This agreement is made between OSCAR TURIZM OTOMOTIV LTD. STI (OSCAR), operating at its registered address at Babatasi Mahallesi Adnan Menderes Bulvari No:57/A Fethiye/MUĞLA (Lessor), and the natural or legal person whose name and address are stated on the front page of this agreement, who has signed the agreement and who has taken the vehicle for use in return for rental payment (Lessee).
The subject of this vehicle rental agreement is to determine the rental conditions of the vehicle rented to the LESSEE under the rental agreement, the terms and conditions of payment by the LESSEE of the rental fee and other applicable charges, and the mutual rights and obligations of the parties.
3-1 The Lessee agrees to return the vehicle owned by the Lessor, together with five tires, tools, relevant documents (vehicle registration certificate, maps, etc.) and all accessories, in excellent condition as stated in the agreement, on the date and at the time specified therein, at the place where it was received unless otherwise agreed.
3-2 The Lessee expressly agrees that under no circumstances shall the vehicle be used for any of the following purposes:
3-3 At the time of entering into the agreement, the Lessee must be at least 21 years old and must present a valid domestic or international driving licence held for at least one year. The Lessee may not allow third parties to use the vehicle without the approval of the Lessor. Use of the vehicle by third parties other than the Lessee is only permitted if the Lessor records the identity, address and driving licence information of such persons in the agreement and obtains their signatures. In the event of an accident, penalty or damage arising from the use of the vehicle by a person whose name and signature are not recorded in the agreement, all insurance coverage shall be deemed invalid, and the Lessee and the third party using the vehicle shall be jointly and severally liable for all material and non-material damages. The Lessee and such third party agree and undertake in advance to pay all costs incurred or that may arise as a result.
3-4 Except while driving, the Lessee is obliged to keep the vehicle in a closed and locked place in a manner ensuring its security. In the event of theft, the Lessee shall be liable for the rental fees accruing until the vehicle is recovered, calculated on the basis of the daily rental rate stated in the rental brochure.
3-5 If the Lessee fails to return the official documents belonging to the vehicle (registration certificate, keys, licence plates and licence plate holder) to the Lessor upon delivery of the vehicle, the Lessee shall pay the rental fee for the period until such items are found and returned, as well as any expenses incurred for replacing them in the event of loss.
3-6 If the vehicle is confiscated or seized by the competent authorities for any reason, regardless of whether the Lessee is at fault, all expenses related to any efforts required to recover the vehicle shall be borne by the Lessee. The Lessee shall also be responsible for the rental fees accruing during this period.
3-7 If the vehicle gives a maintenance warning during the rental period, the Lessee must immediately inform “OSCAR”. Repairs, replacement parts and tire replacement costs arising from normal use and ordinary wear and tear shall be borne by the Lessor. However, repairs, replacement parts and tire replacement resulting from abnormal use or an accident, as well as damage arising from freezing and similar events, and transportation expenses incurred to bring the vehicle to the rental location if the vehicle becomes immobile as a result of such events, shall be borne by the Lessee. The Lessor may also charge the Lessee for loss of use of the vehicle based on the applicable rental tariff. Repairs required outside the area shall be reported to the Lessor's nearest station and carried out after obtaining the Lessor's approval. The Lessee shall reimburse the Lessor for the detailed invoice issued in the Lessor's name.
3-8 All fuel, parking, HGS, OGS, motorway and bridge tolls and traffic fines, together with any interest and related charges, shall be borne and paid by the LESSEE. The LESSEE shall remain responsible for all fines issued during the rental period even after the rental period has expired. Even where a fine is issued solely against the vehicle's licence plate without the name and signature of the driver, the LESSEE agrees to pay such fine. Any OGS, HGS, motorway, bridge, parking charges and traffic fines received by the LESSOR in relation to the vehicle during the rental period shall be paid by the LESSOR and subsequently collected from the LESSEE together with the amount paid, any applicable late payment interest and related charges, and a service fee. The LESSEE shall remain responsible for such amounts even after the rental period and these general conditions have expired. The LESSEE may not request the LESSOR to object to OGS, HGS, motorway, bridge or traffic fines, may not refuse to pay such fines on the grounds that the LESSOR did not object to them, and may not make any claim against the LESSOR in this regard. Furthermore, the LESSOR is authorized to deduct and collect parking, OGS, HGS, motorway, bridge and other tolls, traffic fines, interest and related charges and service fees from the LESSEE's credit card and/or deposit without waiting until the end of the rental period and without the need for any additional authorization, judgment or notice. This authorization of the LESSOR is not limited to the duration of the agreement; even after the agreement has expired, the LESSOR is authorized to deduct and collect parking, OGS, HGS, motorway, bridge and other tolls, traffic fines, interest and related charges and service fees from the LESSEE's credit card and/or deposit without the need for any additional authorization, judgment or notice. The LESSEE expressly accepts this authorization granted to the LESSOR.
