MOTOR VEHICLE RENTAL AGREEMENT
1- PARTIES: On one hand, at the headquarters address Tayakadın Mahallesi Terminal Cad. No: 1, 820448 Arnavutköy / Istanbul / Turkey CASTLE RENT A CAR OTOMOTİV SANAYİ TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as CASTLE within the contract.) and on the other hand, the individual or legal entity signing this agreement (hereinafter referred to as the LESSEE within the contract.) have signed this Motor Vehicle Rental Agreement General Conditions.
2- DEFINITIONS:
LESSOR (CASTLE): CASTLE RENT A CAR OTOMOTİV SANAYİ TİCARET LİMİTED ŞİRKETİ,
LESSEE: The individual or legal entity signing this car rental agreement general conditions and its annexes,
USER/DRIVER: The person(s) indicated as the driver(s) in the vehicle delivery form who will use the vehicle,
VEHICLE: The motorized land vehicle rented to the LESSEE for use on highways, whose license plate and other characteristics are specified in the vehicle delivery and return form during the rental period,
GENERAL CONDITIONS: These Motor Vehicle Rental Agreement General Conditions,
RENTAL AGREEMENT: The inseparable annex of these general conditions regulating the group, brand, license plate, and other characteristics of the leased vehicle, rental period, rental fee, additional products, insurance packages, and other matters,
VEHICLE DELIVERY FORM: The inseparable annex of this rental agreement regulating the delivery of the rented vehicle to the LESSEE, its condition at the time of delivery, mileage, fuel, license plate, and other matters,
DAILY RENTAL FEE: The rental amount to be paid by the LESSEE for a maximum of 24 hours of rental period, excluding all other fees and expenses,
MONTHLY RENTAL FEE: The rental amount to be paid by the LESSEE for a maximum of 30 days of rental period, excluding all other fees and expenses.
3- SUBJECT: The subject of these General Conditions is to determine the rental conditions of the vehicle rented to the LESSEE through the rental agreement and the form and conditions of payment of the rental and other fees determined in return, as well as to determine the mutual rights and obligations of the parties.
The Vehicle Rental Agreement General Conditions concluded between the parties and the rental agreement(s) concluded together or after the signature of these general conditions, vehicle delivery form(s), being inseparable parts of these general conditions, will be interpreted together in the resolution of disputes between the parties.
The LESSEE, by signing the rental agreement, accepts all the obligations in the General Conditions and the delivery form, agrees that all notifications made to the address specified in the contract will be considered valid, and acknowledges that there will be no objection to notification.
4- USAGE OF THE VEHICLE:
4.1 With the rental agreement, the vehicle is rented to the LESSEE for the rental period. The LESSEE undertakes to use the vehicle in accordance with the rental agreement, the vehicle delivery form, and the provisions specified in these general conditions, to pay the rental fee and other fees stated in the rental agreement, the vehicle delivery form, and these general conditions, and to accept, declare, and undertake all provisions specified in the rental agreement, the vehicle delivery form, and the general conditions.
4.2 The vehicle, along with all its tires, documents belonging to the vehicle, accessories, equipment, and tools, has been delivered to the LESSEE by CASTLE in complete and perfect condition, with all periodic maintenance completed, as indicated in the vehicle delivery form. The LESSEE acknowledges that they received the vehicle in good condition both mechanically and in terms of bodywork, except for what is specified in the vehicle delivery form, and accepts that there are no signs of any accidents or damages on the vehicle.
4.3 The LESSEE agrees and undertakes to comply with the matters written in the vehicle usage manual prepared by the vehicle manufacturer, to exercise necessary care and diligence in using the vehicle, and to ensure that the vehicle remains in good condition.
4.4 The LESSEE agrees and undertakes to use the vehicle in compliance with the highway traffic law and all relevant legal provisions. Additionally, the LESSEE, limited to the examples listed below, shall not use the vehicle for:
a) Transporting goods contrary to customs regulations and other legal regulations,
b) Towing or pushing another vehicle or trailer,
c) Illegal activities,
d) Animal transportation,
e) Commercial transportation of passengers or goods,
f) Overloading the vehicle or exceeding the load limit in a manner that may damage the vehicle,
g) Races, speed tests, rally trials, motor sports,
h) In places and conditions unsuitable for the purpose of renting the vehicle, considering the vehicle brand and model, and in conditions and on roads that are not suitable for their technical structures and tolerances, briefly, in unusual road conditions and traffic conditions,
i) During transportation by land, sea, river, or air, except for licensed ships and trains that the vehicle will enter and exit on its own,
l) Contact with combustible materials such as cigarettes and similar substances in a manner that may cause damage.
