VEHICLE RENTAL AGREEMENT
TERMS & GENERAL CONDITIONS
On the HQ address DOĞUŞKENT Caddesi, No: 3 Maltepe / Istanbul, Hunko Motorlu Araçlar San ve Tic Ltd. Şti. and on the other side of this contract, signed this agreement on the rental pick-up date.
HUNKO: Hunko Motorlu Araçlar San ve Tic Ltd. Şti.
TENANT: The other party in this contract who rented the vehicle from HUNKO
DRIVER: The person/s who picked up the vehicle or who are stated on the agreement.
VEHICLE: The vehicle which is stated on the agreement by the brand, model, license plate and other features of the rental to be used by the TENANT.
TERMS & GENERAL CONDITIONS: This Rental Contract.
DELIVERY FORM: The form which states the condition of the vehicle picked up by the TENANT. This form includes the brand, make, model, model year, damage condition and gas level of the vehicle. Status of the vehicle on pick-up and drop off dates are stated on this form.
DAILY RENTAL PRICE: The rental price calculated over at least and at most 24 hours period. All other fees and expenses are stated on the delivery form.
MONTHLY RENTAL PRICE: The rental price calculated over at least and at most 30 days period. All other fees and expenses are stated on the delivery form.
This Terms & General Conditions states the rental agreement with the rental terms and conditions of the vehicle rented to TENANT and the way of payments for the rental and other costs specified in provisions and with the conditions to determine each parties obligations.
4-THE USAGE OF THE VEHICLE
4.1. The vehicle is rented to TENANT with this contract between the dates stated on the contract/delivery form. TENANT is oblidged to use the vehicle according to rules, terms and condition stated on this rental agreement terms and conditions and the delivery form. The TENANT also accepts all the details stated on the terms and conditions in addition to delivery form are fully understood and accepted. The signature on the agreement declares and commits that, all matters about the rental may be referred to these general terms and conditions with delivery form.
4.2. The vehicle is delivered to customer with the official documents, plates, accesories along with equipments and implements. The periodical maintenance of the vehicle is done and without any missing documents or parts; vehicle is delivered by taking the TENANT signature on the vehicle delivery form. The TENANT declares this delivery by own signature on the delivery form.
4.3. The TENANT is to comply with the issues written in the vehicle handbook prepared by the vehicle manufacturer, to show the necessary attention and take care in the use of the vehicle and keep the vehicle in good condition, and have agreed the commitment.
4.4. The TENANT commits to use the vehicle under the Turkish Laws and all relevant legal provisions in the Republic of Turkey,. Without the written approval and consent of HUNKO, not to be driven out of Republic of Turkey borders, where unauthorized interests outside the Republic of Turkey, there would be no security and validity of the guarantees and insurances, and in this case including return travel costs, the TENANT commits to cover all costs whşch may come out.
Also TENANT, (but not limited with these clauses), commits to not to use the vehicle in the manner described below, otherwise accepts to pay all the penalties which may come out and will be responsible for any costs in addition to service fees:
a) the transportation of substances in violation of customs regulations and other regulations
b) any illegal usage,
c) towing of any vehicles etc.
d) the carriage of passengers or goods on commercial purpose,
e) exceed the weight or loading limits for individual freight / transport of goods,
f) after taking alcohol or taking drugs or without driving license or by drivers that are not specified as an additional driver in the agreement,
g) in any kind of motor sports (not only race, rally, speed trials etc)
h) off the roads and highways, unsuitable places and conditions (sand or mountainous terrain, river beds, marshes, etc.) in areas which may not be suitable with the vehicle's technical structure
i) In unusual road and traffic conditions
j) Unchartered ferries and boats
k) Any kinds of animal transportations
4.5. Vehicle may be used by the drivers which may be aligible to minimum age limitations and drivers license age limits specified by HUNKO for the subject car group and the TENANT is commited to avoid any other drivers use the vehivle. The TENANT who is commited to declare all the drivers in advance before picking up the car at first stage also commits to check that all drivers fulfill the qualifications of the drivers in terms of having a valid driver's license and age limits, driver licence time and age limits and / or any additional driver / s will be used by, lease and tools delivered in the form specified as additional driver/s. and obliged to keep the vehicle driven fully and with complete compliance with the general conditions. TENANT is also resposible for the damages and losses occurred due to the driver and additional driver/s with jointly and seperately liability. TENANT, by signing this agreement, commits full awareness of obligement to provide necessary conditions for the vehicle pursuant to the statement that it meets; When it is determined that with such control competence and responsibility belongs to the TENANT, HUNKO is just the supplier of the vehicle.
