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Rental conditions

  1. With this agreement, the lessor (Kalkan Nirvana Rent a Car) has rented the vehicle described on the front page (it will be referred to as vehicle in this agreement) under the terms of this agreement, and the tenant has rented the vehicle by accepting the conditions.
  2. 2. The tenant must comply with the highway regulations and applicable laws. In case of criminal action due to vehicle use contrary to laws and regulations, the tenant is responsible for the expenses (fine, vehicle tying, vehicle towing, etc. ).
  3. 3. The tenant is responsible for the criminal proceedings and their ancillaries (traffic fines, expenses incurred as a result of coupling and towing of the rental vehicle, and other expenses that may occur as a result of the relevant accident) as a result of accidents caused by acting contrary to the highway traffic rules.
  4. The tenant is informed that only he/she can use the vehicle provided for his/her use in accordance with this Agreement and that the right of use is not granted to any third party outside the contract. The Tenant will be responsible for all damages that occur in case of violation of this article, vehicle delivery-return dates or any other article of the Agreement; The Lessor will be able to claim and/or collect any damages incurred from the Tenant. If there is an Additional Driver, this provision will be applied to the Additional Driver by analogy and the Tenant and the Additional Driver will be jointly and severally liable to the Lessor .
  5. 4. Rental is at least 1 day (24 hours). For shorter term rentals, a daily price is applied. In case of delay, 1/3 of the daily wage will be charged per hour up to 3 hours, and if the delay exceeds 3 hours, the full day fee will be charged.
  6. 5. The tenant will return and deliver the vehicle on the agreed day. For all extensions, Kalkan will apply to Nirvana Rent a Car and obtain its approval. In the extensions made without approval, it is accepted by the parties that the Tenant has kept the vehicle in reserve unlawfully.
  7. 6. At the beginning of the rental, vehicle users are required to present their driver's license and usable credit cards. Payments are made with a valid credit card at the beginning of the rental.
  8. 7. At the beginning of the rental, a temporary blockage is applied to the tenant's credit card as collateral in amounts varying depending on the vehicle group. If the rental period is more than 1 month, the blocked amount is equal to the monthly rental fee. The tenant can pay for additional rent days, fuel shortage, damage, traffic fines, etc. via credit card . He accepts in advance that he will not object to the collection of rental fees. In transactions regarding traffic fines, the service fee will be charged at 20% (twenty percent) of each fine, plus VAT, up to a maximum of 100 TL. The vehicles have HGS (Fast Pass System) and the tenant will make the payment to the relevant office with the addition of 15% service fee on top of the transfer fee upon return from the rental. Tenants using OGS (Automatic Passage System) are obliged to pay illegal toll fees.
  9. 8. If the tenant requests, the following additional insurances that expand the insurance coverage can be purchased;
  10. - Minor Damage Insurance covers material damages (excluding tire, glass, headlight damage) up to a determined amount that varies depending on the vehicle group, without the need for a written statement from the customer and a police report. In case of damages exceeding the amount determined by the mini-damage insurance, the customer is responsible for the entire damage cost.
  11. - LCF Assurance; 1 single damaged tire without any damage to the body or exterior parts of the rented vehicle (rim damage is not covered by this insurance) or 1 all windows and side mirror glasses (roof glass is not covered by this insurance) or 1 damage to the headlights (rear stop lights, signal lights) included) are covered by LCF insurance.
  12. - Optional liability insurance, in addition to compulsory liability insurance, provides assurance against third parties for a maximum amount of 500,000 TL .
  13. - Personal accident insurance insures the driver and passengers in the vehicle within insurance limits.
  14. 9. In case of damage or malfunction in the rented vehicle, the renter is responsible for delivering the vehicle to the authorized service in a safe manner and without increasing the damage. If support is not received from Kalkan Nirvana Rent a Car offices or Kalkan Nirvana Rent a Car Roadside Assistance call center during the delivery of the vehicle to the service, the towing cost will be paid by the tenant.
  15. 10. The tenant will return and deliver the vehicle in the same condition in which it was received, to the city where the vehicle was rented or to Antalya or Muğla Airport specified on the front page, on the day and time specified at the beginning and at an earlier date upon the request of the renter.