4.5 The vehicle will be driven by the driver(s) and/or additional driver(s) who have valid driver's licenses and meet the age requirement specified in the vehicle delivery form according to the vehicle's group. The LESSEE is responsible for ensuring that the additional driver(s) specified in the rental agreement and the vehicle delivery form fully comply with the rental agreement, the vehicle delivery form, and the general conditions. Furthermore, the LESSEE, the driver, and the additional driver(s) shall be jointly liable for any damages and losses arising from the use of the vehicle.
4.6 Without the approval of CASTLE, the LESSEE shall not allow third parties to use the vehicle. If the LESSEE wishes to allow a third party to use the vehicle and CASTLE accepts this, the LESSEE is obliged to register the information regarding the identity, address, and driver's license of the person authorized to use the rented vehicle in the contract and to ensure that the authorized person fully complies with all the conditions of the contract.
4.7 The LESSEE agrees and undertakes not to make any changes to the vehicle without the written permission of CASTLE. Otherwise, the LESSEE shall be responsible for the costs of restoration and damages incurred by the vehicle.
4.8 The LESSEE shall return the rented vehicle, along with all documents, accessories, tools, and spare tire, in the same condition as received, to the branch where the vehicle was rented or to another office of the lessor specified in the contract or vehicle delivery form, on the return day and time specified in the rental agreement and/or vehicle delivery form. If the LESSEE returns the vehicle to an address other than the addresses where CASTLE requires the vehicles to be returned, the LESSEE shall pay the one-way fee determined by CASTLE.
4.9 The LESSEE shall return the vehicle to the address specified by CASTLE on the last day of the rental agreement. The LESSEE shall apply to CASTLE for an extension of the rental period and obtain its approval. It is acknowledged by the parties that the LESSEE unlawfully keeps the vehicle in possession if the extension is made without approval, as agreed by the parties.
4.10 In cases such as changing the rental period, vehicle group, or pick-up and drop-off addresses, the rental fee and other fees shall be recalculated by CASTLE based on the prices applicable on the day the change request is made.
4.11 All fuel, parking, HGS, OGS, highway, bridge tolls, and other passage fees, as well as traffic fines, interests, and surcharges, belong to the LESSEE and shall be paid by the LESSEE. Even if the rental period ends, the LESSEE is responsible for any fees and fines incurred during the rental period. In the event that a traffic fine receipt is issued solely based on the license plate number without a name and signature, the LESSEE accepts to pay the current fine. CASTLE will pay the traffic fine receipts related to OGS, HGS, highway, bridge tolls, and parking fees incurred during the rental period and will collect from the LESSEE, along with any late fees and surcharges, in addition to the amount paid. The LESSEE remains responsible for these amounts even after the rental period and the termination of these car rental agreement general terms. The LESSEE cannot request CASTLE to object to toll fees, traffic fines, and cannot avoid paying the fine amounts due to CASTLE's failure to object, and cannot make any claims against CASTLE regarding this matter. Furthermore, CASTLE is authorized to offset and collect parking fees, OGS, HGS, highway, bridge tolls, traffic fines, and related fees from the LESSEE's credit card and/or security without waiting for the end of the rental period and without any permission, judgment, or notification. CASTLE's authority under this provision is not limited by the term of the contract, and this clause 4.12 shall remain in effect indefinitely even if this agreement is terminated or terminated for any reason.
4.12 For each vehicle used by the LESSEE, there is a daily or monthly mileage limit specified in the rental agreement. The LESSEE is obliged to use the vehicle in accordance with the mileage limit specified in the rental agreement and/or vehicle delivery form, depending on the vehicle group and rental period. In the event of exceeding the mileage limit, the LESSEE agrees, declares, and undertakes to pay the excess mileage fee specified in the rental agreement and its annexes.
Unused kilometers within a month will not be carried over to the next month. If the rental period reaches the monthly mileage limits, it will automatically terminate without any notice or warning. In case the monthly mileage limits specified in the contract are reached before the specified period, the LESSEE shall immediately return the vehicle to CASTLE, and the LESSEE shall accept, declare, and undertake in advance that they will pay the full rental fee for the rental period specified for the vehicle to CASTLE. The one month mentioned in this article is evaluated based on 30 days. For each kilometer exceeding the limit, the excess mileage fee specified in the rental agreement, according to the vehicle segment, shall be applied for each kilometer beyond the limit between the mileage limit being reached and the return of the vehicle to CASTLE.
4.13 The LESSEE acknowledges that there are systems in the rented vehicle(s), primarily vehicle tracking systems but not limited to, that enable geographical location definition. The LESSEE accepts that these records may be provided to official or unofficial third parties/institutions if necessary for security reasons or for legal/administrative/ judicial proceedings/investigations.
