User Agreement

WEBSITE CUSTOMER MEMBERSHIP AGREEMENT

 

Article 1- Parties to the Contract:

This contract was signed in 1995. It has been concluded between the real or legal person (hereinafter referred to as the CUSTOMER) who is a member of the www.arabakirala.com.tr website (hereinafter referred to as the "WEBSITE") and the real or legal person (hereinafter referred to as the CUSTOMER) residing at Akros Istanbul No:1-3 İç Kapı No:6 Esenyurt - İSTANBUL (hereinafter referred to as "RENT CAR"). RENT CAR and CUSTOMER together shall be referred to as parties. The address declared by the parties in this contract is the legal notification address, and unless the change of address is notified in writing, all notifications to be made to these addresses will be deemed to have been served and valid in accordance with the provisions of the Notification Law.

 

Article 2- Subject of the Agreement and Definitions:

The subject of this contract is the determination of the procedures and principles to which the CUSTOMER is subject and the mutual rights and obligations of the RENT CAR and the CUSTOMER in order to rent the vehicles offered for rental by RENT CAR.

This contract has been drawn up in accordance with the current legislation. In the implementation of this contract, the mandatory provisions of the Law No. 6502 on the Protection of the Consumer, the Law No. 6563 on the Regulation of Electronic Commerce, the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce and the Regulation on Distance Contracts are valid.

 

Specified in this contract;

RENT A CAR: www.arabakirala.com.tr owner of the website

CUSTOMER: The real or legal person CUSTOMER who is a member of the Website with the option of individual or corporate membership to rent a car,

Site: www.arabakirala.com.tr domain website,

Mobile Application: The application of the same name, which is compatible with Ios and Android operating systems belonging to RENT CAR, KİOSK and its applications

Vehicle: Any brand and model vehicle owned by the lessor and can be rented,

Supplier: Corporate members who have the title of operating their Vehicles on the Website and the CAR RENT mobile application within the scope of the cooperation between them and CAR KIRALA,

Agreement: Refers to the membership agreement of this website.

 

Article - 3 Provisions of the Agreement and Obligations of the Parties

3.1. RENT CAR, www.arabakirala.com.tr and RENT CAR Mobile Applications do not provide car rental services on their own behalf and account in any way. RENT CAR provides reservation services for the purpose of renting vehicles of features and models within the scope of the price, location, km limit specified by the Supplier and uploaded to the databases of www.arabakirala.com.tr and RENT CAR Mobile Applications, and carries out ONLY INTERMEDIARY ACTIVITY in terms of the car rental agreement. Accordingly, RENT CAR is obliged to keep all information up-to-date and accurate, within the scope of and limited to the information provided to it by the Supplier regarding the vehicles of the Supplier offered for reservation, to submit reservation and cancellation requests to the Supplier in a timely manner, and to forward the reservation confirmation notifications to the Customer in a timely manner. Apart from this, RENT CAR does not act as a Supplier in any way and does not undertake to rent a car or insure vehicles to the CUSTOMER. RENT CAR is an intermediary institution that provides reservation services for the purpose of establishing a car rental agreement between the Supplier and the Customer in return for the reservation fee to the CUSTOMER. According to the agreement between the Supplier and RENT CAR, the standard rental fee including VAT is collected from the CUSTOMER under the name of the CAR RENTAL on behalf and account of the Supplier; In accordance with the agreement between RENT CAR and the Supplier, the car rental fee is deposited with the Supplier after the service fee (commission) is deducted by RENT CAR. RENT CAR, by forwarding the CUSTOMER's car rental requests to the CUSTOMER in the capacity of the operator/owner of the relevant vehicle; It is obliged to collect the rental (reservation) fees that the CUSTOMER is obliged to pay to the Supplier on behalf of and on behalf of the Supplier. Additional services, insurance policies and deposit fees other than the standard rental price are determined by the terms of the agreement between the Supplier and the CUSTOMER.

Membership is completed by fulfilling the membership procedure specified on the site by the person who wants to become a member and completing the registration process. By becoming a member, the CUSTOMER also accepts the provisions of this Agreement, and any statements disclosed or to be disclosed later by CAR KIRALA regarding membership and services.