4.6. The TENANT, agrees not to make any changes on the vehicle, without the written permission of HUNKO ; otherwise, the costs of recovery with all expenses and fees with a penalty may be charged to TENANT.
4.7. The TENANT is responsible for all damages and losses due to operating errors and / or negligence, imprudence etc. reasons (not limited to, transmission failure occurs due to incorrect shifting, taking a hit under the car no matter for what reason, the usage of the vehicle while there are warnings of failure in vehicle, any damages taken on the wheels and tires, fuel-induced damages and malfunctions due to false or dirty refueling, clutch set changes and etc.) of any kind incurred mechanical and electrical system damage, that can be claimed by third parties to the rental losses, including all costs, losses and damages. Direct payment acceptance and commitment is given by the TENANT for all losses stated.
4.8. The fuel, refuel, parking, parking tickets, incorrect use of tolls, hgs, ogs, tolls of highways and bridges, etc. and traffic fines, payments and interests belong to the TENANT and should be by the TENANT. Even if the rental period has ended, retner is responsible for all fines issued in the term of the rental. Even if the tickets are issued without the name and signature of the TENANT but issued to license or plate number, the TENANT agrees to pay all costs.
The costs, which are not stated and deducted on the date of drop off but received after the date of rental will be held by HUNKO. In this case, the paid amount with default interests as well as transition, are due to 25% penalty service charge (excluding VAT) and a service fee in addition may be charged to be paid by the TENANT. Even if the rental agreement expires, these general terms and conditions may be in effect therefore , TENANT may be responsible for these payments. The TENANT cannot ask HUNKO to refuse the claimed ogs, hgs, highways, bridges, etc. tolls, transition costs and traffic fines though these amounts may be paid by HUNKO on first request of the parties and may be charged to TENANT directly. The TENANT shall have the right to refuse the subject penalties personaly, only after effecting the payments to HUNKO and may have the right to claim the paid amounts after getting an official refund ticket from the authorities. HUNKO has right to claim these payments without waiting for the end of the rental period and charge the TENANT's credit card without the need for any permission and notification and / or is authorized to collect by deducted from the deposit. The lessor is not limited with this authorization by contract period, the tenant agrees the authorization of the lessor.
4.9. HUNKO, may collect a guarantee amount from the TENANTs credit card. Subject guarantee amount may differ relative to the car group. This amount may be used for any extra charges and penalties or losses incurred on and arising from the rental contract (the amount of guarantee does not limit and mean that exceed this amount may not be collected from the TENANT but gives HUNKO the right to collect without notice) Guarantee fee can be collected before or after the delivery of the vehicle, will be paid by credit card or be blocked by the choice of HUNKO. Guarantee fee may be refunded to TENANT credit card only after the vehicle is returned back to HUNKO as described in the rental agreement, without any damages and fees. HUNKO may refund the customer credit card in 48 hours but HUNKO may not be responsible of the delays which may arise on the bank side. Any payments and chrages which may arise for subject rental agreement may be deducted from the subject guarantee amount before refund without a notice. The amounts over the guarantee amount may be charged additionaly and be paid by the TENANT.
