MOTOR VEHICLE RENTAL AGREEMENT
1- PARTIES: On one side, with its central address at Ataköy 7-8-9-10. Kısım Mah. Çobançeşme
E-5 Yan Yol Cad. No: 14/1/1 Bakırköy/Istanbul, INNOVATIONS TRAVEL TOURISM INDUSTRY TRADE LIMITED COMPANY (referred to as EUROPARK within this agreement), and on the other side, the natural or legal person signing this agreement (referred to as LESSEE within this agreement) have signed this General Car Rental Agreement.
2- DEFINITIONS:
LESSOR (EUROPARK): INNOVATIONS TRAVEL TOURISM INDUSTRY TRADE LIMITED COMPANY,
LESSEE: The natural or legal person who has signed this general car rental agreement and its annexes,
USER/DRIVER: The person(s) specified as the driver(s) in the vehicle delivery form who will be using the vehicle,
VEHICLE: The motorized land vehicle rented to the LESSEE for use on highways, with its license plate and other specifications specified in the vehicle delivery and return form during the rental period,
GENERAL CONDITIONS: The general conditions of this Motorized Land Vehicle Rental Agreement,
RENTAL AGREEMENT: The inseparable annex of this agreement where the group, brand, license plate, other specifications, rental period, rental fee, additional products, insurance packages, and other matters related to the leased vehicle are regulated,
VEHICLE DELIVERY FORM: The inseparable annex of this rental agreement regulating the delivery of the leased vehicle to the LESSEE, its condition at the time of delivery, and details such as mileage, fuel, license plate, and others,
DAILY RENTAL FEE: The rental amount payable by the LESSEE for a maximum of a 24-hour rental period, excluding all other fees and expenses,
MONTHLY RENTAL FEE: The rental amount payable by the LESSEE for a maximum of a 30-day rental period, excluding all other fees and expenses.
3- SUBJECT: The subject of these General Conditions is to determine the terms and conditions of the lease agreement for the leased vehicle to the LESSEE, the rental conditions of the vehicle, and the shape and conditions of payment of the rental and other fees determined in return. It also defines the mutual rights and obligations of the parties.
This Car Rental Agreement General Terms and Conditions, along with any rental agreement(s) concluded together or after the signing of these general conditions, vehicle delivery form(s), are an integral part of these general conditions. In case of disputes between the parties, the provisions of both agreements will be interpreted together.
By signing the rental agreement, the LESSEE acknowledges, accepts, and undertakes all obligations specified in the General Conditions and the delivery form. The LESSEE also agrees that all notifications made to the address specified in the agreement will be considered valid, and there will be no objection to the notification.
4- USE OF THE VEHICLE:
4.1 The vehicle, as per the rental agreement, is leased to the LESSEE for the rental period. The LESSEE agrees to use the vehicle in accordance with the terms specified in the rental agreement, vehicle delivery form, and these general conditions, to pay the rental fee, and all other fees/costs specified in the rental agreement, vehicle delivery form, and these general conditions, and accepts, declares, and undertakes all provisions specified in the rental agreement, vehicle delivery form, and these general conditions.
4.2 The vehicle, along with all its tires, documents, accessories, equipment, and tools, has been delivered to the LESSEE in perfect and complete condition, with periodic maintenance completed, as specified in the vehicle delivery form, by EUROPARK. The LESSEE acknowledges receiving the vehicle in good condition and without any signs of accidents or damage, except those specified in the vehicle delivery form.
4.3 The LESSEE agrees to comply with the instructions in the vehicle user manual prepared by the vehicle manufacturer, exercise necessary care and diligence in using the vehicle, and ensure the proper condition of the vehicle.
4.4 The LESSEE agrees to use the vehicle in compliance with the traffic laws and all relevant legal provisions. Additionally, the LESSEE acknowledges that they are not allowed to use the vehicle in the following situations, among others, and will be responsible for any fines and expenses that may arise otherwise:
a) Transporting illegal substances in violation of customs regulations and other laws,
b) Towing or pushing another vehicle or trailer,
c) Engaging in illegal activities,
d) Transporting animals,
e) Transporting passengers or goods for commercial purposes,
f) Overloading the vehicle beyond its capacity in a way that may cause damage to the vehicle,
g) Participating in races, speed tests, rally trials, motor sports,
h) Using the vehicle in conditions and purposes not suitable for the intended purpose, taking into account the make and model of the vehicle, and in road conditions that are unusual and not suitable for traffic, in short, under extraordinary and unsuitable road conditions,
i) Transporting on land, sea, river, and air, excluding licensed ships and trains that the vehicle can enter and exit with its own power,
l) Causing damage through contact with flammable substances like cigarettes and similar.
