-) Renter shall use and drive the rental vehicle with outmost care in accordance with the Traffic Law and Instructions and observe the traffic rules. Renter is obliged to comply with the Public Roads Law, Regulation and all relevant legislation. Renter, as a driver, may not evade the responsibility by alleging that he is unaware of such obligations. Renter is responsible for any kind of legal or criminal costs that may arise from his/her conducts in violation of the legislation. The traffic fines imposed to the relevant car and remained unpaid by Renter after the delivery of the vehicle to the Renter shall be paid by Company within due legal period, for which Company will charge 20% of said fine as a service fee to the Renter, and will collect said payment and service fee from Renter, provided that such fine is notified by relevant authorities and/or Renter to the Company. Renter agrees, represents and undertakes herein to pay such fine paid by Company as well as service fee, penal clause, etc. all extra fees, under any name whatsoever promptly at the first written demand of Company without requiring legal action.
13-) It is prohibited to sub-lease the Rental vehicle and permit third parties to use and drive the vehicle, even if for free, under any manner and conditions, and further; it is prohibited to use the car;
a) by a person not indicated as extra driver
b) for pushing or towing any vehicles
c) for passenger or good transport for a fee
d) outside the borders of Republic of Turkey
e) for races, speed check, rally, endurance tests, motor sports as well as on roads closed to or not suitable for normal traffic
f) in the land conditions and unsuitable road conditions that are not suitable for technical and endurance capacity of the vehicle defined by its manufacturer.
g) for transporting substances that are prohibited by the customs legislation and other laws, or illegal activities
h) for any kind of illegal activity, terrorism, and crimes against state. If any of these are found out, all kinds of damages incurred by Company shall be paid by Renter immediately upon the first written notice. Company reserves its right to terminate the agreement.
ı) It is strictly prohibited to drive the vehicle outside the public roads, and drive it such that it cannot receive rescue service.
14-) All statutory insurances of the rental vehicle is taken out by Company. Renter agrees and undertakes to assume the damage responsibility and pay all related costs without objection if the vehicle incurs damages under the following conditions:
a) Renter is under the influence of alcohol and/or drugs and/or sleep-delaying drugs at the time of the accident
b) In cases where the legal speed limits are exceeded (e.g. accident report indicates that the accident occurred due to speeding) and the vehicle is used in any way contrary to traffic laws,
c) In cases where the traffic accident report (consensual report, police or gendarmerie report) is not received
d) If Renter loses his/her license to drive for any reason after the conclusion of this agreement (such as seizure of license, any illness preventing him to drive, etc.), in which case he/she will immediately notify Company of the situation and return the vehicle. If Renter does not return the vehicle despite he is not authorized to do so,
e) In the cases where damage and/or accidents occurred when car is driven by persons other than the Renter and those specified as extra drivers in the rental contract
f) In the cases where the damage amount is not paid and/or the insurance company does not pay said amount for any reason, pursuant to the amendments to the general conditions of the motor insurance policy to be made by the Undersecretariat of Treasury and/or the Association of Insurance and Reinsurance Companies of Turkey
g) In the cases of thefts, general rules of own-damage insurance applies, and Renter herein accepts to pay the vehicle price and other damages in the cases which cannot be included in the coverage of the own-damage insurance and therefore not paid by insurance companies as they are not considered by insurance companies as theft.
h) Company may demand Renter to pay rental fee as well as any direct or indirect damages that are incurred by Company as a result of the fines imposed to the Renter due to Renter being under influence of the alcohol, drug, escaping the accident scene, or violation of any general traffic rules in any accident involving the rental vehicle.
15-) Renter and defined extra drivers are obliged to take following actions in order to protect the interests of Company and insurance company in case of any accident or damage during the rental period:
a) To take maximum security measures as can be expected of him/her for himself/herself, vehicle and third parties.
b) To take all traffic accident reports, including not limited to minute, police and/or gendarmerie report, and submit them to Company.
c) To obtain copies of driving license, vehicle license and traffic policies of other party/parties
d) To take pictures of accident scene
e) To report accidents resulting in property damage, death and bodily injury to the nearest police or gendarmerie
f) To deliver all documents relating to the accident to Company within twenty-four hours after the occurrence of the accident
g) Further, to obtain all necessary reports and documents from public authorities regarding the damages that may occur to the vehicle(s) due to the natural disasters such as earthquake, flood, hail, landslide, lightning, etc. or terrorism and vandalism etc. situations and deliver them to Company within 48 hours at the latest.
16-) Renter is obliged to park vehicle closed and locked so as to maintain security of the vehicle. Renter is obliged to return vehicle license and key, and prove that he has taken all necessary measures and reported the incident to related law enforcement offices, in order to benefit from theft coverage if the vehicle is stolen. Otherwise, Renter will be obliged to pay the current purchasing price of the vehicle and other damages in the cases which are not covered by the own-damage insurance, and not paid by insurance company. In the cases of damages due to the lost license plate and the lost key, Renter is obliged to pay the fees required for re-issuance of the two license plates, and the price of the key as charged by the manufacturer, plus service fees, respectively.
17-) All costs of damages inflicted upon, including medical treatment, the 3rd parties, and passengers in the vehicle are limited to the statutory traffic insurance of the vehicle, and all responsibilities and obligations not covered by the traffic insurance shall be borne by Renter, and all damages and losses that may be directed to the Company as the Owner/Operator, shall be paid by Renter at the first written demand of Company without requiring further legal action.
