This Distance Car Rental Agreement has been established between GETİR ARAÇ DİJİTAL ULAŞIM ÇÖZÜMLERİ TİCARET A.Ş., which operates in the address of Etiler Mah. Tanburi Ali Efendi Sk. Maya Res. T Blok No: 13/334/ Beşiktaş , İstanbul on one side and the real person who accepts this Agreement on the other side.

In this Agreement, GetirDrive and the Member shall be referred to separately as Parties and jointly as Parties.

 

 

GETİR ARAÇ DİJİTAL ULAŞIM ÇÖZÜMLERİ TİCARET A.Ş.

By registering in the system created by GetirDrive under the terms of this Agreement, this refers to the natural persons who rent, use and accept the GetirDrive Membership Agreement

Refers to this Distance Rental Agreement

Within the scope of this Agreement, the motor vehicle(s) rented/to be rented by MEMBER

Refers to the fee that the MEMBER will pay calculated by the vehicle tracking system by the GetirDrive on the basis of minutes and kilometers.

Refers to the price list published in the GetirDrive mobile application, including the minute, daily and distance fee determined by GetirDrive.

Prepaid usage packages providing discount benefit for the period / km specified in the Mobile Application,

Refers to the zone whose boundaries are determined within the mobile application and the service is provided and terminated.

Refers to any information about a particular or identifiable natural person (including private personal data) in accordance with the Law on Protection of Personal Data Code No:6698 and any legislation in force,

Refers to GetirDrive Android ve iPhone mobile application,

Rental period of vehicle(s),

A rental request made in advance by the MEMBER via the Mobile Application for a vehicle they plan to rent within a specified date and time range. This feature is offered to cover daily rental options.

Refers to the service fee that the MEMBER will pay in the event that the vehicle is damaged and the MEMBER's fault or negligence is found in this damage. The fee will be collected from the MEMBER as the usage of the insurance coverage service within the framework of Article 8 of the Contract and calculated over the maximum Damage Management Service Fee specified in the Mobile Application on the rental date.

Valet Service: Except in exceptional circumstances, the Valet Service is a service provided to deliver the vehicle rented by the MEMBER to the location marked through the mobile application.

 

7.2.The vehicle may not be used/used by anyone other than the MEMBER who performs this rental. Other than the MEMBER who makes the leasing transaction, other persons who have the title of GetirDrive as MEMBER shall not be entitled to use the vehicle within the scope of the above perovision. In the event that the vehicle is used/used by someone other than the MEMBER who makes the lease, all provisions regarding the insurance and guarantees in this Agreement shall be invalid. In this case, the MEMBER performing the leasing shall be responsible for all damages/breakdowns/harms incurred (including but not limited to) during the leasing process. The MEMBER shall be solely responsible for all damages and penalties arising from the use of the vehicle to another person. GetirDrive reserves the right to recourse to the MEMBER regarding the fees that GetirDrive will have to pay. GetirDrive reserves the right to collect these fees from the credit card registered in the system and the MEMBER accepts this as cash.

 

7.3.The MEMBER agrees to visually inspect the vehicle for possible damage to the interior and exterior of the vehicle is received and to check the availability of official documents and key, the MEMBER is obliged to upload the relevant images to the Mobile Application or to inform GetirDrive immediately with the help of the call centre. Unless otherwise stated to the GetirDrive by the MEMBER as a result of the checks carried out, the Vehicle shall be deemed to have been delivered to the MEMBER by GetirDrive with all its tires, key, documents, accessories, ashtray, equipment for starting the vehicle and the toolboxes. In this case, The MEMBER accepts that the vehicle is received in a solid and good condition in terms of bodywork and mechanics and that there is no visible sign of accident or damage in the Vehicle by approving through Mobile Application at the beginning of the Lease. The MEMBER shall be held responsible for any information given or incomplete regarding any damages/deficiencies that are visible, detectable and non-confidential in normal circumstances within the scope of the inspection carried out by the MEMBER before using the vehicle.This Aggrement does not include any commitment from GetirAraç that there are no minor defects in the vehicle to be rented. For this and other reasons, the MEMBER cannot claim any rights or receivables from GetirAraç under any title.

 

7.4.The MEMBER agrees and undertakes to comply with the issues written in the vehicle owner’s manual prepared by the vehicle manufacturer, to pay due attention to the use of the vehicle and to keep the vehicle in good condition.