  16. 11. The tenant is responsible for paying the following, upon the request of the lessor;
  17. a. Daily rental fee and/or mileage fee to be calculated according to the amounts specified on the front page for the day the vehicle is used and/or the distance it travels during the rental period (the amount of distance traveled by the vehicle is determined by reading the mileage meter placed on the vehicle by the manufacturer. If the mileage meter is broken, the mileage fee It is calculated based on the distance of the journey on the map)
  18. b. Insurance fees and other fees based on the amounts agreed upon and specified in the rental agreement,
  19. c. If the vehicle is left in a different place than the pick-up office, one-way fee determined by the Lessor until the place where it is left,
  20. D. Value added tax and other taxes to be responsible for,
  21. to. During the rental period, all other fines and court expenses imposed against the vehicle, the tenant, another driver or the lessor, arising from parking, traffic rules or law violations, and expenses that may arise due to the connection of the vehicle and the fees for the days when the vehicle cannot be rented, except for those arising from the fault of the renter,
  22. f. The costs incurred due to the repair of any damage that may occur to the vehicle due to a collision or rollover, the renter's expenses and the material and moral compensation that he is responsible for paying to third parties will be paid by the tenant. However, the tenant will be able to benefit from vehicle insurance provided that he signs the relevant 'Accept' section in the rental agreement and pays the insurance exemption limit premium in advance, uses the vehicle in accordance with all the conditions in the agreement and completes the transactions.
  23. g. The Tenant acknowledges that the vehicle has been received in a sound and good condition in terms of mechanics and bodywork (other than those specified in the rental agreement and vehicle delivery form), and that due to usage error in the vehicle and/or due to carelessness and imprudence, within the scope of traffic insurance rules, any kind of damages that cannot be requested and collected from insurance companies accepts and undertakes to pay all damages, losses and penalties, including mechanical, electrical and other third party demands, at the first request, for example; Damages caused by incorrect gear changing, continuing to use the vehicle despite the warning light coming on, continuing to use the vehicle after the vehicle has been hit, and damages caused by not notifying the maintenance despite the need for maintenance during the rental period.
  24. h. In order for a person other than the renter to use the vehicle, valid identification and driver's license information must be entered into the contract at the beginning of the rental and additional daily driver fees must be paid. If this rule is not followed, the insurance purchased will be deemed invalid and the tenant and the users will be held responsible for all damages.
  25. I. The fuel of the vehicles that will arrive with missing fuel at the end of the rental will be completed at Kalkan Nirvana Rent a Car offices, and the payment will be made by the tenant with a 30% service fee and VAT amount added to the fuel amount. If traffic fines related to the rental period are not paid by the tenants at the end of the rental period, they will be paid to the Lessor. Traffic fines that cannot be detected at the end of the rental and will come later will be collected from the credit card of the tenant with the consent given at the beginning of the rental by informing the tenant.
  26. I . For delivery and pickup in cities where Kalkan Nirvana Rent a Car offices are not available, km in the amount determined by the Lessor based on the distance to the nearest Kalkan Nirvana Rent a Car office. A fee is charged per head. For vehicles rented for less than 4 days, if the vehicle is delivered to a location other than the city where it was rented, a fee will be charged according to the one-way tariff.
  27. j. Expenses incurred by the lessor during the collection of the payments required to be made by the tenant in accordance with this agreement,
  28. k. For payments made by credit card, the tenant cannot object to the credit card slips taken as deposits being filled out and collected by the lessor in accordance with the rental agreements.
