GENERAL TERMS AND CONDITIONS OF THE LEASE AGREEMENT

1. With this agreement, the lessor (MARTI) has leased the vehicles requested by the lessee at different times during the term of this agreement, subject to the conditions of this lease agreement. The lessee has rented the vehicle by accepting the general terms and conditions of the lease agreement.

The agreement is open-ended and will remain in effect unless terminated by either party. The lessee may request vehicle rentals at different times within the lease period, in accordance with the terms of this agreement. For each rental request, a separate individual lease agreement will be signed, and in matters not covered by the individual lease agreement, the conditions specified in this agreement will apply.

2. Individuals who are 22 years old with a valid driver's license of 1 year can benefit from MARTI's car rental services for Economy and Economy Plus groups. Individuals who are 22 years old with a valid driver's license of 2 years can benefit from MARTI's car rental services for Middle groups. Individuals who are 27 years old with a valid driver's license of 2 years can benefit from MARTI's car rental services for Middle Plus, Luxury, and Luxury Plus groups. Individuals who are 27 years old with a valid driver's license of 3 years can benefit from MARTI's car rental services for Luxury Plus group.

 

3. The lessee must comply with the Road Traffic Law, regulations under the Road Traffic Law, and other applicable laws. The lessee will be responsible for any fines or penalties resulting from non-compliance with the law and regulations regarding vehicle usage (such as traffic violations, vehicle impoundment, vehicle towing, etc.).

 

4. The lessee will be responsible for any fines or penalties, as well as the consequences (traffic fines, impoundment and towing costs of the rented vehicle, damages, and other related expenses) resulting from accidents caused by violating traffic rules.

 

5. The minimum rental period is 3 days (72 hours). Daily rates apply for rentals of shorter durations. In case of delays, if the delay exceeds 2 hours, the full daily rate will be charged.

 

6. The lessee must return and deliver the vehicle on the agreed-upon day. For any extensions, the lessee must contact MARTI and obtain their approval. Extensions made without approval are considered as unlawfully retaining the vehicle by the lessee.

 

7. At the beginning of the rental, the drivers must present their driver's licenses, and if the payment is made by credit card, they must also present a valid credit card. Payments can be made in cash, via bank transfer, or with a valid credit card at the start of the rental.

 

8. At the beginning of the rental, a temporary blocking/insurance amount will be applied to the lessee's credit card or collected in cash/bank transfer as a security deposit, varying based on the vehicle group. If the rental period exceeds 1 month, the blocking/deposit amount will be equal to the monthly rental fee. The lessee agrees in advance not to object to the collection of additional rental day fees, fuel shortages, damages, traffic fines, electronic toll collection fees (HGS), bridge tolls, and other rental-related charges from the blocking/deposit amount or cash security deposit. In the case of traffic fines, a service fee equal to 20% (twenty percent) of each fine amount plus VAT, up to a maximum of 100 TL, will be charged. In vehicles equipped with HGS (Fast Pass System), the lessee must make the payment with a 15% service fee added to the toll amount when passing through toll booths during the rental period and make the payment at the relevant office. The service fee is limited to a maximum of 100 TL.

9. Upon the lessee's request, the following additional insurances that extend the coverage can be purchased:

 

- Comprehensive Insurance: If the lessee opts for this insurance package, in the event of an accident, with a valid traffic accident report and an agreed-upon report, and if all documents are submitted to the vehicle owner company without any missing information, no payment will be requested from the customer for the damages if there is no alcohol involved, the person driving the vehicle is the lessee, and no other legal procedures have been violated. However, if there is any missing information in these details, the comprehensive insurance package will be considered invalid.

 

- Solid Insurance: If the lessee opts for this insurance package, it covers up to 1000 TL for damages to the bodywork, upholstery, tires, and windows of the vehicle, without the need for a police report or statement. Any damage amount exceeding 1000 TL will be requested from the customer. The calculation is made by adding the loss of rental income to the damage amount.

 

- Super Solid Insurance: If the lessee opts for this insurance package, it covers up to 4000 TL for damages to the bodywork, upholstery, tires, and windows of the vehicle, without the need for a police report or statement. Any damage amount exceeding 4000 TL will be requested from the customer. The calculation is made by adding the loss of rental income to the damage amount.

