General Sale Terms and Conditions
With this contract, the lessor, EŞMEN OTO KİRALAMA A.Ş. has leased the vehicle defined in this lease contract (it shall be referred to as "vehicle" in this contract) to the LESSEE whose with its name and address mentioned in the contract. EŞMEN OTO KİRALAMA A.Ş. shall be referred to as NOVACAR in this contract.
1. The LESSEE declares and undertakes to use the vehicle in accordance with the conditions specified in this contract (rental period, return station, etc.) and to pay the rental fee and accept the general sale terms and conditions. By executing the contract, the LESSEE accepts all obligations belonging to it and arising from it. All notifications made to the address declared by the LESSEE on the contract shall be deemed valid.
2. If not in writing, any changes or additions to these terms and conditions shall be void.
3. The LESSEE accepts and undertakes that it has already consented to the withdrawal of all contractual and legal payments arising from the lease from the credit card submitted at the beginning of the lease.
4. Invoices to be issued due to this rental contract will be issued electronically in accordance with the Tax Procedure Law and will be sent to the e-mail address notified by the LESSEE. The LESSEE accepts and undertakes in advance that it knows and approves this situation. No paper invoice shall be communicated to the LESSEE except as otherwise agreed in writing. All responsibility for the accuracy of the e-mail address notified by the LESSEE rests with the LESSEE. In case of incorrect notification of e-mail address, unavailability etc., the LESSEE accepts and undertakes that it shall not make any request from NOVACAR under any name whatsoever. In this case, NOVACAR shall not have any responsibility.
5. The LESSEE shall return and deliver the vehicle, its spare tire, all tires, the documents belonging to the vehicle, accessories and equipment to NOVACAR 's station in the city where the vehicle is rented or elsewhere specified in the contract on the specified day.
It shall apply to NOVACAR for all extensions and obtain the approval of NOVACAR. In the extensions made without approval, it is accepted by the parties that the LESSEE has the vehicle unlawfully under its own responsibility. For day extensions to be made at the request of the LESSEE, the price can be recalculated in the NOVACAR System and the extension can be made with a price higher than the initial rent / day amount. This situation is related to the current occupancy.
If the LESSEE requests additional services such as navigation device, baby seat, snow tire etc. for the rented vehicle, it is obliged to pay the additional fee.
6. Vehicle shall not be used as described below:
a. In the carriage of passengers or goods in return for an open or confidential income,
b. Pushing or towing any vehicle or trailers,
c. In the transportation of materials contrary to customs legislation and other laws or in other non-legal works,
d. By a person who has taken alcohol or narcotics or a driver who is not listed as an additional driver,
e. In motor sports (including racing, speed determination, rally, toughness and speed trials),
f. Carriage of cargo / goods that will damage the vehicle and exceed the loading limit,
g. In places and conditions (such as land, mountainous land, sand, swamp, stream bed, etc.)
that are not suitable for the purpose of the rental, taking into account the brand and
model of the vehicles and in places and roads that are not suitable for their technical structures and endurance, in short under unusual road conditions that are not suitable for traffic conditions.
7. Use of Vehicle
a. It shall be used by the LESSEE and/or additional driver specified in the contract with valid driver's license for at least 1,2 or 3 years depending on the condition of the vehicle. Depending on the driver's license status (in case of candidate driver, etc.), NOVACAR may collect additional security deposits and/or additional security deposits from the LESSEE. The LESSEE accepts and undertakes that it and approves this situation. If the LESSEE and/or the additional driver's candidate driving is cancelled, the driver is obliged to return the vehicle immediately. Otherwise, it shall be liable for all judicial and administrative sanctions etc. damages.
b. The driver must exceed the age limit specified in the General Lease Information and
c. The vehicle can also be used by persons (additional driver / drivers) whose names / names are registered on the contract by the LESSEE at the beginning of the lease, and who comply with the conditions related to the driver defined in articles (a) and (b).
d. The LESSEE is obliged to ensure that the person authorized to use the rented vehicle fully complies with all the terms of this contract. Otherwise, the LESSEE is fully responsible for all consequences that may arise therefrom.
