PARTIES
On the one hand, Atlas Car Filo Tourism Industry and Trade Limited Company, whose registered head office address is "Yağcılar Neighborhood, 15 July Boulevard, Firdevs Birinci No: 148 A", and on the other hand, the real or legal person who signs this agreement; this Motor Vehicle Rental Agreement General Terms and Conditions have been executed between the parties.
DEFINITIONS
1. With the rental agreement, the vehicle has been rented to the lessee for the rental period. The lessee declares and undertakes that they will use the vehicle in accordance with the rental agreement, vehicle delivery form and these general terms, will pay the rental fee and the fees/charges specified in these general terms, and that they irrevocably accept all provisions stated in the rental agreement, vehicle delivery form and these general terms.
2. The lessee acknowledges that they have received the vehicle with all tires, spare tire, vehicle documents, accessories, equipment and tools, fully maintained and in complete condition; except for the items stated in the vehicle delivery form, the vehicle is in sound and good condition both mechanically and cosmetically, with no accident or damage. The lessee is responsible for the safekeeping of additional products such as snow chains, navigation devices, child seats, etc., as well as vehicle documents, tools, equipment and accessories delivered together with the rental agreement and/or vehicle delivery form. These items are not covered by damage repair or theft insurance, and in case of damage, loss or theft, their current market value on the date of the incident shall be paid by the lessee to the lessor in cash and in full.
3. The lessee agrees and undertakes to comply with the provisions stated in the vehicle user manual prepared by the manufacturer, to exercise due care and attention in the use of the vehicle, and to ensure that the vehicle remains in good condition.
4. The lessee agrees and undertakes to use the vehicle in accordance with the Highway Traffic Law and all relevant legal regulations, within the borders of the Republic of Türkiye, and not to take the vehicle outside the borders of the Republic of Türkiye without the written permission of the lessor. Otherwise, no insurance or guarantee shall be valid, and in such case the lessee shall bear all expenses including return costs. In case of penalties imposed due to use contrary to laws and regulations, all resulting costs (traffic fines, loss of rental income due to vehicle impoundment, towing fees, etc.) shall be borne by the lessee.
5. Mandatory third-party liability insurance for the vehicle subject to the agreement has been arranged by the lessor. If the lessee wishes to be covered against damages and legal claims related to the rented vehicle or third parties, they may benefit from theft, damage, voluntary liability and personal accident insurance policies by paying the relevant premiums in advance at the time of signing the rental agreement. If the lessee does not wish to benefit from these policies or accepts them but does not pay the premiums in advance, the lessee shall be personally responsible for all damages, losses, compensations, penalties, loss of value and loss of income arising from accidents or other reasons involving the rented vehicle, as well as all administrative, criminal and legal sanctions and compensation claims that may be asserted by third parties, and undertakes to pay these amounts. Even if the lessee has accepted and paid the premiums for theft, damage, voluntary liability and personal accident insurance policies, all of these guarantees shall become invalid in the following cases; the lessee shall unconditionally cover damage-related expenses, penalties, loss of value, loss of income and compensations, and shall be responsible for all resulting costs:
a) If the vehicle is used for illegal activities, under extraordinary conditions, on roads unsuitable for traffic conditions, off-road, on non-scheduled ferries, or for animal transportation,
7. The vehicle shall be used only by drivers and/or additional drivers who meet the age and driver’s license duration requirements specified according to the vehicle group in the rental agreement and vehicle delivery form. The lessee is obliged to ensure that the additional drivers specified in the rental agreement and vehicle delivery form fully comply with the rental agreement, vehicle delivery form and general terms. The lessee, driver and additional drivers shall be jointly and severally liable for any damages and losses. The lessor provides the vehicle based on the lessee’s declaration that the required qualifications are met, and the responsibility for verification lies with the lessee. If the vehicle is used outside the rental period and/or by persons other than those specified, or by drivers not meeting age and license requirements, or by valet/car wash personnel, all guarantees and insurance shall be invalid even if paid, and the lessee shall be solely responsible for all damages, theft, loss of value and loss of income. The lessee may not request the lessor to claim against third parties.
8. The lessee undertakes not to make any modifications to the vehicle without the written consent of the lessor. Otherwise, the lessee shall be responsible for restoration costs, damages and loss of income during repairs.
