PARTIES
On one side, Topgear Car Rental L.L.C, with its registered address at …………………………………………………………………, and on the other side, the individual or legal entity signing this agreement, have entered into the following terms of this Motorized Land Vehicle Rental Agreement (General Terms and Conditions).
DEFINITIONS
LESSOR: Topgear Car Rental L.L.C.
LESSEE: The individual or legal entity who signs these general terms and the rental agreement.
USER/DRIVER: The driver indicated in the rental agreement/vehicle delivery form who is authorized to use the vehicle.
VEHICLE: The motorized land vehicle rented to the lessee, as specified in the rental agreement and vehicle delivery form, including brand, model, license plate, and other details, and provided for use by the lessee for the rental period.
GENERAL TERMS: These General Terms and Conditions of the Motorized Land Vehicle Rental Agreement.
RENTAL AGREEMENT: The agreement specifying the vehicle's group, brand, model, license plate, and other features, along with the rental duration, rental fee, additional products, security/insurance, and other conditions.
VEHICLE DELIVERY FORM: The form outlining the vehicle's condition when delivered to the lessee and its condition when returned, along with other relevant details.
DAMAGE SERVICE FEE: The administrative fee incurred in case of accidents, damages, and similar situations (charged separately for each damage).
FUEL SHORTAGE SERVICE FEE: The service fee incurred if the vehicle is returned with insufficient fuel.
PENALTY ADMINISTRATION FEE: The service fee incurred in case of traffic fines, toll violations, and similar situations (charged separately for each violation).
SUBJECT: The subject of these General Terms is the rental conditions of the vehicle rented to the lessee through the rental agreement and the conditions for the payment of the rental fee and other charges, as well as the mutual rights and obligations of the parties.
The vehicle is rented to the lessee for the rental period according to the rental agreement. The lessee declares and undertakes to use the vehicle in accordance with the rental agreement, the vehicle delivery form, and these general terms, and to pay the rental fee and all other fees specified in these general terms.
The lessee accepts that they have received the vehicle, including all tires, spare tires, documents, accessories, equipment, and tools, as well as the vehicle’s periodic maintenance being complete and in good condition, excluding those mentioned in the vehicle delivery form. The lessee confirms that the vehicle has no visible signs of accidents or damages. The lessee is responsible for the maintenance of the additional products, documents, equipment, accessories, and tools provided with the vehicle, including any chain, navigation system, child seat, etc., which are not covered by damage repair and vehicle theft insurance. In case of loss, theft, or damage, the lessee will pay the current market value of the item at the time of the incident directly to the lessor.
The lessee agrees to comply with the usage instructions provided in the vehicle's manual prepared by the manufacturer, exercise the necessary care and attention while using the vehicle, and ensure that the vehicle remains in good condition.
The lessee agrees to use the vehicle within the boundaries of Turkey in accordance with the Highway Traffic Law and other relevant legal provisions, not to take the vehicle outside Turkey without the lessor's written consent, and acknowledges that no guarantees or insurances will be valid if they do so. In such cases, the lessee will bear all costs, including return costs. The lessee is also responsible for any costs arising from violations of laws and regulations (traffic fines, towing fees, loss of rental income, etc.).
The lessor has arranged for the "compulsory liability insurance" for the rented vehicle. If the lessee wishes to be covered by additional policies for theft, damage, voluntary liability, and personal accident coverage, they may pay the premiums in advance. If the lessee chooses not to use or pay for these policies, they will be responsible for any damages, losses, administrative or legal sanctions, penalties, and costs related to accidents involving the rented vehicle, including any third-party claims.
