The topic of this Agreement is the provision of the rental vehicle services to be provided to the MEMBER by the GetirDrive during the period of the Agreement, and the terms and conditions of payment of the lease and other fees determined by the GetirDrive in return, and the determination of the mutual rights and obligations of the parties.

 

4.MEMBERSHIP

 

4.1.Membership is completed by performing the registration procedure determined by the GetirDrive in the Mobile Application by the person wishing to become a member. By registering, the MEMBER also accepts the provisions of this Agreement, any declaration to be announced/announced in the Mobile Application regarding the membership and car lease conditions.

 

4.2.The MEMBER declares that the identity or passport which has the Turkish Republic ID number, driver’s license which has the Turkish Republic ID number, address and contact information, is complete and correct, and in case of any change in the information that he/she will update this information immediately through the Mobile Application, and that he/she is solely responsible for any legal disputes and damages that may arise due to missing, outdated or incorrect information. No liability can therefore be attributed to GetirDrive or the Mobile Application. The MEMBER, which is included in the system with the driver's license with no Turkish Republic ID number, agrees and accepts that THE MEMBER is solely responsible for any legal disputes and/or damages that may arise from the inability of KABIS entry by the competent authorities.

 

4.3.In order to receive a car rental service from GetirDrive, the MEMBER must accept this Agreement and all the terms in the Mobile Application. Members agree that all membership requirements will be fulfilled, that the membership may be unilaterally terminated by GetirDrive if the membership requirements are met and that membership cannot be transferred.

 

4.4.The MEMBER accepts, declares and undertakes that the information and visuals received through the Mobile Application during the stage of being a MEMBER shall be saved and stored in the system, the license requirements must comply with the rental conditions specified in the Mobile Application, and that the mobile phone used during registration must be in operation while receiving, using and terminating the rental process due to activation and operation of the system via the mobile phone. If all the conditions specified in this article are not available, the MEMBER agrees that the vehicle cannot be delivered.

 

4.5.During the lease, the MEMBER must keep the valid driver’s license with him/her. Otherwise, the MEMBER is responsible for all penalties that may arise.

 

5.1.In order to lease GetirDrive vehicles, it is obligatory to select the vehicle from the Mobile Application by the MEMBER and to make the lease request. GetirDrive is authorized to unilaterally change the communication channel in question.

 

5.2.GetirDrive is authorized to request a photocopy of the identity card, which is the declaration and validity of given information, issued by the MEMBER on its own name and with the Turkish Republic ID number, and the photocopy of the driver’s license for at least one year of automobile use and the photo and/or video image in order to verify the information via Mobile Application. GetirDrive or Mobile Application has the right to obtain information about the MEMBER by contacting the relevant organizations in order to check the accuracy of the MEMBER’s personal information and documents. GetirDrive reserves the right not to lease if the documents are not presented.

 

5.3.The MEMBER agrees that his/her driving license has not been confiscated for any reason in the last year and that he/she shall act in accordance with the terms of this Agreement. In the event that the information or documents provided by the MEMBER are inaccurate or do not comply with these Agreements and terms, this shall be deemed to be a breach of the Agreement, and shall grant GetirDrive the right to unilaterally terminate the Agreement in accordance with the provisions of Article 11 of this Agreement and suspend or terminate the membership on the Mobile Application.

 

5.4.MEMBER accepts and declares that all transactions carried out with the user name, password and Mobile Application, and all transactions carried out by GetirDrive via e-mail address and mobile phone are under their responsibility and that they are done with their consent. The Vehicle shall be deemed to have been delivered following the provision of physical access to the Vehicle by the MEMBER. The MEMBER is personally responsible for all transactions such as cancelling the rental request made within the Mobile Application, reporting the damages or deficiencies in the vehicle, operating the vehicle by opening the vehicle doors, and all transactions made with the electronic mail address and mobile phone provided. GetirDrive and Mobile Application records are valid for all transactions made within the Mobile Application and the MEMBER irrevocably that it accepts all records and documents produced by the Mobile Application GetirDrive .

 

5.5.In case the MEMBER gives approval of notification via mobile application, vehicles within close distance to be notified to the MEMBER shall not constitute a lease commitment and is only for informational purposes. Lease shall be initiated within the framework of the priority transaction rule. GetirDrive and the Mobile Application assume no responsibility for the lease of the reported vehicle by another MEMBER.

 

5.6.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.