9. The lessee agrees to pay upon first request all damages, losses, penalties, loss of income, third-party claims and the applicable damage management service fee for all mechanical and electrical damages not covered by traffic insurance or warranty, including but not limited to gearbox failures due to improper gear shifting, underbody damage, ignoring warning lights, tire and rim damages, fuel-related damages and clutch replacements. Damage amounts shall be determined by the lessor via proforma invoice and collected from the lessee. Whether the vehicle is repaired, delayed or not repaired is solely at the discretion of the lessor, and non-repair does not exempt the lessee from payment obligations.
10. All fuel, parking, HGS/OGS, highway, bridge tolls, traffic fines, interest and ancillary charges belong to the lessee. Even if fines are issued only with the license plate number, the lessee accepts payment. The lessor may collect fines, interest and service fees from the lessee’s credit card or security without notice. A service fee of 50 TL may be charged for each traffic fine.
11. The lessee shall pay or provide a security deposit determined by the lessor according to the vehicle group. The deposit shall be refunded or released within 48 hours after proper return of the vehicle, provided there is no outstanding debt. The lessor may collect any excess damages or receivables beyond the deposit amount from the lessee’s credit card without notice.
12. All liabilities arising from the legal status of “operator” under the law belong to the lessee. The lessee shall solely be responsible for all material and moral damages caused to third parties, vehicles or the environment, and shall indemnify the lessor for any payments made.
13. If provisional seizure or injunction is requested due to non-payment, the lessee accepts that the lessor is not required to provide security.
14. If the vehicle is involved in illegal acts, crimes, or is subject to official seizure, the rental agreement shall be terminated automatically without notice. The lessee shall immediately pay all related costs, damages, and rental fees calculated based on the highest daily rental rate, and may not request any refund.
15. The lessee must comply with mileage limits specified in the rental agreement. Excess mileage shall be charged according to the applicable tariff.
16. The lessee must return the vehicle with the same fuel level as received. Excess fuel shall not be refunded. Missing fuel shall be charged along with an 80 TL service fee and VAT, and may be collected from the credit card without notice.
17. The lessee may choose any fuel provider, but all damages caused by incorrect fuel use shall be borne by the lessee.
18. The vehicle is rented for the personal use of the lessee and may not be transferred, subleased, pledged or used by others. In case of violation, the lessor may terminate the agreement immediately, invalidate all guarantees, and collect penalties up to twice the total rental fee or the zero (new) value of the vehicle if attempted to be sold.
19. The lessee is obliged to pay all fees specified in the rental agreement, including but not limited to rental fees, additional services, insurance/guarantee premiums, missing fuel fees, damages, value loss, loss of income, tolls, traffic fines, taxes and all other related charges.
20. The lessee shall make payments in the manner specified in the rental agreement. If the rental period is one month or less, the lessor may request advance payment of the rental fee. For rentals exceeding one month, advance payment may be required on a monthly basis or for the entire amount. If monthly payment convenience is provided, the first month’s rental fee shall be paid in advance, and subsequent monthly rental fees shall be paid in advance at the beginning of each following month. If the rental fee and other charges specified in the rental agreement, general terms and vehicle delivery form are not paid in full and on time, all receivables shall become immediately due as of the invoice date without any notice, and the lessee agrees to pay default interest at twice the Central Bank of the Republic of Türkiye advance interest rate. The lessor reserves the right to terminate the agreement unilaterally. In such case, the lessee may not request any refund.
21. The lessee irrevocably agrees that all fees arising from the rental agreement, general terms and vehicle delivery form may be collected from the credit card specified therein without notice, regardless of the contract term. This provision shall remain valid indefinitely even if the agreement is terminated.
22. Damage repair and vehicle theft guarantee limits are valid within the limits specified in the applicable casco insurance general conditions and shall not exceed the vehicle’s market value at the date of the incident. All damages, compensation claims, value loss and loss of income exceeding these limits shall be borne by the lessee.
23. No benefit may be derived from damage repair and vehicle theft guarantees based solely on declaration. However, if the Fast Damage Guarantee has been purchased and paid for at the start of the rental, damages may be covered by declaration within limits determined by the lessor in accordance with applicable casco insurance conditions. The lessor has sole authority to determine whether damages fall within coverage, and the lessee may not object.
