Rental Agreement
This agreement has been executed between PAPİLL-ON TUR TOURISM TRAVEL AGENCY LLC (hereinafter referred to as "ECOCAR"), the owner of all rights of the website operating at www.ecocar.com.tr, headquartered at Kemerkaya Mahallesi Kazazoğlu Sk. No: 2/11 K:1 Trabzon Ortahisar, and the person receiving car rental services through the website (hereinafter referred to as "the Tenant"), at the stage of the Tenant renting a vehicle through the website www.ecocar.com.tr.
By renting a vehicle through the website, the Tenant acknowledges, declares, and undertakes that they have read, understood, and approved all provisions of this Agreement in its entirety.
As stated in this Agreement;
ECOCAR: PAPİLL-ON TUR TOURISM TRAVEL AGENCY LLC (briefly "ECOCAR"),
Tenant: The natural or legal person receiving car rental services through the Website,
Website: The website broadcasting under the domain name www.ecocar.com.tr,
Vehicle: Any brand and model of vehicle owned by ECOCAR and subject to rental,
Agreement: Refers to this "Rental Agreement".
The subject of this Agreement is to determine the procedures and principles regarding the online rental of vehicles by ECOCAR through the Website, and the mutual rights and obligations of ECOCAR and the Tenant. This Agreement shall be effective regarding the vehicle(s) that the Tenant will rent through the Website.
4.1. ECOCAR takes all reasonable security measures prescribed by law to prevent the loss, misuse, and alteration of personal identity, address, and contact information under its control and supervision; however, it does not guarantee the security of such information. Information and data transferred by the Tenant to the website shall not be construed as confidential information.
4.2. ECOCAR may monitor and record all activities of the Tenant on the website for security reasons and may intervene in any manner it deems necessary, including but not limited to removal from the website, account suspension, and account cancellation.
4.3. ECOCAR may partially or completely change the format and content of the website without prior notice to the Tenant, as well as change the domain name under which the website operates, use different subdomains, redirect domain names, and/or close the domain name.
4.4. Registration on the website is not a prerequisite for the provision of car rental services by ECOCAR, and since car rental services can be obtained without registration, all benefits offered to the Tenant within the scope of registration are of an "Additional benefit" nature.
4.5. ECOCAR may change the scope and types of services offered on the website at any time and without stating any reason or prior notice to the Tenant, as well as partially or completely suspend, terminate, or cancel the services offered on the website.
4.6. ECOCAR may make changes and/or updates to services, rental conditions, and operations at any time for the more effective performance of the transactions specified in the Agreement. Tenants accept and declare that they have accepted such changes and will act in accordance with them.
4.7. This Agreement does not contain any commitment regarding the number of vehicles ECOCAR will rent, their brand, model, model year, or other matters. The Tenant cannot claim any rights or receivables from ECOCAR under any name for these and other reasons.
4.8. ECOCAR has the right to unilaterally refrain from starting, suspend, terminate, and/or cancel rental activities. The Tenant accepts, declares, and undertakes that they have no right of objection in this regard.
5.1. Registration is completed by the Tenant fulfilling the procedure specified on the website. By renting a vehicle, the Tenant also accepts the provisions of this Agreement and all declarations made or to be made by ECOCAR regarding the services.
5.2. The Tenant accepts and declares that the identity, driver's license, address, and contact information provided during rental transactions are complete and accurate, that they will immediately notify ECOCAR of any changes in their information, and that they alone shall be responsible for any legal disputes and damages that may arise from providing incomplete, outdated, or incorrect information. No responsibility and/or fault arising from this can be attributed to ECOCAR.
5.3. The Tenant accepts and undertakes that while benefiting from the services specified on the website, they will act in accordance with the laws of the Republic of Turkey and general moral rules, will not engage in insults, threats, slander, harassment, etc., will not conduct political or ideological propaganda, will not engage in behaviors that disturb other Tenants, will refrain from all defamatory behavior towards persons or institutions, and will refrain from any action that may cause disruption or interruption of the services provided on the website, and will be personally responsible for any damages that may occur otherwise.
