VEHICLE RENTAL CONTRACT
This Vehicle Rental Contract has been signed by and between the Turibo Turizm Ta§imacilik San. ye Tic. Ltd. $ti. having principle place of business at the address of Yeniehir Mah. Baku Cad. Arma Residence A Blok No:6 KAT:1 D:53 Pendik /ISTANBUL Pendik Tax Office: 7420309701 (hereinafter referred to as Company) on the one side, and real or legal persons, the renter of which address is written at the vehicle delivery form on the other side (hereinafter referred to as Customer) (the delivery form is integral part of this contract).
B) Subject of the Contract
Company and Customer have been agreed on the particulars below in hiring the vehicle of which plate, brand — model is specified in the delivery form which is also integral part of this contract.
C) Basic Principles Requiring the Customer to Observe
1) The hired vehicle shall be only used by the customer in accordance with this contract, the customer irrevocably declares and commits itself to pay all amount of damages caused by the Customer at the vehicle or by 3rd parties at the vehicle in the event person other than the Customer has used the vehicle, and the Company shall not pay any amount, in addition, the Company shall unilaterally terminate this contract, and the Customer shall pay 1 year of rental fee to the Company as penal clause.
2) However, if the extra driver/ drivers who will use the vehicle shall be specified in this contract, 1st paragraph of the article "C" shall not apply for the extra driver/drivers.
3) The Customer has taken the delivery of the license, traffic, insurance, spare tire, CGS or HGS equipment, traffic kit, fire extinguisher and key in the hired vehicle, they are all under responsibility of the Customer.
4) Customer agrees that he has taken delivery of the said vehicle in good condition in terms of both mechanic and bodywork, and there is no damage or mark of accident at the vehicle (except for those other than Vehicle Delivery Form). Customer agrees and commits itself to pay all damages and losses, fines at the first demand, including all kind of mechanic, electric and other 3rd parties demands which are not claimed and collected from the insurance companies within the scope of the rules of the traffic insurance and occurred because of misuse and/or negligence and incautiousness at the vehicle delivered in good conditions. (For example; breakdown of transmission because of faulty gear change, continue to drive a vehicle even oil and overheat warning light etc. illuminates, damages while passing from deep waters like river etc., damages occurred because of hitting below of vehicle, damage of parts like tire and rim, alcoholic driving etc.)
5) The customer has to exhibit all the fuel slips during the rental time. Otherwise; the customer confirms to pay for all the mechanical damage and the company's dent in earnings during the repairing time in cash and in full immediately.
6) The vehicle which is used by the Customer and specified above is protected with the conditions of the traffic accident. If the Customer wants to provide protection with the guarantees of theft, damage, financial liability and personal accident presented to him at the moment of signing the rental contract in order to provide exemption of damage and loss for him, 3rd parties and hired vehicle, the Customer has right to utilize by means of paying their guarantee premium amount and additionally paying in cash. Otherwise, Customer exclusively assumes all kind of administrative, penal and legal (compensations, fines etc.) responsibility. However Customer is obliged to pay even if the
Customer accepts the traffic insurance, damage guarantee and damage costs occurred as a result of impacts on upper part of the vehicle or bodywork (occurred by bridge, balcony or any item).
7) Customer is obliged to pay all damages, compensations and costs etc. uncovered by the automobile insurance or traffic insurance to the company under any circumstances. In addition, in the accidents with death, injury and similar accidents, the Customer shall not claim any compensation and cost from the Company under any circumstances; the Customer is obliged to pay all costs uncovered with the traffic accidents in the damages occurred in 3rd parties (In case of it is requested from Customer and its cost is paid)
8) Customer is obliged to get vehicle locked when the customer does not use, protect in safe place, and use the security device if it is given to Customer or mounted on the vehicle. the Customer agrees and declares to pay all damages arisen from failure to protect the vehicle in safe, and all damages occurred in the event the Customer delivers the contracted vehicle to the parking lot, valet and 3rd parties for similar reasons (vehicle cost in case of vehicle is stolen, damage cost in case of damage at the vehicle)
9) Customer is obliged to use the vehicle by observing safe use, in accordance with road conditions, speed limitation and all traffic rules and protecting against circumstances that can cause damage.
