Rental Conditions
CAR RENTAL AGREEMENT
ARTICLE 1- PARTIES
This lease agreement has been concluded between the lessor and the lessee, whose personal information and signature is in the lease, and the additional driver, if any. In this rental agreement, the real or legal person who is the lessor of Moon Rent a Car and the subject of the agreement will be referred to as the lessee.
ARTICLE 2- SUBJECT
The subject of this agreement is the rental conditions of the vehicle rented to be used by the lessee with the rental agreement, the conditions regarding the additional driver, the insurance and compensation conditions, the way of using the vehicle and the form and conditions of the payment of the rent and other fees determined in return by the lessee, and the mutual rights and obligations of the parties to this agreement. is to be determined.
ARTICLE 3- CONDITIONS FOR ADDITIONAL DRIVER
For the vehicle subject to this contract to be used by someone other than the tenant; The valid identity and driver's license information of the additional driver must be written in the contract at the beginning of the rental, the daily additional driver fees must be paid and the signature of the additional driver must be present in this contract. The lessee cannot make anyone use the vehicle, whose name is not written and whose signature is not in the contract, and cannot establish a loan or sub-lease relationship. If these rules are not followed, the tenant and the person who uses the vehicle subject to the contract illegally are jointly and severally liable for all damages. The person duly registered as an additional driver is jointly and severally liable with the lessee for the obligations contained in this contract and its annexes, as well as for damages incurred while using the vehicle subject to the contract. With the signing of this contract, the tenant and the additional driver declare and undertake that they expressly accept this situation.
ARTICLE 4- GENERAL CONDITIONS
4.1. The vehicle has been leased to the lessee during the rental period; The lessee will use the vehicle in accordance with the vehicle exit-return delivery form, the pre-printed protocol and the points specified in this contract, that he will take care of the vehicle at the level expected from the vehicle owner, fully fulfill his duty of protection and care, use the vehicle safely and error-free, and from the moment he rents the vehicle until the moment of delivery. expressly accepts, declares and undertakes to comply with all legal regulations. The lessee is personally responsible for the damages, costs, penalties and ancillary of these that may arise due to the vehicle not being used in accordance with the specified issues and legal regulations, careless and misuse or user error.
4.2. The lessee has seen and examined the vehicle in detail at the time of delivery of the vehicle to him by the lessor. By signing this contract, the tenant declares and accepts that the vehicle has been delivered to him as stated in the vehicle exit-return delivery form, and that there is no damage or accidental traces on the vehicle.
4.3. Tenant; accepts that he will return the vehicle subject to the contract to the place where he bought it, on the day and time written in the contract. If the vehicle is not delivered to the place where it was taken, the lessor will pay the driver, petrol and tow truck, etc. to take the vehicle back. Extra costs will be borne by the tenant. With all these; If the vehicle is not delivered to the lessor on the day and time specified in the contract, the rental fee will continue to be processed for each passing day. In case of delays of one hour, one day's rental fee will be applied to the tenant.
4.5. Rental is at least 1 day. For shorter rentals or if the vehicle is returned late in hours, the daily price is applied. The weekly rental period is 7 days; monthly rental period of 30 days; The annual rental period is calculated as 365 days and accepted by the parties. A daily mileage limit applies to the rented vehicle. For daily rentals, a daily limit of 300 kilometers is applied. A monthly mileage limit of 4,000 km is applied for monthly rentals. 30,000 km annual mileage limit is applied for annual leases. In all rentals, regardless of the duration, 1.19-TL + VAT is applied per km in excess of mileage. The Tenant accepts, declares and undertakes that he will comply with the terms in the contract regarding the mileage limitations, and that he will pay the relevant price in case of excess.
4.6. At the beginning of the rental, a provision will be taken from the tenant's credit card in amounts varying according to the vehicle group, as a guarantee for future damages (traffic fine, insurance exemption fee, OGS - HGS fees, illegal toll, possible damages to the vehicle, etc.). In the event that the specified situations do not occur, and no damage occurs; The lessor will refund the provision fee received when 30 days have passed from the delivery of the vehicle to him. Tenant, all kinds of damage, loss, penalty, bridge crossing, etc. It accepts and undertakes that the fees will be collected from the provision fee, and that it will make an additional payment for the amounts exceeding the provision fee.
4.7. In the event of damage and/or malfunction in the rented vehicle, the lessee is responsible for delivering the vehicle to the authorized service in a safe manner that will not increase the damage. Expenses incurred during the delivery of the vehicle to the service (towing cost, service cost and other expenses) alar) will be borne by the tenant. The tenant accepts and undertakes this matter in advance.
4.8. The lessee accepts, declares and undertakes that he will drive the vehicle within the borders of the Republic of Turkey and will not take the vehicle abroad without the written consent of the lessor. The vehicle, which is determined to have been taken abroad without the written consent of the lessor, must be returned within 3 days at the latest, if requested by the lessor. Otherwise, the lessor will use all kinds of legal and penal rights.