5.4. The Tenant accepts and undertakes that they will not violate the intellectual and industrial property rights of third parties, will respect the copyrights of third parties, will not engage in unfair competition, and will respect the trade secrets and privacy of third parties.
5.5. The Tenant accepts and declares that they will use a password that cannot be easily guessed by others when using the website, will not share their username, password, etc. with others, and since this information is not stored in the website database, they will be solely and personally responsible for its security, and ECOCAR will not be responsible in any way.
5.6. The Tenant accepts and declares that they will only use their own account, will not use other users' account information, and will not allow others to use their account. In the event that such a situation is detected by ECOCAR, their account may be cancelled and they will compensate for all damages that have arisen or may arise.
5.7. The Tenant accepts and undertakes that they will not send harmful programs, software, code, or similar material to the website, and will refrain from any action that may jeopardize the security of the website and its users.
5.8. The Tenant cannot transfer their account to third parties.
5.9. The Tenant cannot restrict or prevent others from using the website and cannot interfere with the operation of the servers or networks used to make the website available.
5.10. ECOCAR is not responsible for damages that may directly or indirectly arise from the Tenant's access to and use of the website, including but not limited to virus attacks affecting computer hardware and/or losses and damages resulting from information obtained from the website.
5.11. The Tenant accepts that they will not use any tool, software, or device to interfere with or attempt to interfere with the operation of the website, will not connect to the website without authorization and will not conduct transactions, and will not access or use other internet users' software and data without permission.
6.1. The presentation and all content of the website are protected by the legislation of the Republic of Turkey and intellectual property legislation, and all information and data published on this website, including but not limited to all trademarks, logos, and service marks, belong to ECOCAR or its licensors. Without the written approval of ECOCAR, the Tenant may not directly or indirectly distribute, transmit, modify, copy, display, reproduce, publish, process, or otherwise use the content of the website, or allow any other person to access or use the services of the website.
6.2. All rights of ECOCAR are reserved, including but not limited to all property, real and personal rights, commercial information, and know-how regarding the Website services, Website information, copyrighted works of the Website, trademarks of the Website, trade dress of the Website, and all tangible and intellectual property rights related to the Website.
6.3. All rights to all texts, graphics, visuals, and all images on the Website are reserved and cannot be used without permission.
6.4. Any unauthorized use (including but not limited to processing, reproduction, distribution, representation, and public disclosure) of all financial rights related to the Website content, design, and software shall constitute a violation of intellectual and industrial property rights.
6.5. Tenants accept and undertake that they will act in accordance with the Turkish Code of Obligations, Turkish Penal Code, Law on Intellectual and Artistic Works, Turkish Commercial Code, Decree Law on Trademarks, and all current and/or future legislation when using the Website. All legal, administrative, criminal, and financial responsibilities that may arise from contrary use shall belong to the Tenant, and ECOCAR's right of recourse is reserved.
The Tenant accepts that there may be deficiencies, communication problems, technical issues, infrastructure and internet failures, power outages, and/or other problems not limited to those listed in the information and services presented/published on the Website, and in the event of such problems/failures, ECOCAR is authorized to stop, terminate, or cancel car rental activities on the website without any obligation to notify the Tenant or provide any reason. The Tenant cannot claim any rights or payments from ECOCAR under any name for these reasons.
ECOCAR does not guarantee that the service will be error-free, continuously provided, or free from viruses and other harmful elements. ECOCAR cannot be held responsible for direct and/or indirect damages arising from the Tenant's use of any product or service. The Tenant accepts and declares that they are personally responsible for all damages and losses that may arise from their use of the service or the website.
In "Force Majeure" situations, including but not limited to natural disasters, rebellion, war, strikes, communication problems, technical issues, infrastructure and internet failures, power outages, and adverse weather conditions, which are beyond the reasonable control of the relevant party and cannot be avoided despite exercising due diligence; ECOCAR has the right to perform any of its obligations determined by this agreement late, incompletely, or not at all.