4.10. By this agreement, TENANT gets the "keeper" title and during the rental period , "Liability" of the vehicle with its all the debts and obligations to a third party and / or the vehicle and / or all the material and moral damages to the environment as one is under responsibility for its own. All losses, fees and penalties which may be paid by HUNKO shall be kept under indemnify of TENANT. Due to Rental Agreement and General Conditions, even if these amounts are paid after the rental period, will remain under the responsibility of the TENANT.
4.11. By this rental agreement and general conditions, for any debts or sequestration arising from the rental, precautionary measures, etc. there is no need for HUNKO to give indemnitications or warrants against no parties which is accapted in advance by TENANT.
4.12. After being delivered to TENANT, any reason to be confiscated by the authorities, the liabilities for any 3rd parties, or usage of the vehicle against laws or usage for unlawful activities , getting implicated in any crime or TENANT and etc. and by any notice to HUNKO; without the need for notice or provision, the rental agreement would terminate automatically. In this case the TENANT, is responsible for any payments like towing, transportation, parking, delivery, fees, penalties, taxes, without any limitation and directly incurred and / or even indirect costs, may be considered as the fees under responsibility of TENANT though also contract termination with all the losses that will occur as long as the measures with the highest daily rental vehicle rental prices will be calculated on the subject fees; with no appeal TENTANT furthermore accepts and commits to make payment immediately and agree to pay in once. Also in case of condemnity of the vehicle by the authorities , or fully or partial forfeiture of the vehicle , TENANT is commited to pay the full value of the vehe on the date of the event of which the TENANT may be obliged to pay immediately. In case the vehicle can not be sold due to measures by the official authorities, any guarantees should be given to the authorities in order to remove the measures may be under full responsibility of the TENANT which may be requested by free will of HUNKO like the bank letter of guarantee or cash blockage costs and any other costs.
4.13. TENANT is oblidged to drive the vehicle in accordance with the limitations set forth kilometers under the cditions stated by the vehicle manufacturer standarts. In case of exceeding the milage limit specified in the form of delivery, TENANT agrees to pay the excess costs mentioned fees and warrants.
4.14.TENANT is obliged to return the vehicle as same level of fuel containced in the tank stated in the delivery form. In case the RENTER return the vehicle with more fuel, TENANT has no right to ask for refund, deduction, etc. In case of return of vehicle with less fuel than received, the RENTER may deduct the price of the missing fuel to be calculated over the prices which exist in HUNKO system. by adding the service fee. In this case the TENANT is oblidged to pay missing fuel cost, service fee and VAT amounts immediately. Losses, if not detected at the drop off time but even after found that the vehicle is returned with less may still be charged to TENANT. HUNKO, has right to charge this loss amounts and refueling service charges without of any permission and without notice or provision and is authorized to collect from the TENANT’s credit card, guarantees or to be followed legally.
4.15. If considered necessary, HUNKO may terminate unilaterally the present rental agreement. In this case the TENANT is obliged to return the vehicle immediately to HUNKO. If TENANT does not promptly return the vehicle, HUNKO is free to follow legal process, in line with the unauthorized usage of the vehicle though from the date of termination, the rental fees may be calculated over the highest rates kept in HUNKO system in addition to the legal charges, the legal proceedings and attorneys' fees to be made may be demanded. TENANT, without any objection, shall pay the fees at the first request to HUNKO.
4.16. The vehicle is rented to TENANT for personal usage purpose. This agreement does not give any ownership rights to TENANT with no right to re-rent. Any activities or suspicion against this contract is the reason for immediate termination of the contract though HUNKO may have the right to collect in cash all deposits and guarantee payments.