 

7.5.The MEMBER agrees to use the vehicle within the limits specified in the Mobile Application and to terminate the lease in accordance with the Highways Traffic Law and all related legal provisions. When exceeding the specified limits, all responsibility belongs to the MEMBER and the MEMBER accepts and undertakes that he/she is liable for any damages incurred. In addition, the MEMBER shall not use the vehicle in the manner described below or in any way contrary to the law, otherwise, he/she shall be liable for the fine and all costs and damages incurred.
a) Transport of substances contrary to customs legislation and other laws,
b) In illegal activities,
c) Pushing or pulling any means, etc.,
d) Transport of passengers or goods for commercial purposes,
e) Transport of personal cargo/goods which may damage the vehicle and exceed the loading limit,
f) Use of the vehicle under the influence of illegal drugs or alcohol or without driving license or use by the third party(s) other than the MEMBER,
g) The participation of the vehicle in bets and races, motor sports and trainings (including but not limited to race, rally, speed trials etc.),
h) The place and conditions (sand or mountainous terrain, stream bed, swamp, etc.) that are not suitable for the brand and model of the vehicle and the places and roads that are not suitable for the technical structure and endurance of the vehicle,
i) Unusual and unsuitable road conditions,
j) Transportation in and on land, sea, river and air outside of the highway except for with the licensed transportation such as ferry, ships and trains,
k) Animal transportation,
l) Damages caused by the contact of cigarette-like substances.

 

7.6.All vehicle parking, HGS, OGS, motorway, bridge etc. tolls and traffic fines, interest and annexes belong to the MEMBER and will be paid by the MEMBER. Even if the lease period expires, the MEMBER is responsible for all kinds of penalties arranged within the lease period. The MEMBER agrees to pay the penalty, even if the receipt is written on the license plate number without the name and signature. The ticket receipts to the MEMBER regarding the OGS, HGS, motorway, bridge, etc. transit and parking fees and traffic fines to be issued to the vehicle within the lease period shall be paid by GetirDrive, and the amount paid, if any, shall be collected from the MEMBER by adding the delay interest and annexes and service fee. Even if these terms and conditions have expired, the MEMBER is responsible for these amounts. MEMBER cannot demand the appeal of the traffic expenses such as OGS, HGS, highway, bridge, etc. and traffic fines by GetirDrive, and cannot refrain from paying the penalty amount because GetirDrive does not object to the penalties and cannot make any request from GetirDrive. In addition, GetirDrive is authorized to deduct the tolls, traffic fines, interest and annexes and service fees from the MEMBER’s credit card without waiting for the end of the lease period and without any permission and notification. This authorization of GetirDrive is not limited to the term of the Agreement and GetirDrive is authorized to collect car parking, OGS, HGS, motorway, bridge etc. tolls, traffic fines, interest and annexes and service fees, even if the Agreement is finalized, by deducting it from the MEMBER’s credit card without the need of any permission, provision and notification. MEMBER accepts this authorization of GetirDrive in advance.

 

7.7.The MEMBER is obliged to return the vehicle to GetirDrive within the Service zone. GetirDrive transmits to the MEMBERS the Service Zone Mobile Application regarding the area in which the rented vehicle will be received and returned. GetirDrive reserves the right to unilaterally terminate these general conditions without any notice or provision and to take legal action in case of suspicion of abuse of trust. In the event that the vehicle is not returned within the Service Zone or the rental transaction is terminated by GetirDrive with reasonable suspicion, all expenses (towing service, fuel, transit fees, etc.) and all kinds of damages shall be borne by the MEMBER until the vehicle is returned to the service zone.

 

7.8.MEMBER agrees and undertakes that no changes will be made to the vehicle without the written permission of GetirDrive. Otherwise, the MEMBER is responsible for the costs of reinstatement and the damages incurred by the vehicle.

 

7.9.The MEMBER undertakes not to interfere in any way with the GPS, etc. systems placed in the vehicle for security reasons, to change the settings of the device, to remove the device from the vehicle or to cut the cables. Such acts can be identified by GetirDrive and in case of suspicion of abuse of trust (at the discretion of GetirDrive), GetirDrive is entitled to unilaterally terminate these general conditions without any notice, caution or provision and take legal action.

 

7.10.The MEMBER is obliged to ensure that the vehicle is always located above the 1/4 (quarter) tank with the appropriate fuel and that it is returned at the time of return with less than 1/4 (quarter) tank. Otherwise, GetirDrive reserves the right to collect the expenses incurred by GetirDrive from the MEMBER under the name of the service fee specified in the Mobile Application.

