Rental Agreement

GENERAL TERMS AND CONDITIONS FOR MOTOR VEHICLE RENTAL AGREEMENT

1- PARTIES:
This Motor Vehicle Rental Agreement General Terms and Conditions (hereinafter referred to as "General Terms") has been entered into by and between Netur Otomotiv Sey. Acn. İnş. Taah. Ve Tur. San. Tic. Ltd. Şti. (hereinafter referred to as "EURAUTO") with its headquarters at Atıfbey Mh. 67 Sk. No:47 MIA PLAZA Gaziemir / İzmir, and the natural or legal person signing this agreement (hereinafter referred to as the "LESSEE").

2- DEFINITIONS:

  • LESSOR (EURAUTO): Refers to Netur Otomotiv Sey. Acn. İnş. Taah. Ve Tur. San. Tic. Ltd. Şti.
  • LESSEE: Refers to the natural or legal person who signs the general terms and conditions of this rental agreement and its annexes.
  • USER/DRIVER: Refers to the driver(s) specified in the vehicle delivery form as the person(s) authorized to use the vehicle.
  • VEHICLE: Refers to the motor vehicle specified in the vehicle delivery and return form, which is to be rented for use by the LESSEE during the rental period.
  • GENERAL TERMS: Refers to these General Terms and Conditions for Motor Vehicle Rental Agreements.
  • RENTAL AGREEMENT: Refers to the agreement that includes details such as the group, brand, license plate, and other features of the rented vehicle, as well as the rental duration, rental fees, additional products, insurance packages, and other related terms.
  • VEHICLE DELIVERY FORM: Refers to the document that indicates the delivery of the rented vehicle to the LESSEE, including details such as the vehicle’s condition, mileage, fuel level, license plate, and other relevant information.
  • DAILY RENTAL FEE: Refers to the rental fee payable by the LESSEE for a rental period not exceeding 24 hours, excluding other costs and expenses.
  • MONTHLY RENTAL FEE: Refers to the rental fee payable by the LESSEE for a rental period not exceeding 30 days, excluding other costs and expenses.

3- SUBJECT:
The subject of these General Terms is to outline the rental conditions for the vehicle rented to the LESSEE, the payment terms for the rental and related fees, and the mutual rights and obligations of the parties.

4- DURATION:
The rental period starts on the date and time specified in the Vehicle Delivery Form when the vehicle is delivered to the LESSEE and continues until the date and time specified in the Vehicle Return Form when the vehicle is returned to EURAUTO.

5- VEHICLE DELIVERY AND RETURN:
5.1 The LESSEE accepts that the vehicle will be delivered in good working condition with all necessary equipment (e.g., spare tire, jack, tools) and agrees to return it in the same condition, except for normal wear and tear.
5.2 The LESSEE is responsible for checking and verifying the condition of the vehicle at the time of delivery. Any objections must be made immediately; otherwise, the vehicle will be considered delivered without any issues.
5.3 The LESSEE must return the vehicle at the agreed location, date, and time. Any delay in returning the vehicle will result in an additional rental fee as stated in the Rental Agreement.

6- PAYMENT TERMS:
6.1 The LESSEE agrees to pay the rental fee and any additional fees (e.g., fuel, tolls, fines) as specified in the Rental Agreement.
6.2 Payments must be made in the currency and by the method specified in the agreement.
6.3 If the LESSEE fails to make payments on time, EURAUTO reserves the right to charge late payment fees or terminate the agreement.