  29. 12. Although the Tenant has accepted the Standard Insurance coverage and Mini Damage Insurance applied by Kalkan Nirvana Rent a Car, he accepts to cover the damage liability and related expenses without objection in case the vehicle is damaged under the following conditions,
  30. a. If he/she was under the influence of alcohol and/or drugs at the time of the accident,
  31. b . In cases where it is stated in the accident detection form/report that the accident was caused by the Tenant's unilateral fault (In case similar records are stated, including but not limited to not adapting/using the speed of the vehicles to the weather, road, visibility, technical specifications and traffic conditions)
  32. c. If it is stated in the accident determination form that the legal speed limit was exceeded and that the accident occurred due to speed,
  33. D. In single-sided accidents, where the accident report is not prepared, in double-sided accidents, where the declaration is filled out incompletely, where alcohol report is not taken, as well as in deliberate accidents, driving with a high turnover rate , etc. Damages that may occur due to carelessness or intentionality, damages that may occur due to the use of wrong or illegal fuel, as a result of tire explosion, damages that may occur due to driving on the rim, in case of using a vehicle contrary to traffic laws, in case of using a driver's license contrary to traffic laws, by persons other than the drivers specified in the rental agreement. In case of an accident, in cases where the insurance companies do not pay the insurance fee due to the violation of the conditions determined by the insurance policies, the tenant will be liable for the damage costs incurred in case of damage to the upper parts of the vehicle (as a result of hitting objects such as bridges, balconies, branches, etc. ), traffic insurance. and is obliged to pay even if he has received damage assurances.
  34. to. Material damages and treatment expenses to third parties and passengers in the vehicle are limited to the compulsory traffic insurance limits of the vehicle, and all responsibilities and obligations that may occur, including non-pecuniary damages, belong exclusively to the tenant.
  35. f. Tire split, tire damage, rim damage regardless of accident (if LCF assurance is not purchased)
  36. g . Loss of wheel cover and spare wheel
  37. h. Damage to license, license plate, fire extinguisher and in-vehicle equipment
  38. I. Key loss and/or key damage due to use
  39. j. All kinds of damages and losses not covered by insurance
  40. 13. The tenant will pay the determined fee at the time of vehicle delivery, and the costs incurred by the inquirer, at the end of the rental, by credit card, mail order or cash. Tenants with a current account will make their payments for the debt in cash or via bank after the invoice is issued. If the tenant does not pay the debt arising from the rent and the elements of the rental agreement on time, the tenant accepts, declares and undertakes to pay the amounts due as of the invoice date and to pay 5% (five percent) default interest from the invoice date, without the need for any warning or notification. The tenant accepts, declares and undertakes that in case of non-payment of the rent, he/she is authorized to take a provisional lien or injunction decision without providing any guarantee to Kalkan Nirvana Rent a Car .
  41. 14. The vehicle shall not be used in the following ways:
  42. a. In return for open or secret income, passenger/freight transportation, pulling/pushing of any vehicle, transportation, possession of substances contrary to customs legislation and other laws, or other illegal transactions, alcohol (including the use of alcohol below the legal limit specified in the Law - e.g.:0 -0.30 promil) and/or under the influence of drugs, In motor sports (race, speed, rally, endurance, speed trials, etc. ).
  43. b. Carrying loads/items that exceed the loading limit in a way that could damage the vehicle on roads that are closed to traffic or unsuitable for traffic, transporting more people than the capacity of the vehicle, using the vehicle on roads (swamps, terrain, stream beds, etc. ) that are not suitable for their technical structure and tolerance, using the vehicle from the tenant. Use by someone else (For persons other than the tenant, there is a requirement to register as an additional driver in advance. However, the person who will use the vehicle cannot be relieved of the responsibilities in the agreement and will be jointly responsible with the user.)
  44. c. Repair costs of damages occurring outside the country borders, outside the legal speed limits, due to violation of the rules specified within the scope of the contract, and all expenses and compensations arising from the accident are paid by the tenant.
  45. 15. In case of damage to the vehicle given to the tenant, a damage follow-up fee of 5% of the damage will be charged from the tenant. When the vehicle is not used by the tenant, the tenant is obliged to take precautions against possible accidents or theft. As a precaution, the tenant must park the vehicle in a safe place, with the doors locked and not leaving the license in the vehicle. In case the vehicle is stolen, the vehicle key and license must be delivered to the Kalkan Nirvana Rent a Car office within 24 hours, provided that they prove that they have notified the relevant security units . In case the mentioned measures are not taken and/or the vehicle is stolen due to theft, the renter agrees to pay the vehicle price and other damages.
  46. 16. If goods or passengers are transported by vehicle, the tenant is solely responsible for any damage or loss that may occur to the transported goods or passengers.