 

7.11.Smoking in the vehicle will be considered as a violation of the Agreement and the MEMBER is obliged to ensure that the interior and exterior of the vehicle are left clean and tidy. Similarly, in case of transporting pets in the Vehicle, the leased Vehicle must be left in a way that does not prevent the use of other MEMBERS (clean, free of hair, etc.). Otherwise, the MEMBER is obliged to pay GetirDrive the cleaning costs and other expenses that may occur due to the pollution that will occur in the vehicle specified in the Mobile Application.

 

7.12.The MEMBER agrees and undertakes to pay all damages and losses including any mechanical and electrical, caused by the usage error and/or carelessness, imprudence, etc. (transmission failure caused by incorrect gear shifting, damage caused by hitting the bottom of the vehicle, damage caused by the continued use of the vehicle despite the warning light coming on, damage to parts such as tires and wheels, damages and malfunctions caused by fuel, clutch set replacement, including but not limited to), occurring in the vehicle which is received by him in a solid and good condition.

 

7.13.If the credit card belonging to the MEMBER defined in the Mobile Application by the MEMBER is deleted by the MEMBER during the leasing process or, if it is determined by the GetirDrive that the ability of the credit card to meet the rental cost is removed the MEMBER gives the authority to GetirDrive to take back the vehicle immediately without the need for pre-warning, permission or provision, and to confiscate and finish the lease process. The MEMBER agrees and declares that the MEMBER will not make any request from GetirDrive under any name due to the termination of the lease of the vehicle.

 

7.14.Upon receipt by the MEMBER By the MEMBER and/or by the third party for violating the law with the vehicle, or the vehicle is involved in any offence due to reasons of the MEMBER’s fault or for any reason for which the MEMBER is responsible by the authorities in case of precautionary measures and/or delivery of the trustee and/or to GetirDrive, the lease relationship terminates automatically without any notice, caution or provision. In this case, the MEMBER agrees and undertakes that he/she will pay GetirDrive for all losses, even if the leasing relationship is terminated or the Agreement is terminated, together with all the direct and/or indirect damages to be incurred for any reason without limitation to tow, transportation, parking, delivery, penalty, tax, fees, with the current rent value of the vehicle that will be formed as long as the measure continues. In addition, in the event that the vehicle is seized/confiscated by the authorities, the MEMBER is obliged to pay the fair value of the vehicle on the date of seizure/confiscation to GetirDrive immediately. In the case the vehicle cannot be sold due to the measures put on the vehicle by the official authorities, the MEMBER is responsible for the collateral, bank guarantee letter or cash blockage expenses and any other expenses that should be given to the authorities to remove the measure. GetirDrive reserves the right to unilaterally terminate this Agreement in the event of any of the circumstances.

 

7.15.All costs arising from the use of the vehicle by the MEMBER such as parking, HGS, OGS, motorway, bridge etc. and traffic fines, interest and annexes belong to the MEMBER and will be paid by the MEMBER. Even if the lease period expires, the MEMBER is responsible for any penalties arising from the use of the MEMBER during the lease period. Even if the penalty receipt is written on the license plate number without the name and signature, it agrees to pay the current penalty if the vehicle concerned has been allocated to the MEMBER during the period of the penalty. Criminal receipts to GetirDrive regarding OGS/HGS, bridges, motorway crossing and parking expenses and traffic fines to be arranged during the period when the leased vehicles are in use of the MEMBER will be paid by GetirDrive within the legal payment period and receipt will be sent to the MEMBER. In return for payment receipts, the MEMBER shall pay the payment to GetirDrive no later than 5 (five) days from the date of receipt of payment receipts. Otherwise, the MEMBER agrees and undertakes to pay these amounts along with the default interest calculated at the rate of advance interest ratio by The Turkish Republic Central Bank. The MEMBER cannot demand the appeal of the OGS/HGS, bridge, highway and parking fees and traffic fines by GetirDrive, and cannot refrain from paying such amounts due to non-appeal by GetirDrive. In addition, GetirDrive is authorized to deduct the parking, OGS, HGS, highway, bridge etc. tolls, traffic fines and interest and annexes and service fees from the MEMBER without waiting for the end of the lease period.

 

7.16.GetirDrive may, at its sole discretion, apply different pricing in designated service zones. The service zone where the Customer returns the vehicle may be subject to a discount or additional fee. GetirDrive reserves the right to unilaterally determine, modify, or remove the boundaries of designated service zones as well as the applicable discount or additional fee rates. Location-based price differences for service zones can be identified on the map within the mobile application. In cases where the pricing in designated service zones overlaps with promotional offers, the promotional discount will be applied first, followed by the pricing adjustment for the designated service zone.