10) Customer is obliged to check oil levels of the vehicle, keep tire airs at the necessary limits, and use with right and correct fuel. If the Customer shall not complete brakes, clutch, gearbox or engine oil coolers, fluid levels of the vehicle, and determines lack of lighting any warning light or failure at the vehicle, then the Customer is obliged to inform the Company. The Customer is obliged to inform the Company at least 750 km prior to the periodic maintenance of the vehicle (specified to the Customer at the delivery form). Customer agrees, declares and guarantees to pay all costs caused by failure to observe this obligation.
11) As long as this Vehicle Rental Contract continues, having capacity of operator of the vehicle the Customer is obliged to use the vehicle in accordance with the Highways Traffic Law, Traffic rules and other rules. The Customer is obliged to inform Company of any crime, parking fine, traffic fine, damages caused by towing vehicle, monetary damages, unduly passing from OGS and HGS and actions contrary to law as well as laws related to the period when customer keeps the vehicle, during rental period or after expiration of rental period. Customer is obliged to accept, declare and guarantees to pay all damages occurred in case of failure to observe conditions as specified in this article.
12) Customer is obliged to pay to Company all damages in case vehicle is kept by the authorities, because of acts and behaviors of the Customer contrary to the laws, giving precaution to the vehicle, seizure of the vehicle, then the Customer agrees, declares and guarantees to pay all profit loss of the Company and other damages in cash and full.
13) Customer agrees and declares that he is responsible for all damages occurred as a result of improper use of the vehicle at places like land and sand and hitting vehicle on bridge and gaps, damage of engine and other parts because of using this kind of places, damages because of entering water to vehicle and other damages occurred by the Customer.
14) Customers shall not make any changes to the vehicle, and shall not insert the vehicle in any way, luggage rack, bicycle carrying straps and so on instruments. The customer agrees, declares and undertakes to take delivery of the vehicle as it will be delivered to the Company as acceptance.
15) Customer delivers the vehicle at the end of rent, while checking the vehicle the Customer is obliged to take all personal belongings; customer shall not hold Company responsible for a personal belongings inside the vehicle, alleging that he forgets them.
16) Customer or extra driver by contract specified or the Company's written consent and permission, cannot use the vehicle for illegal works, cannot use the vehicle for purpose of teaching someone to drive, shall ot make speed test on vehicle, shall not use to participate in race, shalt not use the vehicle other than boundaries of Turkey, shall not use the vehicle on areas closed to traffic, shall not use the vehicle in towing other vehicles or pushing other vehicles, shall not use the vehicle in transportation of goods and items contrary to the regulation, and shall not commercially use in transportation of passengers and freights as specified in the laws and traffic rules.
17) Customer shall not apply any sticker etc. applications related to the advertisement on contracted vehicle. Otherwise, Customer agrees, declares and undertakes to pay damages occurred in the vehicle to the Company.
18) Customer shall not transfer this rental contract to others, and shall not transfer obligations with this contract.
19) if the Customer or extra driver uses the hired vehicle, having capacity of operator of the vehicle, Customer assumes all kind of legal and penal responsibility given to other vehicles and 3rd parties for any reason; Customer agrees that the Company has no responsibility, and that pay in immediate, cash and full the cost if the Company requires to pay any cost, otherwise, Customer agrees, declares and undertakes that Company applies all legal ways on Customer and all court costs and attorney's fee shall be charged to Customer.
20) The Customer already irrevocably agrees, declares and undertakes that the Customer is responsible for failure to observe necessary rules, acting contrary to the obligations mentioned in this contract, failure to observe this spoken or written rules, failure to take necessary precautions, failure to inform police in case of unilateral accidents, theft etc, failure to provide keeping report in double sided accidents, failure to make alcohol tests, and failure to inform Company, then the Customer is responsible for all damages occurred in the vehicle, and damages in cash and full to the company.