5- PAYMENT OBLIGATIONS: The LESSEE acknowledges that CASTLE is authorized to offset any due payments from the LESSEE's credit card without the need for any permission, judgment, or notification, including but not limited to, overdue receivables, without limitation to the contract period. The LESSEE agrees to pay the payments as specified in the rental agreement in advance. A rental day is calculated as 24 hours, a week as 7 days, and a month as 30 days. Delays exceeding 2 hours are calculated as a full day. Additional rental periods will also be paid in advance. In case the LESSEE fails to make payments on the specified date in the rental agreement for the rental fee and other specified fees and legal payments, the LESSEE agrees, declares, and undertakes to pay a default interest at a rate of twice the advance interest rate of the Central Bank of the Republic of Turkey.
CASTLE reserves the unilateral termination right for the car rental agreement and car rental agreement general terms.
At the beginning of the rental, a temporary blocking process is applied to the LESSEE's credit card as collateral, with varying amounts depending on the vehicle group. The LESSEE agrees in advance not to object to the collection of additional rental day amounts, fuel shortages, damages, traffic fines, etc., over the blockage. The LESSEE accepts that for each transaction related to damage, traffic fines, etc., based on the reduced price (except for fines not notified in time), a service fee of 30% will be charged. Toll fees for highway, bridge crossings, etc., will be paid based on the loaded amounts on the HGS tags in the vehicles, and a service fee of 30% will be added to the LESSEE.
The expenses incurred due to the repair of damages caused by collision or rollover of the vehicle, the expenses of the RENTER, and the material and moral compensations for which the LESSEE is responsible for paying to third parties will be paid by the LESSEE.
The LESSEE is obliged to pay:
a) The rental fee calculated based on the number of rental days,
b) Additional charges for requested services such as child seats, navigation devices, winter tires, snow chains, baby seats, internet, etc., for the rented vehicle,
c) Additional driver fee requested by the LESSEE,
d) Fees for extra assurance packages requested by the LESSEE,
e) Toll fees for highway, bridge crossings, HGS, OGS, traffic fines, etc., incurred during the use of the rented vehicle,
f) Excess mileage charges,
g) One-way fee and legally applicable taxes,
h) Damages, loss compensation fees, and service charges incurred at the end of the rental period,
i) The LESSEE is obliged to pay for damages and losses that occur on the vehicles, and as collateral for CASTLE's other receivables and rights arising from the contract, the collateral amount determined by CASTLE depending on the vehicle group (provided that it does not limit the amount of damage and loss to be covered by the LESSEE). The LESSEE will pay the collateral amount in advance or by credit card before the vehicle delivery according to CASTLE's preference. If the collateral amount has been collected from the credit card within the rental period specified in the rental agreement after the return date of the vehicle, it will be refunded to the same account. CASTLE is not responsible for delays caused by banks regarding the refund of the collateral. If the vehicles are not returned complete and in good condition on time or if the LESSEE has any rent and/or other debts, the collateral amount will be offset against these debts without the need for any notice, judgment, or permission, and any damages and receivables exceeding the collateral amount will be collected from the LESSEE separately. CASTLE is authorized to offset any damages and receivables exceeding the collateral amount from the LESSEE's credit card without the need for any permission, judgment, or notification.
j) If the LESSEE returns the vehicle with a lower fuel level than received, the LESSEE is obliged to pay the fuel shortage amount specified in the rental agreement and additionally the service charge specified in the rental.
k) In case of theft of the rented vehicle, the LESSEE is obliged to bring the vehicle's key and the report obtained from law enforcement. If one of these is missing, the LESSEE is obliged to pay the price of the vehicle according to the current purchase costs of the vehicle.
6- LESSEE'S RESPONSIBILITIES:
6.1 The LESSEE acknowledges that they received the vehicle in sound and good condition both mechanically and in terms of bodywork and agrees that there is no damage or accident trace (except those specified in the rental agreement and vehicle delivery form) on the vehicle. The LESSEE agrees to pay, without objection, upon the first request, all damages, penalties, and other liabilities, including but not limited to mechanical, electrical, and other damages, as well as any claims by third parties resulting from the misuse of the vehicle, failure to perform periodic maintenance of the rented vehicle in a timely manner, etc., which cannot be claimed and collected from insurance companies under the traffic insurance rules. (Including, but not limited to, damages resulting from incorrect or illicit fuel being put into the vehicle, transmission failure due to incorrect gear shifting, continuing to drive the vehicle despite warning lights, damage resulting from hitting the underside of the vehicle, transmission failure due to incorrect gear shifting, use without oil or water, tire, wheel, and glass breakage, and similar situations).