 

 

8.1.The Motor Vehicle Financial Liability Insurance of the vehicles rented/will be rented under this Agreement, Discretionary Liability and Personal Accident Insurance, which includes limits and guarantees to be determined by the GetirDrive, Catastrophic Casco Insurance including Earthquake/(Strike, Lockout, Chaos, Public Movements, Malicious Movements, Terror)/Flood/Flooding guarantees will be made by the GetirDrive. In case the rented Vehicle is damaged / involved in an accident, the MEMBER is obliged to pay the amount up to the Damage Management Service Fee specified in the below within the scope of the damage management operations. This cost has been determined as a maximum and the determination of the amount may vary depending on the size of the damage. GetirDrive is authorized to determine this price. In the event that the MEMBER does not have any fault in the damage / loss and this situation is understood from the documents in Article 8.4, the Damage Management Service Fee will not be collected from the MEMBER. The MEMBER is responsible for all kinds of damages including to the vehicle due to Earthquake/(Strike, Lockout, Chaos, Public Movements, Malicious Movements, Terror)/Flood/Flooding (cases beyond the coverage and/or limit of the catastrophic insurance policy), against both other motor vehicles and the driver and/or third parties, due to accidents involving the motor vehicles to be rented (traffic, discretionary liability, incidents outside the warranty and/or limits of personal accident insurance policies) to the driver, including pecuniary and non-pecuniary damages that may arise against other motor vehicles and third parties. In the event that GetirDrive compensates for any loss beyond the scope of insurance coverage or above the limits, the MEMBER agrees and undertakes to pay the payment made by GetirDrive along with the default interest calculated at the rate of advance interest ratio by The Turkish Republic Central Bank.

 

 

8.2.GetirDrive, for the repair of damages to the MEMBER rented vehicle; “General Conditions of Motor Vehicle Insurance” “Casco” content, published by Turkey Insurance, Reinsurance and Association of Pension Companies, which is in force at the damage/incident date: Collision of the vehicle with motor or motorless vehicles which can be used on highways or railways, Accidents such as impact of a fixed or moving object to the vehicle resulting from the sudden and external effects against the will of the driver while stationary or driving or impact of the vehicle to such an object, toppling, falling, rolling of the vehicle, etc., Actions in bad faith or joke by third parties and the damages caused by the people not having capacity to act, Burning of the vehicle, Including the risks of theft or attempted theft of the vehicle or its parts, but the exception of the guarantees/circumstances listed in Article A-4 entitled Losses That May Be Included In The Coverage With The Additional Agreement of General Conditions of Land Vehicle Insurance (shortly referred to as “general conditions of comprehensive coverage”) shall apply Damage Repair Assurance in accordance with the general conditions of this comprehensive coverage. Damage Repair Assurance provides coverage of the damages and losses caused by the vehicle within the limits and the scope of the guarantee determined in the general conditions of the comprehensive coverage, published by Turkey Insurance, Reinsurance and Association of Pension Companies, in force as of the date of damage/event, provided that the limit does not exceed the vehicle fair value at the date of damage/event. Damage Repair Assurance limit is within the limits specified in the general conditions of the comprehensive coverage issued by Turkey Insurance, Reinsurance and Association of Pension Companies in force as of the date of damage/event, provided that the vehicle does not exceed the fair value at the date of damage/event, and the list, published by Turkey Insurance, Reinsurance and Association of Pension Companies, is based regarding the fair values. The MEMBER is liable for any damages and compensations outside the scope and/or limits of the general conditions of comprehensive coverage published by Turkey Insurance, Reinsurance and Association of Pension Companies. GetirDrive is authorized to determine whether the damage and loss is within the scope of assurance, and the MEMBER accepts, declares and undertakes that it will not object to this determination. The PARTIES agree on this. GetirDrive is authorized to have, if it wills, an insurance policy against its own risks arising from such damage repair assurance, and the MEMBER cannot request to benefit from this policy and coverage. In the event that the vehicle is used/used by someone other than the MEMBER who makes the lease, all provisions regarding the insurance and guarantees in this Agreement shall be invalid. In this case, the MEMBER performing the leasing shall be responsible for all damages/breakdowns/harms incurred (including but not limited to) during the leasing process.

 

8.3.Provided that it is within the scope of the general conditions of the comprehensive coverage issued by Turkey Insurance, Reinsurance and Association of Pension Companies and which is in effect at the date of the damage/incident, damage repair request can be made by the MEMBER declaration, driver’s license and picture of the rented vehicle which does not exceed the amount specified in the Mobile Application. GetirDrive reserves the right to make changes in these limits. It ıs the MEMBER’s responsibility to copy the key, to recode the alarm and immobilizer, or to change the lock system to ensure the safety of the vehicle due to the loss and theft of the vehicle key. In additon, in case of airbag, radio-tape, wheel cover, antenna, spare wheel, rigging, wiper arm, gasoline tank cap etc. parts are stolen and the damage repair price exceeds the amount specified in the Mobile Application, obtaining and submitting from official institutions is compulsory and such damages shall not be covered by the declaration.