4.9. The lessee accepts, declares and undertakes that he will not use the vehicle in the situations listed below. Otherwise, it will be responsible for all kinds of expenses, including damages, damages, penalties, loss of value that may occur in the vehicle, loss of commercial profits and damages to the goods transported in the vehicle and to the passengers, together with all its accessories. Also; The tenant, the additional driver or the third person using the vehicle are jointly and severally liable for any liability arising from the following situations.
a- T.C. In the transportation of all kinds of goods, substances and other illegal works, which are considered a crime in the laws, Customs Law and other legal legislation,
b- When pulling, pushing or loading another vehicle or moving or non-moving objects,
c- On roads closed to traffic and unsuitable for racing, speed determination, rally, durability test, drift, motor sports,
d- Carrying passengers above the number of passengers determined by the traffic rules, in any way, in the transportation of cargo and goods other than baggage,
e- In the business of carrying passengers or goods with or without gratification,
f- Under the influence of alcohol, drugs or stimulants,
g- Used on non-road and non-scheduled ferries,
h- In case it is used by the driver who is not specified as an additional driver in this contract and its accessories,
i- In animal transportation,
j- Taking into account the brand and model of the vehicle, it is used in places and roads that are not suitable for the purpose of renting, and in places and roads that are not suitable for the technical structure and endurance of the vehicle,
k- In unusual and unsuitable road conditions,
l- Leaving the vehicle for the use of a person who does not have a license or who does not have a sufficient license.
m- In contempt, bad or careless use of the vehicle.
4.10. The Tenant knows and accepts that he is responsible for the penal actions to be applied as a result of the accidents he has caused by acting in violation of the highway traffic rules, and their accessories (traffic fine, tying the vehicle subject to the contract, towing and other costs that will arise as a result).
4.11. Transit systems such as OGS, HGS for bridges, highways etc. are supplied to the lessee by the lessor. However, all payments and expenses related to these transitions, as well as penalties and costs related to illegal transit belong to the lessee.
4.12. During the rental period, the responsibility of maintenance and repair of the vehicle belongs to the lessor. When the lessor recalls the vehicle for periodic maintenance, the lessee must deliver the vehicle. The lessor may, at his own initiative, give another vehicle to the lessee, provided that the rental fee is paid for the period when the lessee is deprived of the vehicle. If the rental fee is not paid, the lessor is not obliged to provide a replacement vehicle. Due to the renter's inability to move the vehicle as a result of unconventional misuse, careless use, failure to fulfill his duty of protection and care, or accidental repair, spare parts and tire replacement costs, damage and damage caused by freezing, and similar events. The transportation expenses to bring the vehicle to the place where it is rented belong to the lessee; In such cases, the lessor shall collect the commercial loss of the vehicle from the lessee over the current rental tariff. Repairs that may be required in a remote location from the lessor's location will be made by the lessee with the written consent of the lessor, the relevant expense will be invoiced on behalf of the lessor, and when the invoice is presented to the lessor, the lessor will make the payment to the lessor.
4.13. In the event that the lessee does not comply with any article of this contract, especially if he does not deliver the vehicle on the agreed date, the lessee authorizes the lessor to immediately take back the vehicle subject to the contract, regardless of where it is and without the need for prior warning. The lessee is liable for the damage and expenses that may occur during the recovery of the vehicle by the lessor. The lessee states that if the contract has expired, the contract has expired without any notice and that not delivering the vehicle for any reason, despite the expiry of the contract, constitutes a crime under the provisions of criminal law, and that the vehicle is used outside the rental period by the tenant or, if any, by the additional driver and/or illegally. I accept and declare that he/she knows that he/she will not be able to benefit from any insurance, guarantee, legal right in terms of damage and liability in case of use, and that he/she cannot make any other external notification regarding these issues. is attached.
ARTICLE 5- INSURANCE
5.1. The vehicle belonging to the lessor is insured with the Compulsory Liability Insurance as specified in the Highway Traffic Law; The said insurance premiums are covered by the lessor. The vehicle in question, other motor land transport vehicles, third parties and passengers in the vehicle, etc. The cost of material and moral damages that may occur in case of damage, treatment expenses are limited to the scope and limits of the compulsory financial liability liability insurance of the vehicle, and all responsibility and liability, including material and moral indemnities, loss of value of the vehicle and loss of earnings, belong to the lessee, and these amounts are legally limited. Even if the lessor has to pay, it has been accepted and committed in advance that he is obliged to pay when he recourse to it later.
5.2. In the event of an accident, the tenant and the additional driver must immediately inform the emergency telephone line in the contract, apply to the nearest police or gendarmerie station without moving the vehicle, and obtain an alcohol report together with the accident, damage, theft and loss detection report. In addition, taking photos of the vehicle at the scene of the accident, obtaining the name, surname, TR ID number and residence addresses of the relevant persons and witnesses, obtaining a copy of the driver's license, license and traffic insurance policies in double-sided accidents, not leaving the vehicle without taking adequate safety precautions, in case of fatal and injury accidents. It accepts and declares that it is obliged to provide the intervention of the relevant units to the incident and to deliver the accident notification reports and their annexes to the lessor within 24 hours from the occurrence of the incident. The tenant accepts and undertakes that he will be responsible for all damages and damages that may occur if he does not take the above-mentioned measures, and for all damages and compensations that third parties may demand from the lessor. The tenant also agrees and undertakes in advance that he will be jointly and severally liable with other defective persons for the loss of value, damage and loss of commercial profits that will occur in the vehicle in such a case.
5.3. If the vehicle is used outside of the rental period and/or used outside of the drivers specified in the rental agreement, or if it is used in violation of the laws, rental agreement, general rules and general moral rules, the lessee will not be able to benefit from the opportunities guaranteed by the insurance and that he/she will not be responsible for all the damages that will occur, together with the person using the vehicle. agrees and undertakes to be jointly and severally liable.