6.2 All periodic maintenance, oil changes, and similar changes prescribed by the manufacturer of the vehicle allocated for use by the LESSEE will primarily be carried out by CASTLE in its own service centers. In cases where this is not possible, the procedures will be carried out at authorized service centers notified in writing by CASTLE with the permission given, and the fees paid will be invoiced to CASTLE.
6.3 Even if the LESSEE has purchased assurance packages, they agree to bear, without objection, the responsibility for damages and losses, as well as compensation, damages, and expenses, under the following conditions:
a) In cases where it is determined that they were under the influence of alcohol and/or drugs at the time of the accident,
b) If all documents requested by CASTLE, including the traffic accident report, alcohol report, copies of the licenses of the vehicles involved in the accident, photocopies of traffic insurance policies, photocopies of driver's licenses, and photographs of the accident scene (with visible license plates), are not submitted to CASTLE in full and without omission within 3 (three) days from the date of the accident,
c) In the event of an accident or damage caused by anyone other than the LESSEE and the driver(s) identified as additional drivers in the rental agreement using the vehicle,
d) Damages occurring to tires or wheels regardless of the accident,
e) Theft of wheel covers and spare tires,
f) Damage to licenses, plates, fire extinguishers, and equipment,
g) Loss of the vehicle's key or damage to the vehicle key caused by user error,
h) Any damage not covered by insurance,
i) In cases where a traffic accident report is not issued or an alcohol report is not obtained,
j) In intentional accidents contrary to traffic laws and/or the provisions mentioned in Article 4.4,
k) In cases where damages and losses are not paid for any reason under the Mandatory Financial Liability Insurance, and/or the insurance companies do not make payments for any reason, and/or outside the scope and limit of coverage of the assurance/insurance.
In order for the LESSEE to benefit from the mentioned assurance and insurance, they must submit the documents specified in (b) to CASTLE in full. Otherwise, the LESSEE will not be able to benefit from these assurances and insurances, and CASTLE is authorized to separately request and collect rental fees for the period until the date of the complete and accurate submission of these documents.
6.4 In the event of an accident, CASTLE will debit/block an assurance amount from the LESSEE's credit card without the need for any notice or notification (without limiting the amount of damage and compensation to be paid by the LESSEE, and reserving the right to collect damages and compensation exceeding this amount). CASTLE is authorized to offset and collect rental fees, damages, compensation, and all other receivables from the LESSEE's credit card without the need for any notice, notification, or judgment, and the LESSEE agrees not to object to this.
6.5 If the LESSEE purchases theft insurance for the vehicle, they are obliged to take necessary precautions to prevent theft. The LESSEE must prove that they have taken necessary measures by returning the vehicle's registration and keys in case of theft and by making the necessary official application to the law enforcement authorities and presenting an official report regarding the theft incident. All necessary reports regarding the theft of the vehicle or any parts of the vehicle/delivery will be provided by the LESSEE to CASTLE. If the reports are not submitted by the LESSEE within 3 (three) days from the date of the incident or if the incidents do not fall under the insurance general terms and conditions in force on the date of the incident (including, but not limited to, leaving the key in the vehicle and/or delivering the vehicle to parking/car wash attendants, and/or misuse of security), or in cases where the insurance companies do not consider incidents as theft, the LESSEE will immediately pay the current purchase price of the vehicle or vehicle parts/equipment to CASTLE. CASTLE reserves the right to demand rental fees for the period until this payment is made. Additionally, CASTLE reserves the right to claim damages incurred. If the LESSEE does not pay the full premium price for theft insurance and if the vehicle or any parts/equipment of the vehicle are stolen during the rental period, the LESSEE is obliged to immediately pay the current market value of the vehicle and vehicle parts/equipment to CASTLE.
6.6 The choice of fuel brand used in the vehicles is at the discretion of the LESSEE, but the expenses for damages resulting from incorrect or illicit fuel use will be borne by the LESSEE. The LESSEE and the petrol companies will be responsible for covering damages resulting from fuel-related damages. While the LESSEE has the right to choose the fuel brand used in the vehicles covered by the rental agreement, any costs incurred for repairing damages resulting from the use of fuel of quality lower than specified in the vehicle's user manual will be invoiced to the LESSEE.
6.7 All obligations and liabilities regarding the 'Operator' status and 'Vehicle Operator Liability' defined in the laws regarding the vehicle shall be borne by the LESSEE, and the driver(s) and additional driver(s) will be responsible for all material and moral damages to third parties, motor vehicles, and the environment caused by the vehicles. Therefore, the LESSEE will reimburse CASTLE for all damages it is obliged to pay, even if the Rental Agreement and General Terms have been terminated.
