Distance Sales Contract

Car Rental: Distance Sales Agreement

 

1.        PARTIES

 

a) Intermediary Service Provider

Mersis Number	:	0071092458600001
Trade Name	:	CAR RENTAL TECHNOLOGY JOINT STOCK COMPANY
Address	:	Barbaros Hayrettin Pasha Mah. 1995. No:1-3 Akros Istanbul Interior Door No:6 Esenyurt 34522 ISTANBUL
Tax Office	:	Esenyurt
Tax Number	:	0710924586
Kep Address	:	[email protected]
UETS	:	25909-82931-45768
Telephone	:	+90 850 888 66 55
Email	:	[email protected]

 

b) Service Provider

Mersis Number	:
Trade Name	:
Address	:
Tax Office	:
Tax Number	:
Kep Address	:
UETS	:
Phone	:
E-Mail	:

 

c) Service Area

Name, Surname, Title	:
Address	:
Tax Office	:
Tax Number	:
Phone	:
E-Mail	:

 

2.        SUBJECT OF THE AGREEMENT

 

2.1. This agreement covers the purchase of vehicles, services/services and all other provisions of suppliers via arabakirala.com.tr or Rent a Car, Android/iOS mobile application. It determines the rights and obligations of the parties in accordance with the relevant law and the Distance Sales Agreement of the reservations made electronically through the Intermediary Service Provider of the vehicle/vehicles and services sent online by the suppliers as API/XML within the scope of the contract.

2.2. This contract has been drawn up and published in accordance with the scope of Law No. 6502 and the Regulation on Distance Sales.

2.3. Within the scope of this contract, the Service Provider has been arranged within the scope of the Distance Sales Agreement due to the purchase of the services provided by the Service Provider through the Intermediary Service Provider, and the Service Provider will physically draw up a contract at the stage of receiving the vehicle and products by the Service Provider after the reservation and will issue the wet-signed contract.

2.4. This contract has been prepared by the Intermediary Service Provider and is an annex to the contract of the Service Provider. The Service Provider is deemed to have accepted all the provisions of the contract after approving the conditions.

2.5. This agreement only determines the obligations of the Intermediary Service Provider and the Service Buyer.

 

3.        RESERVATION PROCEDURES

 

3.1. The Service Recipient accepts, declares and undertakes that the vehicle belonging to the reservation it has accepted within the scope of this contract is a representative vehicle and its equivalent, and that the vehicle to be rented will be determined at the supplier office. In the event that the Service Recipient fails to receive the vehicle or its equivalent subject to this contract, the Intermediary Service Provider does not have any responsibility, the Service Provider accepts, declares and undertakes this situation in advance. In the event that the Service Provider fails to receive the vehicle selected at the reservation stage by the Service Provider or receives an equivalent or different vehicle, it cannot charge a fee from the Intermediary Service Provider under any name.

3.2. The Service Provider accepts, declares and undertakes in advance that the content of additional products or additional services purchased within the scope of this contract will be covered by the Service Provider and that the Intermediary Service Provider does not have the opportunity to interfere with these services and does not have the authority to determine its guarantees.

3.3. The Service Buyer, declares that he/she accepts that a deduction will be made in case of a reservation cancellation in accordance with the cancellation and refund conditions applied by the supplier after the reservation. The deductions to be made by the Supplier are shown to the Service Area on the Supplier page and payment page.

 

4.        GENERAL CONTRACTUAL PROVISIONS

 

4.1. The Service Area can change its Personal Information and Credit Card information from the member area. The accuracy of personal information is the responsibility of the Service Area.

4.2. No changes can be made on the reservation after the reservation made by the Service Recipient through the website and/or mobile applications of the Intermediary Service Provider is confirmed.

4.3. The Service Provider must present the credit card registered in his name during the rental process of the vehicles belonging to the Service Provider. This clause is a rental condition by the Service Provider, and if the credit card is not presented, the reservation will be canceled and the amount paid will not be refunded.

4.4. The Service Provider is not obliged to complete the booking process and provide services. After the reservation process, transactions such as financial data, Findeks information, identity verification of the Service Area are carried out by the Service Provider, and if deemed appropriate by the Service Provider, the car rental process is completed. The Service Provider cannot hold the Intermediary Service Provider responsible if the vehicle is not delivered to him by the Service Provider and cannot demand any fee or damage under any name.