21) Customer agrees, declares and undertakes that the Company can take cost if the Customer does not observe obligations at this contract, for this reason, if the damages occur, all costs required Customer to pay to the Company in accordance with this contract can be taken from the credit card of which the Customer has given. Company can take payment of all costs from the credit card of the vehicle, the Customer irrevocable agrees, declares and undertakes that the Company can request Customer to pay in cash and full, without any notification or declaration to the Customer from the credit card, if the Company claims, then the Customer immediately pay the necessary costs in cash and full in accordance with this contract.
D) Cost, Payment Term
The hired vehicle has been hired with the cost as specified in the vehicle delivery form by the Customer; this cost shall be paid to the company by credit card or in cash.
The preliminary provision shall be blocked from the Credit card of the customer against approximate amount and exempted amount at the beginning of the rent. Customer irrevocably agrees, declares and undertakes not to object the costs obliged to pay in this contract and rental fee with the preliminary provision, damages and loss fee. Customer shall make the payments with credit card. Customer agrees, declares and undertakes that the costs become due as of date of invoice without need of notification and declaration in case of failure to pay rental fee and other costs within scope of the contract and legal payments, and obliged to pay default interest in two times of the advance interest rate of the Republic of Turkey Central Bank as of date of invoice.
E) Payments to be paid by Customer
1) Fuel costs must be paid by the customer. (Customer is obliged to deliver the vehicle with the fuel level as specified in the fuel vehicle delivery receipt to the company), the Customer agrees, declares and undertakes that if the Customer brings the fuel level of the vehicle below the level the Customer takes, then the Customer pays the missing fuel costs and a 25% service charge to the Company.
2) 4.8. All expenses related to fuel, car parking, HGS, OGS and highway. bridge toll fees and traffic fines, interests and accessories thereof shall be paid by the Customer. Although the rental period is over, the Customer shall be responsible for all fines issued within the rental period. Even though the fine receipt is issued only with the license plate's number without name and signature, the Customer shall accept to pay the fine without any discount and with all default interests, if any. The Customer shall not request from the Company to object expenses related to OGS. HGS. bridge and highway etc. tolls and traffic fines. S/he shall not avoid paying for the fine fees incurred due to lack of objection in the Customer part or demand anything from the Company. In addition. the Company is authorized to collect from the Customer credit card and/or from safety deposit such expenses related to car parking, OGS. HGS. bridge, highway toll fees and traffic fines, interests and accessories thereof without waiting for the end of the rental period and needing any consent or notification.
3) The Customer is obliged to pay fines or costs requested by any organization, If any organization or authorities request the information of the Customer, then Company has right to inform information to the organization and/ or authority.
4) If the vehicle is stolen during the time requiring repair of the vehicle caused by fault of user, then the Customer agrees, declares and undertakes to pay all other costs arisen from standby time and similar reasons.
5) If the Customer is faulty, then the Customer agrees, declares and undertakes to pay damage repair costs and vehicle cost in case the vehicle is stolen.
6) Customer is obliged to take delivery of vehicle from the address of the Company and deliver the vehicle to the same address of the Company at the end of rental period. Otherwise, Customer agrees, declares and undertakes to pay costs occurred for delivery and taking delivery of the vehicle.
7) If the Customer shall not pay all costs in time obliged to pay with this contract, monthly 5% interest shall apply to these costs. Customer agrees, declares and undertakes to pay costs of which Customer is obliged to pay with this contract, VAT, other taxes and stamp tax of this rental contract.
8) The customer agrees, declares and undertakes that while the vehicle is under responsibility of the Customer, if there is requirement to issue new license, plate and key because of loss of license, plate and key, then Company can take payment of those costs from the credit card of the Customer without any notification or declaration, if the Company requests, Customer immediately meet the costs in cash and full in accordance with the contract.