18-) Under no circumstances may Company held liable for any lost, stolen or damaged properties carried or left unattended by Renter in the vehicle. Renter waives the right to legal action, claim, complaint, accusation, damages against Company that may occur as a result of such loss and/or damages.
19-) As the Company is not the manufacturer of the vehicle, Company may not be held liable for any pecuniary and non-pecuniary damage or loss that may occur due to the mechanical or manufacturing defects of the vehicle or its spare parts. Parties mutually agree that the responsibility of Company is limited to the delivery of the vehicle in a manner suitable for driving, and performance of the necessary maintenance regularly.
20-) Renter agrees and undertakes that Company has authority to immediately take back the vehicle wherever it is located then-currently and without requiring further notice or legal action, if Renter fails to observe any provision of this agreement, especially fails to return the card on the agreed return date. Renter is obliged to pay any damages and expenses that may arise while Vehicle is being taken back by Company immediately upon the request for this purpose. Company is not responsible for any lost or damaged items or materials found in the vehicle while the vehicle is taken back.
21-) Renter agrees and represents that he is aware of that failure to return the car after the end of rental period constitutes an offence pursuant to the provisions of penal code, and he/she may not benefit from any insurance, coverage and legal rights in terms of damage and responsibility if he/she drives the vehicle beyond rental period and/or in violation of laws, and/or vehicle is driven by persons not defined in the contract.
22-) Stamp tax and any costs arising from this agreement shall be borne by Renter.
23-) This agreement is executed in Turkish and English. In case of conflict or difference between Turkish and English texts, Turkish text will prevail over English text.
24-) Parties herein agree and undertake that any kind of records kept by Company, including ledgers, books, documents, statements, and phone, video, voice and computer records shall be conclusive and exclusive evidence in the cases of any dispute that may arise in connection with the application of this agreement. In parallel to this, Renter also agrees and undertakes that he/she has waived the right to claim, complaint, against the aforementioned matter, propose sworn statement in that records of Company are kept duly. This Article constitute agreement of evidence.
25-) A vehicle tracking system is installed to the rental vehicles in order to allow Company to stop and take back the vehicle in his possession, when necessary. Renter agrees, represents and undertakes that he/she is aware of that rental vehicle has vehicle tracking system, vehicle is being tracked, and the vehicle can be located and stopped by Company using this system, if found necessary by Company, during rental period, or if Renter fails to return the vehicle on the return date specified in this Agreement, and he/she shall not claim any compensation and/or damage, loss under any name whatsoever from Company by asserting that vehicle is stopped in this way. Company agrees, represents and undertakes that he will not misuse his authority to track and stop the vehicle. In the cases where said Vehicle Tracking System is damaged due to the reasons attributable to Renter, removed or attempted to be removed or tampered by Renter in any way whatsoever, Renter shall immediately pay all damages including device price, and costs of replacement, incurred by Company. Renter agrees herein that any intervention to the Vehicle Tracking System shall mean termination of this Agreement.
26-) Renter irrevocably agrees that any fees and costs arising from this terms and conditions, vehicle delivery and return form, including but not limited those aforementioned shall be collected from the credit card of the Renter, without limitation of rental period, without requiring any permission, action and notice. This Article shall remain in full force and effect, survive the termination of this Agreement for any reason whatsoever.
27-) If both parties are legal person (otherwise, this article shall not apply) Parties herein agree and represent that, as they have the capacity of Data Controller pursuant to Personal Data Protection Law No 6698, promulgated in Official Journal of 07.4.2016, they will exercise the maximum care in processing and protecting any personal data of the all persons related to the Parties, including persons who benefit from the products and services, in accordance with the Personal Data Protection Law No 6698, and obtain customers' consents for processing of their personal data, immediately answer to any requests of information on how and for what purpose the personal data are stored and protected in accordance with the law, and continue to store all personal data of the customers in line with the due procedures, and take all technical and organizational security measures legally required in order to maintain the security of the personal data stored and processed by them. Parties agree, represent and undertake that all activities relating to the processing of the personal data they obtained from each other and/or collected for which they are jointly responsible, will always comply with the applicable legislation. Definition of processing any kind of operations that can be performed using the personal data, including collection, recording, storage, analysis, reporting, aggregation, filing, erasure and destruction of the personal data. Parties are responsible for their personnel to act in accordance with the legislation with respect to the personal data which are under their joint responsibility. Parties are jointly responsible for any kind of damages that may be incurred by third parties due to the violation of the foregoing obligations, however, they reserve the right to allocate them between themselves in proportion to fault of each party.
28-) Company shall process, and store the personal data he collected via this Agreement in accordance with the legislation, for legitimate purposes such as execution of this Contract, issuance of bills, handling sales, rental, and other agreement processes, as well as accounting and finance processes, pursuant
to provisions of Personal Data Protection Law No 6698, and destroys and/or made publicly available by observing the legitimate purposes in line with the policy of the company as well as legislation. Any information exchange by Company with his 3rd natural and legal person service providers, including but not limited to vehicle, brand, make, plate, Renter, user, extra driver, credit card, etc. in accordance with the agreement and laws shall not be considered as the infringement of non-disclosure obligation. Renter or person who signed the return/delivery form herein accepts this authority of Company. For detailed information about the measures taken by our company for protection of the personal data, including methods and purposes, you can read the company policy published on our website at ziraatfilo.com.tr. This Agreement is executed in Turkish and English. I accept that I have examined and read the front and back page of the Agreement.