4.5. The Intermediary Service Provider does not guarantee a reservation to the Service Area under any circumstances. It does not undertake car rental service to the Service Area under any terms and conditions.

4.6. The Intermediary Service Provider is obliged to transmit the reservation made by the Service Provider through the website and mobile application to the Service Provider online. The Intermediary Service Provider transmits the personal data of the Service Area, vehicle options and payment management to the Service Provider online. The Intermediary Service Provider does not have any title and responsibility, including the operator.

4.7. The Service Provider cannot refrain from signing the contracts to be issued by the Service Provider, claiming that it accepts this Distance Sales Agreement.

4.8. After completing the reservation process, the Service Buyer, accepts, declares and undertakes that he/she will pick up the vehicle from the location he/she has chosen, issue the rental agreement of the Service Provider with wet signature, present the new type of driver's license and ID card at the rental office, approve the Findeks report, submit the credit card issued in his/her name, and make any delivery on behalf of the 3rd Party after the reservation process.

4.9. The Service Buyer, accepts that all administrative, legal and penal sanctions will belong to him if the credit card used during the completion of the reservation process through the website and/or mobile application offered by the Intermediary Service Provider belongs to him or if the credit card belongs to someone else. Regardless of the credit card with which the Service Provider makes the reservation from the Intermediary Service Provider systems, the Service Provider must pay for the deposit and all other services by presenting the credit card registered in his name at the Service Provider's offices. The Service Provider does not accept Virtual cards.

4.10. The Service Provider is severally responsible for all damages that may occur in the event that the credit card used at the reservation stage is later notified by the bank for a chargeback. The Service Provider declares, accepts and undertakes that he/she is responsible for all the use of the credit card he/she has used.

4.11. The Service Buyer, through the website and/or mobile applications of the Intermediary Service Provider, can make a reservation with prepayment or full payment. In case of creating a Prepaid reservation, the prepayment amount is deducted by the Service Provider and the remaining amount together with the deposit at the beginning of the reservation is collected from the credit card registered in the name of the Service Provider. In the event that the Service Provider pays the full amount to the Intermediary Service Provider, the Service Provider will only collect the price of the additional product purchased from the Service Area, if any, and will receive the guarantee amount from the credit card of the Service Area.

4.12. The Service Provider declares and undertakes in advance that he/she accepts all the rental conditions of the Service Provider from the beginning.

4.13. The Service Provider accepts, declares and undertakes in advance that it knows that the vehicles offered by the Intermediary Service Provider belonging to the Service Provider are equivalent and that vehicles can be delivered in the same segment or in a different segment.

4.14. If the Service Area realizes that it has made any mistake while completing the reservation process or if there is any error in the information, it can cancel its reservation and make a new one.

4.15. Within the scope of this agreement, the Intermediary Service Provider provides intermediary services only for commission, and its responsibility is limited to transmitting the online reservation made by the Service Area to the Service Provider. The Service Recipient shall not take the Intermediary Service Provider as an interlocutor in administrative, criminal and legal proceedings, including but not limited to any legal lawsuit or enforcement action to be directed to the Service Provider before and after the Reservation.

4.16. The Intermediary Service Provider is only a party at the reservation stage and is not a party to any other situation or event.

 

5.        CAYMA HAKKI

 

5.1. The Service Recipient does not have the right of withdrawal in accordance with the provisions of Article 15/1(g) of the Law No. 6502 and the Regulation on Distance Contracts, which was published in the Official Gazette No. 29188.

 

6.        DISPUTE STATUS

 

6.1. Due to this contract, the Service Recipient may apply all complaints and objections to the Consumer Problems Arbitration Committee and/or the competent Consumer Courts in the place where the Service Recipient receives this reservation service or where he resides, taking into account the monetary limits determined every year in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

6.2. The Intermediary Service Provider is not the operator/lessor of any vehicle and is not a part of any legal situation that may arise.

 

The distance sales contract, consisting of these 6 articles, was concluded electronically between the parties as 1 (one) copy on __/__/__, and a copy of the Agreement was sent to the Service Area via e-mail.