5. PRICING AND PAYMENT
5.1. RENTER, is obliged to pay fees for services which are stated but not limited as follows in addition to general conditions and ith all the costs specified in the delivery form of the vehicles:
a) rental fee based on the number of days,
b) navigation devices, child seats, snow tires etc. If additional services requested by the additional fee for the services,
c) if the requested; Collision Damage Waiver (CDW), Smart Repair Assurance (SR), Theft Protection (TP), Liability Insurance (LI), Personal Accident Insurance (PAI), Increased Liability Assurance (EXCESS) and Maximum Assurance – Super Collision Damage Waiver (SCDW) services and / or guarantee amounts,
d) fees which may arise eventually, additional rental fees, the one-way fee and legally applicable taxes, mileage excess cost of damage / loss compensation costs, service costs, car parking fees, hgs, toll highway and bridge fees, traffic fines, and etc. in addition to all costs arising from rental.
5.2. Payments will be made as specified in the rental agreement. If rental period is calculated less than 1 month or at most 1 month, payment may be request in advance by HUNKO. If rental period exceeds 1 month, HUNKO has right to request the entire amount in advance or may ask the amounts to be paid in monthly basis. In the case of the monthly payment benefit is granted to RENTER, it may be charged the first month for the rental fee in advance according to the provision above, and the payments on the following months may be collected at the beginning of each month. In case of any payment not done on time, with no warning and notice the actual and following months rental and additional service fees may be invoiced to be paid immediately by TENANT. The overdue shall be calculated over the total cost with all receivables, fees and interests with a value date accepted as the invoice date. The interest fee will be calculated over the total amount. The interest rate will be taken as twice of the actual advance interest rate of The Central Bank of The Republic of Turkey. In the event of non-payment of full and complete invoice amount, other costs like legal payments are to be collected also. When the payments are not effected on time, HUNKO may hold the right of the immediate termination of the contract. In this case, HUNKO may have the right to collect any dicounts or benefits given to TENANT as well as the rental prices, fees, charges etc. plus the interest rates to be calculated as above.
5.3. TENANT gives full authorization to HUNKO the right to deduct the costs mentioned above in this rental agreement as well as all other costs which may arise from subject rental without the need to provision and notificat, without being limited by the contract period. TENANT agrees to be charged as irrevocable. This article 5.3 may be in force even if the contract will end, or no matter for whatever reason, the termination of the contract is done; article 5.3 may remain indefinitely.
6. INSURANCE AND LIABILITY
6.1. The vehicle is rented by TENANT with the Compulsory Liability Insurance coverage which is actual and bought by HUNKO. Any damages out of the limits or coverage, which are done to other vehicles, 3 rd party material damages or to passengers in or out of the vehicle, medical treatment expenses and other nature with all kinds of damages also with financial, moral damages, including loss of earnings and loss of values which may occur or be requested from HUNKO are subject to responsibilities and liabilities of TENANT. TENANT accepts to pay these amounts to third parties immediately and may not ask the subject amounts from HUNKO. If HUNKO pays the subject amounts, TENANT may immediately make the payments to HUNKO.
6.2. TENANT, is offered the below mentioned insurances, assurances and services and with instant signature on the rental agreement, states which additional or default coverages are included in the contract. Collision Damage Waiver (CDW), mart Repair (SR), Theft Protection (TP), Liability Insurance (LI), Personal Accident Insurance (PAI), Increased Liability Insurance (EXCESS) and Maximum Assurance – Super Collision Damage Waiver (SCDW) . TENANT cannot ask for a coverage of a protection which not stated in the rental agreement and which is not paid in advance at the pick up date/time.