3-9 The Lessee acknowledges and declares in advance that the LESSOR shall have no material or non-material liability, including any related expenses, for any loss of or damage to any goods or belongings left, forgotten or transported inside the vehicle by the Lessee or any other person during or before the rental period or after the vehicle has been returned to the Lessor.
3-10 One rental day consists of 24 hours. Weekly or monthly rental periods are calculated on the basis of 7 days and 30 days, respectively. In the event of delays:
3-11 The Lessor may, without being required to provide any reason or pay compensation, take back the vehicle and terminate the agreement at any time, or refuse to extend the rental period. In the event of unilateral termination, the Lessor may claim compensation from the Lessee for any loss incurred during the remaining rental period.
3-12 Unless agreed in writing between the parties, any additional provision shall be deemed invalid.
3-13 In all circumstances, the Lessee and the Lessor shall provide each other with the necessary assistance in pursuing their respective compensation rights against third parties, shall grant each other powers of attorney to the extent of their respective rights, and shall assign their rights to bring legal proceedings where required. Legal and court expenses shall be incurred in proportion to the respective rights of the parties.
3-14 With respect to the vehicle, all debts and obligations arising from the status of “operator” as defined by applicable laws and all liabilities relating to the operation of the vehicle shall belong to the LESSEE. The LESSEE shall be solely responsible for all material and non-material damages caused by the vehicle to third parties, motor vehicles and/or the environment. The LESSEE shall indemnify the LESSOR for all damages that the LESSOR is required to pay for such reasons. The LESSEE's liability for damages occurring during the rental period shall continue even after the rental period and these General Conditions have expired.
3-15 The vehicles are equipped with a vehicle tracking system. For the purposes of preventing theft, loss and similar security breaches, the LESSOR may track and monitor the rented vehicle and record its location and mileage information. Such records may, where necessary, be disclosed to relevant third parties/institutions, whether official or unofficial, for security purposes or in connection with legal, judicial or administrative proceedings and investigations.
3-16 The Lessee may not in any way assign, pledge, transfer or encumber any rights arising from this agreement, or the vehicle and its equipment and accessories, and may not use them in a manner that causes damage to the Lessor. Any breach of this undertaking shall entitle the Lessor to immediately demand the return of the vehicle without making any payment.
3-17 The Lessee is obliged to use the vehicle within the mileage limits specified below. If the specified mileage limit is exceeded, the LESSEE agrees, declares and undertakes to pay an excess mileage charge of 15 TRY + VAT per kilometre.
3-18 The Lessee is obliged to return the vehicle with the same amount of fuel that was present in the tank at the time of rental. If the LESSEE returns the vehicle with insufficient fuel, the cost of the missing fuel shall be calculated based on the current pump price and the determined amount shall be invoiced to the LESSEE in full. In such case, the LESSEE shall also be required to pay the LESSOR a service fee equal to the rate specified in the vehicle delivery form, together with the applicable VAT. Even if the damage is identified after the vehicle has been returned, the LESSEE shall remain responsible for the resulting loss. The LESSOR is authorized to collect the applicable damage amount and service fee from the LESSEE's credit card without the need for any additional authorization, notice or judgment, and this authorization shall not be limited to the duration of the agreement.
4-1 At the time of entering into the agreement, the LESSOR shall collect from the LESSEE a rental deposit equal to approximately 25% above the estimated rental and mileage amount according to the applicable tariff at that time (minimum €200). The final calculation shall be determined at the end of the rental. The basis of payment is Turkish Lira. Payment may be made in cash or in foreign currency calculated according to the official exchange rate. In addition, valid credit cards shall be treated as cash provided that they do not exceed their available limits. Where deemed necessary, the LESSOR may, without prior notice, use one of the foreign currencies as the basis for calculation. The LESSEE may extend the rental period with the LESSOR's approval by giving at least 48 hours' prior notice and providing the required additional deposit.