5.4. If requested by the lessee, only "mini damage assurance" can be provided by the lessor. Mini damage assurance covers material damages (excluding damages to tires, glass, headlights, etc.) up to the determined price, which varies according to the vehicle group. In order to benefit from this guarantee, the lessee can benefit from the mini-damage guarantee, provided that the additional price to be determined by the lessor considering the rental period is paid in advance. In the case of damages exceeding the amount determined by the mini-damage insurance (indicated on the pre-printed form), the lessee will be directly responsible for all damage, loss of vehicle value due to damage, loss of commercial profits and all their accessories. In order for the lessee to benefit from the mini-damage guarantee by paying an additional fee, the terms of the contract must be fulfilled completely and completely. In other words, paying an additional fee does not eliminate the obligation to fulfill the terms of the contract. The lessor does not provide any other guarantee, including the optional liability insurance (insurance) against an additional cost, apart from the mini-damage guarantee. The lessee knows and accepts that only mini damage assurance is provided by the lessor, provided that it is requested by him and the expense is paid in advance.
5.5. Tenant, mini damage assurance 5.4. without prejudice to the provision of the article; accepts that he is responsible for all damages (including but not limited to the loss of value of the vehicle, loss of commercial earnings, damage cost) that may occur in the vehicle as long as the vehicle is in his possession.
5.6. In the cases listed below and/or in cases where the insurance is deemed invalid in accordance with the legal legislation, the tenant is responsible for the entire loss.
a. If the driver is under the influence of alcohol or drugs,
b. If he is not licensed and/or his license is deemed invalid by law,
NS. If the actual fault rate is 8 out of 8 or the driver is 100% defective,
D. If he cannot provide the documents related to the accident,
to. If the vehicle has not been delivered without written approval despite the expiry of the rental agreement,
f. In cases where it is stated in the accident detection form that the accident is caused by the fault of the tenant,
g. If the legal speed limit is exceeded and it is stated in the accident detection form that the accident occurred due to speeding,
h. In cases where the accident report is not prepared in one-sided accidents, the declaration is filled incompletely in double-sided accidents, and the alcohol report is not received,
NS. In deliberate accidents,
j. NS In case of damage that will occur due to high speed driving and similar carelessness and intentional damage,
k. In case of damage caused by the use of wrong or illegal fuel,
NS. In case of using a vehicle contrary to traffic laws,
m. In case of using a driver's license contrary to traffic laws,
n. In case of accident by persons other than the drivers specified in the rental agreement,
he. In cases where insurance companies do not pay the insurance cost,
p. In double-sided accidents, where the other party alleged to be at fault cannot be identified,
q. In the event that the tenant causes damage to the upper parts of the vehicle (as a result of hitting bridges, balconies, branches and similar objects), the tenant is obliged to pay the damages, loss of value of the vehicle, loss of commercial profits and all other damages due to not renting the vehicle, together with its accessories.
Also;
r. Material damages and treatment expenses given to third parties and passengers in the vehicle are limited to the vehicle's compulsory traffic insurance limits, and all responsibility and liability that may occur, including moral damages, belongs exclusively to the tenant.
NS. If the legal issues regarding the use of the vehicle in this contract are not complied with, the tenant is personally responsible for the entire damage.
t. In the event that the tenant hits an animal with no fault of his own, or if the vehicle is damaged by an animal or vehicle while the vehicle is parked, the tenant shall bear the entire cost of the damage that may occur.
NS. In cases where the lessor is determined to be defective by the lessor as a result of a materially damaged traffic accident and legal action is initiated against the tenant according to this determination, the lessee is jointly and severally liable against the lessor and the party who is found to be at fault by the court, even if it is determined that he is faultless or less defective in the future. acknowledges and undertakes that In such a situation, the lessee can only recourse to the other party, which is determined to be defective, for the price paid or to be paid to the lessor, since the lessor is not at fault. No demand will be made from the lessor.
v. In case of damage to the rented vehicle that will be reflected to the insurance company, the lessee is obliged to complete the relevant documents and procedures and deliver it. The rental agreement will continue to be processed over the daily rental price until the documents and procedures are completed.
5.7. Caused by misuse and/or carelessness, carelessness in the vehicle that the tenant has received in good condition; Without being limited to those listed, damage, malfunction, damage to occur inside and outside of the vehicle, any direct and indirect damage arising from the lessor or third parties that require repair and cleaning of the vehicle due to the vehicle being too dirty to be cleaned with normal washing conditions, but which cannot be demanded or collected from the insurance within the scope of traffic insurance rules. The tenant is solely responsible for indirect damages, losses, damages and penalties. In addition, the tenant is fully responsible for the damages that may occur in the vehicle, such as splitting the tire, bursting (tire becoming unusable), glass breakage, cracking (windows on the front, rear and doors of the vehicle), headlight breakage and cracking that may occur in the vehicle.
5.8. The lessee is obliged to park the vehicle in a closed and locked condition to ensure the safety of the vehicle, even outside the cruise, and not to leave any visible items in the vehicle. In case the vehicle is stolen, the tenant is obliged to immediately apply to the nearest police station or gendarmerie center and obtain the vehicle theft detection report. In such a case, the tenant will also immediately inform the lessor by informing the MOON Rent A Car call center 0850 532 11 93 of the situation. If the aforementioned measures are not taken and/or the vehicle is stolen due to plagiarism, the lessee agrees and undertakes to pay the vehicle price and other damages.
5.9. In the event that the vehicle is confiscated or confiscated by the competent authorities due to any event, whether or not the tenant is at fault, as long as the vehicle is in the use of the tenant; The lessee is responsible for all kinds of expenses and damages until they are taken back; The lessee agrees and undertakes that, together with these expenses, the loss related to loss of work and power (loss of commercial earnings) within the period until the vehicle is taken back will be paid by the tenant himself.