In case of the additional Insurance offers are accepted and bought by the TENANT and if the TENANT has effected all payments without an overdue payment on the date of a damage, the general terms and conditions may be considered in action which is published by The Association of Turkish Insurance & Reinsurance Companies "Passanger Vehicles Car insurance General conditions "(the" automobile insurance in general terms ") shall be considered valid. Repair damage and vehicle theft security assurance limit damage / event to exceed the fair value of the vehicle, since the loss event / date within the defined limits of the current automobile insurance as general conditions; said outside general terms the scope or limits of the leased vehicle, other motor transport vehicles, persons in the vehicle and against other third parties any and all potential losses and material and depreciation of non-pecuniary compensation, loss of earnings, etc. TENANT is responsible for any damages. Unofficial declaration can not be exploited to repair damage and vehicle theft in scope of insurance. However, if TENANT paid or purchased Smart Repair on the rental pick up date/time, taken damages and costs, which may occur on the vehicle due to a limit stated on the delivery form may be covered still in accordance with the insurance policy terms and conditions explained above. Smart repair gives the benefit to repair the damage which may be received by the current limits that apply are set out in the delivery form. HUNKO is authority in determining whether the scope of rapid damage and vehicle theft insurance, damage and / or loss, damage repair, under the insurae coverage and TENANT can not appeal the determination to be made by HUNKO. HUNKO is entitled to the said insurance policy against the risks arising from its own assurance, TENANT under this policy can not claim to benefit of these policies unless pays for them in advance on date/time of pick up .
TENANT rented vehicle subject to the terms and conditions and the limits of the insurance policy which are bought and stated on the date of pick up and cannot claim for the coverage of coverages which are not bought or out of the limits of the subject policies.
Also TENANT accepts the below mentioned articles are out of the coverages of the insurances whether all policies or coverages are already paid or not. All the repairment, value losses and the damages of the vehicles in addition to loss of profit and rental revenue plus any third party requests which may come out due to accidents out of coverage :
a) where the TENANT is under the infulence of alcohol and / or in cases where it is determined that under the influence of drugs,
b) In cases where traffic accidents are not regulated or receipt of the memorandum of alcohol report
c) Traffic accident official report, alcohol report, license photocopies of the vehicles involved, traffic insurance policy photocopies, photocopies of driver's licenses, has to be obtianed by the TENANT with the minutes and other documents the full and complete set of accident report. All the documentation should be completed in 3 days after the date of the event and submitted to HUNKO, (rental fee may be applied untill the reports are completed)
d) driving against traffic laws and / or conflicts against aticle 4.4. in this contract or in a deliberate accident
e) any accident occurs under the control of a driver not stated in rental agreement
f) any cases stated as out of thelimits or coverage of the coverage limits of Turkish Insurance & Reinsurance Companies Associtaion
g) in case of the payment of the car rental fees are not effected on time.
In order to benefit from the said guarantees and insurances, TENANT should collect and deliver the documents specified in (c) completely and in 3 working days after the event date. Otherwise, may not benefit from these guarantees and insurances may not be applicable. On the other hand, HUNKO is authorized to demand their rents and charge fees fully, untill the complete submission of this documentation is completed.
6.3. TENANT and additional driver / s, are obliged to fulfill the following measures in case of accident:
a) inform HUNKO by the emergency hotline 0850 33 94 639 to provide information immediately
b) contact the nearest police or gendarmerie without moving the vehicle to obtain an accident, damage, theft and loss detection report and to ensure receipt of these reports along with the alcohol reports
c) take photographs of the accident scene and the car where possible,
d) get the names and addresses of the people involved and witnesses,
e) non-acceptance of liability if not,
f) the driver license of the parties, liability insurance policy, its status in the license number nsurance policies and policy numbers etc. to get information,
g) do not leave the vehicle without taking adequate safety precautions,
h) accident report and related records and reports of accidents / incidents to be delivered to HUNKO within 72 hours from the date,
i) in the case of an accident resulted with mortal and / or bodily harm that immediately to be repoted to the nearest police or gendarmerie officers and / or report to the relevant government authorities,
6.4. If TENANT acts against the above-mentioned article 6.3. , guarantees and pays all the repairment and losses of the vehicle including the rental revenue loss in addition to all claims of the third parties.