 

8.4.In order for the insurance and Damage Repair Assurance to be valid, only the vehicle in case of unilateral accidents, and in case of accidents involving more than one vehicle, together with the original documents belonging to all vehicles, traffic accident report, alcohol report, driving license, vehicle license, traffic insurance policy, or certified copies of traffic accident report and alcohol report with the photocopies of all other documents shall be delivered to the service requested by GetirDrive in full and completely within two (2) working days from the date of accident. Repair of damaged vehicles will be carried out by GetirDrive with the original or equivalent parts to be determined by GetirDrive. The MEMBER does not have the right to repair the damages in person and the proposals made on this matter shall not be taken into consideration by GetirDrive. In the event that the MEMBER performs damage repair operations without the knowledge of GetirDrive in contravention of this Agreement, GetirDrive reserves the right not to approve the repair done and all expenses incurred to make the vehicle eligible shall be charged to the MEMBER. These reports and documents are necessary to benefit from the insurance and damage repair assurance in all kinds of damages, and if they are not received or not delivered on time, the cost of damage/loss and the rental fees in the time of period for repair will be borne by the MEMBER. In addition, even if reports have been received, the insurance company or GetirDrive does not agree to pay for any reason such as fraudulent reports, the use of alcoholic or unlicensed vehicles, etc. or in cases where insurance or damage repair assurance is outside the scope and limit of the guarantee, the cost of damage/loss and the rental fees in the last time for repair and the rental amount of the vehicle allocated to the MEMBER will be paid by the MEMBER.

 

8.5.Once the vehicle is delivered to the MEMBER, the MEMBER shall take the necessary measures to prevent theft of the vehicle and its parts. The MEMBER is required to return the vehicle’s license and keys in case of theft and submit an official application to the relevant authorities regarding the theft. In case of the vehicle or any parts of the vehicle is stolen during lease, all necessary reports shall be provided by the MEMBER and submitted to GetirDrive. If such reports are not provided by the MEMBER within 2 working days from the date of event for reasons arising from the MEMBER, or if the event arises from the negligence or defect of the MEMBER or is not covered by the general conditions of Turkey Insurance, Reinsurance and Association of Pension Companies’s insurance coverage in force at the time of the event, (without limitation, such as leaving the key on the vehicle and/or delivering the vehicle to the parking lot/washing staff without a receipt/invoice, abuse of confidence etc.) or in the event of theft or similar cases that the insurance companies do not consider theft, the MEMBER shall immediately pay the current purchase price of the vehicle or vehicle parts/equipment to GetirDrive. For the period up to this payment, the MEMBER is obliged to pay the rent amount. In addition, GetirDrive reserves the right to claim damages incurred.

 

8.6.In no event shall GetirDrive be liable for any loss or damage or theft or steal of any goods carried or left in the vehicle by the MEMBER. The MEMBER shall already release the GetirDrive irrevocably from lawsuits, complaints, and damages resulting from such loss, theft or loss.

 

8.7.GetirDrive is not the manufacturer of the vehicle and cannot be held responsible for any damages, losses and damages that may occur due to the production error of the vehicle or its spare parts.

 

8.8.In the event that any material and non-pecuniary damages and expenses arising from the damages caused by the rented vehicles to third parties during the rental period are not covered within the limits and/or collateral of Compulsory Traffic Insurance and Optional Liability Insurance made by GetirDrive, the MEMBER shall be responsible and liable for such compensation and expenses.

 

8.9.The title of “operator” as defined in legislation regarding the vehicles rented under this Agreement belongs to the MEMBER and all debts and liabilities related to “Vehicle Operator Responsibility” defined in the current legislation in force shall be transferred to the MEMBER for the duration of the rental of the vehicles. The MEMBER is solely responsible for all material and moral damages caused by the vehicles to third parties and/or motor vehicles and/or the environment. Therefore, the MEMBER shall indemnify immediately and damages that GetirDrive shall be exposed to without any negligence or intent.

 

8.10.Even if the Agreement is terminated, the MEMBER will continue to be liable for damages caused by the defective action of the MEMBER and/or the USER during the lease period.

 

8.11.GetirDrive shall not be liable for any damages that may occur due to the exclusion of any or all of the vehicles due to negligence or defective action of the MEMBER and/or User.