4.5 The vehicle will be operated by the driver(s) or additional driver(s) who have valid driving licenses and meet the age limit specified in the rental agreement and vehicle delivery form according to the valid period indicated for the vehicle's group in the rental agreement and vehicle delivery form. The LESSEE is responsible for ensuring that the additional driver(s) specified in the rental agreement and vehicle delivery form fully comply with the rental agreement, vehicle delivery form, and general conditions. Additionally, the LESSEE, the driver, and additional driver(s) are jointly responsible for any damages and losses that may occur due to the use of the vehicle.
4.6 Without the approval of EUROPARK, the LESSEE cannot allow a third party to use the vehicle. In the event that the LESSEE wishes to allow a third party to use the vehicle, and EUROPARK accepts it, the LESSEE is obliged to record the information regarding the identity, address, and driving license of the third party in the contract and ensure that the person authorized to use the rented vehicle fully complies with all the terms of the contract.
4.7 The LESSEE agrees not to make any changes to the vehicle without the written permission of EUROPARK. Otherwise, the LESSEE is responsible for the restoration costs and damages incurred by the vehicle.
4.8 The LESSEE will return the rented vehicle, along with all documents, accessories, tools, and spare tire, in the same condition as received, to the branch where the vehicle was rented or another location specified in the contract on the return day and time specified in the rental agreement and/or vehicle delivery form. If the LESSEE delivers the vehicle to an address other than the designated addresses without the written approval of EUROPARK, the LESSEE will pay the one-way fee determined by EUROPARK.
4.9 The LESSEE will return the vehicle to the address notified by EUROPARK on the day the rental agreement ends. The LESSEE will apply to EUROPARK for an extension and obtain its approval. In the absence of approval, the LESSEE is deemed to unlawfully retain the vehicle, and the relevant parties accept this.
4.10 In cases such as changing the rental period, vehicle group, or pick-up and drop-off addresses, the rental fee and other fees will be recalculated by EUROPARK based on the prices applicable on the day the change request is made.
4.11 All fuel, parking, tolls (HGS/OGS), highway, bridge, etc., tolls, and traffic fines, along with their interests and surcharges, are the responsibility of the LESSEE and must be paid by the LESSEE. Even if the rental period ends, the LESSEE is responsible for all fees and fines incurred during the rental period. If the traffic fine receipt only mentions the license plate without a name or signature, the LESSEE agrees to pay the existing fine. EUROPARK will pay the tolls for OGS, HGS, highway, bridge, etc., and traffic fines, and their interests and surcharges will be added to the amount paid, if any, and collected from the LESSEE. Even if the rental period and these general conditions end, the LESSEE is responsible for these amounts. The LESSEE cannot request EUROPARK to object to OGS, HGS, highway, bridge, etc., tolls, and traffic fines, and cannot avoid paying the fine amount due to EUROPARK's non-objection. Additionally, EUROPARK is authorized to collect parking, OGS, HGS, highway, bridge, etc., tolls, traffic fines, and their interests and surcharges from the LESSEE's credit card and/or security deposit without waiting for the end of the rental period, without requiring any permission, judgment, or notification. EUROPARK's authority is not limited to the contract period, and this Article 4.11 will remain in effect indefinitely even if this agreement is terminated or ends for any reason.
4.12 For each vehicle used by the LESSEE, there is a daily or monthly mileage limit specified in the rental agreement. The LESSEE is obliged to use the vehicle in accordance with the mileage limit specified in the rental agreement and/or vehicle delivery form based on the vehicle, vehicle group, and rental period. In case of exceeding the mileage limit, the LESSEE agrees to pay the mileage excess fee specified in the rental agreement and its annexes.
Unused kilometers within a month do not carry over to the next month. If the rental period ends before the specified time, the LESSEE is deemed to have accepted the full rental fee for the entire rental period, and the LESSEE agrees to pay this in advance. The evaluation in this article is based on 1 month being 30 days. For the time between reaching the limit and returning the vehicle to EUROPARK, the excess mileage fee per kilometer will be applied according to the vehicle segment, for every kilometer that exceeds the limit specified in the rental agreement.
4.13 The LESSEE acknowledges that there are systems, including but not limited to a vehicle tracking system, enabling geographical location identification in the vehicle/vehicles rented under these general conditions. The LESSEE accepts that these records may be provided to official or unofficial third parties/institutions when necessary, for security reasons, or for legal/judicial/administrative processes or investigations.