8. At the request of NOVACAR, the LESSEE shall be obliged to pay the following under the conditions specified by NOVACAR:
a. The rental price calculated over the number of days rented according to the price list in force,
b. The LESSEE shall pay the amount of the policy packages, the one-way fee and the taxes that may arise at the end of the lease, the amount of fuel to be submitted by NOVACAR provided that the optional items it accepts by signing are as follows: Damage Tracking Assurance, Mini Damage Assurance, Super Mini Damage Assurance, Maximum Damage Assurance, Super Maximum Damage Assurance, Glass Headlight Mirror Assurance, Internal Parts Assurance, Voluntary Financial Liability, Individual Accident Assurance, the service fee at least 30% of the remaining fuel price if it delivers the vehicle at a level lower than the fuel level it received,
c. In the event that the LESSEE pays and prefers the exempt liability insurance package during the rental of the vehicle, the LESSEE shall be obliged to pay the amount of the damage and loss in the said accident within the scope of the exemption amount to be determined by NOVACAR if the LESSEE provides NOVACAR with the document (accident report, alcohol report, etc.) required to be provided in the contract and legal legislation in relation to the accident occurred during the rental contract. The amounts remaining above this price shall be evaluated by NOVACAR within the framework of general insurance conditions including the contents and limits of the policy of NOVACAR. In case the LESSEE pays the price of the Mini Insurance Package and prefers it; If the LESSEE provides NOVACAR with the document (accident report, alcohol report, etc.) required to be provided in the contract and legal legislation in relation to the accident in question within the framework of the Mini Insurance Package, it shall be evaluated within the framework of general insurance conditions within the content and limits of NOVACAR's policy. In the event that the LESSEE pays and prefers the Mini Insurance Package Package price together with the Super Damage Assurance Package; the LESSEE shall not pay the damage amounts below the amount determined by NOVACAR as a result of creating a correct and complete written statement to NOVACAR without the need for a report. If the matters that are not covered by the policies and/or are not accepted in accordance with the general insurance conditions (for example, the LESSEE's driving while drinking or using drugs, failure to provide accident reports and reports, alcohol report, etc.), the entire amount of such damage shall be paid by the LESSEE.
d. If the LESSEE fails to accept the Mini Insurance Package in the event of an accident, however, if the LESSEE is penalized for alcohol, drugs or any other reason (non-compliance with the general traffic rules) in the event of an accident, NOVACAR shall be entitled to claim from the LESSEE the repair costs of the damages caused by the accident together with compensation for all costs incurred due to the accident. At the beginning of the rental, a pre-arrangement for the approximate amount of the rental is blocked from the LESSEE's credit card. The LESSEE agrees in advance that it shall not object to the collection of the rent, damage and loss price made with the preliminary provision.
e. If the rented car is stolen, the LESSEE is obliged to pay the price of the vehicle or equipment according to the current purchase costs
f. The following matters are not covered by the warranty and are not borne by the warranty. For this reason, these matters should be covered by the LESSEE.
- Tire slash without accident, damage to the rim
- Stealing wheel cover and spare wheel
- Damage to license, plate, fire extinguisher and equipment
- Loss of vehicle key and/or damage to vehicle key due to use
- All kinds of damage to the vehicle not covered by the warranty
g. In case of vehicle theft, general insurance rules apply and in cases where security companies do not describe pilferage as theft and payment cannot be included in the scope of insurance and insurance companies do not pay this, the LESSEE agrees in advance to pay the vehicle price and other damages.
h. The NOVACAR shall not be held responsible for the compensation of the items stolen from the vehicle or excessive items,
i. The LESSEE is obliged to pay the damages outside the scope of the Mandatory Traffic Warranty given to 3rd parties. However, the LESSEE shall be exempt from the said damage amount (within the General Conditions of Assurance of Assurance and Reinsurance Companies Association of Turkey) if it pays the Old Financial Liability (İMM) Warranty fee premium specified in this lease contract as much as the amount specified for the rented vehicle in the İMM policy.
j. The LESSEE is exempt from the amount of the price covered by the Individual Accident Warranty that it paid the premium amount at the time of the lease contract. The LESSEE is solely responsible for the parts exceeding this amount.
9. The LESSEE acknowledges that it has received the said vehicle in good condition in terms of both mechanical and body and that there is no damage or accident on the vehicle. (Except as specified in the lease contract and vehicle delivery form) The LESSEE accepts and undertakes to pay all kinds of damages and losses, including the demands of third parties, including mechanical, electrical and other third parties, that are not collected from the insurance companies within the scope of traffic assurance rules due to the fault of use and/or carelessness and negligence upon the first request. (For example, transmission breakdown due to incorrect gear change, continuing to drive even though the warning light is on, damage caused by hitting the underside of the vehicle, damage to evenings such as tires and wheels, drunk driving, etc.) In case of any damage to the vehicle given to the LESSEE, the driver shall be charged 1.000,00 TL+VAT equivalent damage follow-up service fee. The purchase of additional insurance packages other than the Damage Tracking Service Assurance does not prevent the collection of the damage tracking fee.
