Rental Agreement | Terms and Contract Details

Authorization (Pre-Authorization) Amounts

2. The lessee is obliged to comply with the Highway Traffic Regulation and the laws currently in force. In the event that a penal sanction is imposed due to the use of the vehicle in violation of laws and regulations, the lessee shall be responsible for the related costs (fine, impoundment of the vehicle, towing of the vehicle, etc.).

3. The lessee shall be responsible for penal sanctions and their accessories (traffic fines, costs arising from the impoundment and towing of the rental vehicle, and other incidental costs arising from the relevant accident) that may be imposed as a result of accidents caused by acts contrary to highway traffic rules.

The lessee has been informed that, under this Agreement signed by the lessee, the vehicle made available for use may only be driven by the lessee and that the right of use is not granted to any third party outside the Agreement. In the event of any breach of this clause, the vehicle delivery/return dates, or any provision of the Agreement, the lessee shall be responsible for all damages incurred; and the lessor may claim and/or collect any and all losses suffered from the lessee. If there is an Additional Driver, this provision shall apply mutatis mutandis to the Additional Driver as well, and the lessee and the Additional Driver shall be jointly and severally liable against the lessor.

4. The minimum rental period is 1 day (24 hours). For shorter rentals, the daily rate applies. In case of delay, if the delay exceeds 2 hours, a full-day fee will be charged. For car rental reservations made through our reservation channels with prepayment or payment at the office, a 2-hour waiting option is provided as of the vehicle pick-up time. After this period, the reservation may be cancelled depending on availability, and the refund will not be made as stated in the cancellation and refund terms.

5. The lessee shall return and deliver the vehicle on the agreed day. For all extensions, the lessee shall apply to Konak Car Rental Transfer Real Estate Construction Tourism Trade Limited Company and obtain its approval. The parties have acknowledged that, in the event of extensions made without obtaining approval, the lessee is unlawfully holding the vehicle.

6. At the start of the rental, vehicle users are required to present their driving licenses and usable credit cards. Payments are made at the start of the rental with a valid credit card.

7. At the start of the rental, a temporary pre-authorization (block) is applied on the lessee’s credit card in amounts that vary depending on the vehicle group as collateral. If the rental period is longer than 1 month, the blocked amount equals the monthly rental fee. The lessee agrees in advance that they will not object to the collection of rental-related charges from the blocked amount, such as additional rental day amounts, missing fuel, damage, traffic fines, etc. For transactions related to traffic fines, a service fee will be charged up to a maximum of 100 TL, equal to 20% (twenty percent) of each fine amount plus VAT. Vehicles are equipped with HGS (Fast Pass System), and upon return the lessee shall pay the relevant office the toll amount used plus a 15% service fee. Lessees using OGS (Automatic Pass System) are obliged to pay illegal pass fees.

8. If requested by the lessee, the following additional insurances expanding the insurance coverage may be purchased;

• Mini damage insurance covers unilateral material damages up to a specified amount that varies depending on the vehicle group, excluding tire, glass, headlight, and mirror damages. It provides the right to declare without the need for an accident report or police report. In two-party accidents, a report or record is mandatory. It is not evaluated within the scope of mini damage insurance.
• LCF Coverage: Damages that occur as follows without damage to the body/exterior parts of the rented vehicle are covered by LCF insurance: 1 tire damaged on its own (rim damages are not within the scope of this coverage) or all windows and side mirror glasses (roof glass is not within the scope of this insurance) or damages that occur to 1 headlight (including rear stop lamps and signal lamps).
• Optional financial liability insurance provides coverage up to a maximum of 2,000,000 TL against third parties, in addition to the compulsory financial liability insurance.
• Personal accident insurance covers the driver and passengers in the vehicle within the insurance limits.

9. In the event of damage and/or malfunction in the rented vehicle, the lessee is responsible for delivering the vehicle to an authorized service in a safe manner and in a way that does not increase the damage. If support is not obtained from the offices of Konak Oto Kiralama Transfer Gayrimenkul İnşaat Turizm Ticaret Limited Şirketi or from the Konak Araç Kiralama Roadside Assistance call center during the process of delivering the vehicle to the service, the towing cost shall be paid by the lessee.