10. In case of damage or malfunction to the rented vehicle, the lessee is responsible for delivering the vehicle to an authorized service center in a safe manner that does not further increase the damage. If the lessee does not seek assistance from Martı offices or the Martı Customer Service call center during the process of delivering the vehicle to the service center, the towing cost will be paid by the lessee.

 

11. The lessee will return and deliver the vehicle to the Martı office in the city where the vehicle was rented or to another location specified on the front page, on the initially specified date and time, or earlier upon the lessor's request.

 

12. The lessee is responsible for paying the following upon the lessor's request:

 

a. Daily rental fee and/or mileage fee calculated based on the amounts specified on the front page for the days the vehicle is used and/or the distance traveled (The distance traveled by the vehicle is determined by reading the odometer installed by the manufacturer. If the odometer is malfunctioning, the mileage fee is calculated based on the distance traveled according to the map.)

 

b. Insurance fees and other charges based on the agreed and specified amounts in the rental agreement.

 

c. One-way fee determined by the Lessor for cases where the vehicle is returned to a different office or address than the one it was received from.

 

d. Value-added tax and other applicable taxes.

 

e. All parking fines, traffic rule violations, and other monetary penalties and court expenses, as well as expenses that may arise from the immobilization of the vehicle, and the rental fees for the days when the vehicle cannot be rented, except for those caused by the lessor's fault.

 

f. The lessee is responsible for paying the expenses incurred for the repair of damages that may occur due to collision or overturning, the lessor's expenses, and the material and moral damages that the lessee is obliged to pay to third parties.

 

g. The lessee acknowledges and undertakes to pay, upon the first request, all damages and losses, including but not limited to any mechanical, electrical, or other damages, as well as all penalties incurred under traffic insurance rules due to misuse, negligence, or recklessness, and any other demands by third parties that cannot be claimed or collected from insurance companies. For example, damages caused by incorrect gear shifting, continued use of the vehicle despite the warning light, continued use of the vehicle after hitting the bottom, damages incurred due to failure to notify the need for maintenance during the rental period, etc.

 

h. In order for a person other than the lessor to use the vehicle, valid identification and driver's license information must be recorded in the contract at the beginning of the rental, and daily additional driver fees must be paid. Failure to comply with this rule renders the obtained insurances invalid, and the lessee and the additional drivers will be held responsible for all damages.

 

i. In the case of vehicles returned with insufficient fuel at the end of the rental, the fuel will be topped up at Martı offices, and the lessee will be charged with a 30% service fee and VAT on top of the fuel amount. Traffic fines related to the rental period that were not paid by the lessee at the end of the rental will also be paid to the Lessor. Unidentified traffic fines that arise later will be charged to the lessee's credit card with the consent given by the lessee at the beginning of the rental.

 

j. The expenses incurred by the lessor during the collection of the payments required under this agreement.

 

k. In payments made with a credit card, the lessee cannot object to the completion and collection of the credit card slips taken as a deposit by the lessor in accordance with the rental agreement.

. The lessee will pay the specified fee during the vehicle delivery and any subsequent costs at the end of the rental period, either by credit card, voucher, or cash. Lessees with current accounts will make their payments regarding the incurred debt in cash or through a bank transfer after the invoice is issued. If the lessee fails to pay the debt incurred based on the rent and the elements stated in the rental agreement on time, without any warning or notice, the lessee agrees, declares, and undertakes to pay the due amounts as immediately collectible receivables from the invoice date, along with a default interest of 15% (fifteen percent) from the invoice date. The lessee acknowledges, declares, and undertakes that if a precautionary attachment or precautionary measure is requested against them due to non-payment of the rental fee, MARTI is authorized to issue a precautionary attachment and measure decision without requiring collateral.

 

15. The vehicle will not be used in the following ways:

a. Transporting passengers/cargo for compensation, towing/pushing any vehicle, transporting, possessing, or engaging in other illegal activities involving substances prohibited by customs regulations and other laws, driving under the influence of alcohol (including alcohol consumption below the legally specified limit, e.g., 0-0.30 promille), and/or drugs, participating in motorsports (racing, speed trials, rallies, endurance tests, etc.).

b. Using the vehicle on closed or unsuitable roads, overloading the vehicle beyond its loading capacity in a manner that damages the vehicle, carrying more passengers than the vehicle's capacity, using the vehicle on roads (swamps, off-road, riverbeds, etc.) and in situations that are not compatible with the technical structure and tolerance of the vehicle, allowing someone other than the lessee to use the vehicle (Although there is a requirement for pre-registration as an additional driver for individuals other than the lessee, the person using the vehicle cannot be exempted from the responsibilities stipulated in the agreement and will be jointly and severally liable with the lessee.)

c. The lessee is responsible for paying the repair costs of damages incurred due to exceeding the legal speed limits, deviating from the rules specified in the contract, and all expenses and compensation resulting from accidents, outside the country's borders.