 

 

9.1.If the rented vehicle is damaged to the extent that it cannot be moved due to an accident, the MEMBER shall prepare the documents specified in Article 8.4 and deliver the vehicle to the directed roadside assistance team. The MEMBER shall not leave the vehicle until the damaged vehicles are delivered to the roadside assistance or tow truck and the rental process shall not be terminated until the vehicle is received by the roadside assistance teams. In the event that the MEMBER does not fulfill its responsibility, all damages to be incurred shall be recourse to the MEMBER.

 

9.2.In case the rented vehicle is stolen, the MEMBER is obliged to prepare the necessary documents specified in Article 8.4 and deliver it to the GetirDrive representatives.

 

9.3.The MEMBER cannot use any text, logo, etc. material to stick, attach, hang, etc. to the vehicles. If failure to use the vehicle in this way is not permitted by the relevant authorities, this shall not constitute a reason for the reduction or non-payment of the rent amount, in which case the MEMBER shall pay the rent. The advertisement and advertising taxes arising from these articles and logos belong to the MEMBER and shall be paid by the MEMBER. During the return of the vehicles, these articles and logos shall be removed by the MEMBER and the vehicles shall be restored and returned as clean. GetirDrive reserves the right to reclaim any and all damages incurred by the MEMBER due to sticking, attaching, hanging and otherwise using the company’s identification letters and logos to the MEMBER.

 

 

10.1.The MEMBER shall return the vehicle, its spare wheel, key, all tires, the documents of the vehicle, accessories, additional products and equipment together with the toolboxes and return it in a complete and undamaged manner within the service area.

 

10.2.The MEMBER shall deliver the vehicle, documents, keys, accessories, additional products and equipment as undamaged and fully received. The MEMBER is responsible for all kinds of damages and deficiencies that occurred during the return of the vehicle, except for the normal use, and the MEMBER is obliged to pay the amount to be determined by GetirDrive. In addition, GetirDrive has the right to inspect the damage and deficiencies in the vehicle after the return date and notify the MEMBER. The MEMBER shall be responsible for any damages and deficiencies that have occurred outside the normal use of the vehicles.

 

10.3.In the event that the MEMBER fails to deliver the vehicle at the end of lease term, the MEMBER shall authorize GetirDrive to immediately recover and seizure the vehicle in question without the need for prior warning, authorization or provision. The MEMBER is liable to pay any damages and expenses incurred during the recovery/seizure of the vehicle by GetirDrive. GetirDrive is not liable for the loss and damage of objects or materials contained in the vehicle during the recovery/seizure of the vehicle. Even if GetirDrive has collected the rent for the delay period, it cannot be interpreted that the lease Agreement is extended or has become indefinite term.

 

10.4.The MEMBER shall manage the return process of the leased Vehicle through the Mobile Application where it has initiated the leasing process. In order to complete the return process, the MEMBER accepts, declares and undertakes that he/she will fully follow all instructions transmitted to him/her through the Mobile Application. The responsibility of the MEMBER continues until the vehicle is delivered to GetirDrive from the place where it was left for return or until it is subject to another lease. For this reason, the MEMBER, within the framework of the instructions given on the Mobile Application during return process, of the leased vehicle, 5 sides (front, back, right, left and interior) with sufficient light level, clear and the whole of the vehicle front must be photographed and uploaded to the system. The MEMBER shall be responsible for the damages to be detected in the Vehicle after the lease process due to the fact that the photographing process has not been performed or the uploaded photographs are not in the above mentioned standards.

 

10.5.The MEMBER shall be deemed to have received the vehicle with the plate number indicated on the button at the moment he/she clicks the “start lease” button in the Mobile Application, and shall also return the vehicle by clicking the “finish the lease” button. The lease period will continue until these transactions are completed and the MEMBER accepts this situation in advance.

 

10.6.The MEMBER is responsible for leaving the vehicle in a suitable condition and place accessible to other customers, ensuring that the photograph of the vehicle’s final location is sufficiently light and clear, that the vehicle’s location is understandable and that its full address is written in detail. Otherwise, GetirDrive is authorized to collect the rent fee loss from the MEMBER due to the failure of other customers to start the leasing.

 

10.7.It is the responsibility of the MEMBER to bear all damages and deficiencies caused by parking the vehicle not in accordance with the Traffic rules.

