Rental Terms

With this contract, the Lessor AYKAN MOTOR SERVIS A.Ş. (hereinafter referred to as "MOBILUP KİRALAMA") has leased the vehicle defined on the front page of the contract (hereinafter referred to as "VEHICLE") to the Lessee whose name and address written. The Lessee declares, accepts and undertakes to use the rented vehicle in accordance with the terms of the contract (rental period, return time, return station, etc.) and to pay the rental fee on time. By signing the contract, the Lessee assumes all obligations related to the rented vehicle. The Lessee accepts, declares and undertakes in advance that he/she will not refrain from signing the Vehicle Delivery Forms (hereinafter referred to as the "Form"), which will be issued during the delivery and return of the vehicle, and which are integral parts of this contract, that if he/she does not sign the Forms, he/she will be deemed to have unconditionally accepted what is written in the Form, and that he/she can submit his/her objections and claims through having an expert appraise, not by refraising the signature, but at his/her own expense, in case of any objection to the content of the Form.

 

1) The Lessee accepts, declares and undertakes that the documents and declarations submitted during the establishment of the contract are completely correct, do not give false information and do not hide any information that will affect the conclusion of the contract. The address declared by the lessee in the contract and its annexes is the legal notification address, and all notifications to be made to this address shall be deemed to have been notified and valid in accordance with the provisions of the Notification Law unless the address change is notified to MOBILUP KİRALAMA in writing.

 

2) The Lessee acknowledges that he/she has received the rented vehicle in good condition, both mechanically and in terms of bodywork, in working condition and as specified in the delivery form issued at the time of delivery.The Lessee accepts, declares and undertakes that he/she has caused all kinds of damages detected during the return of the vehicle other than those specified in this delivery form and that he/she will immediately pay all damages that may occur due to this reason at the time of request.

 

3) The Lessee shall return the vehicle to the branch where it is rented or to the MOBILUP KİRALAMA branch at the place specified in the contract as well as receiving the vehicle, key, all documents, accessory tools, spare tire. At the time of delivery of the vehicle to MOBILUP KİRALAMA, the Lessee is obliged to pay the official documents of the vehicle (Traffic Certificate, Registration Certificate, Insurance, License Plates) and the rental fees for the period until the delivery of the keys and the expenses to be made for the purchase of new ones.

 

4- The lessee is obliged to pay the additional rental fees to be notified by MOBILUP KİRALAMA for the additional services and equipment such as additional driver, baby seat, navigation device, wifi, etc. to be requested during the use of the rented vehicle in accordance with the provisions of this contract.

 

5) The Lessee agrees and undertakes to pay for all damages and losses, including all kinds of mechanical and electrical damages, caused by reasons such as usage error and/or carelessness, imprudence, etc. (including but not limited to transmission failure due to incorrect gear shifting, damage caused by continuing to use the vehicle even though the warning light is on, damage caused by hitting the underside of the vehicle, cigarette burns, tears, stains that require detailed cleaning on the vehicle interior flooring and accessories, damage to components such as tires and wheels, fuel-related malfunctions and damages, etc.). All damages and losses, including these mechanical and electrical damages, are excluded from the scope of insurance and assurances. Only the technical report to be prepared by the vehicle authorized service and/or vehicle manufacturer/distributor company shall be considered valid for the determination of any repair to be evaluated outside the scope of the warranty.

 

6) Use of the vehicle,

a) The Lessee must be over the age of 21 in economic and electric group vehicles and have a driver's license of at least 2 years. For the comfort group, he/she must be over 25 years old and have a driving license of at least 3 years. For economic SUV group vehicles, he/she must be over 25 years old and have a driver's license of at least 3 years. For SUV group vehicles, she/he must be 27 years old and have a 3-year driver's license. For luxury SUV group vehicles, she/he must be 28 years old and have a 5-year driver's license. For sport group vehicles, she/he must be at least 25 years old and have a driving license for at least 3 years. For prestige group vehicles, she/he must be 27 years old and have a driver's license for 3 years. For premium group vehicles, she/he must be 28 years old and have a 5-year driver's license. For luxury group vehicles, she/he must be over 35 years of age and have a driving license for at least 8 years. A maximum of 1 additional driver can be defined for a vehicle. In the event that the age and driver's license periods of the drivers are not suitable according to the vehicle groups, the "Young Driver Package" can be purchased for the specified conditions and price. The provisions of the “Young Driver Package” do not apply to certain branded vehicles (Audi branded vehicles, etc.) and Premium and Luxury group vehicles.

b) The driver must have completed the specified age limit and driver's license period.