4-2 The LESSEE shall make payments in the manner determined by the LESSOR. The LESSOR may require the rental fee to be paid in advance. If the LESSEE fails to pay the rental fee, the other charges under the General Conditions and Vehicle Delivery Form, and legal payments fully and on time, all amounts shall become immediately due and payable without the need for any notice or warning, and the LESSEE agrees, declares and undertakes to pay all due amounts together with default interest calculated at twice the advance interest rate of the Central Bank of the Republic of Türkiye applicable from the invoice date. The LESSOR's right to unilaterally terminate the rental agreement and General Conditions is reserved.
5-1 The LESSOR has insured its vehicles with compulsory motor third-party liability insurance in accordance with the Highway Traffic Law. Obtaining comprehensive motor insurance (CASCO) or supplementary liability insurance is at the LESSOR's discretion. In the event of any accident or damage, the LESSEE's ability to benefit from insurance coverage is subject to fulfillment of the conditions below. In cases where it is determined that the accident resulted from the LESSEE's sole fault, the damage and losses shall not be covered by insurance.
5-2 Unless the LESSEE has a medically documented condition preventing him/her from doing so, the accident must be reported to the LESSOR immediately. The LESSEE shall not interfere with the damaged vehicle and shall take the necessary measures to protect it. The LESSEE shall be liable for any loss of items from the vehicle.
5-3 If the LESSEE causes an accident or causes damage to third parties, the damages incurred shall be claimed by the LESSOR from the insurance company. The LESSEE shall be responsible for any damages exceeding the amount recovered from the insurance company and for any compensation that the LESSOR is required to pay by way of recourse. Any non-material claims made by injured persons or their relatives shall be borne by the LESSEE. The LESSEE's right of recourse is reserved.
5-4 All insurance coverage shall be valid only for the period specified in the rental agreement.
5-5 The LESSEE shall be directly liable for accidents caused by a driver who is under the influence of alcohol or drugs or who does not hold a valid driving licence, as well as for accidents arising from goods transported in the vehicle or caused by such goods.
5-6 The LESSEE shall be unconditionally liable for all material and non-material damages suffered by the vehicle as a result of any accident.
5-7 If the LESSOR is unable to benefit, in whole or in part, from insurance compensation due to any act or omission not attributable to the LESSOR, the LESSOR shall have the right to claim from the LESSEE the resulting damages and compensation for loss of use of the vehicle. Compensation for loss of use shall be calculated based on the daily rental rate stated in the brochure applicable for the relevant period.
5-8 This agreement shall prevail over all other agreements or protocols entered into or to be entered into between the LESSOR and the LESSEE. In matters not regulated by this agreement, the other applicable agreement shall become effective.
5-9 In the event of damage to the vehicles, the Lessee shall be liable for material damages in varying amounts depending on the vehicle group. Damages and losses up to 56% of the vehicle's value are excluded from coverage and shall be borne by the Lessee. The deductible accident insurance applicable to each vehicle rental covers material damages within the applicable insurance limits, which vary according to the vehicle group, in cases of damage or loss of €900 or more, provided that a traffic and alcohol report is submitted. Damages and losses up to €900 are excluded from coverage.
5-10 The LESSEE and additional drivers are obliged to take the following measures in the event of an accident:
5-11 In the event of damage to or an accident involving the vehicle, the Lessee shall be obliged to pay the daily rental fee for the number of days the vehicle remains in the repair shop.
6-1 If the LESSEE wishes to return the rented vehicle early, no refund shall be made. In such case, the LESSOR shall also have the right to claim any rewards and services earned through campaigns or other benefits, or the monetary value thereof. The LESSOR shall not be obliged to keep a vehicle available throughout the prepaid reservation period if the vehicle is not collected on time. If the vehicle is requested to be collected at any time during the reservation period after failing to collect it at the scheduled time, whether the LESSOR accepts such request shall depend on the vehicle availability at that time, and the LESSOR cannot be obliged to provide a vehicle.
6-2 The LESSEE shall return and deliver the vehicle, spare tire, all tires, vehicle documents, accessories, additional products, equipment and tools to the LESSOR's return address on the return date and at the return time specified on the front page of the vehicle rental agreement, in full and without damage, in the same condition as received. If the LESSEE returns the vehicle to an address other than the designated return address with the LESSOR's written approval, the LESSEE shall pay the one-way fee determined by the LESSOR for recovering the vehicle.