6.5. In case of an accident , HUNKO blocks a guarantee and compensation amount (provided amount does not mean the limit of the damage and the amount of compensation to be paid by the TENANT. Losses exceeding this amount, and without prejudice to the right to collect their compensation may still be valid) without the need for any permission and notification by the TENANT's credit card. HUNKO is not oblidged to take any permission, or send notification and provision should not be subject to collect rental fees, damages, losses, compensations and other all receivables where TENANT agrees to not claim back the amounts unless an official decision taken by Turkish Courts declared.
6.6. Whether theft protection insurance is bought or not, TENANT has to take the necessary measures to prevent theft. By proving the official police report taken about the theft and return of the keys with the official papers of the vehicles, these precautions should be proved. When a theft occurs with the result of partial damage or fully loss of the vehicle or , TENANT shall inform the authorities, take the reports and submit to HUNKO. Reports should be obtained and submited to HUNKO in 3 days after the date of the event by the TENANT. When the report is not taken in 3 days or the theft is not covered by Theft Protection Insurance (failure or occurrence of the event against Turkish Theft Protection Insurance coverage , in example but not limited with, leaving the key in the vehicle / giving the vehicle to parking workers / washing workers / to delivery workers / friends, workers, family members etc.) or any cases where insurance companies does not accept the cases as theft , TENANT to purchase the vehicle or vehicle parts / equipment with current price by immediate payment to HUNKO. HUNKO has right to request rental fee untill this payment is fully done. In addition, the right to claim damages suffered by HUNKO is reserved. When TENANT does not pay for thetheft protection insurance or does not pay the rental fee on time and the account gets overdue , the policy may not be in force therefore in case of theft, while the rent of the vehicle or vehicle of any track / hardware, HUNKO may calculate the value of the loss at the date of event, where TENANT it is obliged to pay immediately.
6.7. Snow chains, navigation, baby seat, documents belonging to the vehicle with additional products, toolboxes, equipment and accessories which are not a piece of the car are delivered to TENANT with the vehicle. These products damages are not covered by insurance and damage repairs and vehicle theft insurance policy may not cover in case of loss or theft. The fair value which may be determined by HUNKO at the date of the incident, may be paid in cash by the TENANT immediately.
6.8. HUNKO may never be subject to the loss or theft of any items left in the vehicle or carried by TENANT. TENANT, and therefore can not claim receivable from HUNKO or the insurance policies under any name.
6.9. HUNKO is not the vehicle manufacturer, whereas vehicle spare parts or damage that may occur due to manufacturing defect shall not be subject in any way for any loss or damage against HUNKO.
6:10. When the rental agreement is not extended or the TENANT account is overdue, none of the insurance policies may be valid. If the vehicle is damaged while it is used by any party which is not stated on the rental agreement as a driver, TENANT may not benefit from any insurace coverages even the policies are bought, paid and valid.
6:11. HUNKO may never be responsible for any direct or indirect losses due to this rental agreement. The vehicles are expected to be operational during the whole rental period but HUNKO does not guarantee as the vehicle manufacturer.
7. RETURN OF VEHICLE
7.1. If required to return early than expected, HUNKO is not oblidged to effect an early return payment as the vehicle is fully booked in name of TENANT for whole rental period. If reservation or rental fee is paid in advance but the vehicle is not picked up on time, HUNKO does not have the obligation to pay back the amounts collected neither does not have to keep the vehicle for whole rental period. When the vehicle is not picked up at the time of reservation but asked to be picked up at another time, HUNKO has right to reject the subject request without any refunds or to supply any car group avaliable.
7.2. TENANT picks up the vehicle, with all accesories in an excllent condition on the date of pick-up, with spare wheel, all the tires, the vehicle documents, accessories and tools with additional products to be returned to the exact address on the exact date and time specified on the rental agreement and/or delivery form in a complete and undamaged, excellent condition as picked up.
In case of delivery to another address, one way is to be paid in addition to a service fee which may be determined by HUNKO.