7- INSURANCE AND LIABILITY:
7.1 EURAUTO provides insurance coverage for the vehicle as outlined in the agreement. The LESSEE must abide by the terms of this coverage.
7.2 In case of damage or theft, the LESSEE is responsible for the deductible amount or any damages not covered by the insurance.

a) Call the EURAUTO call center at the number 0 850 216 28 11 for information.
b) Without moving the vehicle from its place, visit the nearest police or gendarmerie station to obtain an accident, damage, theft, or loss report, along with an alcohol test report. If an alcohol report cannot be obtained, ensure that the necessary health institution issues the alcohol report within 2 (two) hours from the time of the incident.
c) Take photographs of the vehicle at the accident scene.
d) Obtain the names and addresses of the involved persons and witnesses.
e) Do not accept liability for fault that does not exist.
f) In case of a bilateral accident, obtain a photocopy of the driver's license, vehicle registration, and insurance policy from both parties. (If the driver holds a foreign license, obtain a photocopy of their passport and the page indicating the last entry date to the country).
g) Do not abandon the vehicle without taking necessary security measures.
h) Submit the accident report, along with related records and reports, to EURAUTO within 72 hours from the time of the accident.
ı) In the case of an accident involving material, fatal, or bodily harm, immediately report the situation to the nearest police or gendarmerie officers or relevant official authorities.

7.3 In the case of bilateral accidents, the traffic accident report must be prepared by the traffic police in the following cases:
a) If the driver is using a motor vehicle without a license,
b) If the driver is a minor,
c) If there is suspicion of alcohol or mental health issues with the driver,
d) If one of the vehicles involved belongs to a public institution,
e) If public property is damaged,
f) If only third-party property is damaged in the traffic accident,
g) If one of the vehicles involved does not have traffic insurance,
h) If the traffic accident results in death or bodily injury.

7.4 In case of theft, a theft report must be obtained from the nearest police or gendarmerie station, and the vehicle's key and registration must be handed over to EURAUTO.
7.5 If the vehicle is damaged due to flood, hail, or natural disasters, relevant reports from the traffic police or gendarmerie and weather reports from the Meteorology Directorate regarding the date of the incident must be obtained. Any damages resulting from user actions, such as leaving the vehicle in water or starting the engine in water, are the responsibility of the LESSEE.
7.6 The LESSEE is responsible for the safekeeping of the vehicle and any additional items such as snow chains, navigation devices, baby seats, and documents, accessories, and equipment listed in the rental agreement and/or vehicle delivery form. These items are not covered by the damage repair or vehicle theft insurance. In case of damage, loss, or theft, the current market price on the date of the incident must be paid in full, immediately, and in cash to EURAUTO by the LESSEE.
7.7 EURAUTO is not responsible for any loss, damage, theft, or wear of items left or carried in the vehicle by the LESSEE. The LESSEE cannot make any claims against EURAUTO under any circumstances.
7.8 EURAUTO is not responsible for any damage, loss, or compensation resulting from manufacturing defects in the vehicle or spare parts.
7.9 EURAUTO is not responsible for any damages resulting from the vehicle being out of service.
7.10 Even if the LESSEE has paid for damage insurance packages, these packages will be invalid if used in contradiction with these general terms and the vehicle rental agreement, and the LESSEE will not be able to benefit from insurance coverage or legal rights.
7.11 If the LESSEE wishes to use the insurance packages within the limits specified in the agreement and its annexes, the LESSEE must pay the required amounts as specified by EURAUTO in advance, in addition to the rental price. If the LESSEE does not pay the full, complete, and advance payment for the insurance packages, they will be responsible for all damages, losses, compensation, depreciation, and loss of profits related to the vehicle, driver, other vehicles involved in the accident, and third parties, and will have to pay all such costs to EURAUTO.
7.12 In the event of a breakdown, accident, or damage to the vehicle where the user is not at fault, and if the repairs take longer than 24 hours as determined by the Accident Report, a vehicle exchange will be arranged. The LESSEE must return the temporary vehicle within 1 (one) day after being notified that the repairs on the original vehicle have been completed. If the LESSEE delays returning the temporary vehicle, they will have to pay the rental fee for the temporary vehicle, in addition to the rental fee for the original vehicle. No vehicle exchange obligation exists for damages caused by user error.