16. In case of damage to the vehicle given to the lessee, an additional damage handling fee of 5% of the damage amount will be charged to the lessee. When the vehicle is not being used by the lessee, the lessee is responsible for taking precautions against possible accidents or theft. The lessee must park the vehicle in a safe place with the doors locked as a precautionary measure, without leaving the registration certificate in the vehicle. In the event of the vehicle being stolen, the lessee must deliver the vehicle's key and registration certificate to the nearest Martı office within 24 hours, provided that they can prove that they have informed the relevant law enforcement authorities. If the mentioned precautions are not taken and/or if the vehicle is stolen due to negligence or exceeding the requirements, the lessee agrees to pay the value of the vehicle and any other damages.

17. In case of transportation of goods or passengers with the vehicle, the lessee is exclusively responsible for any damage or loss that may occur to the transported goods or passengers.

18. In the event of an accident resulting in material, fatal, or bodily harm, the lessee must immediately report the situation to the nearest police officers or relevant authorities and submit the reports and minutes to the relevant Martı office within 24 hours.

19. The lessee or any authorized driver specified in article 12-h is insured with a traffic insurance policy. The lessor assumes the liability for legal responsibility arising from accidents that cause harm to third parties within the coverage limits of the agreed financial liability insurance policies. Any compensation and legal liability exceeding this amount belongs to the lessee, and the lessor has the right of recourse against the lessee. Additionally, during the rental period, the lessee will take the following measures to protect the interests of the lessor and the lessor's insurance company in the event of an accident:

- Obtain the names and addresses of relevant parties and witnesses, not admit guilt until liability or fault is proven, not abandon the vehicle without taking sufficient security measures, call the nearest Martı office in case of any accident or damage, and complete the accident report of the lessor, including any necessary diagrams. If it is necessary to determine the fault of another person or if there are any injuries or fatalities, immediately notify the nearest police.

20. In the event of any damage to the vehicle that will be reflected on the insurance company, the lessee is obliged to complete the necessary documents and procedures and return the vehicle. During the time it takes to complete the documents and procedures, the rental agreement will continue to be in effect based on the daily rental rate.

21. After the lessor takes back the vehicle from the lessee, they are not responsible for any objects or belongings left inside the vehicle. The lessee is obligated to have the vehicle's periodic maintenance performed according to the instructions in the vehicle's manual during the rental period. If the authorized services perform any services with Martı's knowledge, the corresponding invoices can be deducted from the lessee's debt, and the remaining amount will be refunded to the lessee. In the event of a breakdown of the vehicle, the lessor will immediately park the vehicle safely and inform the nearest Martı office. Repair expenses are only accepted if authorized by Martı offices in advance. Martı is not responsible for the loss or damage of any objects or substances found in the vehicle during the vehicle's retrieval. The lessee acknowledges that upon the expiration of the rental agreement without the need for any notice, the termination of the agreement constitutes a criminal offense if the lessee fails to return the vehicle. Furthermore, the lessee acknowledges that in the event of the vehicle being used by the LESSEE or an additional driver outside the rental period or in violation of the law, they will not be able to benefit from any insurance coverage, legal rights, and guarantees regarding damages and liability, and no separate notification will be made regarding these matters.

22. The lessee cannot unilaterally extend the rental period upon its expiration. If the lessee wishes to extend the rental period, they must obtain written approval from the lessor or agree to rent a new vehicle. If the lessor does not approve the lessee's request to extend the rental period, regardless of the circumstances, the lessee shall return the vehicle on the day the rental period ends to the address "KAYABAŞI MAH. ADNAN MENDERES BUL. KUZEY YAKASI OFİSLERİ A2 BLOK 7C OFİS NO: 53 BAŞAKŞEHİR / İSTANBUL (982/1 PARSEL)" or any other address notified in writing by the lessor. Rental extensions shall be subject to the terms and conditions of this agreement, even if a subsequent rental agreement is not signed. The lessee acknowledges and accepts that failure to return the vehicle after the expiration of the rental period constitutes a criminal offense under the provisions of the penal code, and they agree not to retain the vehicle beyond the rental period. The lessee further acknowledges and agrees that they will not be able to benefit from insurance, coverage, and legal rights in case of retention of the vehicle after the expiration of the rental period or in case of illegal use of the vehicle.