7- DAMAGE MANAGEMENT SYSTEM AND COVERAGE PACKAGES:
7.1 Any financial damage, treatment expenses, and all other types of damages incurred to third parties, motor vehicles usable on public roads, and passengers in the vehicle, excluding the coverage and limits provided by the Compulsory Financial Liability Insurance Policy arranged by CASTLE for the leased vehicle, as well as all additional material, moral damages, loss of value, and loss of profit, are the responsibility of the LESSEE.
7.2 The LESSEE and additional drivers are obliged to take the following measures in case of an accident:
a) Inform CASTLE's call center at +90 539 887 46 46,
b) Ensure that an accident, damage, theft, or loss detection report is obtained along with an alcohol report from the nearest police or gendarmerie station without moving the vehicle, or if an alcohol report cannot be obtained, obtain the necessary alcohol report from healthcare institutions within 2 (two) hours at the latest from the accident time,
c) Take photographs of the vehicle at the accident scene, with a minimum of 10 photos,
d) Collect the names and addresses of relevant individuals and witnesses,
e) Do not accept fault responsibility if it is not present,
f) Obtain copies of the driving license, vehicle registration, and traffic insurance policies from both parties in bilateral accidents (if the driver has a foreign license, provide a copy of the passport and the page showing the entry dates to the country),
g) Do not abandon the vehicle without taking adequate security measures,
h) Submit the accident report and related documents to CASTLE within 48 hours from the accident date,
ı) Immediately report any accident resulting in material, fatal, and/or bodily harm to the nearest police or gendarmerie officers or relevant authorities.
7.3 In bilateral accidents, a traffic accident determination report must be issued by the traffic police in the following cases:
a) If the driver is operating a motor vehicle without a driver's license,
b) If the driver is underage,
c) If there are suspicions of alcohol or mental health issues with the driver,
d) If one of the involved vehicles belongs to public institutions,
e) If public property is damaged,
f) If only third-party belongings are damaged in the traffic accident,
g) If one of the involved vehicles does not have traffic insurance,
h) If the traffic accident results in death and/or bodily harm.
7.4 In case of theft, a theft detection report must be obtained from the nearest police or gendarmerie station, and the vehicle, along with the key and registration, must be returned to CASTLE.
7.5 If the vehicle is damaged due to flood, hail, or natural disasters, relevant reports from the traffic police or gendarmerie and weather reports from the Meteorology Directorate for the incident date must be obtained. The LESSEE is responsible for damages caused by user-related factors such as leaving the vehicle in a puddle, operating the vehicle in water, etc.
7.6 The LESSEE is responsible for safeguarding additional products such as snow chains, navigation devices, baby seats, and other accessories delivered with the rental agreement and/or vehicle delivery form. These products are not covered under the damage repair and vehicle theft guarantee. If these products are damaged, lost, stolen, or worn out, the LESSEE must immediately pay CASTLE the current market value in cash.
7.7 CASTLE cannot be held responsible for the loss, damage, theft, or wear of any items carried or left in the vehicle by the LESSEE. Therefore, the LESSEE cannot demand any rights or claims from CASTLE under any title.
7.8 CASTLE is not responsible for any damages, losses, or compensations resulting from manufacturing defects in the vehicle or spare parts.
7.9 CASTLE is not liable for any damages incurred by the LESSEE due to the vehicle being out of service.
7.10 Damage coverage packages become invalid if they are used contrary to these general conditions and the vehicle rental agreement and its annexes. In such cases, the LESSEE cannot benefit from insurance coverage and legal rights.
7.11 If the LESSEE wishes to benefit from coverage packages within the limits specified in the contract and annexes, they are obliged to pay the amounts requested by CASTLE in addition to the rental fee in advance. If the LESSEE fails to pay the full, undisputed amounts for the requested coverage packages, they will be responsible for all damages, losses, compensations, loss of value, and loss of profit arising from accidents, incidents, or other reasons related to the vehicle, driver, passengers in the vehicle, other motor vehicles, and third parties.
7.12 In case of vehicle breakdowns, accidents, and damages where the user is not at fault as determined in the Accident Determination Report and the repair exceeds 24 hours, a vehicle replacement will be arranged. The LESSEE must return the temporary vehicle and collect the original rental vehicle within 1 (one) day from the date of notification of the completion of repairs. If the replacement vehicle is returned late, the LESSEE will pay the rental fee for each day the replacement vehicle was used, in addition to the rental fee for the original vehicle. CASTLE is not obligated to replace the vehicle in case of user-caused malfunctions.