10. The LESSEE agrees to pay the exemption fee specified in the table below according to the vehicle groups in case of one-sided or double-sided accidents. In case of accident or theft, it is necessary to call the full support line 0850 582 17 37 and obtain the official report/record. Otherwise, the responsibility belongs to the LESSEE.
Tire burst, glass breakage, rim damage are not covered by the exemption insurance. In the event of these damages, the damage costs will be paid by the LESSEE.
11. The LESSEE shall carry out regular checks from the date of receipt of the vehicle to the date of delivery in order to carry out the maintenance of the vehicle it has received and, if necessary, shall deliver the vehicle to the office it has received for maintenance. Otherwise, the LESSEE shall be liable for the damages that may arise.
12. The vehicle used by the LESSEE and mentioned above is protected by traffic assurance conditions. If the LESSEE wishes to provide protection with damage, Voluntary Financial Liability and individual accident warranties offered to it at the time of execution of the lease contract in order to provide damage and damage exemption for itself, third parties and the rented vehicle, it has the right to benefit from the warranty Premium amounts belonging to them by paying them separately and additionally in advance.Otherwise, any administrative criminal and legal (compensations, penalties, etc.) responsibility shall be exclusively borne by the LESSEE. However, the LESSEE is obliged to pay the damages incurred as a result of the impact on the upper parts of the vehicle or bodywork (caused by bridges, balconies, branches or each object), even if it has accepted the traffic insurance and damage warranties. The LESSEE agrees to cover the liability for damages and related expenses without objection if the vehicle is damaged despite accepting damages exemption insurance (theft, damage, Voluntary Liability Assurances and Individual Accident Assurance) under the following conditions:
a. If it was under the influence of alcohol and/or drugs at the time of the accident,
b. In cases where the legal speed limit is exceeded (accident detection report indicates that the accident occurred due to speed),
c. In cases where the traffic accident report is not issued and the alcohol report is not received, in intentional accidents,
d. If used in contravention of traffic laws,
e. Accidents and/or damages arising as a result of the use of the vehicle by persons other than the driver(s) designated as additional driver in the LESSEE and the lease contract,
f. Insurance and Reinsurance Companies Association of Turkey in cases where the insurance policy is not paid in accordance with the general terms and conditions and/or the insurance companies do not pay for any reason.
13. The LESSEE and other authorized drivers (additional driver) must take the following measures to protect the interests of NOVACAR's insurance company in the event of anaccident during the rental period:
a. Obtain the names and addresses of the relevant persons and witnesses,
b. To obtain the copy of the license, license and traffic insurance policies of the party/parties in the case of bilateral accidents, and in cases where photocopy is not possible (driver no, province of issue, traffic insurance policy numbers and name of the insurance company, etc.),
c. Not to accept responsibility or offence,
d. Not to leave the vehicle without taking adequate security measures,
e. Immediately report the situation to the nearest police officers or relevant authorities in the event of an accident resulting in material and physical damage accidents and accidents involving death,
f. Deliver the accident notification and related minutes and reports to the relevant office or nearest NOVACAR's office within 6 hours at the latest.
14. The NOVACAR shall under no circumstances be held liable for the loss of any goods carried or left by the LESSEE on the vehicle. The LESSEE releases the lessor from lawsuits, accusations, complaints and damages that may occur as a result of such loss or damage.
15. When the Vehicle is not used by the LESSEE, the LESSEE is obliged to take the necessary measures to prevent possible accidents or thefts and to lock the doors of the vehicle. In the event of theft of the Vehicle, the LESSEE shall relieve itself of liability if he proves that he has taken the necessary precautions by returning the license and keys of the Vehicle and notifies the relevant safety authorities.
16. Material damages to 3rd parties and passengers in the vehicle, treatment expenses are limited to the mandatory traffic insurance limits of the vehicle and all liabilities and liabilities that exceed the policy limits and/or arise including material and moral damages belong to the LESSEE.