24. In case of an accident, the lessee and additional drivers are obliged to take the following measures:
a) Immediately inform the lessor by contacting branch phone numbers,
b) In accidents involving material damage, injury or death, apply to the nearest Police or Gendarmerie unit without moving the vehicle and obtain official reports and alcohol test results,
c) Take photographs of the accident scene,
d) Obtain the names and addresses of involved parties and witnesses,
e) Not admit fault if no responsibility exists,
f) In double-sided accidents, obtain copies of driver licenses, registration certificates and traffic insurance policies or relevant details if copies are not possible,
g) Not abandon the vehicle without adequate safety measures,
h) Submit accident notifications and documents to the lessor within 24 hours. The lessee is responsible for transporting the vehicle to an authorized service in a safe manner; towing fees shall be borne by the lessee.
25. The lessor has no legal responsibility for items stolen or lost from inside the vehicle. The lessee may not claim any compensation.
26. In case of an accident, the lessor may block an amount deemed appropriate from the lessee’s credit card as security without notice. The lessor may offset all receivables from this security, and the lessee agrees not to object.
27. If the lessee wishes to return the vehicle early, any refund is at the sole discretion of the lessor. If the vehicle is not collected on time despite advance payment, no refund shall be made.
28. The lessor is not the manufacturer of the vehicle and shall not be held liable for damages arising from manufacturing defects.
29. The lessor shall not be liable for damages arising from the vehicle being out of service.
30. The lessee shall return the vehicle to the designated return address on the specified date and time, complete and undamaged. Any extension requires written approval from the lessor. Unauthorized use beyond the rental period constitutes a criminal offense, and the lessor may repossess the vehicle without notice.
31. Collection of delay rental fees does not imply extension or conversion to an indefinite-term agreement.
32. In case of late return, the lessee shall pay 1/3 of the daily rental fee for delays of one hour or more, one full daily fee for delays exceeding three hours, and the highest daily rental fee for delays exceeding 24 hours, plus all resulting damages.
33. All obligations of the lessee shall continue until the vehicle is returned or repossessed.
34. If vehicle theft guarantee has been purchased, the lessee must take necessary precautions, keep the vehicle locked, and submit official theft reports and documents within 24 hours. Otherwise, all damages and losses shall be paid by the lessee.
35. Any damages detected at return beyond normal wear and tear shall be borne by the lessee. Preparation of a return report does not waive the lessor’s inspection rights.
36. If the lessee fails to comply with obligations or if deemed necessary by the lessor, the agreement may be terminated immediately without notice or compensation. The lessee shall pay all rental fees, penalties, legal costs and attorney fees.
37. These general terms enter into force on the signature date and terminate upon proper return of the vehicle, without prejudice to accrued rights.
38. The lessor may assign or transfer its rights and obligations without the lessee’s consent.
39. Data Usage Consent: The lessor may process and share personal data of the lessee and additional drivers in accordance with the Law on the Protection of Personal Data for contract execution, operations, marketing, fraud prevention, insurance procedures and legal obligations. The lessee consents to communications via SMS, email and phone and acknowledges rights under Article 11 of the Law.
40. In disputes, the lessor’s records shall constitute conclusive evidence pursuant to Article 193 of the Code of Civil Procedure.
41. Courts and Enforcement Offices of ……… shall have jurisdiction. In case of discrepancies between Turkish and foreign language versions, the Turkish text shall prevail.
42. Addresses stated in the agreement constitute legal notification addresses unless changed in writing within three days.
43. If any provision is deemed invalid, the remaining provisions shall remain in force.
44. All rental agreements, delivery forms and annexes executed together with or after these general terms form an integral part thereof. These general terms consist of 44 articles and have been read, negotiated and signed in one original copy.
45. The digital signature affixed on the tablet vehicle form shall have the same legal effect as a handwritten signature.
|
Group Description |
Vehicle Group |
Daily KM Limit |
Monthly KM |
Excess KM Fee (TRY) |
| Economy | E, O, B, X, N, Q, Z, R | 300 KM | 3600 KM | 5.00 TL |
| Economy Plus | A | |||
| Mid Economy | C | |||
| Mid Class | B3, H, I, D, G | 5.00 TL | ||
| SUV Economy | K2 | |||
| K | 3000 KM | |||
| M2 | 5.00 TL | |||
| M4 | ||||
| SUV | S, M | |||
| Large | F | |||
| Attractive Plus | R5, J | 5.50 TL | ||
| SUV Plus | T | |||
| Minibus | W | 6.00 TL | ||
| Luxury, Premium | L, U, P, Y, V |