8- RETURN OF RENTED VEHICLES:
8.1 In the event that the LESSEE wishes to return the rented vehicle early, whether or not to refund the fee is at the discretion of CASTLE. In this case, CASTLE also reserves the right to demand rewards, services, or their equivalent value obtained from campaigns or other advantages. If the reservation or rental fee has been paid in advance and the vehicle is not collected on time, the collected amounts will not be refunded, and CASTLE will not be obligated to keep the vehicle waiting for the rental period. If the vehicle, which was not collected on time, is requested to be collected at any time during the reservation period, whether or not CASTLE meets this request depends on the availability of vehicles at that moment, and CASTLE cannot be compelled to provide a vehicle.
8.2 For all extensions, the LESSEE will apply to CASTLE and obtain written approval. It is accepted by the parties that the LESSEE holding the vehicle unlawfully without obtaining written approval has been accepted. If the LESSEE fails to comply with any provision of the rental agreement, vehicle delivery form, or these general conditions, especially by not returning the vehicle to CASTLE at the specified time in the rental agreement and/or vehicle delivery form, the LESSEE grants CASTLE the immediate right to take back and seize the mentioned vehicle wherever it is without the need for prior notice, permission, or judgment. The LESSEE acknowledges, declares, and undertakes that they will not make any claims against CASTLE for this reason and waive all rights, claims, complaints, and other rights. The LESSEE is obliged to pay for any damage and expenses that may occur during the retrieval/seizure of the vehicle by CASTLE. CASTLE is not responsible for the loss or damage of objects or materials found in the vehicle during the retrieval/seizure process. The fact that CASTLE has collected the rental fee for the delay does not mean that the rental agreement has been extended or become indefinite.
8.3 The LESSEE must return the vehicle, its documents, accessories, equipment, and additional products received in the same condition as received, without any damage. The LESSEE is responsible for any and all damages incurred beyond ordinary use during the return of the vehicle, and the LESSEE is obliged to immediately pay the amount determined by CASTLE. In addition, CASTLE has the right to conduct a detailed examination of any damages and deficiencies in the vehicle within 30 days from the return date and inform the LESSEE. The issuance of a vehicle return form/report at the time of return does not waive CASTLE's right to conduct such inspections and notifications. The LESSEE shall be liable for any damage and loss that occurs beyond ordinary use in the vehicle.
8.4 If the LESSEE does not sign the return form at the time of return, the information contained in the return form issued by CASTLE shall be considered valid. The LESSEE accepts and declares that CASTLE may unilaterally and without requiring the LESSEE's approval make changes or updates to its terms and conditions at any time.
8.5 Upon the expiration of the rental period, the LESSEE cannot unilaterally extend the rental period.
9- TERMINATION RIGHT, TERMINATION OF CONTRACT, AND PENALTY CLAUSE:
9.1 These general conditions and the rental agreement shall enter into force as of the date of signature, and the contract shall terminate automatically upon the return of the rented vehicle to CASTLE in accordance with the terms of the rental agreement, vehicle delivery form, and general conditions, without any need for further notice. Even if the contract is terminated, CASTLE is entitled to claim rights arising from the rental agreement, general conditions, and vehicle delivery form.
9.2 If deemed necessary, CASTLE may unilaterally terminate the rental agreement and general conditions without any reason during the rental period, without the need for any notice, warning, or judgment.
9.3 If the LESSEE ceases trading, applies for concordat, initiates enforcement proceedings against them, faces financial difficulties, goes into liquidation or has been declared bankrupt or if an application for bankruptcy deferment has been made to the court or if the LESSEE fails to pay in full and on time any of CASTLE's receivables arising from the rental agreement, general conditions, or vehicle delivery form, or if the credit card information specified in the rental agreement is blocked, reduced, canceled, or expired, rendering the credit card unusable, or if the vehicle is abandoned anywhere or if there is suspicion of abuse of trust (at the discretion of CASTLE), the rental agreement and general conditions shall terminate automatically without any need for notice, warning, or judgment.
9.4 From the date of termination of the rental agreement and general conditions, the LESSEE is obliged to return the vehicle to CASTLE at the delivery location specified in the rental agreement and/or vehicle delivery form within 3 hours at the latest. If the LESSEE fails to do so, the LESSEE hereby agrees irrevocably that CASTLE may take possession of the vehicle wherever it is located without any need for notice, warning, or judgment. The LESSEE acknowledges, declares, and undertakes that they will not make any claims against CASTLE for the exercise of its right to take possession of the vehicle and waive all rights, claims, complaints, and other rights.