23. If the lessee fails to comply with any provision of this agreement, especially by not returning the vehicle on the agreed date, the LESSEE grants MARTI the immediate right to repossess the mentioned vehicle, wherever it may be, without the need for prior notice. The LESSEE shall be responsible for any damages and expenses incurred during the repossession of the vehicle by MARTI. The LESSEE acknowledges that upon the expiration of the rental period, without the need for any further notice, the agreement is deemed terminated, and failure to return the vehicle after the termination of the agreement constitutes a criminal offense under the provisions of the penal code. The LESSEE further acknowledges and declares that in case of the vehicle being used by the lessee or any additional driver beyond the rental period or in violation of the law, they will not be able to benefit from any insurance coverage or legal rights in terms of damages and liability, and no separate notification will be made regarding these matters.

24. The lessor may unilaterally terminate this agreement at any time by notifying the lessee via mail, fax, SMS, or any other means of communication.

25. The rental conditions stated in the informational brochures provided by the lessor, which are printed and given to the customer at the beginning of the rental period, but not explicitly mentioned in this agreement, are deemed an integral part of this agreement, and accepted by the lessee.

26. The vehicles have mileage limits for usage, and in case of exceeding the specified mileage, charges will be applied as indicated below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

27. The lessee acknowledges, accepts, and declares without reservation that the rented vehicle(s) may be equipped with systems that include, but are not limited to, a vehicle tracking system and other geographic location identification systems.

 

28. The parties acknowledge and declare that in case of any disputes arising from this agreement, the documents, books, statements, and records of the lessor, as well as computer records, shall be the sole, binding, conclusive, and exclusive evidence, and no other evidence shall be admissible or considered.

 

29. Any disputes arising from this agreement shall be resolved in accordance with Turkish laws and shall be subject to the jurisdiction of the courts and enforcement offices in Istanbul.

 

Contract NO:

 

Date:

 

Name surname:

 

Signature:

 

 

Privacy Notice Regarding the Protection of Personal Data

As the data controller (Martı Otomobil Kiralama Emlak Turizm Ve Organizasyon A.Ş.) we are considered as the data controller within the scope of the Personal Data Protection Law No. 6698 ("KVKK"). We would like to inform you about how we process and transfer your personal data.

 

1. How We Collect Information

We may collect your personal data through your interactions with our websites, as well as through transactions you make with us, from physical locations, mobile devices, or, where legally permissible, from third parties.

2. Information Collected About You

The personal data we collect from you (including but not limited to your name, age, gender, contact information, place of residence, previous rental information, and credit card information) is relevant to the processing purposes outlined in Section 3 below.

3. How We Use Your Personal Data

3.1 The legal bases for processing your personal data, as per Article 5 of the KVKK, are as follows:

a) Your explicit consent to the processing of your personal data,

b) Clearly stipulated in the laws,

c) It is necessary to protect the life or bodily integrity of a person or someone else who is unable to express their consent due to actual impossibility or whose consent is not legally valid,

d) It is necessary for the establishment or performance of a contract,

e) It is necessary for us to fulfil our legal obligations,

f) It has been made public by the data subject,

g) It is necessary for the establishment, exercise, or protection of a right,

h) Processing is necessary for our legitimate interests, if it does not harm your fundamental rights and freedoms.

3.2 Subject to the conditions specified in the KVKK, we may use the collected information for the following purposes (with your explicit consent and/or in cases permitted by law):

Managing car rentals and commercial relationships, contacting you regarding car rentals, and assisting you in these matters.

Performing customer service activities and conducting telephone conversations related to customer satisfaction.

Verifying the driving and credit information (including personal data) provided by you through credit institutions, licensing authorities, fraud prevention institutions/databases, and other sources for the purposes of fraud prevention.

Contacting you regarding incomplete membership forms or reservations related to our online platforms.

Providing information to relevant insurance databases regarding accidents you are involved in. In this context, the processing of personal data may be necessary in situations where it is required to establish, enforce, or defend legal claims.