The insurance coverage will not be valid in the following situations:
a) Use of the vehicle for illegal activities, in abnormal traffic conditions, off-road, or on unlicensed ferries, or for transporting animals.
b) Violation of traffic laws.
c) The use of the vehicle by a driver not specified in the rental agreement or vehicle delivery form, leading to an accident or damage.
d) Situations where the insurance policy does not cover certain cases, such as failure to pay the insurance premium or the insurer's refusal to pay for damages.
e) Allowing valet or car wash personnel to use the vehicle, resulting in accidents or damages.
f) The driver being under the influence of alcohol or drugs during an accident.
g) Exceeding legal speed limits or accidents caused solely by the lessee's fault.
h) When a traffic accident report is not prepared or an alcohol report is not obtained.
i) Accidents caused by carelessness, such as high-rev driving.
j) In cases of non-payment of the rental fee, where the lessee is in default (no notice required).
k) Damage to tires, rims, spare tires, license plates, fire extinguishers, and other equipment, including loss of the vehicle's documents.
l) Loss of keys or damage caused by improper use of the keys.
m) The lessee is fully responsible for third-party claims or passenger claims exceeding the mandatory traffic insurance limits or for non-material damages.
n) If the lessee fails to submit the required documents, including traffic accident reports, alcohol tests, vehicle registration copies, traffic insurance policy copies, and any other documents requested by the lessor, within 24 hours of the accident or event, they will lose the right to benefit from the insurance coverage and will be responsible for the rental fees during that period.
6. The vehicle subject to the contract shall not be used under the following conditions, and in case of violation, all criminal and legal responsibility will rest with the renter:
a) For transporting goods that violate customs regulations and other laws,
b) For commercial purposes, such as transporting passengers or cargo,
c) For pushing or towing any vehicle or object,
d) In motorsports (including but not limited to races, rallies, speed trials, etc.),
e) In conditions or locations unsuitable for the vehicle's brand and model (such as sandy, mountainous terrain, riverbeds, swamps, etc.),
f) By a driver under the influence of alcohol or drugs, or without a valid driving license, or by a driver not listed as the driver or additional driver in the rental agreement,
g) For transporting personal goods or items that exceed the vehicle's load capacity or may damage the vehicle,
h) For transporting animals,
i) For damages caused by cigarette or similar material contact,
j) Outside of the public road network or on scheduled or licensed ferries and trains, during land, sea, or air transportation.
**7. The vehicle will be driven by a driver with a valid driving license and who meets the age and experience requirements specified in the rental agreement and vehicle delivery form. The renter is responsible for ensuring that additional drivers listed in the rental agreement and delivery form comply with all terms and conditions. The renter, together with the driver and additional drivers, will be jointly and severally liable for any damages or losses. The rental company provides the vehicle based on the renter's declaration of meeting these conditions, and the responsibility for verifying and ensuring compliance with the conditions rests with the renter. If the vehicle is used outside the agreed rental period, by third parties, or by drivers not meeting the age or license requirements, or in violation of laws or the rental agreement, the insurance and guarantees will be void. In such cases, the renter will be fully responsible for any damage, theft, loss, depreciation, or income loss. The renter cannot demand compensation from the rental company for damages caused by third-party use of the vehicle.
8. The renter agrees not to make any modifications to the vehicle without the written consent of the rental company. In case of unauthorized modifications, the renter will be responsible for all repair and restoration costs, as well as any losses incurred during the repair process.
**9. The renter agrees to cover any mechanical and electrical system damages caused by misuse or negligence (including, but not limited to, transmission damage caused by improper gear shifting, damages caused by hitting the vehicle's underside, continuing to drive despite warning lights, tire and rim damage, fuel-related damages, clutch set replacement, etc.) that are not covered by traffic insurance and cannot be repaired under warranty. The renter will also cover any rental losses and expenses claimed by third parties. The damage management service fee applicable at the time of the damage will be payable by the renter to the rental company upon request. The rental company will determine the damage amount through a proforma invoice, and the renter will pay this amount.
**10. All fuel, parking fees, highway fees, tolls, and traffic fines, along with any interest and charges, will be borne by the renter and paid by the renter directly. The renter agrees to pay any traffic fines, even if they are issued only to the vehicle’s license plate without a name or signature. If the rental company has paid a traffic fine, it will seek reimbursement from the renter, including any late payment fees. The renter cannot demand an appeal or reduction in fines related to highway fees, tolls, parking fees, or traffic fines. Furthermore, the rental company is authorized to collect these fees directly from the renter's credit card or deposit without requiring prior notice, regardless of the end of the rental period.