9.5 Until the vehicle is returned by the LESSEE or taken over by CASTLE, the LESSEE agrees that all obligations and responsibilities arising from the rental agreement, general conditions, and vehicle delivery form will continue to apply, and CASTLE will be released from all obligations and responsibilities.
9.6 Whether the vehicle is returned by the LESSEE or taken over by CASTLE, the LESSEE undertakes to pay all rental fees, late fees specified in clause 8.5, applicable VAT, and double the Central Bank of the Republic of Turkey's advance interest rate as default interest until the end of the rental agreement. In addition, CASTLE may demand compensation for any damages and losses incurred.
9.7 The LESSEE undertakes to return the vehicle belonging to CASTLE to CASTLE within 3 hours from the date of termination of the rental agreement or general conditions or termination for any reason whatsoever. The LESSEE acknowledges that even if late fees have been collected, failure to return the vehicle constitutes the offense of Misappropriation under Article 155 of the Turkish Penal Code.
10- ASSIGNMENT, TRANSFER, SUBLEASE, AND ARREST PROHIBITION: The LESSEE may not assign or transfer the rental agreement and general conditions to anyone else without the written consent of CASTLE; may not allocate or lease the vehicle rented/delivered to them to anyone else, use it as collateral, or sublease it; may not exercise any lien or similar action on it. The vehicle may not be taken abroad without the written consent of CASTLE. In the event of written approval, all expenses and responsibilities for foreign travel will be borne by the LESSEE. CASTLE may transfer or assign the rental agreement, general conditions, vehicle delivery form, and/or any rights, receivables, and obligations arising therefrom to another party without the need for the LESSEE's permission.
11- EVIDENCE: The LESSEE acknowledges and undertakes that in the event of any dispute, CASTLE's books and records will be relied upon, and CASTLE's books and records are considered conclusive and definitive evidence within the meaning of Article 193 of the Law of Civil Procedure, and the LESSEE will not object to CASTLE's records in any way.
12- PRIVACY PRINCIPLE AND COMMUNICATION: The PARTIES agree that any commercial and professional information belonging to the other party under the rental agreement, general conditions, and vehicle delivery form is confidential and undertake not to disclose this information to third parties by the said parties or their employees during and after the contract. This confidentiality commitment shall remain valid even after the termination or cancellation of the rental agreement and these general conditions. If the LESSEE violates the confidentiality obligation, they are obliged to compensate CASTLE for any damages that may arise. Sharing information such as the vehicle, brand, model, license plate, LESSEE, user, additional driver, credit card, etc., by CASTLE with third parties and institutions that it receives services from shall not be considered a violation of privacy. The LESSEE pre-accepts CASTLE's authority in this regard.
13- RESOLUTION OF DISPUTES: Turkish Law shall apply in the interpretation of these general conditions, the rental agreement, and the vehicle delivery form and/or in all disputes arising from or related to these general conditions, the rental agreement, and the vehicle delivery form, and Istanbul Courts and Enforcement Offices shall have jurisdiction over the resolution of disputes. In case additional annexes are executed/are to be executed in addition to these general conditions, the rental agreement, and the vehicle delivery form, and if the Turkish and foreign language versions of these annexes are prepared in the same document, the Turkish text shall prevail in the interpretation of these texts.
14- INTEGRITY OF THE CONTRACT:
14.1 If any provision contained in these general conditions, the rental agreement, or the vehicle delivery form is deemed invalid or becomes unenforceable for any reason, the remaining provisions of the contract shall remain in effect.
14.2 Any amendment or addition not made in writing with the mutual signature of the parties in these general conditions, the rental agreement, or the vehicle delivery form shall not be valid.
15- NOTIFICATION: The PARTIES agree, declare, and undertake that their addresses specified in these general conditions and/or the rental agreement are their legal notification addresses, and unless a change of address is notified in writing to the other party within 3 (three) days, notifications made to these addresses shall have all the legal consequences of valid notification.
16- NON-WAIVER: The failure or delay of CASTLE to exercise any right or authority granted under these general conditions, the rental agreement, or the vehicle delivery form does not constitute a waiver of that right or authority, and the partial or full exercise of any right or authority does not prevent the subsequent use of that or any other right or authority.
17- ELECTRONIC DATA COMMUNICATION PERMISSION: The LESSEE acknowledges and declares that they consent to receive information and campaign messages via various channels such as SMS, e-mail, web and application notifications, phone calls, and letters from CASTLE regarding opportunities, promotions, and information related to existing brands within CASTLE and brands that will be included in the future, and that their contact information may be shared with companies that CASTLE is currently collaborating with or will collaborate with in the future.
The LESSEE acknowledges that the vehicle(s) rented under this agreement may have systems that allow geographical location identification, including but not limited to vehicle tracking systems.
