This agreement hereby states that the leaser, BADAY OTOMOTIV NAKLIYAT VE INSAAT TIC. LTD. STI., has rented out the vehicle described in this lease agreement (referred to as the 'vehicle' in this agreement) to the RENTER mentioned in the contract with their name and address. In this agreement, BADAY OTOMOTIV NAKLIYAT VE INSAAT TIC. LTD. STI. will be referred to as B2CAR. The RENTER declares and commits to using the vehicle in compliance with the conditions specified in this agreement (rental period, return station, etc.), making rental payments, and accepting the general terms and conditions of the rental. By signing the contract, the RENTER acknowledges and accepts all obligations related to themselves and arising from themselves. All notifications made to the address declared by the RENTER in the contract shall be considered valid.
1- The RENTER shall return the vehicle, spare tire, all tires, vehicle-related documents, accessories, and equipment to the B2CAR station located in the city where the vehicle was rented or at another location specified in the contract, on the designated day, just as they received it. For all extensions, the RENTER will apply to B2CAR for approval. Extensions made without approval are accepted by the parties as the RENTER unlawfully retains the vehicle. If the RENTER requests additional services such as a navigation device, baby seat, snow chains, etc., for the rented vehicle, they are obligated to pay the additional fee.
2- The vehicle shall not be used in the following ways:
a) For the transportation of passengers or goods in exchange for direct or indirect remuneration,
b) To push or tow any other vehicle or trailer,
c) For the transportation of substances in violation of customs regulations and other laws, or for any other illegal activities,
d) By an individual who has consumed alcohol or narcotics or by a driver not specified as an additional driver,
e) In motor sports, including racing, speed tests, rallies, endurance trials, and speed trials,
f) In a manner that may damage the vehicle or exceed the loading capacity by carrying excessive weight or cargo,
g) In locations and conditions that are not suitable for the purpose of renting, considering the make and model of the vehicle, such as off-road, rough terrain, sand, swamps, riverbeds, etc., and on roads that are not suitable for their technical structures and tolerance capacities, in short, under abnormal and traffic conditions.
3- Vehicle Usage:
a) The vehicle shall be operated by the RENTER and/or any additional driver specified in the contract who holds a valid driver's license for a minimum of 2, 3, or more years, depending on the condition of the vehicle. Depending on the driver's license status (e.g., probationary or similar), B2CAR may collect additional insurance fees and/or security deposit fees from the RENTER. The RENTER acknowledges and agrees to this condition. In the event of the cancellation of the probationary status of the RENTER and/or additional driver, the driver is immediately obligated to return the vehicle. Otherwise, they will be held responsible for any legal and administrative sanctions and/or damages that may arise.
b) The driver must have reached the minimum age as specified in the General Rental Information and Conditions.
c) The vehicle can also be driven by individuals (additional drivers/drivers) who meet the conditions regarding the driver described in clauses (a) and (b), and whose names are registered on the contract by the RENTER at the beginning of the rental.
d) The RENTER is entirely responsible for ensuring that the person to whom they grant the authority to use the rented vehicle fully complies with all the conditions of this contract. Otherwise, the RENTER will be held entirely responsible for any consequences that may arise.
e) B2CAR maintains a 100% smoke-free fleet, and the use of all tobacco products (pipes, cigarettes, cigars, etc.) is prohibited in our vehicles. Upon the determination of tobacco product usage in the rented vehicle upon return (pipes, cigarettes, cigars, etc.), an additional cleaning fee will be charged to the RENTER.