8. RETURN OF RENTED VEHICLES:
8.1 If the LESSEE wants to return the vehicle early, EURAUTO may decide whether to issue a refund or not. EURAUTO also reserves the right to request the reward, services, or payment for the advantages gained through campaigns or similar offers. If the rental fee was paid in advance and the vehicle is not collected on time, no refund will be made, and EURAUTO is not obligated to keep the vehicle available during the rental period.
8.2 The LESSEE must apply to EURAUTO for any extensions and obtain written approval. If the LESSEE extends the rental period without written approval, the vehicle will be considered unlawfully held, and EURAUTO may repossess it without any further notice or court order. The LESSEE agrees to not make any claims against EURAUTO in this case and waives any rights to do so. The LESSEE is responsible for any damages or costs during the repossession of the vehicle by EURAUTO.
8.3 The LESSEE must return the vehicle, documents, accessories, and any additional equipment in the same condition as received. The LESSEE is responsible for any damages or losses that are not a result of normal use and must pay the specified amount immediately. EURAUTO has the right to inspect the vehicle and report any damages or missing items within 30 days of return.
8.4 If the LESSEE does not sign the return form when returning the vehicle, the information provided by EURAUTO in the return form will be considered valid. EURAUTO reserves the right to make changes or updates to the general terms and conditions without the LESSEE's approval.
8.5 If the vehicle is not returned on time, the LESSEE will be charged a penalty. For delays of 1 hour or more, the LESSEE must pay 1/3 of the daily rental fee, for 2 hours or more, 2/3, for 3 hours or more, the full daily rental fee, and for delays of 24 hours or more, three times the daily rental fee for each additional day.

9. TERMINATION RIGHTS, EXPIRATION OF THE AGREEMENT, AND PENALTIES:
9.1 These general terms and the rental agreement are effective from the signing date and automatically terminate when the vehicle is returned to EURAUTO according to the rental agreement, vehicle delivery form, and general terms, without requiring any further notice. EURAUTO reserves the right to claim its rights even after the contract has ended.
9.2 EURAUTO may terminate the rental agreement and general terms unilaterally, without any warning or penalty, at any time during the rental period without providing a reason.
9.3 If the LESSEE abandons their business, files for bankruptcy or liquidation, is subject to enforcement proceedings, fails to make timely payments, or the credit card details provided are blocked, reduced, or canceled, EURAUTO may terminate the agreement without any further notice.
9.4 Upon termination of the agreement, the LESSEE is required to return the vehicle within 3 hours to the location specified in the rental agreement and/or vehicle delivery form. If the LESSEE fails to do so, EURAUTO may repossess the vehicle without any notice, and the LESSEE waives any claims against EURAUTO.
9.5 Until the vehicle is returned or repossessed, the LESSEE remains responsible for all obligations under the rental agreement and general terms, and EURAUTO will be free from any responsibilities.
9.6 The LESSEE must pay all rental fees, delay penalties, VAT, and any other fees resulting from the rental period, including the default interest, as stated by the Central Bank of Turkey, even if the vehicle is returned or repossessed.
9.7 The LESSEE agrees to return the vehicle within 3 hours of the termination date, and if delayed, they acknowledge the penalties for delay as mentioned in the terms.

10. TRANSFER, ASSIGNMENT, SUB-LEASING, AND IMPOUNDING PROHIBITION: The LESSEE may not assign or transfer the rental agreement and general terms to another person without written approval from EURAUTO. The vehicle may not be leased or transferred to others, nor can it be taken abroad without EURAUTO’s written approval. If the LESSEE takes the vehicle abroad with permission, they are responsible for all associated costs and liabilities.

11. EVIDENCE: In the event of any dispute, EURAUTO's records and books will be accepted as conclusive evidence.

12. CONFIDENTIALITY AND COMMUNICATION: The parties agree that all business and professional information shared during the rental process is confidential, and this confidentiality extends beyond the termination of the agreement. The LESSEE is responsible for any necessary updates to the contact information, and EURAUTO will use the given contact details to send notices.

13. GOVERNING LAW AND JURISDICTION: The rental agreement is subject to Turkish law, and any legal disputes will be handled by the competent courts in Istanbul, Turkey.

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