  47. 17. In the event of an accident resulting in material, fatal or physical damage, the tenant must immediately report the situation to the nearest police officers or relevant units and deliver the minutes and reports to the relevant Kalkan Nirvana Rent a Car office within 24 hours at the latest.
  48. 18. The tenant or any authorized driver specified in article 12-g above is insured with a traffic insurance policy. The legal liability arising from accidents that cause damage to third parties is assumed by the lessor in the amount of compensation he can receive from the insurance companies within the limits of the contracted financial liability insurance coverage . All material and moral compensation and legal liability above this amount belongs to the tenant and the lessor has the right of recourse to the tenant. The tenant will also take the following measures to protect the interests of the lessor and the lessor's insurance company in case of an accident during the rental period;
  49. a. Obtaining the names and addresses of the relevant parties and witnesses, not accepting the crime unless the responsibility or guilt is proven, not leaving the vehicle without taking adequate safety precautions, in case of any accident or damage, calling the nearest Kalkan Nirvana Rent a Car office, and also asking the renter, including the necessary diagram, to To complete the accident report, to immediately notify the nearest police if it is necessary to determine the guilt of another person or if there is an injured person or a dead person.
  50. 19. The tenant will be insured within the scope of the terms and conditions of the personal accident insurance policy concluded with the lessor's own insurance company and provided that he pays the stipulated price by signing the front page.
  51. 20. In case of damage to the vehicle that will be reflected on the insurance company, the renter is obliged to complete and deliver the documents and procedures. The rental agreement will continue to operate at the daily rental price until the documents and procedures are completed.
  52. 21. After the renter takes the vehicle back from the tenant, he is not responsible for the objects and belongings left in the vehicle. The tenant is obliged to have the vehicle periodically maintained during the rental period according to the instruction book in the car. If the invoices for the transactions to be carried out at the authorized services within the scope of Kalkan Nirvana Rent a Car information are presented, the fees will be deducted from the tenant's debt and the remaining amount will be paid to the tenant. In case of malfunction of the vehicle, the renter will immediately park the vehicle safely and notify the nearest Kalkan Nirvana Rent a Car office. Repair costs are only accepted if Kalkan Nirvana Rent a Car offices have given prior permission. Kalkan Nirvana Rent a Car is not responsible for the loss or damage of objects and items in the vehicle during the return of the vehicle. If the contract period expires, the tenant declares that the contract has ended without the need for any warning and that failure to deliver the vehicle despite the expiration of the contract for any reason constitutes a crime under the provisions of criminal law. He declares that he is aware that, if used, he will not be able to benefit from any insurance, guarantee or legal rights in terms of damage and liability, and that no further notification will be made regarding these matters.
  53. 22. Upon expiration of the rental period, the Tenant will not be able to unilaterally extend the rental period. If the tenant wishes to extend the rental period, the rental period can be extended with the written consent of the lessor or the tenant will consent to the new vehicle being given. If the Lessor does not approve the Tenant's request to extend the rental period, and in any case, upon the expiration of the rental period specified in this Agreement; On the day the rental period ends, the renter of the vehicle subject to the contract will be registered at " Yesilköy mah. Ataturk bulv . No:142/2 Kaş/Antalya" or to another address to be notified to the lessor in writing. Lease extensions will remain bound by the terms of this contract even if the next lease agreement has not been signed. The tenant will be subject to penalties for not delivering the vehicle even though the contract period has expired. He accepts and declares that it constitutes a crime under the provisions of the law and that he will not be able to keep the vehicle outside the rental period and that he will not be able to benefit from insurance, guarantees and legal rights after the expiration of the rental period and/or during illegal use of the vehicle.
  54. 23. If the tenant does not comply with any article of this agreement, especially if he does not deliver the vehicle on the agreed date, the TENANT grants Kalkan Nirvana Rent a Car the authority to immediately take back the vehicle in question, wherever it is and without the need for prior warning . is responsible for paying any damages and expenses that may occur during receipt. If the contract period has expired, the TENANT is aware that the contract has ended without the need for any warning and that failure to deliver the vehicle even though the contract has expired for any reason constitutes a crime under the provisions of criminal law. He declares that he is aware that, if used, he will not be able to benefit from any insurance, guarantee or legal rights in terms of damage and liability, and that no further notification will be made regarding these matters.