In such situations, ECOCAR shall not be deemed to have delayed, incompletely performed, failed to perform, or defaulted. No compensation may be claimed from ECOCAR under any name for these situations. If the force majeure event lasts more than 7 (seven) days, ECOCAR may, at its discretion, terminate this agreement unilaterally without any notification, compensation.
9.1. In the event that the Tenant partially or completely breaches any or all of the obligations arising from this agreement, ECOCAR may unilaterally terminate this agreement without any notification or reason, cancel the Tenant's account, and partially or completely suspend or cancel the services the Tenant has received, is receiving, or will receive from the website. In the event of termination for this reason, the Tenant cannot make any claims or demands from ECOCAR.
9.2. ECOCAR is authorized to unilaterally terminate this agreement at its discretion without stating any reason or providing any notification, cancel the Tenant's account, and partially or completely suspend or entirely cancel the services the Tenant has received, is receiving, or will receive from the website.
This Agreement enters into force upon its approval on the Website and automatically terminates upon ECOCAR's cancellation of the Tenant's account and/or termination of the services offered on the Website, without any further notification.
11.1. The Tenant shall keep confidential all information of a commercial, financial, legal, or technical nature, whether or not subject to trade secret or other legal protection, that they directly or indirectly acquire regarding ECOCAR in the performance of this Agreement, and shall not disclose it to any person without ECOCAR's permission. Otherwise, the Tenant shall be responsible for the damages incurred by ECOCAR. Furthermore, ECOCAR may collect the Tenant's identity, address, contact, IP, and website usage information in a database for all legal purposes, including but not limited to creating user profiles and market research, reservation and website usage statistics, and may use this information without any restriction.
11.2. The Tenant's personal data will be collected through automatic or non-automatic means as required by the performance of the agreement or for other reasons stipulated by law, within the framework of the operation and development of services. Such personal data may be processed by ECOCAR for purposes including but not limited to: providing services such as reservations and vehicle sales; increasing company recognition through announcements, celebrations, and other content including gifts and communications; providing general or personalized advertising, announcements, and campaign information for the promotion and marketing of services; managing customer satisfaction or complaints to provide better service; and conducting customer surveys and feedback within the framework of loyalty programs.
11.3. Within the framework of the Personal Data Protection legislation, the Tenant has the following rights regarding their personal data: to learn whether personal data is processed; to request information about processing if it has been processed; to learn the purpose of processing and whether it is used in accordance with its purpose; to learn the third parties to whom it is transferred domestically or abroad; to request correction if processed incompletely or incorrectly; to request deletion, destruction, or anonymization if the reasons requiring processing have ceased; to request notification of such corrections or deletions to third parties to whom data has been transferred; to object to the emergence of a result against the Tenant through the analysis of processed data exclusively through automated systems; to request compensation for damages in case of unlawful processing.
11.4. The Tenant has consented to the sending of commercial electronic messages to the contact addresses currently held by ECOCAR or to be provided in the future, within the scope of the Law on the Regulation of Electronic Commerce.
The parties accept and undertake that the addresses specified during the rental transactions are their legal notification addresses, and that notifications made to these addresses shall have all legal consequences of legally valid notifications unless a change of address is notified in writing to the other party.
The Tenant has consented that all notifications regarding changes in the agreement and services, cancellation of the agreement, termination of this agreement, etc. shall be made to the e-mail address provided during rental transactions, and accepts and undertakes that notifications made by e-mail shall be deemed delivered from the moment they are sent by ECOCAR, whether or not they are received, and shall produce legal consequences. The Tenant may not use electronic mail or fax in correspondence with ECOCAR.
ECOCAR has the right to unilaterally amend the provisions of this agreement without the need to notify the Tenant and without stating any reason. The Tenant shall be deemed to have accepted the said amendments from the moment they are published on the Website. The Tenant irrevocably accepts this matter in advance.
