GENERAL TERMS OF THE LEASE CONTRACT
This contract has been drawn up between the Lessor MİLAN TİCARET TURİZM A.Ş. (MİLAN) active at the address Anafartalar Caddesi No: 10 Dalaman-MUĞLA and Lessee ............................... active at the address ................................... . The Lessee declares and undertakes that he/she rented the vehicle, the information of which is specified on Vehicle Submission form, from the Lessor under this contract, he/she shall use this vehicle pursuant to the terms stated in the contract and vehicle submission form, he/she shall pay the rental fee and he/she accepts the general conditions of the contract.
1- The Lessee shall return and deliver the vehicle on the specified date as he/she received it in the city where the vehicle is rented. He/she shall receive approval of the Lessor for all time extensions. In the event of a time extension without any approval, it is accepted by the parties that the Lessee possesses the vehicle unlawfully.
2- The Lessee accepts, declares and undertakes that he/she shall not:
a) use the vehicle for transporting passengers or goods for the purpose of explicit or hidden income;
b) use the vehicle to push or draw any vehicle or trailer;
d) drive under the influence of alcohol or drugs or be driven by another driver who is not stated as co-driver;
d) drive under the influence of alcohol or drugs or be driven by another driver who is not stated as co-driver;
e) use the vehicle for motor sports (including races, speed assignment, rallies, durability and speed trials)
f) use the vehicle for transporting load/goods damaging the vehicle or exceeding the limit of loading,
g) use the vehicle in ways and conditions (such as terrain, mountainous terrain, sand, marsh, stream bed etc.) that are not suitable for the renting purpose taking into consideration the brand and model of the vehicle, and on places and roads that are not suitable for technical structure and lasting and out of their purpose, briefly in road conditions which are extraordinary and not suitable for traffic conditions.
3- General information and commitments on the use of vehicle:
a) A driver who has a driver license valid for at least 1, 2 or 3 years and/or who is specified as co-driver on Vehicle submission form shall use the vehicle.
b) The driver should not be over the age limit of ..... .
c) The vehicle can also be used by persons (co-driver/drivers) whose name(s) is/are written on vehicle submission form by the Lessee at the beginning of the lease period, and who are eligible under conditions described in articles (a) and (b).
d) Lessee is responsible for ensuring that the person he/she authorizes to drive the leased vehicle is in compliance with all conditions of this contract. Otherwise, the Lessee shall be fully responsible for all possible results.
4- By signing this contract, the Lessee is obliged to fulfill the accepted conditions, and pay the following with the conditions determined by the Lessor:
a) Rental fee calculated over the number of leasing days with regard to the current price list,
b) In case the vehicle is delivered with a fuel level lower than when the vehicle is submitted, the lacking fuel amount together with a service fee of at least 30% of this amount,
c) If the Lessee has an accident that is not in compliance with the scope of motor insurance general conditions, the entire harm and damage allowance. If the accident is occurs in compliance with motor insurance general conditions, Lessee shall cover damage within the scope of its damage management system.
The parties agree that if any reasons -such as the Lessor’s being under the influence of alcohol or drugs, or violating the traffic rules- are identified in the event of an accident, the Lessor has the right to claim from the Lessee all kinds of damages such as repair price caused by the accident, all expenses caused by the accident, all kinds of positive or negative damages, vehicle loss in value, all kinds of cost to be given to third parties and/or vehicles together with the indemnities.
e) In the event that the vehicle rented by the Lessee is stolen, he/she is obliged to pay the price of the vehicle or the equipment pursuant to current purchase price.
f) The parties agree that the below-mentioned issues are not within any insurance and/or damage management system, are not covered by the insurance or the Lessor, and shall be covered by the Lessee herewith.
Opening of the tire without any accident, damages on wheel trim
Wheel cover and spare wheel steal
Damage of license, plate, fire extinguisher and equipment
Loss of the vehicle key and/or damage to the key due to usage
Any kind of damage to the vehicle that is not within the scope of insurance
g) Motor insurance general conditions apply for car thefts and in cases where the insurance companies do not describe as theft, and the Lessor accepts in advance to pay the price of the vehicle and other damage costs, which are not included in the scope of the motor insurance and not paid by the insurance company.
h) The Lessor shall not be held responsible for robbery or stealing of the goods from the vehicle.
l) Lessee İs liable to indemnify and pay the damage costs that are not covered by Compulsory Traffic Insurance given to 3rd parties and all damages under any names.
5- Lessee accepts that the vehicle is delivered in a stable and good condition both in terms of mechanical and vehicle body, and there is no damage or accident mark. The Lessee accepts and undertakes to pay upon first demand all damages, losses, and penalties in the vehicle which he/she took delivery of in a stable and good condition including mechanical, electrical and other demands of 3rd parties, which are caused due to usage error and/or carelessness, carelessness, and which are not collected and demanded by the insurance companies within the scope of traffic insurance.