4- The rental period is a minimum of 24 hours, and for rentals shorter than this duration, the rental fee will be calculated as 1 (one) day. The RENTER is obligated to pay the rental fee in cash and in full. Additionally, the RENTER is responsible for the following, in addition to the rental fee:
a) Delays up to 2 (two) hours are free of charge; however, for delays exceeding two hours, the RENTER agrees to pay the rental fee for 1 day. This includes possible additional services (winter tires, navigation, child seat, additional driver, protection packages, etc.).
b) The RENTER is obligated to pay, in addition to the rental fee, for the optional items accepted by signing, including Mini Damage Waiver, Deductible-Free Damage Waiver, Comprehensive/Premium Damage Waiver, Vehicle Theft Protection (TP), Optional Financial Responsibility (IMM), Personal Accident Insurance (PAI), mini damage insurance (MI), compulsory financial liability insurance (ZMM), policy packages offered by B2CAR, the one-way fee that may arise at the end of the rental, and legally applied taxes. Additionally, the RENTER is responsible for paying the fuel costs, along with a service charge of at least 30%, if the vehicle is returned with a fuel level lower than when received.
c) If the RENTER chooses the waived liability guarantee package and pays the fee, the RENTER, in the event of an accident during the rental period, is obligated to pay the amount within the deductible determined by B2CAR for the damage and loss incurred in the accident, provided that the RENTER submits the required documents (accident report, alcohol report, etc.) in full accordance with the contract and legal regulations to B2CAR. Amounts exceeding this limit will be evaluated by B2CAR within the framework of the general insurance conditions, including the content and limits of B2CAR's policy. In the case where the RENTER chooses the Deductible-Free Damage Waiver Package, the RENTER will not make payments for amounts below the limit determined by B2CAR, provided that the RENTER creates a written declaration to B2CAR in a correct and complete manner without the need for a report, for damage amounts falling below the specified amount in the deductible-free damage waiver package. If the RENTER chooses the Comprehensive/Premium Damage Waiver Package and pays the fee, for damage amounts below the specific amount determined by B2CAR, the RENTER will not make payments, without the need for a report, provided that the RENTER creates a written declaration to B2CAR in a correct and complete manner within the framework of the relevant damage guarantee package. If there are issues not covered by the policies and/or not accepted according to general insurance conditions (for example, if the RENTER drives the vehicle under the influence of alcohol or drugs, does not provide accident reports and records, fails to provide an alcohol report, damages to vehicle interiors, user-related malfunctions, etc.), the entire amount of the damage will be paid by the RENTER.
d) If the RENTER is involved in an accident and does not accept the Collision Damage Waiver (CDW), the RENTER is responsible for the amount, except in cases where the RENTER is penalized for alcohol, drugs, or other reasons (failure to comply with general traffic rules). In the event of an accident, B2CAR gains the right to demand payment from the RENTER for the repair costs of the damage incurred due to the accident, along with compensation for all expenses. At the beginning of the rental, a pre-authorization equivalent to the approximate amount of the rental is reflected on the RENTER's credit card. The RENTER agrees in advance that they will not contest charges made through the pre-authorization for the rental fee, damage, and loss collections.
e) If the vehicle rented by the RENTER is stolen during the rental period, the RENTER is obligated to pay the current purchase cost of the vehicle or equipment according to updated market prices.
f) The following issues are not covered by insurance and are not reimbursed by the insurance. Therefore, these matters must be covered by the RENTER:
Theft of hubcaps and spare tire without an associated accident
Damage to documents, license plates, fire extinguisher, and equipment
Loss of the vehicle key and/or damage to the vehicle key due to usage
Any damage to the vehicle not covered by insurance
g) In the event of vehicle theft, general comprehensive insurance rules apply. In cases where insurance companies do not categorize theft as theft-like or situations not considered theft by insurance companies, not covered by comprehensive coverage, and cases where insurance companies do not make payments, the RENTER accepts in advance to pay the vehicle's value and other damages.
h) B2CAR cannot be held responsible for the compensation of items stolen or worn out from inside the vehicle.
i) The RENTER is obligated to pay for damages that are not covered by the Compulsory Traffic Insurance provided to third parties. However, if the RENTER pays the premium for the Optional Financial Liability (IMM) guarantee mentioned in this rental agreement, the RENTER is exempt from the specified amount in the IMM policy for the rented vehicle, in accordance with the General Conditions of Insurance of the Association of Turkish Insurance and Reinsurance Companies.
j) The RENTER is exempt from the amount covered by the Individual Accident Insurance, the premium of which was paid at the time of the rental agreement. The RENTER is exclusively responsible for amounts exceeding this coverage.