18- ANNEXES: Both the annexes executed together with these general conditions and the rental agreement/ agreements and vehicle delivery form(s) executed after the signature of these general conditions shall be an integral part of these general conditions and shall be interpreted together.
These general conditions consisting of 18 articles have been read, negotiated, and signed in 1 (one) original copy on ……… /…..… /..…..…. date, and the copy has been given to the LESSEE.
ANNEX 1
INSTANCES WHERE THE BENEFIT FROM THE DAMAGE MANAGEMENT SYSTEM IS INVALID:
The Benefit from the Damage Management System shall be invalid and any damage incurred shall be excluded from the coverage of the Damage Management System in the following cases:
1- Allowing persons other than those whose names are written on the rental contract to use the vehicle,
2- Using the vehicle outside of normal usage conditions (such as using the vehicle with high engine temperature, walking on a flat tire under poor road conditions, filling the vehicle with the wrong fuel, and similar other situations),
3- Using the vehicle under the influence of alcohol or drugs,
4- Failure to report an occurred accident or theft immediately to the contact numbers provided to the customer, abandoning the vehicle at the accident scene (except in the case of a condition determined by a doctor's report),
5- Failure to obtain the accident report and alcohol report held by the Security forces and deliver them to CASTLE within 48 hours from the necessary authorities in case of an accident,
6- Failure to deliver the original key and registration document in case of vehicle theft.
7- Failure to return the vehicle without obtaining approval and even after the end of the rental period,
8- Damage occurring to the vehicle or to third parties due to loads carried in the vehicle,
9- In case of gross negligence such as red light violations, driving in the opposite direction, etc.,
10- In cases found to be 100% faulty,
11- Material compensation amounts arising from damage to third parties are covered by the coverage of the Compulsory Motor Vehicles Financial Liability Insurance Policy. The customer is responsible for amounts exceeding the coverage limits.
12- In the event of a second accident within 1 month, it is agreed that in no way the guarantee will be covered, and the LESSEE undertakes not to object to the fact that it will be covered by the tenant.
13- In case of accidents occurring due to the end of the rental period and non-payment at the end date, the LESSEE accepts that the vehicle damage, loss of value, and loss of business will be paid by the LESSEE.
14- The LESSEE has no right of cancellation, return, or withdrawal.
15- Incomplete, wet, or unsigned reports will be considered invalid.
16- It is agreed that in the case of incomplete documents, damages without reports will be considered invalid even if the warranty package is purchased, and the LESSEE accepts that the damage amount and loss of value of the vehicle will be paid by the LESSEE. The value loss per front right and left fender requiring paint is 5,000 TL, per front and rear right and left door is 7,500 TL, per rear right and left fender requiring paint is 5,000 TL, and for damages to the trunk and hood, the value loss per piece is 10,000 TL, which the customer accepts and undertakes to pay.
17- The damage management and warranty package cover the body parts of the vehicle, and all damages occurring in the vehicle interior and mechanical parts (cigarette burns, seat stains, tears, and all damages occurring inside the vehicle) will be paid by the Lessor.
18- SERVICE FEES: Traffic Fine: In addition to the traffic fine for each transaction, a service fee of 30% will be applied.
Passage Fee: HGS / Motorway, Highways, Bridge, etc. Passage fees will be paid based on the amounts loaded onto the HGS tags in the vehicles by CASTLE, and in addition to the passage fee, a service fee of 30% + VAT will be applied to the LESSEE.
Damage: In case of damage caused by an intoxicated, unlicensed, and/or unauthorized driver, in addition to the damage amount to be charged to the LESSEE, a service fee of 1,000 TL + VAT will be applied.
Damage: In the case of documented damages with the warranty package, a service fee of 500 TL will be applied.
Fuel: In case the fuel level of the vehicle is returned lower than the unit it was delivered with, for each unit of missing fuel, a damage of 100 TL + VAT will be applied, and in addition to the missing fuel amount, a service fee of 50 TL will be applied. The missing fuel amount is calculated assuming a full fuel tank of 12 units.
19- Accidents that occur during the period between the end of the rental day and the extension without payment are excluded from the warranty package.
20- Parking fees for vehicles during the rental period are the responsibility of the customer, and in case of non-payment, the parking fee will be calculated as double the amount and will be paid without objection.
21- The competent authority for any disputes arising from this contract is the ISTANBUL Courts and Enforcement Offices.
This contract, consisting of 21 articles, has been read, negotiated, and signed under each page by the parties and has been signed with full consent.
For the rental process, the LESSEE must meet the financial (Findeks) criteria determined by the Lessor.
TR
EN