c) The vehicle can be used by drivers who are notified by the Lessee at the beginning of the rental and whose names are registered on the contract and who have the conditions defined in (a), (b).

d) Changes to be requested regarding the insurance coverage after the start of the rental period are possible with the renewal of the contract after the necessary controls are provided by the MOBILUP KİRALAMA officers at the nearest location.

e) It is strictly forbidden to sublet the rented vehicle by the lessee and to make it available to third parties for a fee. If such a situation is detected, Articles 15 and 22 of this contract come into play. The lessee is obliged to ensure that the person authorized to use the rented vehicle complies with all the conditions of this contract. Only the person (s) specified in the contract and delivery form can use the rented vehicle. In the event that third parties not specified in the contract use the vehicle in violation of the contract, in accordance with Articles 15 and 22 of this contract, the vehicle is confiscated by the Lessor without any notice to the lessee and no damage insurance is valid for damages that may occur due to this use. The lessee is exclusively responsible for any direct and indirect damages that may arise in the presence of both the Lessor and third parties due to this use contrary to the contract.

f) In all your rental transactions, you must present your old or new identity documents as well as the driver's license suitable for the rental vehicle class.

 

7) The rental period is minimum 24 hours. For rentals shorter than this period, the rental fee will be calculated as 1(one) day. The Lessee is obliged to pay the rental fee at the beginning of the rental. Vehicle prices are subject to a dynamic system based on occupancy and vary.

 

In addition to the rent, the Lessee shall also pay;

1. Delays of up to 2 hours are free of charge, and in case of delays exceeding 2 hours, the rental fee for 1 day,
2. The one-way fee that will emerge at the end of the rental,
3. The fuel price arising from the failure to deliver the fuel delivered with the full tank as a full tank on return and the service fee to be applied at the rate of 20% of this price, 
4. Highway tolls and the service fee to be applied at the rate of 20% calculated over these fees,
5. Since fuel, all kinds of parking and transportation costs and all kinds of ancillary expenses, expenses and all expenses arising after the delivery of the vehicle to the Lessee belong exclusively to the Lessee, the Lessee is obliged to pay all costs in this context. The said fees will be collected from the system-defined credit card of the customer without notice.

8) The Lessor is responsible for all kinds of accidents and damages that may occur. In case of damage, the necessary documents must be provided by the Lessee in full and must be delivered to MOBILUP KİRALAMA in full. In the event that the requested documents are incomplete or not delivered, the entire damage price must be covered by the lessee named in the contract. The guarantees to be included in the contract, provided that an additional fee is paid, are described below.

 

9) The Lessee shall pay the rental and additional service fees during the vehicle delivery and the costs to be incurred afterwards by credit card or bank transfer/EFT/swift at the end of the rental. The lessee accepts, declares and undertakes that the damages, expenses and other debts arising from the failure to fulfill the rental price or other commitments undertaken in accordance with this contract will be due on the invoice date without the need for any notice and warning and that it will pay them together with the monthly 5% (five percent) default interest to be operated from the invoice date.

 

10) It is possible to take the return date specified in the contract to a later date with the approval of MOBILUP KİRALAMA as well as the payment of the rental fee for the new rental period in advance. MOBILUP KİRALAMA has the right to change extension requests at the current price. It is not possible to extend the rental period without the approval of MOBILUP KİRALAMA, even if the rental fee is paid. This is a fixed-term rental agreement and the vehicle will be returned to MOBILUP KİRALAMA without any warning or notice at the end of the period unless the parties explicitly agree otherwise.

 

11) The Lessee shall comply with the traffic rules that will use the vehicle subject to the contract in accordance with the Traffic Laws and Instructions and with care. The Lessee is obliged to comply with the Highways Law Regulation and all relevant legislation. The lessee cannot be relieved of responsibility by claiming that he/she is unaware of these obligations as a driver. The lessee is responsible for all kinds of legal consequences, penalties and expenses (penalty, vehicle attachment, vehicle towing, etc.) that occur as a result of his/her behavior contrary to the legislation. After the delivery of the vehicle to the Lessee, the traffic fines imposed on the relevant vehicle and not paid by the Lessee shall be paid by the MOBILUP KİRALAMA side within the legal period provided that the relevant penalty is notified to the MOBILUP KİRALAMA by the relevant authorities and the service fee of 20 TL (Twenty Turkish Liras) shall be added for each transaction and invoiced to the Lessee.Upon the first written notification, the Lessee accepts, declares and undertakes in advance to pay the fee, service fee and penal clause, etc. that the MOBILUP KİRALAMA has to pay immediately, without the need for a court decision, together with all additional fees under any name.