5- The RENTER acknowledges receiving the aforementioned vehicle in both mechanical and bodywork conditions, considering it to be sound and in good condition, with no damage or signs of accidents. Beyond what is specified in the rental agreement and the vehicle delivery form, the RENTER agrees to pay promptly for all damages, penalties, and claims, including but not limited to mechanical, electrical, and other damages, as well as any claims from third parties, arising from the RENTER's misuse or negligence in the use of the vehicle, which cannot be claimed or collected from insurance companies under traffic insurance rules. This includes, for example, damages resulting from improper gear shifting causing transmission failure, continued use of the vehicle despite warning lights, damages resulting from hitting the underside of the vehicle, and harm to accessories such as tires and rims, as well as driving under the influence of alcohol, etc.
6- The RENTER will regularly inspect the vehicle from the date of receipt until the return date to ensure that maintenance is carried out regularly. If necessary, the RENTER will deliver the vehicle to the office where it was received for maintenance. Otherwise, the RENTER will be responsible for any damages that may arise.
7- The vehicle used by the RENTER is protected by traffic insurance conditions. If the RENTER wishes to provide theft, damage, Optional Financial Liability, and personal accident coverage to himself, third parties, and the rented vehicle, he has the right to benefit from these coverage by separately and additionally paying the premium amounts at the time of signing the rental agreement. Otherwise, all administrative, penal, and legal responsibilities (compensations, penalties, etc.) will be solely the responsibility of the RENTER. However, the RENTER is obligated to pay for the damages resulting from impacts on the upper parts of the vehicle or the bodywork (caused by bridges, balconies, branches, or any object), even if he has accepted traffic insurance and damage coverage. The RENTER agrees to cover the liability for damages and related expenses in the event of damage to the vehicle under the following conditions, without objection, despite accepting the damage waiver coverage (theft, damage, Optional Financial Liability Coverage, and Personal Accident Insurance).
a) If under the influence of alcohol and/or drugs at the time of the accident
b) When the accident occurs due to exceeding the legal speed limit (as specified in the accident report),
c) In intentional accidents, where the traffic accident report is not prepared and the alcohol report is not obtained,
d) When the vehicle is used in violation of traffic laws,
e) In accidents and/or damages resulting from individuals other than the RENTER and the driver/drivers designated as additional drivers in the rental agreement using the vehicle,
f) In cases where the insurance amount is not paid according to the general conditions of the Turkey Insurance and Reinsurance Companies Association's comprehensive insurance policies and/or when insurance companies do not make payments for any reason.
8- RENTER and other authorized drivers (additional drivers) must take the following measures in the event of an accident during the rental period to protect the interests of B2CAR's insurance company:
a) Obtain the names and addresses of the relevant individuals and witnesses.
b) In bilateral accidents, obtain a photocopy of the driver's licenses, licenses, and traffic insurance policies of the party/parties involved. In cases where photocopying is not possible, obtain information such as the driver's license number, issuing city, traffic insurance policy numbers, and the name of the insurance company.
c) Do not admit responsibility or guilt.
d) Do not abandon the vehicle without taking sufficient security measures.
e) In the event of an accident resulting in material, fatal, and bodily injury, immediately report the situation to the nearest police officers or relevant authorities.
f) Submit the accident report and related records and reports to the relevant office or the nearest B2CAR office within 24 hours.
9- B2CAR cannot be held responsible in any way for the loss of any item carried or left in the vehicle by the RENTER. The RENTER shall indemnify the lessor against any claim, accusation, complaint, or damage that may arise as a result of such loss or damage.
10- During periods when the vehicle is not in use by the RENTER, the RENTER is obligated to take necessary precautions to prevent potential accidents or theft and to lock the vehicle's doors. In the event of the theft of the vehicle, the RENTER will be exempt from liability if they return the vehicle's registration and keys, prove that they have taken the necessary precautions, and report the incident to the relevant law enforcement authorities. They will then be eligible for Theft Protection (TP).