5- PAYMENT OBLIGATIONS:
The LESSEE acknowledges that EUROPARK is authorized to collect due amounts, without the need for permission, judgment, or notification, from the LESSEE's credit card for any outstanding receivables, irrespective of the items listed below and without limitation to the contract period. The LESSEE accepts the application of additional rental day amounts, fuel shortages, damages, traffic fines, and other rental-related charges through the temporary blocking process on the LESSEE's credit card, and the LESSEE will not object to the collection. The LESSEE agrees in advance that they will not object to the collection of additional rental day amounts, fuel shortages, damages, traffic fines, and other rental-related charges through the temporary blocking process on the LESSEE's credit card, and the LESSEE will not object to the application of a 25% service fee for processing damages, traffic fines, and other related transactions. Toll fees for highways, bridges, etc., will be paid based on the amounts loaded by the LESSOR onto HGS tags on the vehicles. The LESSEE accepts the reflection of toll fees, traffic fines, and a 25% service fee to the LESSEE. The LESSEE also acknowledges that EUROPARK may deduct parking, OGS, HGS, toll fees, traffic fines, and related service fees, including interest and surcharges, from the LESSEE's credit card and/or deposit without waiting for the end of the lease period, without any need for permission, judgment, or notification. EUROPARK's authority to do so is not limited to the contract period, and Section 4.12 of this agreement will remain in effect indefinitely, regardless of the termination or cancellation of this agreement for any reason.
5.1 The LESSEE is obligated to pay the following amounts:
a) The rental fee calculated based on the number of rental days,
b) Additional fees for requested services such as child seats, navigation devices, winter tires, snow chains, baby seats, internet, etc.,
c) Additional driver fee requested by the LESSEE,
d) Fees for extra insurance packages requested by the LESSEE,
e) Toll fees for highway, OGS, HGS, bridge crossings, traffic fines,
f) Excess mileage fees,
g) One-way fee and legally applied taxes,
h) Damage and compensation fees for any damage occurring at the end of the rental period, and service fees,
ı) The LESSEE is responsible for paying for damages and losses beyond the mandatory traffic insurance coverage provided to third parties.
i) As security for damages and other rights arising from this agreement, the LESSEE will pay a security deposit amount determined by EUROPARK based on the vehicle group, before the delivery of the vehicle, either in advance or by credit card, according to EUROPARK's preference. This security deposit amount will be refunded to the LESSEE's credit card within the specified period in the rental agreement after the vehicle is returned in full and without any problems, and if the LESSEE has no outstanding debts. EUROPARK is not responsible for delays caused by banks in the refund of the deposit. In case the vehicles are not delivered in full and without problems on time, or if the LESSEE has outstanding rental and/or other debts, the security deposit will be offset against these receivables without the need for notice, judgment, or the LESSEE's permission, and any damages and receivables exceeding the security deposit amount will be collected separately from the LESSEE. EUROPARK is authorized to collect damages and receivables exceeding the security deposit amount from the LESSEE's credit card without the need for notice, judgment, or notification, irrespective of the termination or cancellation of this agreement for any reason.
j) If the LESSEE returns the vehicle with a fuel level lower than the level at which it was received, the LESSEE is obligated to pay the cost of the missing fuel and additionally the service fee specified in the rental, provided in the rental agreement.
k) In case of theft of the rented vehicle, the LESSEE is obligated to bring the vehicle's key and the report obtained from law enforcement. If either is missing, the LESSEE is obligated to pay for the vehicle based on the current purchase cost.
6- LESSEE'S RESPONSIBILITIES:
6.1 The LESSEE acknowledges that they received the vehicle in good mechanical and body condition, without any damage or accident traces (other than those specified in the rental agreement and vehicle delivery form). The LESSEE accepts responsibility for all damages, losses, penalties, including but not limited to mechanical, electrical, and other claims from third parties that cannot be claimed and collected from insurance companies under traffic insurance rules, caused by user error, and/or negligence due to failure to perform the periodic maintenance of the rented vehicle on time, etc. The LESSEE agrees to pay these damages, losses, penalties, and other related costs immediately upon the first request.
Examples include (but are not limited to) damage resulting from putting incorrect or unauthorized fuel, transmission failure due to faulty gear changes, continuing to drive the vehicle when a warning light is on, damage due to hitting the bottom of the vehicle, transmission failure due to faulty gear changes, using the vehicle without oil or water, tire, wheel, and glass breakage, and similar situations.