**11. To secure any damages to the vehicle or the rental company's other rights under the contract, the renter will provide a deposit amount as determined by the rental company according to the vehicle group. The deposit can be paid by the renter via credit card or blocked on the renter’s account before vehicle delivery. This deposit will be refunded or unblocked within 48 hours after the vehicle is returned in good condition and on time, and provided that the renter has no outstanding debts. If the vehicle is returned late or with damage, the rental company can collect the additional amount due from the renter.
**12. The renter is solely responsible for any material or immaterial damages caused to third parties or the environment during the use of the vehicle. The rental company will be indemnified by the renter for any losses incurred due to these damages.
**13. If the renter fails to pay any amounts due under the rental agreement or general terms, and if a precautionary seizure or injunction is sought, the renter agrees that the rental company does not need to provide a guarantee.
**14. In case of unlawful use of the vehicle by the renter or any third party, or if the vehicle is involved in any criminal activities, the rental agreement will automatically terminate, without the need for any notice or warning. The renter will be responsible for all costs arising from towing, transportation, parking, fines, taxes, duties, and any other damages or losses. The renter will pay any additional rental fees based on the highest daily rental rate for the duration of the legal measure without objection.
**15. The renter agrees to use the vehicle within the mileage limits specified in the rental agreement and vehicle delivery form. If these limits are exceeded, the renter agrees to pay the excess mileage fee according to the current rate.
**16. The renter is obligated to return the vehicle with the same amount of fuel that was present when the vehicle was delivered. If the vehicle is returned with more fuel than it was delivered with, the renter has no right to claim any refund or compensation. If the vehicle is returned with less fuel, the renter will be charged for the missing fuel, plus an 80 TL service fee. The fuel level will be determined by the rental branch at the time of vehicle return.
**17. The renter is free to choose the fuel supplier, but any repairs or damages caused by fuel mistakes will be borne by the renter.
**18. The rental company provides the vehicle for the renter’s personal use. The renter may not transfer or assign the rental agreement to any third party. The renter may not allow any third party to use the vehicle, use it as collateral, sub-rent it, or perform any similar transactions. If this condition is violated, the rental company has the right to terminate the agreement immediately, and the guarantees will be void. The renter will be fully responsible for any damages resulting from such violations and will not be entitled to a refund for any early termination of the agreement. If the vehicle is rented or assigned to another person, the rental company has the right to charge a penalty fee equal to twice the total rental amount for the vehicle, or if the vehicle is sold or attempted to be sold, the rental company may demand the current value of the vehicle as a penalty fee.
a) The rental fee calculated based on the number of days the vehicle is rented.
b) The additional fees for extra services such as a navigation device, child seat, snow tires, etc., if requested for the rented vehicle.
c) The fees and premiums for the services and/or insurances, such as Damage Liability Insurance (CDW), Rapid Damage Insurance (SR), Vehicle Theft Insurance (TP), Optional Liability Insurance (IMM), Personal Accident Insurance (PAI), Excess Liability Insurance (EXCESS), and Super Damage Liability Insurance (SCDW), if requested.
d) The cost of refueling and a service fee of 80 TL.
e) If the renter did not request or accept Damage Liability Insurance (CDW) when the contract was made, the renter is responsible for any damage, depreciation, loss of earnings, and any claims by third parties related to the accident.
f) If a fine is imposed due to non-compliance with general traffic rules, alcohol or drug use at the time of the accident, the lessor may demand the repair costs and other expenses, including any financial and non-financial compensation claims related to the accident from the renter.
g) If someone other than the driver or co-driver specified in the contract uses the vehicle, all insurances will become invalid, and both the renter and the person driving the vehicle will be jointly and severally liable for all damages, compensation claims, depreciation, and loss of earnings.
h) Any additional rental fees, one-way charges, taxes applied by law, mileage overage fees, damage/loss compensation, service fees, parking fees, HGS, OGS, toll fees, traffic fines, and all other fees arising from this rental agreement.
i) If the renter has not requested or paid for Vehicle Theft Insurance (TP), the renter agrees to pay the full value of the vehicle, including keys and other accessories, if the vehicle is stolen, at the time of the first request by the lessor.
j) The lessor is not responsible for any damages to the vehicle caused to other motor vehicles, third parties, or passengers that exceed the limits and conditions of the Mandatory Liability Insurance as provided by the lessor.
k) The costs for repairs (to be determined by the lessor via a proforma invoice) in cases of accidents, rollovers, and damages to the vehicle, towing, parking fees, and all legal costs, such as lawyer fees, arising from any claims, will be paid by the renter.