 

12) MOBILUP KİRALAMA varies according to the group of the rented vehicle from the credit card of the Lessee, at least 1.000 TL for economic and electric group vehicles, at least 1.500 TL for comfort group vehicles, 2000 TL for sports group vehicles, 1500-3000 TL depending on the vehicle model for SUV group vehicles, at least 3000 TL for prestige group vehicles, at least 5000 TL for premium group vehicles, at least 10000 TL for luxury group vehicles. If necessary, a blockage of at least 2,500 TL will be applied to each of the two separate credit cards of different banks belonging to the Lessee for Premium group and above vehicles. If necessary, a blockage of at least 5000 TL will be applied to each of the two separate credit cards of different banks belonging to the Lessee for Luxury group and above vehicles. Amounts to be blocked as provision are determined as lower limit and blockage fees above these figures can be requested by MOBILUP KİRALAMA. MOBILUP KİRALAMA has the sole say in determining vehicle groups, and MOBILUP KİRALAMA reserves the right to make changes at any time in determining blockage fees and vehicle groups. The provision amount received at the beginning of the rental will be used for the collection of all kinds of traffic fines, highway illegal toll, parking fee, vehicle towing fee and all damage/loss fees. The lessee accepts, declares and undertakes in advance that he/she approves this transaction to be made from his/her credit card and that he/she will not object in any way.

 

13) Vehicle usage mileage limits are limited to 500 km per day for all groups, 7 days and more, and 4000 km for monthly rentals. If it reaches the monthly km limits within the rental period, the contract will automatically terminate without the need for any notice and warning. In the event that the monthly mileage limits expire before the period specified in the contract, the Lessee accepts, declares and undertakes in advance that he/she will immediately return the vehicle to MOBILUP KİRALAMA and pay all rental fee to be processed until the end of the rental period determined for the vehicle to MOBILUP KİRALAMA. It is evaluated over one month (30 days) specified in this article. Between the expiry of the mileage limit and the delivery of the vehicle to MOBILUP KİRALAMA, it will be calculated over 0.70- 1.70 TL+VAT per km exceeding the limit and the mileage overage fee will be paid by the Lessee. The Lessee accepts, declares and undertakes that it will also pay the maintenance expenses arising from this mileage.
Vehicle usage mileage limits are 500 km per day for up to 7 days and 4,000 km for rentals over 7 days in all group vehicles. 

14) All legal compulsory insurances of the rented vehicle have been taken out by MOBILUP KİRALAMA. The Lessee declares, accepts and undertakes to cover the liability for damage and all kinds of expenses related to it in case of damage to the vehicle under the conditions specified below.

a) Under the influence of alcohol and/or drugs and/or sleep-delaying drugs at the time of the accident,

b) In cases where the legal speed limits are exceeded (it is stated in the accident detection report that the accident occurred due to speed) and the vehicle is used in any way contrary to the traffic laws,

c) In cases where the traffic accident report (contracted minutes, police or gendarmerie report) is not received,

d) Damage and/or accidents that occur as a result of the use of the vehicle by persons other than the lessee and those determined as additional drivers in the rental contract,

e) In case of damage and accidents occurring in case of extension of the period specified in the lease agreement in writing,

f) In cases where the damage amount is not paid and/or the insurance companies do not pay for any reason within the scope of the changes to be made by the Undersecretariat of Treasury and/or the Turkish Insurance and Reinsurance Association to the legal legislation and relevant regulations in accordance with the general conditions of the insurance policy,

g) The general automobile insurance rules apply to vehicle thefts and the Lessee accepts, declares and undertakes in advance to pay the vehicle price and other damages in cases where the insurance companies do not pay and cannot be included within the scope of the automobile insurance, which is not considered as theft by the insurance companies.

h) The responsibility for any damage exceeding the insurance coverage limits belongs to the Lessee. If the
 Lessee is given a penalty for leaving the scene of alcohol, drugs, crime or in any way not complying with the general traffic rules in any accident where the Lessee is involved with the rented vehicle, MOBILUP KİRALAMA may claim all kinds of direct and indirect damages incurred due to the accident in addition to the price from the Lessee.