6.2 EUROPARK will primarily perform all periodic maintenance, oil changes, and similar procedures prescribed by the vehicle manufacturer at its own service centers for the vehicle allocated for LESSEE use. If this is not possible, the procedures will be carried out at authorized service centers notified by EUROPARK in writing, with the costs invoiced to EUROPARK.
6.3 Even if the LESSEE has purchased insurance packages, they agree to cover, without objection, the responsibility for damages, losses, and expenses, including those related to the driver, passengers in the vehicle, third parties, and other vehicles, in the following conditions:
a) In cases where the LESSEE is found to be under the influence of alcohol and/or drugs during an accident,
b) If all necessary documents, including the traffic accident report, alcohol report, photocopies of licenses for involved vehicles, photocopies of traffic insurance policies, photocopies of driver's licenses, and photos of the accident scene (showing license plates) requested by EUROPARK are not submitted in full and without omissions within 3 (three) days from the accident date,
c) In the event of an accident or damage resulting from someone other than the LESSEE and the driver(s) designated as an additional driver in the rental agreement using the vehicle,
d) Damage to tires or rims unrelated to an accident,
e) Theft of wheel cover and spare tire,
f) Damage to license, plate, fire extinguisher, and equipment,
g) Loss or damage to the vehicle key or user-induced damage to the vehicle key,
h) Any damage not covered by the mandatory traffic insurance for third parties,
ı) In case of non-compliance with traffic laws and/or the conditions specified in Article 4.4, and in intentional accidents,
k) In cases where the Compulsory Financial Liability Insurance does not cover damage and loss amounts for any reason, and/or in cases outside the coverage and limit of the insurance.
To benefit from the mentioned insurance and guarantees, the LESSEE must submit the documents specified in (b) to EUROPARK in full. Otherwise, the LESSEE cannot benefit from these insurance and guarantees, and EUROPARK is authorized to separately request and collect the rental amounts that will accrue for the period until the date of the full and complete documents.
6.4 In the event of an accident, EUROPARK will charge the LESSEE's credit card or block an indemnity amount (without limiting EUROPARK's right to collect damages and indemnities that exceed the amount declared by the LESSEE) without the need for notice and notification. EUROPARK is authorized to collect the rental fee, damage, loss, compensation, and all other receivables by offsetting them against the guarantee amount without the need for notice, notification, or judgment, and the LESSEE agrees in advance that they will not object to this.
6.5 If the LESSEE opts for theft insurance, they are obliged to take necessary precautions to prevent theft. The LESSEE must prove that they returned the vehicle's license and keys and took necessary measures in case of theft by making the required official report to law enforcement. In the event of theft or any part of the vehicle being stolen while it is rented, the LESSEE must provide all necessary reports to EUROPARK. If the reports are not submitted by the LESSEE within 3 (three) days from the incident date or if the incidents are not covered by the general conditions of insurance valid at the time of the incident (including but not limited to leaving the key on the vehicle or delivering the vehicle to parking/car wash employees, misuse of security, etc.), or if the insurance companies do not consider situations such as theft, KİRACI will immediately pay the current market value of the vehicle or part/equipment to EUROPARK. EUROPARK reserves the right to request the rental fee for the period during which the vehicle is not available until this payment is made. EUROPARK also reserves the right to claim damages incurred. If the LESSEE does not pay the premium for theft insurance in full and in advance, in the event of the theft of the vehicle or any part/equipment while it is rented, the LESSEE is obliged to pay the market value of the vehicle and part/equipment at the time of theft immediately.
6.6 The LESSEE is responsible for paying for all damages, losses, compensation, and other expenses not covered by mandatory third-party traffic insurance.
6.7 In the case of material, fatal, and injury accidents, the accident must be reported immediately to the nearest law enforcement authorities.
6.8 After the vehicle is delivered to the LESSEE, if the vehicle is used illegally or involved in any crime by the LESSEE and/or any third party, or if any precaution is imposed on the vehicle registration by official authorities due to any reason for which the LESSEE is responsible, or if the vehicle is handed over to the custodian and/or EUROPARK, these conditions will automatically terminate without the need for any notice, warning, or judgment. In this case, the LESSEE agrees to immediately, without any objection, pay in cash and at once the highest daily rental fee for that vehicle, along with all direct and/or indirect damages that will be incurred due to reasons such as towing, transportation, parking, delivery, fines, taxes, fees, and any others, even if the contract is terminated. Additionally, in the event of the vehicle being seized/confiscated by official authorities, the LESSEE is obliged to immediately pay EUROPARK the market value of the vehicle as of the date of seizure/confiscation. The LESSEE is responsible for all costs, such as providing guarantees, bank guarantee letters, or cash blocking fees, and any other expenses that need to be provided to official authorities for the removal of measures if the vehicle cannot be sold due to measures imposed by official authorities.