The renter must make payments as specified in the rental agreement. If the rental period is 1 month or less, the lessor may request the rental fee to be paid in advance. For rentals exceeding 1 month, the request for advance payment may apply to monthly rental periods or the entire rental amount. If monthly payments are allowed, the rental fee for the first month is paid in advance, and subsequent monthly rentals are collected at the beginning of each following month. If the renter fails to pay the rental fee, the total amount due for the rental period will become immediately due, and the renter agrees to pay it with default interest at twice the Central Bank of Turkey's advance interest rate.
The renter agrees that all amounts arising from the rental agreement, general terms, and vehicle delivery form will be automatically deducted from the credit card provided in the rental agreement, without requiring any notice or approval. This condition remains valid even if the agreement ends or is terminated.
Damage repair and vehicle theft insurance limits will not exceed the current value of the vehicle at the time of the damage, and the renter is responsible for any damages that exceed the coverage limits.
In cases where damage or theft is covered by insurance, the renter can only benefit from the coverage if the "Rapid Damage Insurance" has been requested, purchased, and paid for.
In the event of an accident, the renter and additional drivers must take the following actions:
a) Inform the lessor immediately by calling the branch phone lines. b) In accidents resulting in death or injury, do not move the vehicle and ensure that the necessary reports are made by contacting the nearest police or gendarmerie. c) Take photos of the accident scene. d) Gather the names and addresses of witnesses. e) Do not admit fault if no fault exists. f) In two-party accidents, collect the license, registration, and insurance information from the other party. g) Do not leave the vehicle without taking adequate security measures. h) Submit the accident report and related documents to the lessor within 24 hours.
The lessor is not liable for any personal belongings stolen from the vehicle.
In case of an accident, the lessor may block a deposit amount on the renter's credit card without requiring permission, to cover any potential compensation.
If the renter returns the vehicle early, the lessor has the discretion to decide whether a refund will be issued. If the rental payment has been made in advance but the vehicle is not picked up on time, the payment will not be refunded.
The lessor is not responsible for any damages, losses, or compensation arising from the vehicle's manufacturing defects.
The lessor is not liable for any damages resulting from the vehicle being out of service.
The renter must return the vehicle to the lessor at the agreed-upon address and time in the rental agreement or vehicle delivery form. If the vehicle is returned to an unauthorized location, the renter must pay the one-way charge.
If the rental agreement is terminated, the renter will continue to be responsible for all obligations until the return of the vehicle.
In case of delay in returning the vehicle, the renter is liable for the following penalties: 1/3 of the daily rental fee for the first hour, the full daily rental fee for delays of 3 hours or more, and the highest daily rental fee for delays over 24 hours.
All responsibilities and liabilities will continue until the vehicle is returned to the lessor.
If the renter has paid for vehicle theft insurance, they must take necessary precautions to prevent theft, such as keeping the vehicle locked when not in use.
The renter is responsible for any damages discovered upon returning the vehicle that go beyond normal wear and tear.
The lessor may terminate the rental agreement unilaterally if the renter fails to meet their obligations or if they are involved in bankruptcy or legal disputes.
The rental agreement, general terms, and vehicle delivery form come into effect upon signing and will continue to apply until the vehicle is returned.
The lessor may transfer rights and obligations from the rental agreement to another party without the renter's consent.
Personal Data Usage Consent: The lessor has the right to process the renter’s and additional drivers' personal data in accordance with the "Personal Data Protection Law" for the purposes outlined in the rental agreement, including credit checks and fraud prevention, and may share this data with relevant third parties.