Communicating with you through commercial electronic communications, such as email, SMS, phone, or other means, for purposes such as customer satisfaction surveys, discounts, special offers, marketing promotions, advertisements, celebrations, and survey applications.

Providing better products and services to you.

Compiling statistics and analyses about the usage of our websites, products, and services by our customers.

Protecting our rights and assets.

Providing more personalized and improved services to you.

Planning and implementing corporate sustainability activities.

Planning and executing marketing processes for goods or services.

Planning and executing processes necessary to ensure customer loyalty and increase it.

Providing your personal data to state institutions that oversee traffic regulations in order to assist in the enforcement of traffic regulations during your rental period.

Providing your personal data to the relevant tax authority or agency, debt collection agents, credit institutions, and other relevant entities.

Processing/storing your personal data in situations where it is considered that any event related to your relationship with us or with an additional authorized driver may pose a risk for future rentals.

We may combine the information you provide to us with information related to your transactions with us, such as the rental location and vehicle type. We may also combine this information with data about you obtained from third parties that assist us in fulfilling your requests, maintaining our data, and optimizing our services.

4. How Your Personal Information Can Be Shared and the Purposes of Sharing

In accordance with your explicit consent and/or legally permissible circumstances, your personal data may be shared with the following parties for the purposes stated in Section 3 above:

We may transfer (share) your personal data with Martı Otomobil Kiralama Emlak Turizm Ve Organizasyon A.Ş., our business partners (including our agents in Turkey), suppliers, and other service providers in Turkey or abroad (including information technology service providers and other consultants). The companies covered by this arrangement may use your personal data for the purposes stated in Section 3 and may transfer your personal data to third-party service providers (within or outside of Turkey).

We may disclose your information to other third parties such as our business partners, service providers, public institutions, and/or legally authorized private individuals to protect your rights and the rights of third parties, provide administrative or technical support, and perform transactions outside of Turkey, if required by law and/or permitted by law.

In the event of the transfer, change of ownership, or restructuring of Martı Otomobil Kiralama Emlak Turizm Ve Organizasyon A.Ş.'s affiliated companies or assets (in whole or in part), your personal data may be transferred to another company.

If the location of the recipient of your personal data is considered a country that does not provide an adequate level of protection by law, we would like to state that we will ensure the legally required levels of protection and/or obtain your explicit consent for the transfer, if legally necessary.

5. Your Rights Under the Personal Data Protection Law (KVKK)

According to the KVKK, you have the right to:

a) Learn whether your personal data is being processed or not,

b) Request information if your personal data has been processed,

c) Learn the purpose of the processing and whether it is being used in accordance with its purpose,

d) Know the third parties to whom your personal data has been transferred, whether domestically or abroad,

e) Request the correction of incomplete or inaccurate personal data,

f) Request the deletion or destruction of your personal data in accordance with the conditions stipulated in Article 7 of the KVKK,

g) Request the notification of the actions taken regarding the correction, deletion, or destruction to the third parties to whom your personal data has been transferred as described in (e) and (f) above,

h) Object to a result against you arising from the analysis of your personal data exclusively through automated systems,

i) Demand compensation if you suffer damage due to the unlawful processing of your personal data. You can exercise your above-mentioned rights by submitting your written request to the address "KAYABAŞI MAH. ADNAN MENDERES BUL. KUZEY YAKASI OFİSLERİ A2 BLOK 7C OFİS NO: 53 BAŞAKŞEHİR / İSTANBUL (982/1 PARSEL)" or by using other methods announced by the Personal Data Protection Board. Our company will evaluate and conclude your request in accordance with the KVKK. To provide an accurate response to your request, please clearly state which personal data your request pertains to. We will conclude your requests in accordance with the KVKK within thirty days at the latest, free of charge (unless it incurs a cost). However, if the process requires an additional cost, a fee according to the tariff determined by the Personal Data Protection Board may be charged. If the response exceeds 10 (ten) pages, an additional fee of 1.00 (one) TL per page will be charged. If the response is requested to be provided in a recording medium such as a CD or flash drive, a fee will be charged based on the cost of the requested recording medium.

 

Name surname:

 

Date:

 

Signature:

 

 

Marti Cars is a leading car rental company. It was founded in Istanbul in 2018. It has become one of the distinguished companies in car rental that caters to both local and international customers.

+90(553) 844 53 62
info@marticars.com
34295 Küçükçekmece / İSTANBUL
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