Eurogarage Rent A Car

EuroGarage, the address and trade name of which are mentioned on the front page hereof, as the LESSOR of the car, the license plate number and model year of which are mentioned herein, shall hereinafter be referred to as “the LESSOR” and the party, the name, surname, and signature of whom are found on the same page, taking deliver of the car to use the same shall hereinafter be referred to as “the RENTER”.

Article 1: GENERAL CONDITIONS

A. The LESSOR has let the car, owned by him, to the RENTER for a predefined period provided that the latter complies with the terms and conditions that are further explained below. By signing this contract, the RENTER agrees that he took the delivery of the car in a non damaged, sound, and perfect condition together with its five wheels, including the spare wheel, tool sets, relevant documents (Motor Vehicles Registration Certificate, Motor Vehicle Traffic Certificate, Insurance Policy, maps, etc…), and all of its accessories and that he shall return the car on the date and hour as specified by the contract in the place where he took the delivery of the car, unless otherwise agreed. In the cases where the car is taken over and returned in a place other than the LESSOR’s address, all of the expenses arising in connection therewith shall be covered by the RENTER.
B. The RENTER hereby agrees and undertakes that
I. He shall neither use nor let third parties use the car in such a manner that is contrary to Turkish laws, notably customs law and firearms legislation, and he shall neither use nor let third parties use the car for transporting the articles that are prohibited by the law and for other illegal acts;
II. He shall neither use nor let third parties use the car for a race, speed trial, rally, durability test, motor sports, and on the roads inappropriate and closed to traffic, mountainous terrains, sand, marshland, stream bed, and similar places for the wrong purposes and on the roads and places that are not appropriate for its endurance limits;
III. He shall not use the car while being sleepless or after having taken narcotizing medicines or medicines that reduce brain reflexes or mobility or while being under the influence of drugs or alcohol and he shall not let third use the car under these circumstances;
IV. He shall by no means use the car for towing, pushing or carrying another car or other mobile or immobile objects;
V. For carrying passengers in violation of the number prescribed traffic rules and a cargo or goods outside of the boot;
VI. For carrying goods or passengers in return for a remuneration through both written or oral agreements regardless of the mode of payment;
VII. He shall not let third parties, other than himself and the persons mentioned in contract as drivers, use the car in return for a remuneration or gratuitously and he shall not let out and lend the same.
C. The RENTER shall by no means make any modification or add any part to the vehicles, which are the subject-matter of Car Rental Contract without the prior written consent of the LESSOR.
D. While using the contract subject-matter vehicle, the RENTER shall not push the technical limits by paying the required attention and diligence, shall take the required measures in case of a breakdown without worsening the failure by performing the reasonable maintenance and checks, and apply to the LESSOR’s servicing station.

E. During the contract execution, the RENTER must be over the age of 18 and submit his/her national or international driver’s license of one year as a minimum. Without obtaining the LESSOR’s consent, the RENTER may not let third parties use the car. In this case, the LESSOR shall register the identity, address, and driver’s license details of the third party, who will use the car, in the contract and have the same signed. Otherwise, insurances, damage guarantee and immunity shall be invalid and all of the damages to incur shall be compensated by the RENTER and the LESSOR shall, if he so wishes, forfeit the RENTER’s deposit referred to in Article 2.
F. After taking the delivery of cars, the RENTER shall automatically assume the responsibility of safeguarding and protection. In case the car is stolen while being rented, the RENTER shall inform the LESSOR thereon within 24 hours at the latest and shall, meanwhile, proceed with the legal procedures. Losses of right and damages that may stem from the RENTER’s failure to proceed with the legal procedures fully and perfectly shall be covered by the RENTER. In case the stolen car cannot be found within 45 days, the LESSOR may request the RENTER to pay the current market value thereof. The RENTER hereby agrees and undertakes to pay the rental for each day between the day on which the car was stolen until the collection day of its compensation from the insurance company. Even if the car is found later, the rental amount up to that day shall be paid by the RENTER. Besides, since it is obligatory to deliver the car’s original keys to the relevant insurance company, the RENTER must, within 24 hours at the latest, deliver the car’s original fabrication ignition keys to the LESSOR. In the cases like the failure of the RENTER to deliver the original fabrication keys, to fulfill the legal procedures fully and perfectly, etc…, the RENTER shall, upon the written request of the LESSOR, pay the vehicle’s current automobile insurance value and vehicle buying tax, together with the notary expenses, briefly the market value thereof on turnkey basis fully and in cash.
G. In case of a failure by the RENTER to return the vehicle’s official documents (Motor Vehicles Registration Certificate, Motor Vehicle Traffic Certificate, Insurance Policy, license plates, etc…) to the LESSOR during delivery, he shall pay the rental covering the period until he finds and returns the same and also the expenses to incur for obtaining new ones in case of a loss.
H. Even without the RENTER’s fault, where the execution offices or other official authorities decide to confiscate or seize the car as a result of an event during the rental period, the RENTER hereby agrees and undertakes to pay all kinds of expenses for completely recovering the car and the rentals deprived of during this period.
I. The RENTER bears the maintenance and reparation responsibility during the rental period. Maintenance and reparation can be made on the basis of the LESSOR’s approval in writing and only by the authorized and contracted servicing stations of the LESSOR. The RENTER shall, during the rental period, have the vehicle’s periodic maintenance (lubrication, oil change, etc…) performed and the expenses of approved procedures shall be returned to him against detailed invoices made out in the name of the LESSOR. Reparations, spare parts, and tire replacement performed as a result of normal use shall be on the account of the LESSOR. However, the expenses of reparations, spare parts, and tire replacement performed as a result of unusual utilization or accident, damages and expenses incurred as a result of freezing, and carriages for transportation to the place where it was rented in case the car cannot move for similar reasons shall be borne by the RENTER.
J. The RENTER hereby releases the LESSOR in advance from any responsibility of, including the expenses in connection therewith, the loss of or damages to any goods that were carried and left in or on the vehicle by himself of third parties before or during the rental period or following the return of the vehicle to the LESSOR.
K. The rental period of one day consists of 24 hours. Weekly and monthly rental periods are calculated on the basis of 7 and 30 days respectively.
L. The LESSOR may, without being obliged to give a reason or pay a compensation, to cancel the contract and refrain from extending the same. He may get back the vehicle at any time without the informing and receiving the consent of the RENTER.
M. Unless otherwise agreed upon by the parties in writing, any modification and addition to the provisions and conditions shall be null and void.
N. The RENTER may take the car out of the country on the basis of the LESSOR’s consent and permission in writing. Otherwise, the vehicles shall be used within the borders of Republic of Turkey.
O. The RENTER shall make the payments of gas, bridge, highway fares, parking expenses, etc… as long as he uses the car. In case of ticketing as a result of the RENTER’s failure to observe the traffic rules while driving, he shall pay the fine amount within the legal period and furnish the LESSOR with the tag within one workday following the ticketing date. In addition, the RENTER shall also be responsible of paying the costs and penalties, interests, and other accessory obligation that will accrue later and requested from the LESSOR as a result of imperfect and late payment of the expenses in question.
P. The RENTER may under no circumstances transfer, assign, and put in pledge his contractual rights or the car and equipment and devices therein and use the same to the LESSOR’s disadvantage. Failure to comply with this undertaking shall entitle the LESSOR to request the return of the car forthwith without giving any reason or making any payment.