7.3. All accesories, spare wheel, all the tires, the vehicle documents, accessories and tools with additional products should be returned with the vehicle on the exact date of return stated in excellent condition as taken. Any defects on vehicle or subject accesories including losses which may not be considered as usual efects may be considered as unusual damages which may be under the responsibility of TENANT. The damage may be calculated by HUNKO and should be paid immediately by TENANT at the drop off point without objection.
Also from the date of drop off, HUNKO has a right for a detailed investigation on vehicle or accesories/products within 30 days and request any additional payments which may be considered as unusual damages. The delivery forms issued on the date of drop off may not be used against this article as the real situation may be understood only after the detailed examinations held in necessary situations.
7.4. All extensions may be effective only after the written acknowledgement oof HUNKO. If the rental is not extended and the vehicle is not returned to HUNKO on exact date/time stated on the forms may considered as violation of the law
means without the permisson of the owner, the vehicle is kept against laws. This situations gives the right to HUNKO the permission to take back the vehicle immediately without notice, permission and authorization. TENANT, therefore may not make any claims, in all cases, agree that a waiver of complaint and other rights and warrants could be requested and cashed by HUNKO. TENANT accepts to pay damages and expenses that may occur. If TENANT is charged a rental fee for the duration of the delay it can not be interpreted as extension of the contract though HUNKO asks for the loss of rental days on the other hand all insurances and guarantees should be considered invalid.
7.5. In addition, if the TENANT does not return the vehicle on exact date and time stated on the delivery form, for the first 1 hour 1/3 , for the second 1 hour 2/3 and for the third 1 hour 3/3 of the daily rental price of the vehicle may be calculated as the late drop off fee. All delays without extension may be subject to highest daily rental fee in HUNKO system and may be calculated seperately for each day. TENANT, in this case, will be charged for inadequate availability of the vehicles arising from disruption and degradation are obliged to pay the damage of all kinds. It also can not be interpreted as extension of the contract or the contract cannot be interpreted as an agreement with an indefinite end date.
8. CONTRACT TERMINATION AND VIOLATION TERMS
8.1. The general conditions and rental contract terms and conditions may be in force on the date of signature. There may be no need for a submission and without any further notification with extradition to the TENANT in accordance with the general conditions shall be automatically terminated by the signature of TENANT & HUNKO on the drop off delivery form. Even if the rental contract ends, HUNKO may still be authorized to demand the rights given by this terms and conditions for the rental and all other costs due to the rental.
8.2. For any reasons within the rental period, HUNKO has the right to terminate the rental without notification, notice or provision unilaterally and without compensation.
8.3. HUNKO has the right to terminate the rental without notification, notice or provision unilaterally and without compensation when any article of the general conditions & terms and conditions or the statements on the delivery forms are violated totally or even partially, or when the obligations and commitments are failed to be complied even partially by TENANT the contract may be subject termination by HUNKO’s free will.
8.4. Against the introduction of any way the enforcement proceeds, to avoid liquidation of insolvent or have been applied for bankruptcy or bankruptcy postponement, in any application to court for rental agreement or if credit card can not be used as the expiration of the same nature and /or limits of the credit card is not sufficient or any limits which are accepted as a guarantee becomes below the acceptance of HUNKO or if vehicle to have abandoned any place (at the discretion of the lessor), or rely on the presence of suspected abuse (at the discretion of the lessor) if the rental agreement and the general conditions are violated in any aspect; without prior notice to TENANT, without notice or provision needed, HUNKO may have the right and will terminate the contract without any responsibilities.
8.5. From the date and time of the contract termination, TENANT may drop off the vehicle to the nearest rental office of HUNKO, latest within 3 hours. When this time is exceeded, HUNKO may have the right to confiscate the vehicle whenever the vehicle is seen. Due to the use of the right for confiscation, the TENANT would not make any claims against HUNKO, in all cases, agrees of waiver to any complaints and other rights or warrants.