6.9 In cases where the vehicle is banned from traffic or becomes inoperable due to actions of the LESSEE, or any other reason, the LESSEE will be responsible for all potential loss of earnings for unused days, all parking expenses if the vehicle is towed to the parking lot, legal and administrative fines, all damages arising from the ban on traffic, and any other expenses. EUROPARK will handle the necessary procedures for the retrieval of the vehicle from the parking lot, and the LESSEE will bear the related costs. EUROPARK will invoice these amounts to the LESSEE as a service fee along with the rental fee, and the LESSEE accepts, declares, and undertakes to cover all damages that have arisen or will arise related to the rental period.
6.10 The LESSEE is not allowed to take the vehicles outside the borders of Turkey. Otherwise, all damages that have arisen or will arise will be covered by the LESSEE. If the vehicle is taken abroad without the approval of EUROPARK and is not returned when requested, the LESSEE is obliged to pay the cost of the vehicle according to the current purchase prices of the vehicle.
6.11 If the LESSEE transports goods or passengers, EUROPARK cannot be held responsible for any damage to the transported goods or passengers. Responsibility lies solely with the LESSEE and/or the driver. In case the LESSEE carries out this transport illegally, any administrative and judicial fines addressed to EUROPARK will be invoiced to the LESSEE. The LESSEE will also cover all damages incurred and to be incurred by EUROPARK.
6.12 The choice of fuel brand used in the vehicles is at the discretion of the LESSEE, but the costs of damages caused by the use of incorrect or unauthorized fuel will be covered by the LESSEE. Regarding the compensation for damages caused by fuel-related issues, the LESSEE will be responsible and liable to the petrol companies. Even though the LESSEE has the right to choose the fuel brand used in the vehicles covered by the contract, the LESSEE will be invoiced for the costs of repairing damages caused by not using the fuel of the quality specified in the vehicle manuals.
6.13 All obligations and liabilities related to the legal status of "Operator" and "Vehicle Operator Liability" defined in the laws are the responsibility of the LESSEE. The LESSEE and/or drivers are responsible for all material and moral damages that the vehicles may cause to third parties, motor vehicles, and the environment. Therefore, the LESSEE will indemnify EUROPARK for all damages that EUROPARK may be required to pay. Even if the Lease Agreement and General Conditions have ended, the LESSEE's liability for damages that occur during the lease period will continue.
7- DAMAGE MANAGEMENT SYSTEM AND INSURANCE PACKAGES:
7.1 Any material damage, medical expenses, and all kinds of damages, liabilities, and obligations arising from events other than those covered by the Compulsory Financial Liability Insurance, which is arranged by EUROPARK for the rented vehicle and includes coverage and limits, are the responsibility of the LESSEE. This includes damages to third parties, passengers in the vehicle, material and moral damages, depreciation, and loss of earnings.
7.2 In the event of an accident, the LESSEE and additional drivers are obligated to take the following measures:
a) Inform EUROPARK by calling the 444 9 509 hotline,
b) Ensure that a police or gendarmerie report is prepared by applying to the nearest police or gendarmerie station without moving the vehicle, in cases of accidents, damages, theft, and loss, along with obtaining an alcohol report. In cases where an alcohol report cannot be obtained, obtain an alcohol report from relevant health institutions within a maximum of 2 (two) hours from the time of the accident,
c) Take photographs of the vehicle at the accident scene, with a minimum of 10 photos,
d) Obtain the names and addresses of relevant individuals and witnesses,
e) Do not accept fault liability that is not present,
f) In bilateral accidents, obtain photocopies of the driver's licenses, licenses, and traffic insurance policies of the parties involved, and if the driver has a foreign license, obtain a copy of the passport image and a copy of the page indicating the date of the last entry into the country,
g) Do not abandon the vehicle without taking adequate security measures,
h) Report the accident and submit relevant reports and records to EUROPARK within 48 hours from the date of the accident,
i) Immediately report to the nearest police or gendarmerie officers or relevant authorities in the event of an accident resulting in material, fatal, and/or bodily harm.
7.3 In the case of bilateral accidents, a traffic accident determination report must be prepared by traffic police.
a) If the driver is driving a motor vehicle without a driver's license,
b) If the driver is underage,
c) If the driver is suspected of alcohol or mental health,
d) If one of the involved vehicles belongs to public institutions,
e) In case of damage to public property,
f) If only third-party-owned items are damaged in the traffic accident,
g) If one of the involved vehicles does not have traffic insurance,
h) If the traffic accident results in death and/or bodily harm.