14.1. Turkish Law shall apply in the resolution of disputes arising from the application of this agreement, and the Courts and Enforcement Offices of Trabzon, Ankara, and İzmir shall have jurisdiction.
14.2. The Tenant accepts that in any disputes that may arise, all documents, records, books, and all information, writings, and records in computer and internet environments of ECOCAR shall constitute sole, exclusive, and conclusive evidence and shall be binding, and that this article constitutes an evidence agreement within the scope of Article 193 of the Code of Civil Procedure.
15.1. In the event that any provision of this Agreement is deemed invalid or becomes unenforceable for any reason, the other provisions of the agreement shall remain in force.
15.2. ECOCAR's failure to exercise or delay in exercising any right or authority under the Agreement shall not mean that it has waived such right or authority, nor shall the single or partial exercise of a right or authority prevent the subsequent exercise of that or any other right or authority.
15.3. This agreement replaces any previously approved agreement on the Website from the moment it is approved on the Website.
15.4. Tenants declare that they have read, understood, and accepted all practices and rules on the website.
15.5. The Tenant may not assign or transfer the rights, receivables, and obligations arising from this agreement to third parties without obtaining prior written permission from ECOCAR.
15.6. To the extent permitted by law, ECOCAR shall not be liable for indirect, consequential, or punitive damages. ECOCAR's liability for damages arising from any breach of obligation or warranty is limited to the total amount of fees payable to ECOCAR in connection with this Agreement.
16.1. This Agreement enters into force on the date it is announced by ECOCAR within ECOCAR. Tenants accept the provisions of this agreement by using ECOCAR. ECOCAR may amend the provisions of this agreement at any time, and amendments shall enter into force directly on the date they are published on ECOCAR with a version number and date of change, without being subject to any notification and/or acceptance.
16.2. The Tenant accepts, declares, and undertakes that in disputes arising from this Agreement, the electronic and system records, commercial records, book records, microfilm, microfiche, and computer records kept by ECOCAR in its databases and servers shall constitute valid, binding, conclusive, and exclusive evidence, and that this article is in the nature of an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
Rental Conditions
The Tenant who receives the vehicle with this vehicle delivery form has received the vehicle, whose specifications and license plate are written on the front page, under the terms contained in the form and its annexes.
1) ECOCAR shall make the vehicle, of which it owns or holds the operating rights, available for use for the period agreed upon in the delivery form, subject to compliance with the conditions set forth below. The Tenant has inspected and examined the vehicle beforehand and declares and accepts that it is in good condition, undamaged, and free from all defects. Additionally, the vehicle is equipped with a spare tire, stepney, jack, all accessories required by road traffic regulations, a perfectly functioning radio, tools, relevant documents (registration, map, etc.), and all accessories.
2) The Tenant shall return the vehicle and its accessories on the specified day and time, at the place where they received it, or at the location they have notified and received confirmation for, provided they obtain written approval from ECOCAR and pay additional fees, without any need for notice or warning.
3) The Tenant may under no circumstances use the vehicle for the following purposes or in the following manner. They may not allow third parties to use it, even free of charge:
- Transportation of any goods considered illegal under customs laws and other laws of the Republic of Turkey, and in other unlawful situations,
- Towing or pushing another vehicle or moving or stationary objects, or loading and transporting them without ECOCAR's permission,
- Racing, speed testing, rallying, durability testing, and motor sports, and on roads closed to normal traffic or unsuitable for it,
- Carrying passengers exceeding the number determined by traffic rules, and transporting non-baggage cargo and goods in any form,
- Transporting passengers or goods for compensation, whether by written or verbal agreement, regardless of the payment method.