8.6. The TENANT may still be responsible for all articles stated in this General Conditions and delivery forms until the day of receipt of vehicle by HUNKO completely with all parts, keys, accesories and official papers.
8.7. Regardless the vehicle is delivered by TENANT or confiscated by HUNKO, TENANT may still be responsible for payment of all fees and charges stated on article 7.5, untill the end of the rental period. Any delay for effecting these payments may be due to an interest rate which may be calculated by %200 more than the Republic of Turkey Central Bank Advance rate. Also, compensation charges and deposits will remain deprived as a guarantee for all kinds of damages and which may be demanded by HUNKO.
9. TRANSFER, ASSIGNMENT, SUB-TENANT, BAN
Without the written consent of Hunko, TENANT is not allowed to assign the vehicle to someone else's use, cannot show as collateral, lease, give as a guarantee, or can not use for any other similar operations. The car is not allowed to be taken abroad without the written consent of HUNKO. All costs and liabilities for using out of Turkey including return fees and all taxes are in TENANT liabilities.
10. LIABILITY DUE TO CHARGES & PUNISHMENT
TENANT agrees to return the vehicle immediately at the exact date and time stated on the rental agreement and/or the delivery form. Whatever the reason would be, in terms of termination, the return of the vehicle should be returned at most 3 hours to the return point stated on the rental agreement and/or delivery forms. Even if the rental fee is charged for any delay, if fails to return the vehicle in accordance with above mentioned time rules; TENANT declares that he is aware of his action may be judged as abuse and crime according to Turkish Trade Rules TCK.155.
In the event of any conflict, TENANT declares that the records and any data in the SYSTEMS or documents of HUNKO is precise and solid evidence for the Law of Procedure HMK193. of which would not be subject to any objection in any way against HUNKO’s records and commitment.
By the signature of TENANT, the vehicle details like, make, model, license plate, passengers, driver and additional drivers, credit card details may not be considered as private information of TENANT and the parties of the contract. It is in freewill of HUNKO to share information with people and organizations that provide services and the sharing of this information can not be regarded as a breach of privacy. TENANT agrees in advance to the authority of HUNKO.
13. SETTLEMENT OF DISPUTES
These general conditions, the interpretation of the rental agreement and vehicle delivery form and / or these general conditions, may due and / or any dispute which may arise between the parties shall be subject to Turkish law; Istanbul courts are authorized for settlement of disputes. In case of any translation mistakes made in this Terms & Conditions, delivery forms and/or rental agreements; or if any difference may arise between Turkish and the foreign language version of these documents, the Turkish text shall be the basis for the interpretation of this text by parties or by legal authorities including Courts.
These changes which are not written and signed by both parties in these general conditions of the rental agreement and any amendment or addition to be made mutual but not written and signed by the parties in the general conditions may not be valid.
Parties, accept that the addresses written on the general conditions and / or rental agreement and / or contract attachments and / or delivery forms are the legal notification addresses; in case of change of address, the party accepts to send a written notification to other party in 3 bank working days to inform the other party about the change of the address. When the address change is not officialy stated to the other party according to the stated terms and conditions, all the notifications made to the actual address would offer all the legal consequences of acceptance which is declared and undertaken.
16. STAMP DUTY
Any stamp duty which may arise by this rental agreement may be paid by HUNKO.
The usage of rights and powers which may arise through this rental agreement with delay, partially usage; may not mean the waiver of those rights or powers, and may not preclude the later useage.
18. ENTIRE AGREEMENT
These general conditions of the rental may still be in force even if some of the articles declared invalid or non applicabile for any reason; the other provisions of this agreement shall remain in force though.
Both these general conditions and other general conditions signed after this agreement which may refer to this rental agreement in addition to delivery forms and any other documents supplied by HUNKO shall be interpreted together.
The 19 Articles of these general conditions of the rental agreement was signed after being read and negotiated by both parties on the date of rental stated on the forms.