9) Customer agrees, declares and undertakes to pay the towing costs of the vehicle after accident by the police or special towing machine. In addition, Customer agrees, declares and undertakes to pay insurance exemption amount per accident as specified in the contract delivery form.
10) The customer agrees, declares and undertakes that if the vehicle is stolen, from the day the vehicle is stolen to present day or in case of failure to find the vehicle, the vehicle cost of the insurance (the customer requires to specifically demand the vehicle as insured) shall be paid to the Company and rental fee shall be paid to the company for this period by the Customer.
F) Duration of Contract
1) On the date of return as specified in the contract (delivery form) the Customer is obliged to deliver the vehicle to the Company. Even if the Customer wants to deliver the vehicle to the company before duration of the contract, then the Customer agrees, declares and undertakes to pay the fee as specified with the duration of the contract to the company.
2) If Customer shall not observe principles as specified with this contract and 1 or following conditions shall apply, then Company can unilaterally terminate this contract.
a) If Customer shall not make payment on the payment date with the payment term as specified in article "D" of this contract then Company can unilaterally terminate the contract without any notification. In this case, Customer is obliged to immediately deliver the vehicle; also Customer irrevocably agrees, declares and undertakes that the Company can take vehicle back without any information. Company has right to apply all legal ways, file a complaint to the prosecutors' office and file a complaint to the concerned authorities about the Customer.
b) If the company has knowledge of enforcement actions about the Customer because of debts, then Company can unilaterally terminate this contract. in this case, Customer is obliged to deliver the vehicle, in addition, Company has right to apply all legal ways, file a complaint to the prosecutors' office and file a complaint to the concerned authorities about the Customer.
c) if the Customer is a Company, and the Customer enters into litigation, trustee is appointed to the Company, if property of customer is seized and enforcement proceedings start for the debts of the customer, then Company unilaterally terminates this contract. In this case, Customer is obliged to immediately deliver the vehicle. Otherwise, Company has right to apply all legal ways, file a complaint to the prosecutors' office and file a complaint to the concerned authorities about the Customer.
d) at the end of rental period as specified in this contract (return date specified in this delivery form) and / or unilaterally termination of this contract by any parties for any reason or without any reason, then Customer agrees, declares and undertakes to immediately deliver vehicle to company. Otherwise, Customer irrevocably and already agrees, declares and undertakes that Customer obtains the vehicle illegal, this particular constitutes crime, if the vehicle is used other than rental period and/or by someone other than Customer, and/or vehicle is used in illegal way, then the Customer shall not benefit from any insurance and guarantee in sense of damage and responsibility, and shall not benefit from any legal right; the Company can take the vehicle back without any notification to the customer, in addition vehicle cannot be delivered on the date of delivery then Customer pays daily 200.-USD (two hundred US dollars) to Company as penal clause as of the date of delivery.
G) Termination of the Contract and Penal Clause
1) if Customer wants to terminate this contract in rental period after signing this contract of the vehicle with terms and conditions as specified in this contract, then Customer already agrees, declares and undertakes that the customer shall pay all rental period as specified with this contract, the responsibility of the Customer continues in all events under responsibility of the customer, and if the rental fee shall be paid to the company, then the customer shall not claim return of this fee.
2) The Customer shall agree, declare and represent that the company does not need to present any security deposit if a provisional attachment or injunction is ordered en case of failing to pay the rental fee.
H) Notification address of parties
These addresses are the addresses specified in the delivery form which is integral part of this contract, the notifications to that addresses are accepted as duly delivered. In case of change of addresses by either party, new addresses shall be informed to other party, and new address shall be new notification address and the notifications to that new address is accepted as duly delivered.
I) Competent Court and Law
In case of disputes between parties within scope of this contract, Istanbul Anatolia Courthouse and Enforcement Offices are authorized; Turkish Law applies.