 

11.1.After the reservation process is completed and the rental fee is paid by the MEMBER, the WDP (Walking Distance Period) starts (15 minutes before the reservation date and time), and the MEMBER can cancel the rental process without any justification by notifying GetirAraç as specified in this Aggrement, within the first six (6) minutes, in accordance with the following rules (a) and (b):

a)If no search has been initiated for the vehicle through the system or valet, or if there are more than 3 (three) hours before the reservation time, the MEMBER may cancel the rental without any justification and free of charge. GetirAraç will refund the full reservation amount within 14 (fourteen) days from the date on which the notification regarding the use of the right of withdrawal is received. After this stage, the reflection of the refund is at the discretion of the respective bank.

b)If the search for the vehicle through the system or valet has been initiated and there are 3 (three) hours or less remaining until the reservation time, the MEMBER can cancel the rental without any justification within the first six (6) minutes after the WDP starts (15 minutes before the reservation date and time). However, a cancellation refund fee of 200 TL will be deducted from the rental fee, and the remaining amount will be refunded to the MEMBER. GetirAraç will refund the remaining rental fee amount, deducting the 200 TL cancellation refund fee, within 14 (fourteen) days from the date on which the notification regarding the use of the right of withdrawal is received. After this stage, the reflection of the refund is at the discretion of the respective bank.

c)If the MEMBER uses the hold mode, they can cancel it free of charge within the first 5 (five) minutes. For cancellations made after the first 5 (five) minutes, the holding fee will not be refunded. If the MEMBER does not rent the vehicle after the hold mode ends or decides not to proceed with the rental, a cancellation fee determined by GetirDrive will be charged. GetirDrive reserves the right to unilaterally modify these fees. .

11.2.The subject of this Aggrement is classified as a "contract related to leisure time services to be carried out on a specific date or period for accommodation, transportation of goods, car rental, catering, or entertainment or recreation purposes," under Article 15/I-g of the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188, which was in force on the date this Aggrement was approved and the Contract was concluded. Therefore, the MEMBER does not have the right of withdrawal starting from the sixth (6th) minute after the WDP starts (15 minutes before the reservation date and time). Due to the lack of a right of withdrawal starting from the sixth (6th) minute after the WDP starts (15 minutes before the reservation date and time), both the rental fee and the 200 TL cancellation refund fee will be collected from the MEMBER's credit cards registered in the GetirAraç mobile application. If the rental fee and cancellation refund fee cannot be collected from the MEMBER's credit cards registered in the GetirAraç mobile application, GetirAraç reserves the right to claim all damages incurred.

11.3.In order to exercise the right of withdrawal, the MEMBER must notify GetirAraç using the contact information specified in this Article, and the scope of the service must not fall within the exceptions to the right of withdrawal as stated in Article 15 of the Regulation on Distance Contracts and this Article.

11.4.By accepting this Aggrement, the MEMBER acknowledges that they have been informed in advance about the right of withdrawal.

 

12.1.This Agreement shall enter into force when the MEMBER initiates the leasing process via the Mobile Application and receives the Vehicle and is valid for 1 hour. Even if this Agreement expires, GetirDrive is authorized to demand the rights and receivables arising from this Agreement from the other MEMBER.

 

12.2.GetirDrive may terminate the Agreement immediately for good cause and without any additional notification if the MEMBER violates the commitments it undertakes in this Agreement. In this case, the MEMBER shall be contacted by e-mail and telephone and shall be informed of the termination of the Agreement. The MEMBER accepts irrevocable notification that duly notification is made in case of notification via contact information specified in the Mobile Application. Upon termination of the Agreement, the MEMBER shall terminate the lease within 15 minutes and shall grant GetirDrive the right to take back and seize immediately, without the need for prior warning, authorization or provision, regardless of where the vehicle is leased. If not in the service area, the MEMBER shall immediately return the Vehicle to the address to be notified by GetirDrive.

 

12.3.In case of termination of this Agreement, the MEMBER is obliged to deliver the vehicle to GetirDrive within 1 hour of receipt of notification of termination In the event that the delivery is not made, the MEMBER shall already accept irrevocable receipt of the GetirDrive by seizing the vehicle in its location without the need for a notice, warning, or judgement. The MEMBER accepts, declares and undertakes that it shall not claim any rights from GetirDrive due to its use of seizure right and that it waives all lawsuits, complaints and other rights.

 

12.4.The parties agree and undertake that all obligations and responsibilities arising from this Agreement shall continue until the date of delivery of the vehicle by the MEMBER of the seizure of GetirDrive.

 

12.5.Whether the vehicle is delivered by the MEMBER or seized by GetirDrive, the MEMBER agrees and undertakes to pay the full lease and distance fees along with the default interest calculated at the rate of advance interest ratio by The Turkish Republic Central Bank regardless of whether the vehicle has been delivered or received. In addition, GetirDrive may demand compensation for the profit to be deprived from the MEMBER for any damage and loss.