 

15) It is forbidden to rent the rented vehicle in any form and under any conditions, to make it used by third parties even if it is free of charge, and the vehicle is also;

a) By the driver who is not specified/reported as an additional driver,

b) Pulling or pushing any vehicle,

c) In case of transportation of passengers or goods in return for income,

d) Determination of race speed, rally, rigidity test on motor sports and roads closed to normal traffic and unsuitable,

e) In road and terrain conditions that are not suitable for the technical and endurance power of the vehicle determined by the manufacturer,

f) In the transportation of substances contrary to customs legislation and other laws or in unlawful works,

g) It is strictly prohibited to use it in all kinds of illegal business, terrorism, state and illegal matters. In case of detection of any of these cases, all kinds of damages of MOBILUP KİRALAMA shall be paid by the Lessee immediately upon the first written notification.

 

 

16) In the event of an accident during the rental period of the lessee and the identified additional drivers,  she/he is obliged to take the following measures to protect the interests of the MOBILUP KİRALAMA and the insurance company.

a) To take maximum safety measures regarding the vehicle and third parties,

b) To provide all necessary traffic accident reports and documents such as minutes, police and/or gendarmerie reports, etc.,

c) To fill in the documents completely by taking copies or images of the driver's license, license and traffic policies of the other party/parties,

d) To take photographs of the scene,

e) To notify the nearest police or gendarme in case of an accident resulting in material, mortal and bodily damage,

f) To deliver all documents related to the accident to MOBILUP KİRALAMA within twenty-four hours from the occurrence of the accident.

 

17) The Lessee is obliged to park the vehicle closed and locked in a way that will ensure all kinds of security. In order to benefit from the theft assurance in case of theft of the vehicle; it is obliged to prove that it has taken the necessary measures by returning the license and key to MOBILUP KİRALAMA and that it has made the necessary applications to the relevant security authorities. Otherwise, the Lessee is obliged to pay the current purchase price of the vehicle and other damages in cases that are not included in the scope of automobile insurance and that are not paid by the insurance company.

 

18) All kinds of material damages, including the treatment expenses given to 3rd Parties and passengers in the vehicle, are limited to the mandatory traffic insurance limits of the vehicle, and all responsibilities and liabilities, including moral damages that are not covered by traffic insurance, belong to the Lessee. All damages and damages that may recourse to MOBILUP KİRALAMA shall be immediately paid by the Lessee upon the first written request of MOBILUP KİRALAMA without the need for a court decision.

 

19) In case of damage and/or failure in the rented vehicle, the Lessee is responsible for delivering the vehicle to the authorized service in a safe manner and without increasing the damage. At the stage of delivery of the vehicle to the service, in case of not receiving support from the MOBILUP KİRALAMA offices, the towing cost will be paid by the Lessee. Repair costs are only accepted if MOBILUP KİRALAMA has previously given permission.

 

20) MOBILUP KİRALAMA cannot be held responsible in any way for the loss, theft, theft or damage of any goods carried or left in the vehicle by the Lessee. The lessee accepts, declares and undertakes that he/she irrevocably releases MOBILUP KİRALAMA from the damages that may occur as a result of the aforementioned type of loss and/or damage.

 

21) Since MOBILUP KİRALAMA does not produce the rented vehicle, it cannot be held responsible in any way for any material and moral damages and losses that may occur as a result of mechanical or manufacturing errors of the vehicle or spare parts. The parties have agreed that the responsibility of MOBILUP KİRALAMA is limited to the convenient delivery of the vehicle and the uninterrupted performance of the necessary maintenance.

 

22) In the event that the Lessee does not comply with any article of this contract, especially if he/she does not deliver the vehicle on the date agreed, the Lessee acknowledges that MOBILUP KİRALAMA has the authority to immediately take back the said vehicle, regardless of where it is located and without the need for any warning or court decision. The Lessee is obliged to pay the damages and expenses that may occur during the return of the vehicle by MOBILUP KİRALAMA immediately upon request. MOBILUP KİRALAMA is not responsible for the loss or damage of the items in the vehicle during the return of the vehicle.

 

23) The Lessee accepts and declares that his failure to deliver the vehicle despite the expiry of the contract period constitutes a crime under the provisions of criminal law and that he will not be able to benefit from any insurance, guarantee and legal rights in terms of damage and liability if the vehicle is used outside the users defined in the contract and/or in violation of the law.

 

24) MOBILUP KİRALAMA has installed a vehicle tracking system on the rented vehicles so that they can track the rented vehicle and stop the vehicle and get it back when necessary. The Lessee accepts, declares and undertakes in advance that a vehicle tracking system has been installed on the leased vehicle, that the vehicle is followed and that if the vehicle is not returned on the return date specified in this Agreement and/or that the vehicle can be located and stopped by using this system in cases deemed necessary by MOBILUP KİRALAMA while the contractual relationship continues, and that it has consented to this matter and that it shall not claim any compensation and/or loss from MOBILUP KİRALAMA under any name due to the stopping of the vehicle. In the event that the said Vehicle Tracking System is damaged, dismantled, attempted to be dismantled or intervened in the system in any way due to the reasons arising from the Lessee, all damages, including the dismantling and installation of the system and the device fee, suffered by MOBILUP KİRALAMA shall be covered by the Lessee immediately. The Lessee accepts in advance that the intervention made to the Vehicle Tracking system means the termination of this contract.