7.4 In case of theft, a theft detection report must be obtained from the nearest police or gendarmerie station, and the vehicle, along with the key and registration, must be delivered to EUROPARK.
7.5 In case of damage due to flooding, hail, and natural disasters, it is necessary to obtain relevant reports prepared by the traffic police or gendarmerie and weather reports from the Meteorology Directorate on the date of the accident. The LESSEE is responsible for damages caused by user-related factors such as leaving the vehicle in a puddle, starting the vehicle in the water, etc.
7.6 The LESSEE is responsible for the preservation of snow chains, navigation devices, baby seats, and similar additional products, as well as documents, tools, equipment, and accessories related to the vehicle, received along with the lease agreement and/or vehicle delivery form. These products are not covered by the damage repair and vehicle theft guarantee. In case of damage, loss, or theft of these products, the LESSEE is required to pay the market value at the time of the incident to EUROPARK in cash and immediately.
7.7 EUROPARK cannot be held responsible for the loss, damage, theft, or wear and tear of any items carried or left in the vehicle by the LESSEE. Therefore, the LESSEE cannot make any claims against EUROPARK under any title.
7.8 EUROPARK is not the manufacturer of the vehicle or spare parts and cannot be held responsible for damages, losses, and compensations that may occur due to manufacturing defects.
7.9 EUROPARK is not responsible for any damages that may occur to the LESSEE due to the vehicle being out of service.
7.10 Insurance packages become invalid if used in violation of these general conditions and the vehicle rental agreement and attachments, even if their fees have been paid by the LESSEE. In such cases, the LESSEE cannot benefit from insurance guarantees and legal rights.
7.11 If the LESSEE wishes to benefit from the guarantee packages within the specified limits in the contract and its attachments, the LESSEE is obliged to pay the amounts requested by EUROPARK in advance, in addition to the rental fee. If the LESSEE does not fully and in advance pay the fees for the requested guarantee packages, the LESSEE will be responsible for any and all damages, liabilities, obligations, losses, and loss of earnings arising from events and/or events that have occurred or will occur.
7.12 In the event of malfunctions, accidents, and damages, if the fault lies with the user and the repair exceeds 24 hours, the vehicle will be replaced. The LESSEE must return the temporary vehicle and take delivery of the rented vehicle within 1 (one) day from the date of notification that the repair of the original vehicle has been completed. If the LESSEE delays the return of the replacement vehicle, the LESSEE will pay the rental fee for the replacement vehicle for each day in addition to the rental fee of the original vehicle. EUROPARK is not obligated to change the vehicle in case of malfunctions caused by user errors.
8- RETURN OF RENTED VEHICLES:
8.1 In the event that the LESSEE wishes to return the rented vehicle early, the decision to refund the fee is at the discretion of EUROPARK. In this case, EUROPARK also reserves the right to request the rewards and services earned, or their equivalent value, by taking advantage of campaigns or other benefits. If the reservation or rental fee has been paid in advance and the vehicle is not taken over within the specified period, the amounts collected will not be refunded, and EUROPARK will not be obliged to keep the vehicle during the rental period when it is not taken over on time. If the LESSEE wishes to take the vehicle at any time during the reservation period when the vehicle was not taken over on time, whether EUROPARK will meet this request depends on the availability of vehicles at that moment, and EUROPARK cannot be compelled to provide a vehicle.
8.2 For all extensions, the LESSEE will apply to EUROPARK and obtain written approval. Extensions made without written approval are deemed accepted by the parties where the LESSEE unlawfully retains possession of the vehicle. If the LESSEE does not comply with any provision of the lease agreement, vehicle delivery form, or these general conditions, especially if the LESSEE does not return the vehicle to EUROPARK at the specified time in the lease agreement and/or vehicle delivery form, the LESSEE grants EUROPARK the immediate right to reclaim and seize the mentioned vehicle without the need for prior warning, permission, or judgment, wherever it may be. The LESSEE agrees not to make any claims against EUROPARK for this reason, and acknowledges, declares, and undertakes to waive all rights, complaints, and other rights. The LESSEE is obliged to pay for any damage and expenses that may occur during the repossession/seizure of the vehicle by EUROPARK. EUROPARK is not responsible for the loss or damage of objects or substances in the vehicle during the repossession/seizure. Even if EUROPARK has collected the rental fee for the delay period, it cannot be interpreted as if the lease agreement has been extended or turned into an indefinite term.