10. At the start of the rental, a deposit is collected from the lessee’s credit card in amounts that vary depending on the vehicle group as collateral. After the vehicle is delivered to the return office and all additional costs are collected, the collected deposit amount is refunded to the same card within an average of 3–7 business days (depending on interbank processing time). If the rental period is longer than 1 month, the blocked amount equals the monthly rental fee. The lessee agrees in advance that they will not object to the collection of rental-related charges from the deposit, such as additional rental day amounts, missing fuel, damage, traffic fines, extra cleaning fees, etc. For transactions related to traffic fines, a service fee will be charged up to a maximum of 100 TL, equal to 20% (twenty percent) of each fine amount plus VAT. Vehicles are equipped with HGS (Fast Pass System), and upon return the lessee shall pay the relevant office the toll amount used plus a 15% service fee. Lessees using OGS (Automatic Pass System) are obliged to pay illegal pass fees.

11. Upon the lessor’s request, the lessee is responsible for paying the following;

a. The daily rental fee and/or kilometer fee to be calculated according to the amounts specified on the front page for the day(s) and/or distance traveled during the rental period (the distance traveled is determined by reading the odometer installed by the manufacturer. If the odometer is defective, the kilometer fee is calculated according to the map distance of the trip).

b. Insurance fees and other fees over the agreed amounts stated in the rental agreement,

c. The one-way fee determined by the lessor up to the drop-off location if the vehicle is returned to an office different from the pick-up office,

d. Value-added tax and other taxes for which the lessee will be responsible,

e. During the rental period, all parking fines, traffic rule violations, other monetary fines arising from violations of law, and court expenses imposed on the vehicle, the lessee and any other driver, or the lessor, except those arising from the lessor’s fault; expenses that may arise due to impoundment of the vehicle; and the fees for the days during which the vehicle cannot be rented out,

f. The costs arising from the repair of any damages that may occur to the vehicle due to collision or rollover, the lessor’s expenses, and the material and moral compensation that the lessor is obliged to pay to third parties shall be paid by the lessee. However, provided that the lessee signs the relevant “Accepts” section in the rental agreement and pays the collision damage waiver (CDW) excess limit premium in advance, and provided that the lessee uses the vehicle in accordance with all conditions set forth in the agreement and completes the procedures, the lessee may benefit from the vehicle insurance.

g. The lessee accepts and undertakes to pay upon first demand all losses and damages, fines, including those arising from mechanical and bodywork issues (other than those specified in the rental agreement and vehicle delivery form), and including third-party claims, that cannot be claimed from and collected by insurance companies under traffic insurance rules due to user error and/or negligence, carelessness, or lack of due care. For example; damages due to incorrect gear shifting, continuing to use the vehicle despite a warning light, continuing to use the vehicle after underbody impact, damages arising from failure to report maintenance needs during the rental period, etc.

h. For a person other than the lessee to drive the vehicle, valid ID and driving license details must be recorded in the agreement at the start of the rental and daily additional driver fees must be paid. If this rule is not complied with, the purchased insurances are deemed invalid and the lessee and the drivers will be held responsible for all damages,

ı. At the end of the rental, fuel for vehicles returned with missing fuel will be completed at the offices of Konak Car Rental Transfer Real Estate Construction Tourism Trade Limited Company, and payment will be made by the lessee including a 30% service fee and VAT to be added to the fuel amount. If traffic fines related to the rental period were not paid by lessees at the end of the rental, they shall be paid to the lessor. Traffic fines that could not be determined at the end of the rental and are received later will be charged to the credit card with the lessee’s consent shown at the start of the rental, provided that the lessee is informed,

i. In cities where there are no offices of Konak Car Rental Transfer Real Estate Construction Tourism Trade Limited Company, a per-kilometer fee determined by the lessor is charged based on the distance to the nearest Konak Rent a Car office for delivery and pick-up. If the rented vehicle is returned to a Konak Rent a Car office in a city other than the city of rental, a fee will apply according to the one-way tariff,

j. The expenses incurred by the lessor during the collection of payments that must be made by the lessee under this agreement,

k. In payments made by credit card, the lessee cannot object to the lessor filling out and collecting the credit card slips taken as a deposit in accordance with the rental agreements,