17. Since NOVA does not manufacture the vehicle, he shall not be held liable in any way for the losses that may occur as a result of mechanical or manufacturing failure of the vehicle or its spare parts.
18. The LESSEE acknowledges and agrees that the vehicle (s) delivered to it re given for use under this Contract for purposes other than the purpose specified in the registration and traffic documents, in particular for the purpose of carrying freight or passengers in a manner that can be interpreted as commercial gain; furthermore, if it goes beyond the purpose of use stated herein, it shall be exclusively responsible for all kinds of liability and risk arising within the framework of all relevant legislation, including the Road Traffic Law and the Road Transport Law, and all administrative, judicial and penal sanctions and liabilities and damages incurred by NOVACAR may be recoursed immediately together with their entirety.
19. The LESSEE accepts and undertakes that the rented vehicles shall not be rented to anyother person or organization and shall not be used or sold to any person whose name is not written on the Rental Contract and General Conditions of Sale for any reason or under any circumstances. Otherwise, NOVACAR's damage warranties shall not apply and all damages and losses shall be borne by the LESSEE. In addition, if it is determined that the vehicle is rented or used by another person, NOVACAR reserves the right to charge a penalty of 5 times the vehicle rental fee invoiced for the relevant vehicle. In the event that the said vehicle is sold or attempted to be sold to another person, NOVACAR shall reserve the right to claim and collect a fee at least equal to the vehicle value as a penal clause. The LESSEE agrees and undertakes to meet such demands of NOVACAR in cash and in lump sum at the first request.
20. "In cases where the vehicle is prohibited from traffic due to the LESSEE and/or prevents the vehicle from entering the traffic, in cases where it is not allowed to use, all kinds of costs such as loss of earnings, in case the vehicle is towed to the parking lot, all kinds of parking costs, judicial and administrative penalties, all kinds of damages incurred and to be incurred due to the prohibition of the vehicle from traffic etc. shall be borne by the LESSEE. The NOVACAR shall also carry out the necessary procedures regarding the purchase of the vehicle from the parking lot and the follow-up of the process and the LESSEE shall bear the costs etc. incurred in relation to these procedures. The NOVACAR shall invoice these costs to the LESSEE together with the rental fee as service fee and the LESSEE accepts and undertakes to cover all damages incurred and to be incurred by NOVACAR in relation to the rental period.
21. SMOKING IS PROHIBITED in Novacar vehicles. If smoking is detected in the vehicle, a penalty of 1.250 TL + VAT (one thousand two hundred fifty TL + VAT) will be applied for the violation of the prohibition. Damages caused by cigarettes are also under the responsibility of the LESSEE and the cost of damage will be covered by the LESSEE.
22. The LESSEE cannot take the vehicles outside the borders of Turkey. Otherwise, all damages incurred and to be incurred shall be borne by the LESSEE. In case the vehicle taken abroad without the approval of NOVACAR is not returned even if requested, the vehicle cost shall be borne by the LESSEE.
23. If the LESSEE carries goods and passengers, NOVACAR shall not be held liable for damages that may occur to the goods or passengers transported and the responsibility shall rest exclusively with the LESSEE and /or the driver. Any administrative and judicial penalties to be imposed on NOVACAR shall be invoiced to the LESSEE in case of improper performance of this transport by the LESSEE. In addition, in cases where it is decided that the vehicle subject to the contract is banned from traffic, the rental fee shall be operated during the day when it is banned from traffic and additional costs etc. to be incurred in relation to this issue shall be applied. All damages incurred and to be incurred by NOVACAR shall be
borne by the LESSEE.
24. Passage systems such as OGS, HGS etc. for bridges, highways etc. are provided to the LESSEE. The said passages shall be invoiced to the LESSEE as transition fee + VAT. The
NOVACAR reserves the right to request service fee related to transition systems.
25. In the use of bridges and highways If the LESSEE uses private enterprises, tolls must be paid in cash. If the LESSEE deliver the cash payment slips to NOVACAR rental offices, their responsibilities regarding the transitions to which they have delivered the receipts will be removed. In cases where the LESSEE passes without cash payment, the LESSEE must deliver the pass vouchers to NOVACAR rental offices. The LESSEE accepts and undertakes that is obliged to pay any punishment procedure that may arise regarding their use related HGS, OGS etc. whose transition slip is not delivered.