8.3 The LESSEE must return the vehicle, vehicle documents, accessories, tools, additional products, and equipment received in a damage-free and complete condition. The LESSEE will be responsible for any damage and harm other than normal use identified during the return of the vehicle, and the LESSEE is obliged to pay the amount determined by EUROPARK immediately. Additionally, EUROPARK has the right to examine and notify the LESSEE of any damage and deficiencies within 30 days after the return of the vehicle. The preparation of a vehicle return form/record during the return of the vehicle does not mean that EUROPARK has waived its right to control and notification. The LESSEE will be responsible for any damage and harm other than normal use in the vehicles.
8.4 If the LESSEE does not sign the return form at the time of return, the information in the return form prepared by EUROPARK will be considered valid. The LESSEE acknowledges and declares that EUROPARK can unilaterally make changes or updates to its conditions at any time, without requiring the approval of the LESSEE.
8.5 The LESSEE cannot unilaterally extend the rental period after the end of the lease. In addition, if the vehicle is not delivered at the specified return date and time, the LESSEE is obliged to pay 1/3 of the daily rental fee for the first hour and delays exceeding 2 hours, 2/3 of the daily rental fee for delays exceeding 2 hours, 1 full daily fee for delays exceeding 3 hours, and 3 times the daily rental fee for each day for delays exceeding 24 hours. Additionally, this matter cannot be interpreted as an extension of the rental period or becoming indefinite.
9- TERMINATION RIGHT, TERMINATION OF THE CONTRACT, AND PENALTY CLAUSE:
9.1 These general conditions and the lease agreement will come into effect from the date of signing and will automatically terminate upon the return of the rented vehicle to EUROPARK in accordance with the provisions of the lease agreement, vehicle delivery form, and general conditions, without the need for any additional notice. Even if the contract is terminated, EUROPARK is authorized to claim its rights arising from the lease agreement, general conditions, and the vehicle delivery form.
9.2 If deemed necessary, EUROPARK has the right to terminate the lease agreement and general conditions unilaterally, without notice, warning, or compensation, for any reason it deems fit during the rental period.
9.3 In the event that the LESSEE discontinues its business, applies for concordat, faces enforcement proceedings against it in any way, encounters payment difficulties, goes into liquidation, or an application for bankruptcy has been filed or an application for suspension of bankruptcy has been made to the court, or if the LESSEE fails to pay in full and on time any of EUROPARK's receivables arising from the lease agreement, general conditions, and the vehicle delivery form, or if the credit card specified in the lease agreement with the information is blocked, reduced, canceled, or expired, rendering the credit card unusable for any reason, or if the vehicle is abandoned anywhere or there is suspicion of misuse of confidence (at the discretion of EUROPARK), the lease agreement and general conditions will automatically terminate without the need for any notice, warning, or judgment.
9.4 From the date of termination of the lease agreement and general conditions, the LESSEE is obliged to return the vehicle to EUROPARK at the delivery location specified in the lease agreement and/or vehicle delivery form within 3 hours at the latest. If the delivery is not made, the LESSEE hereby accepts the seizure of the vehicle by EUROPARK at its location without the need for any notice, warning, or decision. The LESSEE acknowledges that it will not make any claims against EUROPARK due to the exercise of the right to seize, and agrees, declares, and undertakes that it waives all rights, complaints, and other claims.
9.5 From the date of termination of the lease agreement and general conditions, the LESSEE is required to deliver the vehicle to EUROPARK at the location specified in the lease agreement and/or vehicle delivery form within 3 hours at the latest. If the delivery is not made, the LESSEE hereby accepts the seizure of the vehicle by EUROPARK at its location without the need for any notice, warning, or decision. The LESSEE acknowledges that it will not make any claims against EUROPARK due to the exercise of the right to seize, and agrees, declares, and undertakes that it waives all rights, complaints, and other claims.
9.6 Regardless of whether the LESSEE returns the vehicle or EUROPARK seizes and takes delivery of the vehicle, the LESSEE agrees and undertakes to pay the full rental fees, the late payment fees specified in Article 8.5, the applicable VAT, and interest at twice the rate of the advance interest set by the Central Bank of the Republic of Turkey until the end of the lease agreement. Additionally, EUROPARK may demand compensation for all damages and losses incurred.
9.7 The LESSEE undertakes to return the vehicle owned by EUROPARK to EUROPARK within 3 hours from the date of termination of the lease agreement or general conditions, whether terminated immediately or for any reason whatsoever. In the event of failure to return the vehicle, even if the late payment fee has been collected, the LESSEE acknowledges that it will have committed the Offense of Misuse of Trust under Article 155 of the Turkish Penal Code (TCK).