6- The Lessee shall check the vehicle regularly for the purpose of regular maintenance from the date he/she received the vehicle until the date of delivery, and if necessary for maintenance, he/she deliver the vehicle to the office where he/she took delivery of it. Otherwise, the Lessee shall be liable for causing the vehicle to be out of guarantee, and for any damages that may arise under any names.
7- The vehicle used by the Lessee is protected only by traffic insurance conditions. In addition, damage compensation shall be made within the scope of the Lessor’s damage management system for accidents within the framework of motor insurance general conditions. However, under all circumstances, the Lessee accepts the damage responsibility and to cover related expenses in the event that the vehicle is damaged in the following conditions:
a) If the driver is under the influence of alcohol and/or drugs,
b) In cases where the legal speed limit is exceeded (indicating that the accident occurred due to speed in the accident report)
c) In cases where traffic accident report is not issued and alcohol report is not received, in deliberate accidents,
d) In case of driving the vehicle against traffic laws,
e) In case of accidents and/or damages caused by persons driving the vehicle other than the driver(s) designated as the co-driver in the contract and lease contract,
f) In cases where motor insurance cost is not paid in accordance with the General Conditions of the Insurance and Reinsurance Companies Association of Turkey, and/or the insurance companies do not pay for any reason.
8- The Lessee and other authorized drivers (co-driver) should take the following precautions to protect the interests of the Lessor and the insurance company in the event that an accident occurs within the rental period:
a) Taking the names and addresses of related persons and witnesses,
b) Taking photocopies of driving license, license and traffic insurance policies of the party/parties in two-vehicle accidents, or written information (driver’s license no., province of issuance, traffic insurance policy numbers and name of insurance company etc) if taking a copy is not possible,
c) Not accepting responsibility or guilt,
d) Not leaving the vehicle without taking adequate security measures,
e) Notifying the nearest officers or related authorities immediately in case of an accident that results in financial or material damage or death,
f) Delivering the accident notification, and related minutes and reports, to the Lessor’s office within 24 hours at the latest.
9- The Lessor shall not be held responsible for the loss of any properties carried or left in the vehicle by the Lessee. The Lessee acquits the Lessor from lawsuits, accusations or damages that may arise due to an above-mentioned type of loss or harm.
10- The Lessee is obliged to take necessary measures and lock the vehicle’s door to prevent possible accidents or theft when he/she is not using the vehicle.
11- Material loss to and treatment costs of 3rd parties and travelers in the vehicle is restricted to the vehicle’s compulsory traffic insurance limits, all responsibility and obligations that exceed policy limits -including moral and material loss- shall belong to the driver.
12- The Lessee accepts and undertakes that the leased vehicle(s) shall not be given to any other persons or institutions under any circumstances, and not be made available or sold to any persons, whose names are not written on the Lease Contract and General Sales Conditions, for any reasons and under any circumstances.
13- Loss of earnings for unused days if the vehicle is disqualified or prevented from traffic for lessee-related reasons, or if it is not possible to use the vehicle, all parking expenses if the vehicle is taken to a car park, any judicial and administrative fines issued, all damages that has arisen or will arise from being disqualified from traffic, etc. all kinds of expenses shall be borne by the Lessee.
14- The Lessee shall not take the vehicles outside Turkey.
15- The Lessee accepts and undertakes to pay the amounts written on traffic tickets issued for the related vehicle. The Lessee shall not request any discounts (early payment discounts etc.) for these traffic tickets.
16- The fuel to be used in vehicles shall be under the initiative of the Lessee, and costs of malfunctions arising from the use of wrong fuel shall be borne by the Lessee.
17- The Lessee’s failure to comply with any article of this contract, especially to deliver the vehicle on the agreed date, the Lessor is authorized to immediately take the mentioned vehicle back, regardless of where it is located and without the need for any warning in advance. The Lessee is obliged to pay possible damages and expenses while the Lessor is taking the vehicle back. The Lessor shall not be responsible for the loss of or damage to any objects or properties located in the vehicle while the Lessor is taking the vehicle back.
18- The Lessee shall make payments against invoice at specified times. In the event of paying the rental fee, other amounts within the scope of the contract and legal amounts, the Lessee accepts, declares and undertakes to pay a default interest of twice the advance interest of Central Bank of the Republic of Turkey starting from the invoice date without the need for any warning or notice.
19- The Lessee declares that the failure to deliver the vehicle in spite of expiration of the contract period constitutes a crime as per the provisions of criminal law, and he/she knows that he/she cannot benefit from any insurance, guarantees and legal rights in terms of damages and responsibilities if the vehicle is used after the lease duration and/or by persons other than the lessee, and against law.
20- Any amendments or additions to these provisions and conditions are invalid if they are not written.
21- The Lessee accepts and undertakes in advance to consent that all contractual and legal payments arising from the lease are charged from the credit cart, if any, he/she submitted in the beginning of the lease duration.
22- The Lessee accepts in advance that the books, records and documents of the Lessor are valid and sufficient legal evidences as per Article 193 of Code of Civil Procedure.
23- Dalaman Courts and Execution Offices shall be authorized for the settlement of disputes arising from this contract. Date: Name: Surname: Signature:
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