12. Although the lessee has accepted the Standard Insurance coverage applied by Konak Rent a Car and the Mini Damage Insurance, the lessee agrees to cover the damage liability and related expenses without objection if the vehicle is damaged under the conditions specified below,

a. If under the influence of alcohol and/or narcotics at the time of the accident,

b. If it is stated in the accident determination form/report that the accident arose from the lessee’s unilateral fault (including but not limited to records such as failing to adjust speeds of vehicles to weather, road, visibility, technical characteristics, and traffic conditions / failing to drive appropriately),

c. If it is stated that the legal speed limit was exceeded and that the accident occurred due to speed in the accident determination form,

d. In unilateral accidents where an accident report is not prepared, in two-party accidents where the statement is incompletely filled out, where an alcohol report is not obtained, and in addition in intentional accidents; damages arising from negligence and intent such as driving at high engine RPM, damages arising from the use of incorrect or illicit fuel, damages arising from tire blowout and rim damage due to driving on the rim, driving in violation of traffic laws, using an invalid driving license, accidents caused by persons other than the drivers specified in the rental agreement, and where insurance companies do not pay the insurance amount due to deviation from the terms determined by the Turkish Insurance and Reinsurance Companies Association regarding motor insurance policies; and if the lessee causes damage to the upper parts of the vehicle (as a result of striking objects such as a bridge, balcony, branch, etc.), the lessee is obliged to pay the damage costs even if traffic insurance and damage coverages have been purchased.

e. Material damages to third parties and passengers in the vehicle, and medical expenses are limited to the compulsory traffic insurance limits of the vehicle; all liabilities and obligations that may arise, including non-pecuniary damages, belong exclusively to the lessee.

f. Tire tear, tire damage, rim damages (if LCF coverage has not been purchased) regardless of an accident

g. Loss of hubcap and spare tire

h. Damage to registration, license plate, fire extinguisher, and in-vehicle equipment

i. Key loss and/or key damages arising from use

j. Any damage and loss not covered by insurance

13. The lessee shall pay the determined fee at the time of vehicle delivery, and the costs that may arise at the end of the rental period, by credit card, voucher, or cash. Lessees operating on a current account shall make payments for any debt incurred in cash or via bank transfer after invoicing. If the lessee does not pay the debt arising from the rental and the elements in the rental agreement on time, the lessee agrees, declares, and undertakes that the amounts will become due as of the invoice date without any notice or warning and that the lessee will pay default interest of 5% (five percent) as of the invoice date. The lessee agrees, declares, and undertakes that if a request is made for a precautionary attachment or injunction due to non-payment of the rental fee, Konak Car Rental Transfer Real Estate Construction Tourism Trade Limited Company is authorized to obtain a precautionary attachment and injunction decision without providing security.

14. The vehicle shall not be used in the following manners:

a. Passenger/cargo transportation for an open or hidden income, towing/pushing any vehicle, transportation/possession of substances contrary to customs legislation and other laws or other illegal acts, under the influence of alcohol (including alcohol use below the legal limit specified in the law – e.g., between 0–0.30 promille) and/or narcotics, in motor sports (race, speed, rally, endurance, speed trials, etc.)

b. On roads closed to traffic or unsuitable roads, carrying load/items in a way that may damage the vehicle by exceeding the loading limit, carrying more persons than the vehicle’s capacity, using the vehicle in road conditions and situations not suitable for the technical structure and tolerance of the vehicles (swamp, terrain, stream bed, etc.), use of the vehicle by someone other than the lessee (there is a precondition to register persons other than the lessee as an additional driver in advance. However, the person driving the vehicle cannot be relieved of the responsibilities under the agreement and shall be jointly liable with the driver.)

c. Outside the country’s borders, outside the legal speed limits, and in the event of deviation from the rules specified within the scope of the agreement, the repair costs of the resulting damages, all expenses arising due to the accident, and compensations shall be paid by the lessee.

