This Agreement is concluded during the membership registration process initiated voluntarily by the Member on the website www.windycar.com.tr, between Hunko Motorlu Araçlar San ve Tic Ltd Şti, operating at www.windycar.com.tr, and the Member who registers on the Site. By becoming a member, the Member acknowledges, declares, and undertakes that they have read and understood this Agreement in full and approved all its provisions.
In this Agreement:
WindyCar: Hunko Motorlu Araçlar Ticaret ve Sanayi Ltd Şti
Member: The natural or legal person who becomes a member of the Site
Site: The website published under the domain name www.windycar.com.tr
Vehicle: Motor vehicles that will be made available to the Member within WindyCar’s rental services
The subject of this Agreement is to determine the procedures and principles regarding the online offering of vehicles for rental by WindyCar through the Site and to define the mutual rights and obligations of WindyCar and the Member. This Agreement applies to rentals made through the Site and governs the vehicle(s) rented by the Member.
4.1. WindyCar takes reasonable security measures to prevent loss, misuse, or alteration of personal identity, address, and contact information under its control. However, WindyCar does not guarantee the security of such information in any manner. Information and data transferred by the Member to the Site shall not be interpreted as confidential information.
4.2. For security purposes, WindyCar may monitor and record all activities of the Member on the Site and, when deemed necessary, may take any action such as restricting access, suspending membership, canceling membership, and similar interventions.
4.3. WindyCar may partially or entirely change the form and content of the Site without prior notice to the Member, may change the domain name under which the Site is published, may use different subdomains, may apply domain redirection, or may shut down the domain.
4.4. WindyCar may send announcements to the Member via mail, e-mail, and SMS at certain periods regarding vehicles, services, advertisements, and promotions offered on the Site. The Member accepts this in advance.
4.5. WindyCar may, at any time and without stating any reason or giving prior notice to the Member, change the scope and types of services offered on the Site, or partially/fully suspend, terminate, or cancel such services.
4.6. WindyCar may make changes and/or updates in services and operations at any time to carry out the transactions described in this Agreement more effectively. Members acknowledge and declare in advance that they accept such changes and will act in accordance with them.
4.7. This Agreement does not contain any commitment regarding the number of vehicles to be rented by WindyCar, their brand, model, model year, or any other matters. The Member cannot claim any right or receivable from WindyCar under any title due to these or other reasons.
5.1. Membership is completed once the person wishing to become a member follows the membership procedure indicated on the Site and completes the registration. By becoming a member, the Member also accepts all current and future statements disclosed by WindyCar regarding membership and services.
5.2. The Member acknowledges and declares that the identity, driving license, address, and contact information provided during membership is complete and accurate; that they will promptly notify WindyCar of any change and update such information in the system; and that they will be solely responsible for any legal dispute or damage arising from incomplete, outdated, or incorrect information. The Member cannot make any claim against WindyCar for this reason.
5.3. The Member undertakes to act in accordance with the laws of the Republic of Türkiye and public morality while using the services; not to engage in actions such as insult, threat, slander, harassment; not to conduct political or ideological propaganda; not to disturb other Members; to refrain from defaming persons or institutions; and to avoid any act that may cause interruption or suspension of services. Otherwise, the Member shall be personally responsible for all resulting damages.
5.4. The Member undertakes not to infringe third parties’ intellectual property rights, to respect copyrights, not to engage in unfair competition, and to respect third parties’ trade secrets and privacy.
5.5. The Member undertakes to use a password that is not easily guessable, not to share username/password information with others, and acknowledges that such information is not stored in the Site database and that the security responsibility lies solely with the Member; WindyCar shall not be liable in any way.
5.6. The Member shall use only their own membership account, shall not use other Members’ account information, and shall not allow others to use their account. If otherwise detected by WindyCar, membership may be canceled and the Member shall compensate any losses incurred/to be incurred.
5.7. The Member undertakes not to send malicious programs, software, code or similar materials to the Site and to avoid any act that may endanger the security of the Site and Members.
5.8. The Member may not transfer their membership account to third parties.
5.9. The Member may not restrict or prevent others from using the Site and may not interfere with the operation of the Site or the servers/networks used to make it available.
5.10. WindyCar shall not be liable for any direct or indirect damages arising from the Member’s access to and use of the Site, including but not limited to virus attacks affecting computer hardware and/or losses and damages arising from information obtained from the Site.
5.11. The Member agrees not to use any tool, software, or device to interfere or attempt to interfere with the Site’s operation; not to access or perform transactions on the Site without authorization; and not to access or use other internet users’ software or data without permission.
5.12. The Site may contain links to third-party websites that are completely independent of and not under WindyCar’s control. WindyCar does not guarantee the accuracy of the information on such sites and bears no responsibility for products/services offered via such links or their content. The Member’s access to such sites is entirely at their own responsibility and outside WindyCar’s authorization.
6.1. The presentation and all content of the Site are protected under Turkish legislation and intellectual property laws. All trademarks, logos, service marks, and all published information and data belong to WindyCar or its licensors. Without WindyCar’s written consent, the Member may not distribute, transmit, modify, copy, display, reproduce, publish, process, or otherwise use the Site content directly or indirectly, nor allow others to access or use the Site services. Otherwise, the Member shall be liable to compensate WindyCar for any damages and for any compensation WindyCar is required to pay to third parties, including licensors.