5.10. Fuel cost belongs to the tenant. The tenant is obliged to deliver the vehicle in the same way as the fuel tank was delivered. The tenant is obliged to buy suitable fuel for the vehicle. If a malfunction occurs in the vehicle due to cheap, poor quality or wrong fuel, the tenant is obliged to compensate for this loss.
5.11. The lessor is entitled to unilaterally terminate this agreement (whether or not the rental period expires) at any time, if it deems necessary, without showing a valid reason. In this case, the tenant The buyer has to deliver it to the lessor immediately. The lessor is authorized to take the vehicle back regardless of place, time and tenant. By signing this contract, the tenant accepts, undertakes and accepts this situation.
5.12. In the event that the lessor receives the vehicle as damaged from the lessee and it is stated in the traffic accident report that the accident is caused by the fault of the lessee or in any way, the lessor determines that it is due to the fault of the lessee, the damage to the vehicle, the damage related to the days when the vehicle is out of work and power, and the value that may arise in the vehicle. may claim the loss together with all its accessories. The tenant also agrees and undertakes to pay this. In such a case, the lessee agrees and undertakes that he will immediately pay the lessor in proportion to the defect of the said damage, loss of value of the vehicle, loss of commercial earnings, and other damages inflicted by the lessor. The parties acknowledge and agree that the lessor has the right to claim all receivables that have arisen or will arise under this contract by directly initiating legal action against the lessee. In addition, the lessee accepts, declares and undertakes that in the event that the lessor does not pay any of the receivables arising from this contract, in case of a request for provisional attachment or provisional injunction, the lessor is authorized to take a provisional attachment and provisional injunction decision without providing any security.
ARTICLE 6- PAYMENT
6.1. Tenant will make payments by cash, credit card, mail order or money order. If it is decided that the payment will be made in installments or in splits; In case of non-compliance with the specified payment days, the remaining balance payments become due without any notice or warning. By signing this contract, the tenant expressly declares and undertakes that he/she accepts this issue. In addition, tenants working with a current account will make their payments within the specified period against invoice. If the tenant does not make the payment within the given period, the CBRT accepts and undertakes to pay with the highest bank interest as of the invoice date. The tenant is personally responsible for the accuracy of all information and documents given regarding the invoice. They agree and undertake that if the invoice is issued and the tenant are separate persons, both parties will be jointly and severally liable for the debt.
6.2. Final calculation result is determined at the end of the lease. Payments can be made in Turkish Lira or in foreign currency accepted in the Republic of Turkey or by credit card. For payments in foreign currency, the CBRT effect at the time of payment in Turkish Lira is calculated over the selling rate.
ARTICLE 7- RETURN OF THE VEHICLE
7.1. If the tenant wants to return the rented vehicle early, no refund is made. Also; In case the vehicle is delivered by the lessee earlier than the time specified in the contract, for leases longer than 6 months; The lessee shall pay the lessor 1 month's rent as a penal clause. With the signing of this contract, the tenant has accepted, declared and committed this situation.
7.2. If the lessee has an accident with the rented vehicle in any way, unilaterally or bilaterally, if the accident is within the rental period and if the accident, due to its nature, requires the vehicle to be in service; and the lease is for less than six months; The lessee knows that no substitute vehicle will be provided for the remaining rental days by the lessor, and accepts and undertakes that the rental contract will be terminated by the lessor as of the accident date without notification. In this case, the tenant knows and accepts that the fee for the remaining days will not be refunded. However, if the rental period is more than six months, a replacement vehicle in the same segment will be supplied to the lessor by the lessor. This also applies if the vehicle breaks down in the hands of the tenant during the rental period.
7.3. The tenant accepts that there are no signs of damage or accident during the delivery of the vehicle, other than those defined in the vehicle delivery form. By signing this contract, the Tenant; the vehicle is undamaged, five tires are in good condition with the spare, and it is delivered intact with the tools, documents, license, key, all accessories and equipment related to the vehicle; He accepts that he will return the vehicle in full and at the place where he bought it, unless an agreement is reached on the day and time written in the contract. If the vehicle is not delivered to the place where it was taken, the lessor will pay the driver, petrol and tow truck, etc. to take the vehicle back. Extra costs will be borne by the tenant. With all these; If the vehicle is not delivered to the lessor on the day and time specified in the contract, the rental fee will continue to be processed for each day. Also; If the tenant does not return the documents belonging to the vehicle (motor vehicle registration certificate, motor vehicle traffic certificate, insurance policy, plates) etc. at the time of return of the vehicle, he will pay the rental fee for the period until he finds and delivers them, in case of loss; Receipt of new documents with the loss of business of the vehicle It accepts and undertakes to pay the necessary expenses and to compensate for any other damages that may arise.
7.4. In the event that the lessor detects the existence of deficiencies and defects that cannot be determined by ordinary inspection during the receipt of the vehicle after the vehicle is delivered to him, if there are deficiencies or damage in the vehicle during the use of the lessee, it is obliged to notify the lessee of this situation as soon as it is detected, and the lessee is obliged to remedy this damage.
7.5. If the lessee wishes to extend the lease, he must obtain the written consent of the lessor. It is not possible to extend the lease agreement without the written consent of the lessor.
7.6. The lessor is in no way responsible for the objects and belongings that are carried, left in the vehicle or forgotten in the vehicle after the vehicle is taken back from the tenant. The lessee agrees and declares that he will check the rented vehicle and deliver it to the lessor.