15. If damage occurs to the vehicle provided to the lessee, an additional damage tracking fee of 5% of the damage amount is charged to the lessee. When the vehicle is not being used by the lessee, the lessee is obliged to take precautions against possible accidents or theft. The lessee must park the vehicle in a safe place as a precaution by keeping the doors locked and not leaving the registration in the vehicle. In case of theft, the lessee must deliver the vehicle key and registration to the nearest office of Konak Car Rental Transfer Real Estate Construction Tourism Trade Limited Company within 24 hours, provided that the lessee proves that they notified the relevant law enforcement units. If the vehicle is stolen due to failure to take the said precautions and/or due to theft by appropriation, the lessee agrees to pay the vehicle value and other damages.

16. If goods or passengers are transported with the vehicle, the lessee is exclusively responsible for any damage and loss that may occur to the transported goods or passengers.

17. In the event of an accident resulting in material damage, death, or bodily injury, the lessee must immediately notify the nearest police officers or relevant units and deliver the reports and records to the relevant office of Konak Car Rental Transfer Real Estate Construction Tourism Trade Limited Company within 24 hours at the latest.

18. The lessee or any authorized driver specified above in clause 12-g is insured under the traffic insurance policy. The lessor assumes legal liability arising from accidents that cause damage to third parties to the extent of the compensation amount that can be obtained from insurance companies within the coverage limits of the contracted liability insurance. All material and non-pecuniary compensation and legal liability above this amount belong to the lessee, and the lessor has the right of recourse against the lessee. In addition, in the event of an accident during the rental period, the lessee shall take the following measures to protect the interests of the lessor and the lessor’s insurance company;

a. Obtain the names and addresses of the relevant parties and witnesses, not admit fault or guilt unless liability or fault is established, not leave the vehicle without taking sufficient safety measures, in case of any accident and damage call the nearest office of Konak Rent a Car by phone, also have the lessor’s accident report completed including the necessary diagram, and if determination of someone else’s fault is required or if there are injured or deceased persons, immediately notify the nearest police.

19. The lessee will be insured within the terms and conditions of the personal accident insurance policy contracted by the lessor with its own insurance company, provided that the lessee signs the front page and pays the stipulated amount.

20. If there is damage to the vehicle that will be reflected to the insurance company, the lessee is obliged to complete and submit the documents and procedures. The rental agreement will continue to accrue at the daily rental rate during the time until the documents and procedures are completed.

21. After the lessor repossesses the vehicle from the lessee, the lessor is not responsible for any objects and belongings left inside the vehicle. During the rental period, the lessee is obliged to have the periodic maintenance of the vehicle performed according to the instruction manual in the vehicle. If invoices are presented for transactions to be carried out at authorized services with the knowledge of Konak Car Rental Transfer Real Estate Construction Tourism Trade Limited Company, the amounts will be deducted from the lessee’s debt and the remainder will be paid to the lessee. In case of vehicle breakdown, the lessor shall immediately park the vehicle safely and notify the nearest office of Konak Oto Kiralama Transfer Gayrimenkul İnşaat Turizm Ticaret Limited Şirketi. Repair costs are accepted only if the offices of Konak Car Rental Transfer Real Estate Construction Tourism Trade Limited Company have given prior permission. Konak Car Rental Transfer Real Estate Construction Tourism Trade Limited Company is not responsible for the loss or damage of objects and materials found in the vehicle during repossession. The lessee declares that if the contract term ends, the agreement will have ended without any notice; and that failure to return the vehicle despite termination of the agreement for any reason constitutes a criminal offense under criminal law provisions; and that if the vehicle is used by the LESSEE or additional driver outside the rental period and/or used unlawfully, the lessee cannot benefit from any insurance and coverage, legal right, in terms of damage and liability; and that no further external notification will be made for these matters.