 

25) The Lessee accepts, declares and undertakes that the rented vehicles will not be leased to any other person or organization in any way, and that they will not be used by a person whose name is not written on the rental contract, regardless of the reason and condition. Otherwise, the damage assurances of MOBILUP KİRALAMA shall not be valid and all damages and losses shall be borne by the Lessee. In the event that it is determined that the rented vehicle is rented or used by a third party, the Lessee accepts, declares and undertakes that he/she will pay the three-month rental fee of the rented vehicle as a penal clause without any objection at the time of the first request in addition to the damages caused by this violation.

 

26) If the vehicle is returned before the date specified in the contract after the rental starts, the discounts will be canceled and the rental price will be determined again for the period used by calculating the current daily rental price of the vehicle. The rent determined as a result of this calculation will be deducted from the collected amount and if there is an excess amount, this amount will be returned to the Lessee. Apart from this, the parties have agreed that no refund will be made to the Lessee in any way.

 

27) MOBILUP KİRALAMA has the right to terminate the contract unilaterally at any time without paying any compensation.

 

28) Any information related to all financial, commercial, professional information, technical information, know-how, administrative, legal, corporate information, business information, financial statements, reports, financial and legal information, trademark, trade secret, directive, regulation, trade and licensing that MOBILUP KİRALAMA and the Lessee have in accordance with this rental agreement, and any correspondence, documents and records, or the information of its Employees or officials, to whom other information is disclosed, and the information of the other party they have knowledge of, are confidential "Confidential Information". They agree and undertake not to disclose, allow disclosure, transmit, make partial or complete copies of the information to third parties without the prior written consent of the other Party, not to distribute, print and immediately return this information together with all copies they have upon the first request of the other Party. In the event that any of them acts contrary to this confidentiality commitment as a result of their fault or negligence, they may unilaterally terminate the contract and the Receiving Party shall be liable for any damage and loss that may occur if they do not fulfill any of their obligations under this Agreement regarding the protection of Confidential Information due to their own fault or negligence.

 

29) The parties are obliged to act in accordance with all regulations, procedures and principles in force regarding the protection of personal data, especially the Law on the Protection of Personal Data No. 6698 and other regulations issued and/or to be issued by other legislation (all together "Legislation") and the decisions of the Personal Data Protection Board.

 

The parties accept, declare and undertake that all kinds of information belonging to the real persons transferred to them are Personal Data and that they will process this data within the scope of the Legislation and the contractual relationship between them, which will be limited to the purpose of the Contract that is present and/or to be established. Any processing of Personal Data other than for the purpose of the Agreement shall be subject to the prior written consent of the other Party. The transfer of Personal Data transferred to him/her to third parties at home and abroad is prohibited unless otherwise agreed in writing between the Parties.

 

The Parties are obliged to inform their personnel in writing about the issues stipulated under this Agreement in order to prevent unauthorized access to the Personal Data transferred to them by both their own personnel and third parties and to take the necessary measures to prevent the use of the Personal Data other than for the purpose of transferring it to them.

 

Without prejudice to the legal retention periods, each Party shall deliver all kinds of media and media where the Personal Data is recorded to the other Party against signature upon the termination of the Agreement and delete, destroy or anonymize the records before it.

 

Each of the parties accepts and declares that they are subject to the supervision of the Personal Data Protection Board in terms of the Personal Data they process within the scope of the Agreement. The parties may exercise the right of inspection in person or by a third party, provided that it does not affect their workflow. In the event that it is determined that one of the Parties acts contrary to its obligations regarding Personal Data as a result of the said audits, the relevant audit costs shall be borne by the Party acting contrary to its obligations.

 

This article shall remain in force even if the Agreement is terminated for any reason.

 

The right of recourse to the other Party in relation to the amounts in question is reserved in the event that any of the Parties suffers damage due to reasons arising from the other Party, including the violation of the provisions of this Agreement, is subject to a legal sanction or is obliged to compensate any damage, including the damage of the relevant person.

30) Stamp duty arising from the contract and all kinds of expenses shall be borne by the Lessee.