6-3 The LESSEE must return the vehicle, its documents, keys, accessories, tools, key holder and licence plate holder, together with any additional products and equipment, undamaged and complete, in the same condition as received. The LESSEE shall be responsible for any deficiencies identified upon return of the vehicle and any damage or loss beyond normal wear and tear, and shall immediately pay the amount determined by the LESSOR. In addition, the LESSOR reserves the right to inspect the vehicle in detail and notify the LESSEE of any damage or deficiencies within 30 days from the date of return. The LESSEE shall be responsible for all damage and loss beyond normal wear and tear occurring to the vehicles.
6-4 The LESSEE shall apply to the LESSOR for all extensions and obtain the LESSOR's written approval. In the absence of written approval, the parties agree that the LESSEE shall be deemed to be unlawfully retaining the vehicle during any such extension. In the event that the LESSEE fails to comply with any provision of the LESSEE's obligations and these General Conditions, particularly failure to return the vehicle to the LESSOR at the specified time, the LESSEE grants the LESSOR the authority to immediately recover and take possession of the vehicle wherever it may be, without prior warning, permission or court order. The LESSEE agrees, declares and undertakes not to make any claim against the LESSOR in this regard and to waive in advance all legal actions, complaints and other rights arising from such recovery. The LESSEE shall be liable for any damage and expenses incurred during the recovery or repossession of the vehicle by the LESSOR. The LESSOR shall not be liable for any loss of or damage to objects or materials located inside the vehicle during its recovery or repossession. Even if the LESSOR has collected the rental fee for the period of delay, this shall not be interpreted as an extension of the rental period or as converting the agreement into an indefinite-term agreement.
7-1 If deemed necessary, the LESSOR shall have the right to terminate this agreement unilaterally and without compensation at any time during the rental period, without giving any reason and without the need for any notice, warning or court order.
7-2 If the LESSEE partially or completely fails to comply with any or all of the obligations and undertakings set forth in the General Conditions and this vehicle rental agreement, the LESSOR shall have the right to terminate these General Conditions unilaterally and without compensation, without the need for any notice, warning or court order.
Turkish Law shall apply to these General Conditions and to all disputes arising between the parties. Fethiye Courts and Enforcement Offices shall have jurisdiction over the resolution of disputes.
The Lessor, acting as an independent data controller, may use and transfer the personal data collected in connection with this rental agreement or any related agreement or service concerning the Lessee (and any authorized driver) (“Lessee's Personal Data” or “Personal Data”) for the purposes set out below:
a) Processing the Lessee's Personal Data in order to manage the rental and commercial relationship, communicate with the Lessee or provide support in relation to the rental agreement. For this purpose, the Lessor processes the Lessee's Personal Data (i) as required for the performance of the agreement (e.g. invoicing) or (ii) based on its legitimate interests in ensuring the effective provision of the requested services, unless the rights of the Lessee and additional authorized drivers relating to the protection of their personal data override such interests.
b) Retaining the Lessee's or authorized driver's Personal Data relating to an incident where, as a result of any event occurring in the relationship between the Lessee or authorized driver and the Lessor, the Lessor considers that the Lessee or authorized driver may pose a risk for future rentals. The Lessor processes the Lessee's Personal Data for this purpose based on its legitimate interests in protecting its employees, other customers, property and the public from security and financial risks, unless the rights of the Lessee and additional authorized drivers relating to the protection of their personal data override such interests.
c) Verifying the driving and credit information provided by the Lessee and authorized driver (including the Lessee's Personal Data) through credit agencies, licensing authorities, fraud prevention agencies and databases. The Lessor processes the Lessee's Personal Data for this purpose based on its legitimate interests in preventing fraud, unless the rights of the Lessee and additional authorized drivers relating to the protection of their personal data override such interests.
d) Providing details of accidents involving the Lessee or any additional authorized driver (including the Lessee's Personal Data) to relevant insurance databases. The Lessor processes the Lessee's Personal Data for this purpose where necessary for the establishment, exercise or defence of legal claims.
e) Providing the Lessee's Personal Data to government authorities monitoring travel routes in order to assist with the enforcement of traffic regulations during the rental period. The Lessor processes the Lessee's Personal Data for this purpose where necessary to comply with applicable legal obligations.
f) The Lessor may provide the Lessee's Personal Data to the relevant tax office or authority, persons engaged in debt collection, credit institutions and other relevant institutions where such disclosure is (i) required under the agreement; (ii) necessary to comply with a legal obligation; and/or (iii) necessary for the Lessor's legitimate interest in collecting its receivables.