Article 2: PAYMENT

A. Final account shall be established at the end of the rental period according to the price list valid on the contract execution date. The LESSOR may, where he deems necessary, request a deposit at an amount to be established by him. The payment is made on the basis of Turkish Lira. The payment can also be made in a foreign currency to be calculated on the basis of official exchange rate. In addition, valid credit cards shall be treated as cash provided that they do not exceed the validity limit. The RENTER may extend the rental period by giving a 48 hours notice and following the LESSOR’s consent and provided that he adds the required amount on the rental deposit.
B. In case of a failure to collect the deposit from the RENTER under the provisions of the foregoing paragraph, the LESSOR shall make out an invoice for the services hereunder and shall send the same to the RENTER’s address specified herein and the RENTER shall fully and in cash make the payment of the relevant amount to the LESSOR’s bank account within … days at the latest following the date of invoice reception.
C. In case of a failure to pay all kinds of rental fees within 10 days following the notification date, a monthly default interest of 5% shall be collected from the RENTER for each delayed day.

Article 3: INSURANCE, DAMAGE GUARANTEE AND IMMUNITY

A. The LESSOR has, in accordance with the Highway Code, bought a “Mandatory Indemnity Insurance” policy for the vehicle. This insurance coverage is bounded with the limits specified by the insurance policy to which the vehicle is subject during the rental period. All kinds of financial liabilities (material, corporal, immaterial damages, etc…) exceeding such amounts shall be on the account of the RENTER and where the LESSOR is obliged to make a payment exceeding the insurance policy amounts shall be entitled to recourse to the RENTER. In case of a failure to pay the requested amount timely, the RENTER hereby undertakes to pay the same with a monthly interest of 5%.
B. The personal accident insurance is bounded with the limits acquired by the LESSOR from the insurance company. In order to make use of this insurance, the RENTER shall pay the contribution premium as prescribed by the current rental price list and specify his insurance request by signing the relevant section.
C. The RENTER shall be held responsible of the entire material and immaterial damages payable by the LESSOR as a result of an accident.
D. Where, in case of an accident, the RENTER is faulty and where the contract subject-matter car, another car or third persons are damaged, the RENTER hereby agrees and undertakes that he shall be personally held responsible of indemnification claims for all kinds of material and immaterial damages as a result of this accident and pay the same personally and that, where the LESSOR is convicted to indemnity and has to pay the same as a result of actions for compensation filed by or indemnification claims made by third parties against the LESSOR as a result of this accident, he shall fully and in cash pay such losses and make their payments together with the accessory obligations thereof upon the first request of the LESSOR without any other notice of warning.
E. The RENTER’s obligations and responsibilities in case of an accident;
I. He shall timely and duly fulfill all of his contractual responsibilities.
II. The fault should not be completely attributable to the RENTER or the persons, for the acts of whom he is responsible of, or the car’s driver.
III. The losses to incur as a result of the theft of something from the car (car radio, spare tire, tool set, etc…) do not fall within the scope of coverage and the relevant responsibility resides with the RENTER.
IV. The RENTER shall directly be held responsible of accidents caused by a driver that is under the influence of alcohol or drug and does not hold a valid driver’s license and of accidents caused by the goods carried and to which the goods give rise.
V. Where the LESSOR may not make use of the insurance indemnification in part or as a whole due to all kinds of acts and negligence that are not attributable to him, he shall be entitled to recourse to the RENTER for the losses that he cannot collect and for the indemnity of suspension of car’s rental.