ARTICLE 1- PARTIES
This lease agreement has been concluded between the lessor and the lessee, whose personal information and signature is in the lease, and the additional driver, if any. In this rental agreement, the real or legal person who is the lessor of Moon Rent a Car and the subject of the agreement will be referred to as the lessee.
ARTICLE 2- SUBJECT
The subject of this agreement is the rental conditions of the vehicle rented to be used by the lessee with the rental agreement, the conditions regarding the additional driver, the insurance and compensation conditions, the way of using the vehicle and the form and conditions of the payment of the rent and other fees determined in return by the lessee, and the mutual rights and obligations of the parties to this agreement. is to be determined.
ARTICLE 3- CONDITIONS FOR ADDITIONAL DRIVER
For the vehicle subject to this contract to be used by someone other than the tenant; The valid identity and driver's license information of the additional driver must be written in the contract at the beginning of the rental, the daily additional driver fees must be paid and the signature of the additional driver must be present in this contract. The lessee cannot make anyone use the vehicle, whose name is not written and whose signature is not in the contract, and cannot establish a loan or sub-lease relationship. If these rules are not followed, the tenant and the person who uses the vehicle subject to the contract illegally are jointly and severally liable for all damages. The person duly registered as an additional driver is jointly and severally liable with the lessee for the obligations contained in this contract and its annexes, as well as for damages incurred while using the vehicle subject to the contract. With the signing of this contract, the tenant and the additional driver declare and undertake that they expressly accept this situation.
ARTICLE 4- GENERAL CONDITIONS
4.1. The vehicle has been leased to the lessee during the rental period; The lessee will use the vehicle in accordance with the vehicle exit-return delivery form, the pre-printed protocol and the points specified in this contract, that he will take care of the vehicle at the level expected from the vehicle owner, fully fulfill his duty of protection and care, use the vehicle safely and error-free, and from the moment he rents the vehicle until the moment of delivery. expressly accepts, declares and undertakes to comply with all legal regulations. The lessee is personally responsible for the damages, costs, penalties and ancillary of these that may arise due to the vehicle not being used in accordance with the specified issues and legal regulations, careless and misuse or user error.
4.2. The lessee has seen and examined the vehicle in detail at the time of delivery of the vehicle to him by the lessor. By signing this contract, the tenant declares and accepts that the vehicle has been delivered to him as stated in the vehicle exit-return delivery form, and that there is no damage or accidental traces on the vehicle.
4.3. Tenant; accepts that he will return the vehicle subject to the contract to the place where he bought it, on the day and time written in the contract. If the vehicle is not delivered to the place where it was taken, the lessor will pay the driver, petrol and tow truck, etc. to take the vehicle back. Extra costs will be borne by the tenant. With all these; If the vehicle is not delivered to the lessor on the day and time specified in the contract, the rental fee will continue to be processed for each passing day. In case of delays of one hour, one day's rental fee will be applied to the tenant.
4.5. Rental is at least 1 day. For shorter rentals or if the vehicle is returned late in hours, the daily price is applied. The weekly rental period is 7 days; monthly rental period of 30 days; The annual rental period is calculated as 365 days and accepted by the parties. A daily mileage limit applies to the rented vehicle. For daily rentals, a daily limit of 300 kilometers is applied. A monthly mileage limit of 4,000 km is applied for monthly rentals. 30,000 km annual mileage limit is applied for annual leases. In all rentals, regardless of the duration, 1.19-TL + VAT is applied per km in excess of mileage. The Tenant accepts, declares and undertakes that he will comply with the terms in the contract regarding the mileage limitations, and that he will pay the relevant price in case of excess.
4.6. At the beginning of the rental, a provision will be taken from the tenant's credit card in amounts varying according to the vehicle group, as a guarantee for future damages (traffic fine, insurance exemption fee, OGS - HGS fees, illegal toll, possible damages to the vehicle, etc.). In the event that the specified situations do not occur, and no damage occurs; The lessor will refund the provision fee received when 30 days have passed from the delivery of the vehicle to him. Tenant, all kinds of damage, loss, penalty, bridge crossing, etc. It accepts and undertakes that the fees will be collected from the provision fee, and that it will make an additional payment for the amounts exceeding the provision fee.
4.7. In the event of damage and/or malfunction in the rented vehicle, the lessee is responsible for delivering the vehicle to the authorized service in a safe manner that will not increase the damage. Expenses incurred during the delivery of the vehicle to the service (towing cost, service cost and other expenses) alar) will be borne by the tenant. The tenant accepts and undertakes this matter in advance.
4.8. The lessee accepts, declares and undertakes that he will drive the vehicle within the borders of the Republic of Turkey and will not take the vehicle abroad without the written consent of the lessor. The vehicle, which is determined to have been taken abroad without the written consent of the lessor, must be returned within 3 days at the latest, if requested by the lessor. Otherwise, the lessor will use all kinds of legal and penal rights.