10- TRANSFER, ASSIGNMENT, SUBLETTING, AND PROHIBITION OF ENCUMBRANCE: The LESSEE cannot transfer or assign the lease agreement and general conditions to anyone else without the written consent of EUROPARK; the LESSEE cannot allocate the rented/delivered vehicle for use by anyone else, use it as collateral, lease it, or perform any similar transaction. The vehicle cannot be taken out of the country without the written consent of EUROPARK. In case written approval is obtained, all expenses and responsibilities for foreign exits will belong to the LESSEE. EUROPARK may transfer and/or assign the lease agreement, general conditions, vehicle delivery form, and/or the rights, receivables, and obligations arising from them to another party without the need for the LESSEE's permission.
11- EVIDENCE: In the event of any dispute, the LESSEE acknowledges that EUROPARK's books and records will be considered the basis, and EUROPARK's books and records are conclusive and definitive evidence in the sense of Article 193 of the Code of Civil Procedure, and the LESSEE agrees not to object to EUROPARK's records in any way.
12- PRIVACY POLICY AND COMMUNICATION: The PARTIES acknowledge that any commercial and professional information related to the other party that will arise under the lease agreement, general conditions, and vehicle delivery form is confidential and agree not to disclose this information to third parties during and after the contract. This confidentiality commitment will remain valid even if the lease agreement and these general conditions are terminated or canceled. In case the LESSEE violates the confidentiality obligation, the LESSEE is obliged to compensate any damage that may arise for EUROPARK. Sharing information such as vehicle details, brand, model, plate, LESSEE, user, additional driver, credit card, etc., with third parties and organizations by EUROPARK is not considered a violation of privacy. The LESSEE pre-accepts EUROPARK's authority in this matter.
13- RESOLUTION OF DISPUTES: These general conditions, the lease agreement, and the vehicle delivery form will be governed by Turkish Law, and the Istanbul Courts and Enforcement Offices are authorized to resolve any disputes arising from the interpretation of these general conditions, the lease agreement, and the vehicle delivery form and/or any disputes between the parties. In the case of additional attachments to these general conditions, the lease agreement, and the vehicle delivery form in Turkish and foreign language versions, if prepared within the same document, the Turkish version will be the basis for interpretation.
14- The LESSEE does not have the right to cancel, return, or withdraw.
15- Incomplete, wet, or unsigned reports will be considered invalid.
16- In the case of missing documents, damages not documented in the report will be deemed invalid, even if a damage waiver package is purchased. The LESSEE acknowledges that they will be responsible for paying the damage cost and depreciation of the vehicle. Damage to the front fender requiring paint incurs a depreciation of 1500 TL, damages to the front and rear right and left doors incur a depreciation of 1500 TL each, damages to the rear, right and left fenders incur a depreciation of 1500 TL each, and damages to the trunk and hood incur a depreciation of 2000 TL.
17- The damage management and assurance package covers the body parts of the vehicle. However, damages that occur inside the vehicle and on mechanical parts (cigarette burns, seat stains, tears, and all damages inside the vehicle) will be paid by the Lessor.
18- SERVICE FEES:
Traffic Fine: For each transaction, a 25% service fee will be added to the traffic fine.
Passage Fee: HGS / Highway, Road, Bridge, etc. passage fees will be paid based on the amounts loaded onto the vehicle's HGS tags by EUROPARK. In addition to the passage fee, a 25% service fee + 18% VAT will be added for the LESSEE.
Damage: In case of damage caused by an intoxicated, unlicensed, and/or unauthorized driver, a service fee of 250 TL + VAT will be added to the damage amount passed on to the LESSEE.
Damage: For documented damages with an assurance package, a service fee of 150 TL will be added.
Fuel: In case the vehicle is returned with a lower fuel level than delivered, a service fee of 40 TL + VAT for each missing fuel unit and an additional service fee of 20 TL will be added. The missing fuel quantity is calculated assuming a full fuel tank is 8 units.
19- Accidents that occur during the period between the end of the rental day and the extension without payment are not covered by the assurance package.
20- Parking fees during the rental period are the responsibility of the customer. In case of non-payment, the parking fee will be calculated as twice the amount, and it will be accepted and undertaken to be paid without objection.
21- The competent authority for any disputes arising from this agreement is the Istanbul Courts and Enforcement Offices.
This agreement, consisting of 21 clauses and pages, has been read, negotiated, and signed by the parties as a complete agreement.
For the rental process, the LESSEE must meet the financial (Findex) criteria determined by the Lessor.
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