  55. 24. The Lessor may terminate this Agreement unilaterally at any time by notifying the tenant, including via e-mail, fax or SMS.
  56. 25. The rental conditions in the information brochures, which are not specified in this agreement, but are printed by the lessor and given to the customer at the beginning of the rental and are considered an integral part of this agreement, have been accepted by the tenant exactly.
  57. 26. There are mileage limits for the use of vehicles as follows, and in case of exceeding the mileage, a fee will be charged in the amounts specified in the table above.
  58. 27. “The Tenant irrevocably accepts, declares and undertakes that he/she is aware that there are systems that provide geographical location identification, especially but not limited to the vehicle tracking system, in the vehicle( s) rented pursuant to this Agreement .”
  59. 28. Parties; In case of disputes that may arise from this contract, the lessor's documents, books, statements and records and computer records are valid alone, binding on all parties, definitive and exclusive evidence, and that no other evidence can be used, and even if it is, it will not be taken into account.
  60. 29. All disputes arising from or related to this agreement; It will be finally resolved by arbitration before the Kaş courts in accordance with the Expedited Arbitration Rules of the Kaş courts. The language of arbitration will be Turkish. The place of arbitration is ANTALYA/KAŞ/Turkey. Turkish law will be applied to the merits of the dispute. The number of arbitrators will be determined as stipulated in the Kaş courts rules. When necessary, the parties may request interim measures in accordance with the Emergency Arbitrator Rules of Kaş courts.
  61. 30. The Lessor, acting as an independent data controller, collects the Lessee's personal data (and the personal data of any authorized driver) collected in connection with this rental agreement or any related agreement or service (“Tenant's Personal Data” or “Personal Data”) may be used and transferred for the following purposes:
  62. a) To process the Tenant's Personal Data to manage the rental and commercial relationship, to communicate with the Tenant or to provide support regarding the lease agreement. For this purpose, the Lessor may process the Tenant's Personal Data (i) in accordance with the contract (e.g. billing) or (ii) for its legitimate interests in ensuring the effective delivery of the requested services (these interests are overridden by the Tenant's and additional authorized drivers' rights regarding the protection of personal data). unless it arrives) works.
  63. b) Within the framework of the Tenant's or authorized driver's relationship with the Lessor, in cases where the Tenant or additional authorized driver considers that the Tenant or additional authorized driver may pose a risk for future rentals as a result of any incident, to store the Personal Data of the Tenant or additional authorized driver regarding the incident in question. The Lessor processes the Lessor's Personal Data based on past customer behavior in accordance with its legitimate interests in protecting its employees, other customers, assets and the public from security and financial risks (unless these interests are overridden by the Lessee's and additional authorized drivers' rights regarding the protection of personal data). .
  64. c) To verify the driving and credit information provided by the Tenant and authorized driver (including the Tenant's Personal Data) through credit institutions, licensing institutions, fraud prevention agencies and databases. The Lessor processes the Tenant's Personal Data in accordance with its legitimate interests in preventing fraud in this context (unless these interests are overridden by the Tenant's and additional authorized drivers' rights regarding the protection of personal data).
  65. d) To provide details of accidents involving the Tenant or any additional authorized driver (including the Tenant's Personal Data) to relevant insurance databases. The Lessor processes the Tenant's Personal Data for this purpose when necessary for the establishment, exercise or defense of legal claims.
  66. e) To provide the Tenant's Personal Data to government agencies that oversee road schedules in order to assist in the enforcement of any traffic regulations during the rental. The Lessor processes the Lessee's Personal Data for this purpose when necessary to ensure compliance with applicable legal obligations.
  67. f) The Lessor shall submit the Tenant's Personal Data to the relevant tax office or authority, the person who collects the debt.
  68. to credit institutions and other relevant institutions, (i) in accordance with the contract; (ii) for compliance with a legal obligation and/or; (iii) It may provide it within the framework of the lessor's legitimate interest in collecting its receivables.
  69. 31. Lessor, Tenant's Personal Data Privacy policies. For details, please see the Privacy Policy at https://kalkannirvanarent.com/sayfa-gizliği-politikasi-7.)

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