 

12.6.Even if the Agreement expires or terminates, the responsibility of the MEMBER regarding the leases made during the Agreement period continues.

 

 

Neither party may transfer or assign this Agreement, its rights, receivables and obligations arising from the Agreement to any other party, except its affiliates or affiliated companies, without the written consent of the other party. The MEMBER may not allocate the vehicle delivered to him for use by any other person, cannot show it as a guarantee, rent it, use the right of lien or any other similar procedure. The car cannot be taken abroad.

 

 

The parties acknowledge that all commercial, professional and Personal Data belonging to the other party to which they shall be confidential and undertake not to disclose such information to third parties during or after the Agreement. This confidentiality undertaking shall survive the expiration or the termination hereof. The parties acknowledge and declare that they will cover all damages incurred by the other party in case of breach of the obligation of confidentiality.

 

 

15.1.GetirDrive accepts and undertakes in advance that it shall protect the Personal Data it has acquired under this Agreement in accordance with all rules and obligations imposed in accordance with the Law on Protection of Personal Data No.6698 and the legislation in force, within this scope, the principles and obligations regarding the protection and processing of any personal data acquired by the MEMBER, and shall be personally liable in case of violation of these.

 

15.2.In this context, GetirDrive, in order to perform the car lease service subject to this Agreement is acquired, processed or shared with third parties and/or organizations that are obliged to share with the personal data of the MEMBER, except in any way without the prior consent of the relevant MEMBER, may not, but is not limited to, process Personal Data, use it for any purpose, or transfer it to third parties.

 

15.3.GetirDrive is obliged to take all necessary technical and administrative measures in order to prevent unlawful processing and access of Personal Data and to ensure the protection of such personal data.

 

15.4.GetirDrive may not disclose the Personal Data that it has learned about MEMBERS to the contrary in accordance with the provisions of the Law on Protection of Personal Data No.6698 and may not use it for the purpose of providing the services specified in this Agreement. This obligation shall continue even if this Agreement expires.

 

15.5.GetirDrive shall immediately notify the MEMBER if the Personal Data of the MEMBER is obtained by others by unlawful means, and shall immediately assist the MEMBER in the technical and administrative measures necessary to prevent any damage or to prevent the growth of the existing damage. In this context, upon the request of the MEMBER within the framework of the application to be made to the Personal Data Protection Board, GetirDrive shall provide in writing with the necessary detailed explanations during the application process.

 

15.6.In case GetirDrive is claimed by a MEMBER as a result of an act contrary to the obligation to protect Personal Data, and/or a MEMBER is claimed to have suffered loss and as a result of this the MEMBER is held liable in case of any loss, GetirDrive accepts and undertakes in advance and irrevocable recourse.

 

15.7.The vehicles provided by GetirDrive within the scope of this Agreement are equipped with devices, such as vehicle tracking system, in order to open the doors of the vehicle with the Mobile Application, to lock, to calculate the distance covered by the vehicle, to provide the service subject to the Agreement and to perform the other operational transactions, that collect and record the personal data of the MEMBER, vehicles are monitored with these systems and vehicle location and km information are recorded. GetirDrive may disclose these records to relevant third parties/institutions for security reasons or when necessary for use in legal judicial/administrative proceedings/investigations.

 

 

Nothing in this Agreement shall indicate an exclusivity relationship between the parties. The parties acknowledge and declare that the MEMBER has the right to provide similar services from third parties.

 

 

The Turkish Law shall be applied to the interpretation of this Agreement and/or to all disputes that may arise between this Agreement and/or between the parties; İstanbul Central Courts and Enforcement Offices are authorized for the settlement of disputes.

 

 

The parties acknowledge, declare and undertake that their written addresses (home, office, e-mail etc.) in this Agreement and Mobile Application are legal notification addresses and that all notifications including e-mail to these addresses will have all legal consequences of the legally valid notification.

 

 

The stamp tax resulting from this Agreement shall be paid by the MEMBER.

 

 

The fact that the parties do not use or delay any right or authority granted in this Agreement does not imply any waiver of such right or authority, and the use of a right or authority alone or in part does not preclude the use of that or any other right or authority.

 

 

If any provision in this Agreement is considered invalid for any reason, or if it is not enforceable, the other provisions of the Agreement shall remain in force.

 

 

All terms and conditions of this Agreement consisting of 21 articles have been read and accepted by the MEMBER. A copy of the Agreement has been sent to the MEMBER via e-mail.