During the reparation period, the LESSOR’s loss of profit (as a result of suspension of the damaged car’s rental) according to the current car rental price list do not fall within the scope of insurance, damage guarantee and immunity.

VI. Tire reparations, headlight and tail light breakings and similar damages that do not fall within the scope of insurance coverage shall be borne by the RENTER.
VII. Since tire puncture / rupture / swelling, theft of spare tire, hubcap damages, theft of radio, other than the cases where radio head held by the driver, theft or loss of hubcap, damage to the automobile registration, license plate, fire extinguisher, and similar tool kits on the car, damage to the car’s engine or mechanical parts as a result of poor fuel use, etc…, which may result from the driver’s faults other than accident and manufacturing faults, do not fall within the insurance coverage, the RENTER shall be held responsible of indemnifying the expenses to be incurred by the LESSOR for such reasons. In case of damages to the car’s mechanical parts (clutch, front frame, engine, etc…) and to the tires and wheel rims other than accidents and manufacturing faults, the LESSOR’s expertise shall be taken as a basis.
VIII. The RENTER shall solely be responsible of all kinds of damages and/or damages to third parties and rights and claims of the same that may arise during the rental period or the period in which the cars are at the actual disposal of the RENTER. In case the LESSOR is obliged to cover the damages and claims in question by any means, the RENTER hereby agrees and undertakes to pay the amount subject to recourse by the LESSOR fully and in cash without a court order.
IX. For the insurance to be valid, traffic accident report should be kept before removing the car from accident scene and, in case of a traffic accident, the RENTER or the person authorized to use the car by he RENTER shall immediately have the alcohol and traffic report prepared. The RENTER should acquire the names, permanent addresses, driver’s license photocopies, and, if possible, the names of insurance companies providing the optional traffic and comprehensive insurances together with the policy numbers belonging to the drivers, if any, involved in the incident.
X. The RENTER shall personally be responsible of the entire stages until the breath test is made and traffic report is received. In case the car is involved in an accident, stolen or hijacked, the report, notice, and similar judicial documents explaining this situation must be delivered to the LESSOR’s authorized personnel within 24 hours at the latest in Istanbul and within 48 hours in other provinces and districts unless he is subject to an impeding condition as evidence through a physician’s report. In case of a failure to notify timely or deliver the documents in due time, the RENTER shall pay the damages and rental for the period lapsing under reparation. For the accidents of 1000 TL and over, a wear and tear cost of $250 shall be requested.

Article 4: MISCELLANEOUS PROVISIONS

A. In case of disputes, the records of Ayhan Otomotiv ve Turizm shall prevail and Istanbul Courts and Bailiff’s Offices shall have the jurisdiction and the addresses given in the contract shall be deemed as valid addresses for service.
B. The RENTER shall immediately notify the RENTER about the official warnings, notices, executive proceedings, and actions to be received by him and request the court to notify the RENTER. In case of a failure to raise legal objections in due time and to immediately notify the LESSOR in writing about the proceedings/actions, the party failing to make a notice shall be responsible of the outcomes thereof.
C. The RENTER shall, upon termination of this contract, immediately deliver the car to the LESSOR without any notice or official warning under the clean, defect-free, perfect, maintained and operating conditions as he took the delivery of the same. Early delivery of cars shall by no means create a discount right in favor of the RENTER. In case of a late delivery, the RENTER hereby agrees and undertakes to pay 100.- (onehundred) US Dollars per day in addition to the rental for each day of late delivery without having recourse to any force majeure case.
D. During the deliver of the car, all kinds of damages to the car, except for any wear and tear in the car as a result of normal utilization, shall be established by the LESSOR in writing and such damages shall become immediately payable by the RENTER.
E. The RENTER hereby agrees and undertakes that he shall immediately pay all kinds of expenses together with the default interest where the LESSOR has to file an action or initiate executive proceedings. Executive Collection and Jail Charges and attorney’s fees shall be borne by the RENTER.
F. A deposit amounting to ………………… has been collected from the RENTER for observing the contract provisions and this deposit cannot be misused.
G. If any provision of this contract has become unenforceable and invalid under the laws of Republic of Turkey, only the provisions in question shall be deemed invalid and unenforceable. The remaining provisions hereof shall be deemed valid as if such a provision does not exist provided that the invalidity and nonenforceability in question do not entirely harm the purpose of this contract or injure the interest of any of the parties.
H. The parties hereby represent that they have read this car rental contract consisting of 31 Articles and that agree and undertake the text and application thereof.