 

5.7. While making a reservation via the Mobile Application, MEMBER selects the start and end date and time to determine the reservation period. The rental fees and pricing policy under the reservation option are determined unilaterally by GetirDrive, which reserves the right to change the reservation fee at any time.

 

 

 

6.1.The minimum usage fee, tariff, distance fee, hold mode fee service fee, and all other charges applicable to vehicle rentals are announced in the Mobile Application. The fees listed in the tariffs may vary depending on the vehicle model, location, day, minute, hour block, and time. The announced tariff, distance fee, hold mode fee, service fee, and all other charges may be changed or canceled without the need for any permission or notification, no later than before the relevant rental. Additionally, the right to apply different charges based on the time and location of the Mobile Application's usage is reserved. The MEMBER agrees in advance to the new prices and charges announced in the Mobile Application.

 

6.2.The MEMBER is obliged to pay the rental fee based on the duration of use of the rented vehicle and, in any case, the minimum usage fee. If the rental fee is less than the minimum specified amount, the MEMBER will be invoiced based on the minimum usage fee. All details regarding the pricing are included in the Mobile Application and the right to change the rental terms and related fees is reserved.

 

6.3.When a Vehicle is requested by the MEMBER through the Mobile Application, the fee specified in the Mobile Application is pre-authorized from the MEMBER’s credit card. Upon the completion of the lease, the cancellation of the provision amount will be provided and the period of reflection on the credit card depends on the internal functioning of the bank. GetirDrive or the Mobile Application are not responsible for any delays or errors in bank transactions.

 

6.4.If the MEMBER uses the hold mode, a hold fee will be charged to the MEMBER’s credit card. If the hold mode is canceled within the first five minutes, the hold fee will be refunded to the MEMBER’s credit card. However, cancellations made after five minutes will not qualify for a refund. If the MEMBER does not rent the vehicle after the hold mode ends, an additional fee determined by GetirDrive will be charged. GetirDrive reserves the right to unilaterally modify the relevant fees.

 

6.5.If the hold mode ends and the rental begins, the specified rental fee will be charged to the MEMBER’s credit card. If a rental package is chosen, the package fee is charged at the start. Should the credit card lack sufficient funds, the MEMBER has 30 minutes to update their payment limits. Failure to do so will result in termination of the rental transaction, and this period will incur per-minute charges.

 

6.6.In the event that the MEMBER uses a credit card belonging to any third party, the MEMBER is fully responsible for any liabilities towards the third party. If GetirDrive; suffers any loss due to objections or complaints from third parties, is unable to collect the usage fee or any receivables arising from the agreement, or is required to pay penalties or compensation, GetirDrive reserves the right to reflect and recousre to the MEMBER the full amount of such loss.

 

6.7.Vehicle rental fee does not include additional services such as HGS, OGS, bridge toll, highway toll and ferry toll. These uses are collected separately from the MEMBER.

 

6.8.The service life of the vehicle received by the MEMBER begins when the MEMBER opens the doors of the vehicle. If the vehicle doors are not opened by the MEMBER within the period specified in the Mobile Application, the pricing will commence at the end of the specified period. If the MEMBER does not leave the vehicle key in the vehicle, the rental continues until the key is returned.

 

6.9.Rental fees are stated in the Mobile Application and are priced depending on the rental period and/or distance used. Distance information subject to fare is calculated by GetirDrive vehicle tracking system and GetirDrive data is taken into account in all calculations. In the calculations, the data on the odometer/trip computer on the vehicle is not taken into account.

 

6.10.The MEMBER will be able to purchase a pre-paid period of use for a certain period of time by selecting one of the Duration Packs offered by GetirDrive via the Mobile Application. In the event that these one of the packages are purchased, no other usage fee will be charged from the MEMBER during the purchased period and within the specified KM limits. In the event that the MEMBER does not/cannot use the entire Duration Pack it has purchased, the remaining time and / or KM will not be transferred to the next lease or no refund will be made for the remaining time / KM. The Duration Pack prices only include the Distance Fee. In the use of Duration Pack, highway, bridge, tunnel etc. toll road using fees will also be added on the Duration Pack price. the Distance Fee over the standard Tariff for the usage exceeding the period and / or KM determined within the scope of the Duration Pack will continued to be collected.