11- Damage to third parties and passengers inside the vehicle, including medical expenses, is limited to the compulsory traffic insurance limits of the vehicle. Any responsibility and obligations exceeding the policy limits, including material and moral damages, are the responsibility of the RENTER.
12- B2CAR cannot be held responsible in any way for losses resulting from mechanical or manufacturing defects in the vehicle or its spare parts, as it does not manufacture the vehicle.
13- RENTER agrees not to use the vehicle(s) delivered for purposes other than the designated use stated in the registration and traffic documents, including but not limited to carrying cargo or passengers for commercial gain. RENTER acknowledges that the vehicle(s) is provided for use within the scope of this Agreement and for the designated purpose specified herein. Furthermore, RENTER acknowledges that any deviation from the stated purpose shall result in exclusive responsibility and risk under all relevant legal regulations, including the Highway Traffic Law and the Road Transport Law. RENTER agrees that any administrative, judicial, or criminal sanctions, as well as liabilities and damages incurred by B2CAR for any reason, may be immediately reclaimed from RENTER, along with all associated costs and losses.
14- RENTER undertakes not to sublease the rented vehicles to any individual or organization under any circumstances. RENTER agrees and commits not to use or sell the vehicles to any person whose name is not specified in the Rental Agreement and General Terms and Conditions, regardless of the reason or conditions. In the event of any such deviation, the damage guarantees of B2CAR will not be applicable, and all damages and losses will be borne by RENTER. Additionally, if it is determined that the vehicle is subleased to another person or used by another person, B2CAR reserves the right to claim a penalty fee of three times the rental fee invoiced for the respective vehicle. In the case of an attempt to sell the vehicle to another person or actual sale, B2CAR reserves the right to demand and collect a penalty fee of at least the value of the vehicle as punitive damages. RENTER agrees to meet such requests from B2CAR promptly and in full, in cash, upon the first request.
15- Any loss of income on days when the vehicle is not used due to the RENTER's actions, or when the vehicle is immobilized and cannot be used, all parking expenses if the vehicle is towed to a parking lot, and any legal and administrative fines incurred due to violations or immobilization of the vehicle, as well as any damages and expenses arising from the vehicle being prohibited from traffic, will be borne by the RENTER. B2CAR will handle the necessary procedures for the retrieval of the vehicle from the parking lot, and the RENTER will be responsible for covering any associated expenses. B2CAR will invoice these amounts to the RENTER as a service fee, along with the rental fee. The RENTER acknowledges and undertakes to cover all damages incurred and to be incurred by B2CAR during the rental period.
16- The RENTER cannot take the vehicles outside the borders of Turkey. Otherwise, all past and future damages will be covered by the RENTER. If the vehicle is taken abroad without the approval of B2CAR and is not returned when requested, the cost of the vehicle will also be covered by the RENTER.
17- If the RENTER transports goods or passengers, B2CAR cannot be held responsible for any damages to the transported goods or passengers; the responsibility solely belongs to the RENTER and/or the driver. If the RENTER conducts such transportation unlawfully, any administrative and legal penalties directed at B2CAR will be invoiced to the RENTER. Additionally, in cases where the vehicle is decided to be taken out of traffic, the rental fee will be applied for the duration of the vehicle's suspension from traffic. All related additional expenses will be borne by the RENTER, and B2CAR will invoice the RENTER for any past and future damages.
18- The RENTER is provided with bridge, highway, etc., passage systems such as OGS, HGS, etc. The fees for these passages will be collected from the RENTER as the passage fee + VAT (20%).
19- B2CAR accepts and undertakes to pay the amounts stated on the traffic fine reports issued for the relevant vehicle by reflecting them to the RENTER. The RENTER will not request any fee reductions, such as early payment discounts, regarding these fines. B2CAR reserves the right to charge a service fee related to traffic fines.