4) The Tenant must hold a valid Class B driving licence. The minimum age and licence duration requirements vary by vehicle class: economy class vehicles require a minimum age of 25 and a 5-year licence, mid-range class vehicles require a minimum age of 27 and a 5-year licence, premium class vehicles require a minimum age of 30 and a 7-year licence. Domestic and international driving licences are accepted. The Tenant may not allow third parties other than those specified in this form to use the vehicle without the written consent of ECOCAR.
5) The Tenant is responsible for parking the vehicle in a closed and locked manner to ensure its security. In the event of theft or any damage, the Tenant shall compensate for all damages to the vehicle and shall also compensate, without any need for notice or warning, the rental fee calculated at the current rental agreement price for the period until the vehicle is ready for rental again.
6) If the Tenant fails to return the official documents of the vehicle (registration, license plate, etc.) at the time of return, they shall be liable for the rental fee calculated at the current rental agreement price for the period until such documents are found and returned or new ones are obtained, as well as the costs incurred in obtaining new documents in case of loss.
7) In the event that the vehicle is seized by authorized authorities for any reason, whether or not through the fault of the Tenant, the Tenant must immediately notify ECOCAR. Additionally, all expenses related to any efforts to recover the vehicle shall be borne by the Tenant.
8) The Tenant shall have the vehicle's periodic maintenance (lubrication, oil change, etc.) performed within a short period of time, and the expenses shall be reimbursed upon presentation of invoices issued in the name of ECOCAR. Repair, spare parts, and tire replacement costs resulting from normal use and wear belong to ECOCAR. However, repair costs resulting from abnormal use or accidents belong to the Tenant.
9) Fuel costs are the responsibility of the Tenant. ECOCAR applies a "return with the same fuel level" principle within the framework of a fair usage policy. The vehicle must be returned at the same fuel level at which it was received. No refund shall be made for excess fuel left in the tank. In case of insufficient fuel upon return, the missing fuel cost plus a fuel replenishment service charge shall be collected from the Tenant.
10) The Tenant has in advance released ECOCAR from any liability arising from the loss or damage of any goods left/transported in or on the vehicle by themselves or any other person during or before the period of use, or after the return of the vehicle to ECOCAR, including related expenses.
11) One day of usage is 24 hours. Weekly or monthly usage periods are calculated based on 7 days and 30 days respectively.
12) ECOCAR may terminate the delivery at any time without being obligated to state a reason or pay compensation, without any notice period, as well as decline to extend the period.
13) Unless agreed upon in writing between the parties, any addition or amendment to the terms and conditions shall be void.
14) In all cases, the Tenant and ECOCAR shall provide each other with necessary conveniences in pursuing their compensation claims against third parties, grant power of attorney to each other in proportion to their rights, and assign their litigation rights; litigation costs shall be shared within this proportion.
15) Vehicles may not be taken outside Turkey without the written permission of ECOCAR.
16) The Courts and Enforcement Offices of Trabzon, Ankara, and İzmir shall have jurisdiction over disputes, claims, compensation lawsuits, and enforcement proceedings arising from this delivery form between the Tenant and ECOCAR.
17) The Tenant may under no circumstances transfer, assign, or pledge the rights arising from delivery and acceptance, or the vehicle and its equipment and accessories, and may not use them in a manner that would harm ECOCAR. Breach of this undertaking shall require immediate return of the vehicle and payment of compensation equal to the vehicle's value to ECOCAR.
18) All traffic fines during the rental period are the responsibility of the Tenant. All fines, including toll (OGS/HGS) charges, bridge and motorway fees, and incorrect toll gate usage, shall be invoiced to the Tenant. Fines notified to the company after the rental period shall also be the responsibility of the Tenant.
19) Total available mileage varies according to the number of rental days, with a limit of 300 km for single-day rentals and a monthly maximum of 3,500 km. The total available kilometres are communicated to the Tenant at the contract stage. Any excess mileage is charged at 10 ₺ (VAT included) per kilometre.
20) In the event that the vehicle is not returned within the specified period: for delays of 1–2 hours, 1/3 of the daily rate; for delays of 2–3 hours, 2/3 of the daily rate; and for delays of 3 hours or more, 1 full day's rental charge shall be collected additionally.