26. The NOVACAR delivers all his vehicles washed and clean. The LESSEE accepts and undertakes that the vehicle must be washed and delivered clean as received. The NOVACAR reserves the right to collect vehicle cleaning fee from the LESSEE for the vehicles that are washed and not delivered clean.
27. The NOVACAR accepts and undertakes to pay the costs written on the traffic penalty reports issued to the relevant vehicle to the relevant institutions. These fees shall be recoursed to the LESSEE. Based on 67/1-d (drifting/setting the parking brake suddenly, etc.), 23/4 (driving the registered vehicle without a license plate), 36/3-a - 36/3-c (driving without a driver's license - driving even though the driver's license has been cancelled) , 48/5 (driving under the influence of alcohol) , 48/8 (driving under the influence of drug or stimulant) of Highway Traffic Law no. 2918,8/9 (for alcohol and stimulant detection, prevent the use of technical devices) of Highway Traffic Law no. 2918, the LESSEE agrees that it shall not claim any price discount right such as early payment deduction, etc. From NOVACAR for the traffic fines issued based on the articles set forth above. The NOVACAR shall collect the penalty amount from the customer without discount for the penalties arising from the relevant articles. NOVACAR shall grant the LESSEE the right to any deduction of early payment, etc. related to traffic fines other than the specified items that damage the vehicle. The NOVACAR reserves the right to request a service fee related to each traffic fine.
28. The fuel brand used in the vehicles is at the initiative of the LESSEE and the costs of failures caused by fuel faults shall be borne by the LESSEE. The Oil Companies and the
LESSEE shall be the addressees and responsible for the compensation of the losses arising from the fuel. Although the LESSEE has the right to choose the fuel brand used in the vehicles subject to the contract, the costs related to the elimination of the damage due to the failure to use fuel of the quality specified in the user manuals of the vehicles shall be invoiced separately to the LESSEE.
29. In the event that the LESSEE fails to comply with any article of this Contract, in particular fails to deliver the Vehicle on the agreed date, the LESSEE grants NOVACAR the right to immediately retrieve the said Vehicle wherever it is and without prior warning. The LESSEE is obliged to pay the damages and expenses that may occur during the recovery of the vehicle by NOVACAR. The NOVACAR shall not be liable for any loss or damage to any object or materials contained in the vehicle during the retrieval of the vehicle.
30. The NOVACAR shall be able to terminate the lease contract and this contract without any reason. The LESSEE accepts and undertakes that it shall not make any claim from NOVACAR under any name due to this termination. The LESSEE accepts and undertakes to deliver the vehicle to NOVACAR immediately following termination. Otherwise, the rental fee will continue to be operated for each day not delivered.
31. In case of extension of the reservation period, additional services (such as insurance, additional driver) will be added to the total daily amount equal to the extended days.
32. The LESSEE will make the payments by credit card, mail order or bank transfer. In addition, the LESSEE’s working with the current account shall make their payments within 7 days against the invoice. The LESSEE agrees, declares and undertakes to pay default interest in the amount of twice the advance interest rate of the Central Bank of the Republic of Turkey (CBRT) from the date of invoice without any warning and notice in case the rental price and other amounts under the contract and legal payments are not paid.
33. The LESSEE will benefit from the Loyalty Program applied by NOVACAR to its rental customers during the rental period. The gains of the LESSEE in the program will be reset at the end of the 1st year from the day of leasing. The LESSEE accepts and undertakes that it will not make any request from NOVACAR for the points that have not been used on time, under any name.
34. If the term of the contract expires, the LESSEE declares that the contract is terminated
without any warning and that his failure to deliver the vehicle despite the termination of the contract for any reason constitutes a crime under the provisions of criminal law, and that if he uses the vehicle outside the rental period, other than the LESSEE and/or the Substitute User specified in the contract and/or drives in violation of the law, it shall not benefit from any warranty and warranty in terms of damage and liability and no other notification shall be made for these matters.
35. In case the rental fee is not paid, in case of a request for interim seizure or precautionary measure, the tenant shall pay the rent of EŞMEN OTO KİRALAMA A.Ş. accepts, declares and undertakes that it is authorized to take interim seizure or injunction decision without showing any guarantee.
36. The LESSEE agrees in advance that NOVACAR's books and documents are sufficient legal evidence valid in accordance with Article 193 of the Code of Civil Procedure.
37. MERSİN Courts and Enforcement Offices are authorized to settle disputes arising from this contract.