22. Upon expiry of the rental period, the lessee cannot unilaterally extend the rental period. If the lessee wishes to extend the rental period, the rental period may be extended with the lessor’s written approval, or the lessee will consent to a new vehicle to be provided. If the lessor does not approve the lessee’s request to extend the rental period and in any case upon expiry of the rental period specified in this Agreement; the lessee shall deliver the vehicle subject to the agreement, on the day the rental period ends, to the lessor at the address “Türkler Mahallesi, Türkler Yasemin Sokak, No:25 Alanya, Antalya.” or to another address that the lessor will notify the lessee in writing. Even if a subsequent rental agreement has not been signed, rental extensions will remain bound by the terms of this agreement. The lessee accepts that failure to return the vehicle despite expiry of the contract term constitutes a criminal offense under criminal law provisions and that the lessee will not retain the vehicle beyond the rental period. The lessee accepts and declares that they are aware that they cannot benefit from insurance, coverages, and legal rights after expiry of the rental period and/or during unlawful use of the vehicle.

23. If the lessee does not comply with any provision of this agreement, especially if the lessee does not deliver the vehicle on the agreed date, the LESSEE grants Konak Rent a Car the authority to immediately repossess the said vehicle wherever it may be and without prior warning, and the LESSEE is obliged to pay any damages and expenses that may occur during repossession by Konak Car Rental Transfer Real Estate Construction Tourism Trade Limited Company. The LESSEE declares that if the contract term ends, the agreement will have ended without any notice; and that failure to return the vehicle despite termination of the agreement for any reason constitutes a criminal offense under criminal law provisions; and that if the vehicle is used by the lessee or additional driver outside the rental period and/or used unlawfully, the lessee cannot benefit from any insurance and coverage, legal right, in terms of damage and liability; and that no further external notification will be made for these matters.

24. The lessor may unilaterally terminate this Agreement at any time by giving notice to the lessee by email, fax, SMS, etc.

25. The rental terms in the information brochures, which are not specified in this agreement but are printed by the lessor and delivered to the customer at the start of the rental and deemed an integral part of this agreement, are accepted by the lessee as is.

26. There are kilometer limits for the use of vehicles as follows, and in case of exceeding the kilometer limit, fees will be charged at the amounts stated in the table above.

27. “The lessee irrevocably accepts, declares, and undertakes that they are aware that the vehicle(s) rented under this Agreement are equipped with systems that enable geographic location identification, including but not limited to a vehicle tracking system.”

28. The parties have accepted and declared that in disputes that may arise from this agreement, the lessor’s documents, books, statements, and records, and computer records shall be valid on their own, binding on all parties, final and exclusive evidence, that no other evidence may be substituted, and even if substituted, it will not be taken into account.

29. Turkish Law shall apply in all disputes arising from or related to this agreement, and the Courts and Enforcement Offices of Antalya (Alanya) are authorized.

30. Acting as an independent data controller, the lessor may use and share the lessee’s personal data (and the personal data of any authorized driver) collected in connection with this rental agreement or any related agreement or service (“Lessee’s Personal Data” or “Personal Data”) for the purposes set out below:

a) Processing the lessee’s Personal Data to manage the rental relationship and commercial relationship, to communicate with the lessee, or to provide support related to the rental agreement. For this purpose, the lessor processes the lessee’s Personal Data (i) as required by the contract (e.g., invoicing) or (ii) based on its legitimate interests in ensuring that the requested services are provided effectively (provided that the lessee’s and additional authorized drivers’ rights regarding the protection of personal data do not override those interests).

b) Within the scope of the lessee’s or authorized driver’s relationship with the lessor, storing the Personal Data relating to the incident of the lessee or additional authorized driver in cases where the lessor considers that, as a result of any incident, the lessee or additional authorized driver may pose a risk for future rentals. The lessor processes the lessee’s Personal Data based on its legitimate interests in protecting its employees, other customers, assets, and the public from security and financial risks (provided that the lessee’s and additional authorized drivers’ rights regarding the protection of personal data do not override those interests), based on past customer behavior.