 

6.11.GetirDrive may apply location-based pricing variations in its tariffs and pricing. Accordingly, the price shown to the user will be determined based on one of the following: the location of the vehicle on the map, the user's location when opening “Vehicles & Prices” sectiion on the application, or the starting address selected by the user during the reservation process. Prices will be up to date only if the latest version of the application is installed. GetirDrive is not responsible for any pricing discrepancies that may arise due to the use of an outdated version of the application.

 

7.PAYMENT

 

7.1.The member agrees, declares and undertakes to pay the rental fees, distance fees, all parking, bridge toll, HGS/OGS and motorway crossings, HGS/OGS penalties and damages resulting from its own defect, service fees and, without limitation, all other costs and VAT amounts arising from this Agreement related to the leases made under this Agreement.

 

7.2.A payment order will be taken from the cards added to the Mobile Application by the MEMBER in order to pay the fees incurred after the rental. If the MEMBER wishes to pay the remaining debt from the rental with a different card, a payment order will also be taken for this card. Debts that will occur after the rental can be collected from all cards with a payment order.

 

7.3.The MEMBER shall make the payments for the leasing transactions through the credit card defined in the Mobile Application. In the Mobile Application, at least 1(one) credit card must be defined. If the MEMBER tries to cancel the credit card information in the system without defining a new credit card, the system give permission if only the MEMBER does not owe any payments and 6 months have passed since the end of the last lease made by the MEMBER. In the event that the MEMBER fails to pay in full and in due time any amount that it is obliged to pay under this Agreement, this shall be deemed a breach of the Agreement, and GetirDrive shall grant the right to unilaterally terminate the Agreement and the right to demand and collect unpaid fees under the terms of Article 12 of this Agreement. The MEMBER agrees and undertakes to pay with the advance interest of Turkish Republic Central Bank to be processed as of the invoice date.
In case the MEMBER does not have any debts, GetirDrive or the Mobile Application has the right to suspend, cancel the membership, not to meet the lease demands of the MEMBER.

 

 

8.1.Following the start of the lease, the vehicle, the license plate number of which is specified in the Mobile Application, is delivered and rented to the MEMBER upon the physical receipt of the Vehicle by the MEMBER, the MEMBER declares and undertakes to use the vehicle in accordance with the provisions of this Agreement and the relevant legislation, to pay the rental fee and other fees/charges specified in this Agreement and the VAT on these fees and accepts all the matters specified in this Agreement.

 

8.2.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 are also MEMBERs shall not be entitled to use the vehicle within the scope of the above provision. 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 or the Mobile Application will have to pay. GetirDrive or the Mobile Application reserves the right to collect these fees from the credit card registered in the Mobile Application and the MEMBER accepts this as cash.

 

8.3.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.

 

8.4.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.

 

8.5.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 transport,
l) Damages caused by the contact of cigarette-like substances.

 

8.6.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 and any other real or legal person. In addition, the tolls, traffic fines, interest and annexes and service fees may be deducted from the MEMBER’s credit card without waiting for the end of the lease period and without any permission and notification. This authorization is not limited to the terms of the Agreement and car parking, OGS, HGS, motorway, bridge etc. tolls, traffic fines, interest and annexes and service fees may be collected 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 in advance.

 

8.7.The MEMBER is obliged to return the vehicle to GetirDrive within the region where the lease is made. 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 this Agreement 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.

 

8.8.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.

 

8.9.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.

 

8.10.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 this Agreement without any notice, caution or provision and take legal action.

 

8.11.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.

 

8.12.Smoking in the vehicle will be considered as a violation of the Contract 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 the cleaning costs and other expenses that may occur due to the pollution that will occur in the vehicle specified in the Mobile Application.

 

8.13.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.

 

8.14.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, if it is determined by the GetirDrive that the ability of the credit card to meet the rental cost is removed, or 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 or the Mobile Application under any name due to the termination of the lease of the vehicle.

 

8.15.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 or the Mobile Application for all losses, even if the leasing relationship is terminated or the contract 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.

 

8.16.It is forbidden to carry and transport animals in the vehicle. If it is detected, the MEMBER will be charged the fee stated in Article 9.4.

 

 

9.1.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 Mobile Application 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.

 

9.2.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: (a) Collision of the vehicle with motor or motorless vehicles which can be used on highways or railways, b) 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., c) Actions in bad faith or joke by third parties and the damages caused by the people not having capacity to act, d) Burning of the vehicle, e) 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 Contract 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.