The Tenant shall deliver to ECOCAR, as a deposit, three times the amount to be calculated based on the approximate rental fee and the distance to be covered, in accordance with the tariff determined by ECOCAR and valid at the date of signature. The final account shall be calculated at the end of the delivery period and the balance shall be immediately collected from the amount delivered.
Deposit refund shall be initiated upon the vehicle being delivered undamaged and complete. The refund process shall be completed within a maximum of 14 (fourteen) business days from the date the vehicle is returned; however, the Tenant acknowledges that the refund period may vary depending on the processing times of banks and payment institutions.
Prices include VAT. The usage fee may be paid in TL or in foreign currency calculated at the Central Bank buying rate on the date of payment, by credit card, debit card, bank transfer/EFT, or cash. The Tenant may extend the usage period by giving 24 hours' advance notice, subject to obtaining the written consent of ECOCAR and increasing their deposit.
If the reservation is cancelled on the same day it was made, a full refund shall be provided to the Tenant.
In the event of any accident or damage, damage exemption shall apply provided that prior written consent for insurance has been given by the Tenant and the following conditions are met:
1. The Tenant shall submit and report to ECOCAR, within 48 (forty-eight) hours at the latest, an accident report and investigation record from the nearest authorized authority to the accident site, detailing the circumstances of the incident, an alcohol report, and personal names, addresses, and similar documents and information.
2. Unless there is a medically documented preventing condition, the Tenant must immediately report the accident to ECOCAR. The Tenant shall under no circumstances tamper with the damaged vehicle.
3. The Tenant is directly responsible, regardless of fault, for all damages to the vehicle and all damages suffered by third parties as a result of the subject vehicle. The concept of third parties also includes persons in the vehicle other than the Tenant.
4. The legal liability of ECOCAR arising from accidents causing damage to third parties is limited to the coverage limits of the compulsory liability insurance executed for each vehicle. All legal liability exceeding these limits belongs to the Tenant, and ECOCAR's right of recourse is reserved.
5. All insurance policies are valid for the period specified in the vehicle delivery form.
6. The Tenant is directly liable for accidents caused by a driver under the influence of alcohol and narcotic substances or without a valid driver's license, exceeding the vehicle's load capacity, using the vehicle outside its designated use area, acts of gross negligence or intentional misconduct, as well as for accidents caused by or involving transported goods.
7. The Tenant is unconditionally responsible for all damages the vehicle may sustain as a result of any accidents up to the limits specified in the brochure.
8. Foreign nationals renting a vehicle from our company accept and undertake that their passport records together with their country entry and exit records shall be submitted to our company at the time of rental, in order to be forwarded to the insurance company and relevant authorities in the event of any accidents that may occur.
9. Foreign nationals accept and undertake that they are obliged to provide a guarantor and security within the borders of Turkey to our company in relation to any accidents that may occur during the rental period.
10. In cases where the comprehensive insurance applies an exemption or refuses to cover the damage, the relevant damage cost and any depreciation shall be claimed and collected from the Tenant through legal proceedings.
The provision of clause D of the delivery form may apply where the said insurance policies of the vehicle exist. ECOCAR has no obligation to insure the vehicle beyond those legally required. The Tenant irrevocably undertakes that they shall not make any claims against ECOCAR under any name on the grounds that the vehicle is not covered by insurance or that various risks are not covered, and that they have waived in advance all rights and claims that may arise from this and have released ECOCAR from liability.
This delivery form, consisting of this page, has been signed after being fully read and accepted by the Tenant and after the inspection and check described in clause (B/1) have been carried out. The tariff valid at the date of signature as determined by ECOCAR constitutes an integral annex of the delivery form.
Notifications made to the addresses provided by the Tenant in this form shall be deemed as having been delivered to the Tenant.
The Tenant accepts the records, books, and minutes of ECOCAR as evidence.