4.9. The lessee accepts, declares and undertakes that he will not use the vehicle in the situations listed below. Otherwise, it will be responsible for all kinds of expenses, including damages, damages, penalties, loss of value that may occur in the vehicle, loss of commercial profits and damages to the goods transported in the vehicle and to the passengers, together with all its accessories. Also; The tenant, the additional driver or the third person using the vehicle are jointly and severally liable for any liability arising from the following situations.
a- T.C. In the transportation of all kinds of goods, substances and other illegal works, which are considered a crime in the laws, Customs Law and other legal legislation,
b- When pulling, pushing or loading another vehicle or moving or non-moving objects,
c- On roads closed to traffic and unsuitable for racing, speed determination, rally, durability test, drift, motor sports,
d- Carrying passengers above the number of passengers determined by the traffic rules, in any way, in the transportation of cargo and goods other than baggage,
e- In the business of carrying passengers or goods with or without gratification,
f- Under the influence of alcohol, drugs or stimulants,
g- Used on non-road and non-scheduled ferries,
h- In case it is used by the driver who is not specified as an additional driver in this contract and its accessories,
i- In animal transportation,
j- Taking into account the brand and model of the vehicle, it is used in places and roads that are not suitable for the purpose of renting, and in places and roads that are not suitable for the technical structure and endurance of the vehicle,
k- In unusual and unsuitable road conditions,
l- Leaving the vehicle for the use of a person who does not have a license or who does not have a sufficient license.
m- In contempt, bad or careless use of the vehicle.
4.10. The Tenant knows and accepts that he is responsible for the penal actions to be applied as a result of the accidents he has caused by acting in violation of the highway traffic rules, and their accessories (traffic fine, tying the vehicle subject to the contract, towing and other costs that will arise as a result).
4.11. Transit systems such as OGS, HGS for bridges, highways etc. are supplied to the lessee by the lessor. However, all payments and expenses related to these transitions, as well as penalties and costs related to illegal transit belong to the lessee.
4.12. During the rental period, the responsibility of maintenance and repair of the vehicle belongs to the lessor. When the lessor recalls the vehicle for periodic maintenance, the lessee must deliver the vehicle. The lessor may, at his own initiative, give another vehicle to the lessee, provided that the rental fee is paid for the period when the lessee is deprived of the vehicle. If the rental fee is not paid, the lessor is not obliged to provide a replacement vehicle. Due to the renter's inability to move the vehicle as a result of unconventional misuse, careless use, failure to fulfill his duty of protection and care, or accidental repair, spare parts and tire replacement costs, damage and damage caused by freezing, and similar events. The transportation expenses to bring the vehicle to the place where it is rented belong to the lessee; In such cases, the lessor shall collect the commercial loss of the vehicle from the lessee over the current rental tariff. Repairs that may be required in a remote location from the lessor's location will be made by the lessee with the written consent of the lessor, the relevant expense will be invoiced on behalf of the lessor, and when the invoice is presented to the lessor, the lessor will make the payment to the lessor.
4.13. In the event that the lessee does not comply with any article of this contract, especially if he does not deliver the vehicle on the agreed date, the lessee authorizes the lessor to immediately take back the vehicle subject to the contract, regardless of where it is and without the need for prior warning. The lessee is liable for the damage and expenses that may occur during the recovery of the vehicle by the lessor. The lessee states that if the contract has expired, the contract has expired without any notice and that not delivering the vehicle for any reason, despite the expiry of the contract, constitutes a crime under the provisions of criminal law, and that the vehicle is used outside the rental period by the tenant or, if any, by the additional driver and/or illegally. I accept and declare that he/she knows that he/she will not be able to benefit from any insurance, guarantee, legal right in terms of damage and liability in case of use, and that he/she cannot make any other external notification regarding these issues. is attached.
ARTICLE 5- INSURANCE
5.1. The vehicle belonging to the lessor is insured with the Compulsory Liability Insurance as specified in the Highway Traffic Law; The said insurance premiums are covered by the lessor. The vehicle in question, other motor land transport vehicles, third parties and passengers in the vehicle, etc. The cost of material and moral damages that may occur in case of damage, treatment expenses are limited to the scope and limits of the compulsory financial liability liability insurance of the vehicle, and all responsibility and liability, including material and moral indemnities, loss of value of the vehicle and loss of earnings, belong to the lessee, and these amounts are legally limited. Even if the lessor has to pay, it has been accepted and committed in advance that he is obliged to pay when he recourse to it later.
5.2. In the event of an accident, the tenant and the additional driver must immediately inform the emergency telephone line in the contract, apply to the nearest police or gendarmerie station without moving the vehicle, and obtain an alcohol report together with the accident, damage, theft and loss detection report. In addition, taking photos of the vehicle at the scene of the accident, obtaining the name, surname, TR ID number and residence addresses of the relevant persons and witnesses, obtaining a copy of the driver's license, license and traffic insurance policies in double-sided accidents, not leaving the vehicle without taking adequate safety precautions, in case of fatal and injury accidents. It accepts and declares that it is obliged to provide the intervention of the relevant units to the incident and to deliver the accident notification reports and their annexes to the lessor within 24 hours from the occurrence of the incident. The tenant accepts and undertakes that he will be responsible for all damages and damages that may occur if he does not take the above-mentioned measures, and for all damages and compensations that third parties may demand from the lessor. The tenant also agrees and undertakes in advance that he will be jointly and severally liable with other defective persons for the loss of value, damage and loss of commercial profits that will occur in the vehicle in such a case.
5.3. If the vehicle is used outside of the rental period and/or used outside of the drivers specified in the rental agreement, or if it is used in violation of the laws, rental agreement, general rules and general moral rules, the lessee will not be able to benefit from the opportunities guaranteed by the insurance and that he/she will not be responsible for all the damages that will occur, together with the person using the vehicle. agrees and undertakes to be jointly and severally liable.