c) Verifying driving and credit information provided by the lessee and authorized driver (including the lessee’s Personal Data) through credit institutions, licensing authorities, fraud prevention authorities, and databases. In this context, the lessor processes the lessee’s Personal Data based on its legitimate interests in preventing fraud (provided that the lessee’s and additional authorized drivers’ rights regarding the protection of personal data do not override those interests).

d) Providing details of accidents involving the lessee or any additional authorized driver (including the lessee’s Personal Data) to relevant insurance databases. The lessor processes the lessee’s Personal Data for this purpose where it is necessary for the establishment, exercise, or defense of legal claims.

e) Providing the lessee’s Personal Data to government agencies that monitor road programs to assist in the enforcement of any traffic regulation during the rental. The lessor processes the lessee’s Personal Data for this purpose where necessary to ensure compliance with applicable legal obligations.

f) The lessor may provide the lessee’s Personal Data to the relevant tax office or authority, debt collection persons, credit institutions, and other relevant institutions (i) as required by the contract; (ii) as required for compliance with a legal obligation; and/or (iii) within the scope of the lessor’s legitimate interest in collecting its receivables.

31. The lessor may provide the lessee’s Personal Data to any of the relevant affiliates, and all companies will operate as independent data controllers.

a) Processing the lessee’s Personal Data to manage the rental relationship and commercial relationship; contacting the lessee to provide support related to the rental relationship.

b) Within the scope of the lessee’s or authorized driver’s relationship, storing the Personal Data relating to the incident of the lessee or additional authorized driver in cases where, as a result of any incident, the lessor considers that the lessee or additional authorized driver may pose a risk for future rentals.

c) Processing the lessee’s Personal Data to conduct customer satisfaction surveys by phone; processing in this scope is carried out based on the lessee’s explicit consent.

d) Sending marketing communications (e.g., by mail or electronic communication) to the lessee about similar products or services that may be of interest to the lessee; this purpose may include providing targeted advertisements on selected partner sites and social networks. Where necessary, the lessee’s consent will be requested.

e) Keeping statistics and conducting analysis on product and service usage (including the processing of anonymized data) in order to provide better customer service, products, features, and functions to other persons who may become customers in the future.

32. Both the lessor and its relevant affiliates retain the lessee’s Personal Data for commercially reasonable periods or in accordance with applicable laws and policies. Information collected for a specific purpose will only be used for that purpose and, after a reasonable period, will not be actively stored once that purpose has been fulfilled. However, inactive data may continue to be used for statistical, marketing, archiving, and other analytical purposes.

33. Subject to the rights recognized under applicable laws, the lessee’s rights are as follows: (i) to access their personal data (including in a commonly used, machine-readable format); (ii) to request rectification of their personal data (where inaccurate or incomplete); (iii) to request deletion of their personal data where the lessor’s legitimate interests (or other legal bases) for processing no longer apply; (iv) to request restriction of their personal data; (v) to object to the lessor’s processing of their personal data in certain circumstances; and (vi) to lodge a complaint with the relevant supervisory authority.

34. If the lessee has any questions regarding the above use of the lessee’s Personal Data, the lessee must first contact the lessor.

35. The Vehicle may be equipped with (i) emergency notification functions (“eCall System”) and (ii) telematics systems and infotainment (“Telematics Systems”) that are independently controlled by the manufacturer (“OEM”). The eCall System is provided to ensure that the lessee and passengers receive appropriate assistance in emergencies. If the Vehicle is reported as potentially or actually lost or stolen, the lessor will request access to the necessary Telematics Systems from the relevant OEM. System and service limitations, warranty exclusions, liability limitations, usage disclosures, disclosure and retention of information, the lessee’s individual rights, and the applicable privacy notice (which may include any data transfer outside the European Economic Area), as well as the OEMs’ contact information, can be found on the OEM’s websites or obtained from the vehicle dashboard. When the lessee uses any satellite, navigation, or infotainment system in the Vehicle, the lessee is responsible for any information stored in the system as a result of such use. The lessor does not guarantee the confidentiality of such information. Before returning the Vehicle to the lessor, the lessee must delete this information. If the lessee does not delete this information, subsequent users of the Vehicle may access it.