6.2. WindyCar reserves all rights in all assets, real and personal rights, commercial information, and know-how, including Site services, Site information, copyrightable works, trademarks, trade dress, and all material and intellectual property rights related to the Site.
6.3. All rights in all texts, graphics, visuals, and images on the Site are reserved and may not be used without permission.
6.4. Any unauthorized use of economic rights related to the Site content/design/software (including but not limited to adaptation, reproduction, distribution, performance, and communication to the public), and any unauthorized disclosure/use, shall constitute infringement of intellectual and industrial property rights.
6.5. Members undertake to comply with the Turkish Code of Obligations, Turkish Penal Code, Law on Intellectual and Artistic Works, Turkish Commercial Code, Decree-Law on Trademarks and any applicable/current or future legislation. Any legal, administrative, criminal, or financial liability arising from misuse belongs to the Member, and WindyCar reserves the right of recourse.
The Member acknowledges that there may be deficiencies in information/services published on the Site, communication issues, technical problems, infrastructure/internet failures, power outages, and other issues. In such cases, WindyCar is authorized to suspend, terminate, or cancel vehicle rental activities on the Site without notifying the Member and without giving any reason. The Member cannot claim any right or payment from WindyCar for these reasons.
WindyCar does not guarantee that the service will be error-free or continuously available or that it is free from viruses or other harmful elements. WindyCar shall not be liable for direct and/or indirect damages arising from the Member’s use of any product or service. The Member acknowledges that they are personally responsible for any damage or loss that may arise from using the service or the Site.
In force majeure events (including but not limited to natural disasters, riots, war, strikes, communication problems, technical issues, infrastructure/internet failures, power outages, and adverse weather conditions) that are beyond the reasonable control of the relevant party and unavoidable despite due care, WindyCar may perform its obligations late or partially or not at all. During force majeure, WindyCar’s obligations are suspended and such situations shall not be deemed delay, incomplete performance, non-performance, or default. No compensation may be claimed from WindyCar under any title. If force majeure lasts more than 7 (seven) days, WindyCar may terminate this Agreement unilaterally without notice and without compensation.
WindyCar has the right to unilaterally amend this Agreement without notifying the Member and without giving any reason. The Member shall be deemed to have accepted such changes as of the time they are published on the Site. The Member irrevocably accepts this in advance.
10.1. If the Member violates any of their obligations under this Agreement partially or fully, WindyCar may terminate this Agreement unilaterally without notice and without stating any reason, cancel the Member’s membership, and partially/fully suspend or cancel services obtained/being obtained/to be obtained by the Member. In case of termination, the Member cannot claim any right or demand from WindyCar and cannot object.
10.2. WindyCar may, at its discretion, terminate this Agreement unilaterally without any reason and without notice, cancel the Member’s membership, and partially/fully suspend or completely cancel services. The Member cannot claim any right, receivable, loss of profit, damages, compensation, or any payment under any name/title alleging unfair or untimely termination, bad faith, or any other reason.
This Agreement enters into force at the moment it is approved on the Site and automatically terminates without further notice upon WindyCar’s cancellation of the Member’s membership and/or termination of services offered on the Site.
The Member shall keep confidential any commercial, financial, legal, or technical information obtained directly or indirectly regarding WindyCar during performance of this Agreement, whether protected as a trade secret or otherwise, and shall not disclose it to any person without WindyCar’s consent. However, this confidentiality obligation shall not apply in certain cases as permitted by law.
WindyCar may collect and store the Member’s identity, driving license, address, contact, IP and site usage information in a database for all lawful purposes (including but not limited to profiling, market research, sales and usage statistics) and may use such information without restriction. WindyCar is authorized to share Member information with insurance companies, banks, and third parties/institutions it deems necessary regarding services provided on the Site, and may share such information to comply with legal obligations or upon request by competent judicial/administrative authorities or to protect users’ rights and security.
The parties accept that the addresses provided during membership registration are legal notification addresses and that notifications made to such addresses shall have full legal effect unless an address change is notified in writing to the other party.
The Member consents that all notifications (changes in agreements/services, cancellation of membership, termination/expiration, etc.) will be made to the e-mail address provided during membership registration; and acknowledges that e-mail notifications shall be deemed duly served and produce legal effects from the moment they are sent by WindyCar, whether received or not. WindyCar is not responsible for late delivery/non-delivery or consequences. The Member may not use e-mail or fax in correspondence with WindyCar.
14.1. Turkish Law shall apply and Istanbul Anatolian Courts and Enforcement Offices shall have jurisdiction.
14.2. The Member agrees that all documents, records, books of WindyCar and all information/writings/records in computer and internet environments constitute the sole, exclusive and conclusive evidence and are binding; and that this clause is an evidence agreement under Article 193 of the Turkish Code of Civil Procedure (HMK).
15.1. If any provision is invalid or unenforceable, remaining provisions remain in effect.
15.2. Failure or delay by WindyCar to exercise any right does not constitute waiver; partial exercise does not prevent later exercise.
15.3. This Agreement replaces any previously approved agreement on the Site as of its approval. In any dispute, the provisions of this Agreement shall apply. The Member irrevocably releases WindyCar from any claims arising from previous agreements and acknowledges that the Member’s responsibilities arising from the relationship remain.
15.4. The Member declares that they have read, understood, and accepted all practices and rules on the Site.
15.5. The Member declares that they accept, with full awareness, provisions that may be against their interests.
15.6. The Member may not assign or transfer any rights, receivables, or obligations arising from this Agreement to third parties.