5.4. If requested by the lessee, only "mini damage assurance" can be provided by the lessor. Mini damage assurance covers material damages (excluding damages to tires, glass, headlights, etc.) up to the determined price, which varies according to the vehicle group. In order to benefit from this guarantee, the lessee can benefit from the mini-damage guarantee, provided that the additional price to be determined by the lessor considering the rental period is paid in advance. In the case of damages exceeding the amount determined by the mini-damage insurance (indicated on the pre-printed form), the lessee will be directly responsible for all damage, loss of vehicle value due to damage, loss of commercial profits and all their accessories. In order for the lessee to benefit from the mini-damage guarantee by paying an additional fee, the terms of the contract must be fulfilled completely and completely. In other words, paying an additional fee does not eliminate the obligation to fulfill the terms of the contract. The lessor does not provide any other guarantee, including the optional liability insurance (insurance) against an additional cost, apart from the mini-damage guarantee. The lessee knows and accepts that only mini damage assurance is provided by the lessor, provided that it is requested by him and the expense is paid in advance.
5.5. Tenant, mini damage assurance 5.4. without prejudice to the provision of the article; accepts that he is responsible for all damages (including but not limited to the loss of value of the vehicle, loss of commercial earnings, damage cost) that may occur in the vehicle as long as the vehicle is in his possession.
5.6. In the cases listed below and/or in cases where the insurance is deemed invalid in accordance with the legal legislation, the tenant is responsible for the entire loss.
a. If the driver is under the influence of alcohol or drugs,
b. If he is not licensed and/or his license is deemed invalid by law,
NS. If the actual fault rate is 8 out of 8 or the driver is 100% defective,
D. If he cannot provide the documents related to the accident,
to. If the vehicle has not been delivered without written approval despite the expiry of the rental agreement,
f. In cases where it is stated in the accident detection form that the accident is caused by the fault of the tenant,
g. If the legal speed limit is exceeded and it is stated in the accident detection form that the accident occurred due to speeding,
h. In cases where the accident report is not prepared in one-sided accidents, the declaration is filled incompletely in double-sided accidents, and the alcohol report is not received,
NS. In deliberate accidents,
j. NS In case of damage that will occur due to high speed driving and similar carelessness and intentional damage,
k. In case of damage caused by the use of wrong or illegal fuel,
NS. In case of using a vehicle contrary to traffic laws,
m. In case of using a driver's license contrary to traffic laws,
n. In case of accident by persons other than the drivers specified in the rental agreement,
he. In cases where insurance companies do not pay the insurance cost,
p. In double-sided accidents, where the other party alleged to be at fault cannot be identified,
q. In the event that the tenant causes damage to the upper parts of the vehicle (as a result of hitting bridges, balconies, branches and similar objects), the tenant is obliged to pay the damages, loss of value of the vehicle, loss of commercial profits and all other damages due to not renting the vehicle, together with its accessories.
Also;
r. Material damages and treatment expenses given to third parties and passengers in the vehicle are limited to the vehicle's compulsory traffic insurance limits, and all responsibility and liability that may occur, including moral damages, belongs exclusively to the tenant.
NS. If the legal issues regarding the use of the vehicle in this contract are not complied with, the tenant is personally responsible for the entire damage.
t. In the event that the tenant hits an animal with no fault of his own, or if the vehicle is damaged by an animal or vehicle while the vehicle is parked, the tenant shall bear the entire cost of the damage that may occur.
NS. In cases where the lessor is determined to be defective by the lessor as a result of a materially damaged traffic accident and legal action is initiated against the tenant according to this determination, the lessee is jointly and severally liable against the lessor and the party who is found to be at fault by the court, even if it is determined that he is faultless or less defective in the future. acknowledges and undertakes that In such a situation, the lessee can only recourse to the other party, which is determined to be defective, for the price paid or to be paid to the lessor, since the lessor is not at fault. No demand will be made from the lessor.
v. In case of damage to the rented vehicle that will be reflected to the insurance company, the lessee is obliged to complete the relevant documents and procedures and deliver it. The rental agreement will continue to be processed over the daily rental price until the documents and procedures are completed.
5.7. Caused by misuse and/or carelessness, carelessness in the vehicle that the tenant has received in good condition; Without being limited to those listed, damage, malfunction, damage to occur inside and outside of the vehicle, any direct and indirect damage arising from the lessor or third parties that require repair and cleaning of the vehicle due to the vehicle being too dirty to be cleaned with normal washing conditions, but which cannot be demanded or collected from the insurance within the scope of traffic insurance rules. The tenant is solely responsible for indirect damages, losses, damages and penalties. In addition, the tenant is fully responsible for the damages that may occur in the vehicle, such as splitting the tire, bursting (tire becoming unusable), glass breakage, cracking (windows on the front, rear and doors of the vehicle), headlight breakage and cracking that may occur in the vehicle.
5.8. The lessee is obliged to park the vehicle in a closed and locked condition to ensure the safety of the vehicle, even outside the cruise, and not to leave any visible items in the vehicle. In case the vehicle is stolen, the tenant is obliged to immediately apply to the nearest police station or gendarmerie center and obtain the vehicle theft detection report. In such a case, the tenant will also immediately inform the lessor by informing the MOON Rent A Car call center 0850 532 11 93 of the situation. If the aforementioned measures are not taken and/or the vehicle is stolen due to plagiarism, the lessee agrees and undertakes to pay the vehicle price and other damages.
5.9. In the event that the vehicle is confiscated or confiscated by the competent authorities due to any event, whether or not the tenant is at fault, as long as the vehicle is in the use of the tenant; The lessee is responsible for all kinds of expenses and damages until they are taken back; The lessee agrees and undertakes that, together with these expenses, the loss related to loss of work and power (loss of commercial earnings) within the period until the vehicle is taken back will be paid by the tenant himself.