20- The choice of fuel brand used in the vehicles is at the RENTER's discretion, and any expenses arising from fuel-related errors will be covered by the RENTER. Regarding the resolution of damages caused by fuel-related issues, the RENTER will be responsible and in contact with the oil companies. While the RENTER has the right to choose the fuel brand for the vehicles covered by the contract, any expenses incurred due to the use of fuel not meeting the quality specified in the vehicle manuals will be separately invoiced to the RENTER.
21- If the RENTER fails to comply with any provision of this agreement, especially if the vehicle is not returned on the agreed-upon date, the RENTER grants B2CAR the immediate right to reclaim the specified vehicle wherever it may be and without the need for prior notice. The RENTER is obligated to pay for any damage and expenses that may occur during the repossession of the vehicle by B2CAR. In the event of early return of the vehicle before the specified date in the contract after the commencement of the rental, any discounts applied will be canceled. The rental fee for the period of use will be recalculated based on the current daily rental rate of the vehicle. The recalculated rental fee will be offset against the amount already paid, and if there is any excess, it will be refunded to the RENTER. Except for this, no refund will be made to the RENTER in any way.
22- B2CAR reserves the right to terminate the rental agreement and this contract without providing any reason. In the event of such termination, the RENTER agrees not to make any claims against B2CAR under any pretext. The RENTER acknowledges and commits to promptly return the vehicle to B2CAR following the termination. Otherwise, the rental fee will continue to be charged for each day the vehicle is not returned. If the vehicle is not returned within 3 days after the termination notice, B2CAR will report the RENTER to the authorities for the potential occurrence of the crime of misappropriation within the scope of the Turkish Penal Code.
23- The RENTER will make payments using a credit card or voucher. Additionally, for RENTERS with an open account, payments will be made within the specified periods against an invoice. In case of non-payment of the rental fee, other charges within the contract, and legal payments, the RENTER agrees, declares, and undertakes to pay default interest from the invoice date at twice the Central Bank of the Republic of Turkey (CBRT) advance interest rate without the need for any notice or warning.
24- Vehicle usage mileage limits are restricted to 500 km daily and 4000 km monthly for economic and mid-range vehicles, while for upper and Premium group vehicles, the limits are 400 km daily and 3000 km monthly. If the monthly mileage limits are reached during the rental period, the contract will automatically terminate without any notice or warning. The RENTER agrees, declares, and undertakes in advance to return the vehicle to B2CAR immediately if the monthly mileage limits are reached before the specified duration in the contract. The RENTER also agrees to pay all rental fees applicable until the end of the specified rental period. This provision considers 1 month as 30 days. For each kilometer exceeding the limit during the period between reaching the limit and returning the vehicle to B2CAR, the RENTER will pay an excess mileage fee of 2.5 TL + VAT per kilometer. The RENTER also agrees to cover any maintenance expenses incurred due to excess mileage.
25- The RENTER acknowledges that, upon the expiration of the contract period, the contract is deemed terminated without any need for notice. Furthermore, the RENTER recognizes that failure to return the vehicle after the contract's termination, using the vehicle outside the rental period by anyone other than the RENTER or the specified Additional Driver, or driving the vehicle unlawfully, constitutes a criminal offense under penal law. The RENTER understands that, in such cases, they will not benefit from any insurance coverage, guarantees, or legal rights regarding damages and liabilities. No additional notification will be provided for these matters.
26- The RENTER agrees and undertakes that if they return the vehicle before the agreed-upon date stipulated in the contract, no refund for the last 3 days remaining until the specified return date will be provided by B2CAR.
27- RENTER acknowledges and declares that invoices related to services and goods purchases, and other transactions carried out with existing brands within the structure of BADAY OTOMOTİV NAKLİYAT VE İNŞAAT TİC. LTD. ŞTİ. and future brands that may be included, will only be electronically generated in accordance with the Tax Procedure Law and sent to the e-mail address provided by the RENTER. Unless expressly agreed otherwise in writing, no paper invoice will be separately delivered to the RENTER. The RENTER is solely responsible for the accuracy of the provided e-mail address. In case of incorrect reporting of the e-mail address, being out of use, etc., if the invoice cannot be delivered, the RENTER acknowledges that they will not make any claims against B2CAR, and B2CAR will not have any responsibility in such cases.