5.10. Fuel cost belongs to the tenant. The tenant is obliged to deliver the vehicle in the same way as the fuel tank was delivered. The tenant is obliged to buy suitable fuel for the vehicle. If a malfunction occurs in the vehicle due to cheap, poor quality or wrong fuel, the tenant is obliged to compensate for this loss.
5.11. The lessor is entitled to unilaterally terminate this agreement (whether or not the rental period expires) at any time, if it deems necessary, without showing a valid reason. In this case, the tenant The buyer has to deliver it to the lessor immediately. The lessor is authorized to take the vehicle back regardless of place, time and tenant. By signing this contract, the tenant accepts, undertakes and accepts this situation.
5.12. In the event that the lessor receives the vehicle as damaged from the lessee and it is stated in the traffic accident report that the accident is caused by the fault of the lessee or in any way, the lessor determines that it is due to the fault of the lessee, the damage to the vehicle, the damage related to the days when the vehicle is out of work and power, and the value that may arise in the vehicle. may claim the loss together with all its accessories. The tenant also agrees and undertakes to pay this. In such a case, the lessee agrees and undertakes that he will immediately pay the lessor in proportion to the defect of the said damage, loss of value of the vehicle, loss of commercial earnings, and other damages inflicted by the lessor. The parties acknowledge and agree that the lessor has the right to claim all receivables that have arisen or will arise under this contract by directly initiating legal action against the lessee. In addition, the lessee accepts, declares and undertakes that in the event that the lessor does not pay any of the receivables arising from this contract, in case of a request for provisional attachment or provisional injunction, the lessor is authorized to take a provisional attachment and provisional injunction decision without providing any security.
ARTICLE 6- PAYMENT
6.1. Tenant will make payments by cash, credit card, mail order or money order. If it is decided that the payment will be made in installments or in splits; In case of non-compliance with the specified payment days, the remaining balance payments become due without any notice or warning. By signing this contract, the tenant expressly declares and undertakes that he/she accepts this issue. In addition, tenants working with a current account will make their payments within the specified period against invoice. If the tenant does not make the payment within the given period, the CBRT accepts and undertakes to pay with the highest bank interest as of the invoice date. The tenant is personally responsible for the accuracy of all information and documents given regarding the invoice. They agree and undertake that if the invoice is issued and the tenant are separate persons, both parties will be jointly and severally liable for the debt.
6.2. Final calculation result is determined at the end of the lease. Payments can be made in Turkish Lira or in foreign currency accepted in the Republic of Turkey or by credit card. For payments in foreign currency, the CBRT effect at the time of payment in Turkish Lira is calculated over the selling rate.
ARTICLE 7- RETURN OF THE VEHICLE
7.1. If the tenant wants to return the rented vehicle early, no refund is made. Also; In case the vehicle is delivered by the lessee earlier than the time specified in the contract, for leases longer than 6 months; The lessee shall pay the lessor 1 month's rent as a penal clause. With the signing of this contract, the tenant has accepted, declared and committed this situation.
7.2. If the lessee has an accident with the rented vehicle in any way, unilaterally or bilaterally, if the accident is within the rental period and if the accident, due to its nature, requires the vehicle to be in service; and the lease is for less than six months; The lessee knows that no substitute vehicle will be provided for the remaining rental days by the lessor, and accepts and undertakes that the rental contract will be terminated by the lessor as of the accident date without notification. In this case, the tenant knows and accepts that the fee for the remaining days will not be refunded. However, if the rental period is more than six months, a replacement vehicle in the same segment will be supplied to the lessor by the lessor. This also applies if the vehicle breaks down in the hands of the tenant during the rental period.
7.3. The tenant accepts that there are no signs of damage or accident during the delivery of the vehicle, other than those defined in the vehicle delivery form. By signing this contract, the Tenant; the vehicle is undamaged, five tires are in good condition with the spare, and it is delivered intact with the tools, documents, license, key, all accessories and equipment related to the vehicle; He accepts that he will return the vehicle in full and at the place where he bought it, unless an agreement is reached on the day and time written in the contract. If the vehicle is not delivered to the place where it was taken, the lessor will pay the driver, petrol and tow truck, etc. to take the vehicle back. Extra costs will be borne by the tenant. With all these; If the vehicle is not delivered to the lessor on the day and time specified in the contract, the rental fee will continue to be processed for each day. Also; If the tenant does not return the documents belonging to the vehicle (motor vehicle registration certificate, motor vehicle traffic certificate, insurance policy, plates) etc. at the time of return of the vehicle, he will pay the rental fee for the period until he finds and delivers them, in case of loss; Receipt of new documents with the loss of business of the vehicle It accepts and undertakes to pay the necessary expenses and to compensate for any other damages that may arise.
7.4. In the event that the lessor detects the existence of deficiencies and defects that cannot be determined by ordinary inspection during the receipt of the vehicle after the vehicle is delivered to him, if there are deficiencies or damage in the vehicle during the use of the lessee, it is obliged to notify the lessee of this situation as soon as it is detected, and the lessee is obliged to remedy this damage.
7.5. If the lessee wishes to extend the lease, he must obtain the written consent of the lessor. It is not possible to extend the lease agreement without the written consent of the lessor.
7.6. The lessor is in no way responsible for the objects and belongings that are carried, left in the vehicle or forgotten in the vehicle after the vehicle is taken back from the tenant. The lessee agrees and declares that he will check the rented vehicle and deliver it to the lessor.