28- If not in writing, any modification or addition to these terms and conditions is invalid.
29- RENTER acknowledges, declares, and undertakes that BADAY OTOMOTİV NAKLİYAT VE İNŞAAT TİC. LTD. ŞTİ. is authorized to obtain a precautionary attachment or interim injunction order against RENTER without the need for providing security in case of non-payment of the rental fee.
30- RENTER acknowledges and agrees in advance to the deduction of all contractual and legal payments arising from the lease from the credit card presented at the beginning of the rental.
31- RENTER expressly acknowledges that B2CAR's ledger entries and documents are valid and sufficient legal evidence in accordance with HMK Article 193.
32- The Istanbul Anatolian Courts and Enforcement Offices are authorized to resolve disputes arising from this contract.
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ELECTRONIC DATA COMMUNICATION CONSENT I hereby acknowledge and declare that I wish to be informed about opportunities, promotions, and notifications; to receive informational and campaign messages through various channels such as SMS, e-mail, phone, and mail; and to give consent for the sharing of my contact information with existing brands within BADAY OTOMOTIV NAK. VE INŞ. LTD. ŞTİ., as well as brands that may join in the future, and with companies you are currently collaborating with or may collaborate with in the future.
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PERSONAL DATA PROTECTION
As B2CAR, in order to comply with the Personal Data Protection legislation and to carry out our operations for providing services and improving our services, we are required to obtain your explicit consent for the processing and transfer of your personal data, except for the exceptions allowed by the legislation. Your personal data is collected through automatic or non-automatic means within the scope of the performance of our contractual relationship or other reasons foreseen by the laws for the operation and improvement of our services. B2CAR processes your personal data for purposes such as providing services related to vehicle sales and leasing, service maintenance, reservation processes, fulfillment of leases, sending announcements/celebrations and other contents, sending gifts and messages, increasing company recognition, providing general or personalized advertising, announcements, campaign information, conducting customer surveys within the framework of our loyalty program, managing customer satisfaction or complaints, and providing better service or feedback to customers.
Your personal data is processed for the performance of the contract, data security, compliance with the group policies of the company to which our company is affiliated, and other purposes mentioned above. It is transferred to companies within the group to which our company is affiliated, including those in EU countries, and shared with the institutions and organizations where the approval will be obtained, official institutions, authorized representatives, insurance companies, information technology service providers, call center service providers, transportation and cargo companies used as intermediaries for shipping and cargo delivery, and all third parties we benefit from or collaborate with, in the same way, for the purposes of performing the contract and providing services. If you require more detailed information, you can contact our company in writing or in person.
Within the framework of the Personal Data Protection legislation, you have the right to learn whether your personal data is being processed, request information if your personal data has been processed, learn the purpose of the processing, and whether it is used in accordance with these purposes. You also have the right to know the third parties to whom your personal data is transferred domestically or internationally. If your personal data is incomplete or inaccurately processed, you have the right to request correction. In cases where the reasons requiring processing cease to exist, you have the right to request the deletion, destruction, or anonymization of your data. In such cases or in the case of correction, you may request that these actions be notified to third parties to whom the data has been transferred.
If you believe that a result against you has occurred due to the analysis of processed data solely through automated systems, you have the right to object. If you suffer damage due to the unlawful processing of your data, you have the right to request the compensation of this damage.
We would like to remind you of your rights. Except for cases where the processing and transfer of your personal data is required for the performance of the contract as required by law, with your consent provided in this approval, your personal data will be processed within the scope of the information specified above and will be transferred to third parties domestically or internationally.
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Additional Driver - 1
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Additional Driver - 2
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Additional Driver - 3
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