RENT CAR will be able to monitor and record all kinds of activities of the CUSTOMER on the site for security reasons, and when it deems necessary, it will be able to suspend from the site, freeze membership, cancel membership and make all kinds of similar interventions.

RENT CAR may partially or completely change the form and content of the site without prior notice to the CUSTOMER, as well as change the domain name on which the site is broadcast, use different subdomains, redirect the domain name and/or close the domain name.

RENT CAR may change the scope and types of services offered on the site at any time and without giving any reason, without prior notice to the CUSTOMER, as well as partially or completely freeze, terminate or completely cancel the services offered on the site. Such termination shall not result in non-fulfillment of obligations incurred up to the time of such notification.

The CUSTOMER accepts and declares that the identity, driver's license, address and contact information specified in the membership transactions are complete and correct, that in case of a change in his information, he will immediately forward this information to RENT CAR, and that he will be solely responsible for any legal disputes and damages that may arise due to incomplete, outdated or incorrect information. For this reason, no responsibility and/or fault that may arise cannot be attributed to RENT CAR.

While benefiting from the services specified on the site, the CUSTOMER will act in accordance with the laws of the Republic of Turkey and general moral rules, will not engage in acts such as insults, threats, slander, harassment, etc., will not make political or ideological propaganda, will not engage in behaviors that disturb other Customers, will stay away from any behavior that tarnishes individuals or institutions, and will avoid any action that may cause disruption or interruption of the services provided on the site. accepts and undertakes that it will be personally responsible for any damages.

The CUSTOMER accepts and undertakes that it will not violate the rights of third parties within the scope of intellectual and industrial rights, will respect the copyrights of third parties, will not engage in unfair competition and will respect the trade secrets and private lives of third parties.

The CUSTOMER accepts and declares that he/she will use a password that cannot be easily guessed by others while using the site, that he/she will not share his/her information such as username, password, etc. with others, and that he/she will be personally and solely responsible for the security of this information since it is not kept in the site database, and that RENT CAR will not be responsible in any way.

The CUSTOMER accepts and declares that he/she will only use his/her own membership account, will not use the account information of other members, will not open his/her membership account to the use of others and will not transfer his/her membership, otherwise his/her membership may be canceled if it is determined by CAR RENT, and he/she will personally compensate for any damages that have arisen / will arise.

The CUSTOMER accepts and undertakes that he/she will not send harmful programs, software, code and similar materials to the site, and that he/she will avoid any action that may endanger the security of the site and the members.

The presentation and all content of the site are protected by intellectual property legislation, and all information and data published, especially all trademarks, logos and service marks on this site, belong to RENT CAR or related persons. The CUSTOMER may not distribute, transmit, modify, copy, display, reproduce, publish, process or otherwise use the content of the site, directly or indirectly, in kind or otherwise, or allow anyone else to access or use the services of the site, without the written consent of the RENT CAR. Otherwise, the CUSTOMER will be responsible for paying any amount of compensation requested from RENT CAR for all kinds of damages incurred / to be incurred by RENT CAR and damages incurred by third parties, including but not limited to licensors. All rights of all texts, graphics, images and all pictures on the site are reserved and cannot be disposed of without permission.

Within the scope of the Law on the Regulation of Electronic Commerce, the CUSTOMER has approved the sending of commercial electronic messages to the contact addresses that are currently under the responsibility of RENT CAR or to be given in the future. Commercial messages with data, audio and video content can be sent electronically using means such as telephone, call centers, fax, automatic dialing machines, smart voice recorder systems, e-mail, short message service for all kinds of commercial purposes, including but not limited to commercial electronic messages for change, use and maintenance of the goods or services provided. The CUSTOMER has the right to opt out of these submissions free of charge at any time and not to receive messages for marketing and informational purposes.

 

Article- 4 Dispute Resolution

Istanbul (Anatolian) courts and enforcement offices are authorized in disputes arising from this contract.

This Agreement is a website membership agreement concluded between RENT CAR and the CUSTOMER, and RENT CAR is not a party in terms of legal disputes arising from the rental of the vehicles subject to the reservation. RENT CAR is not the Supplier and/or operator and/or owner and/or lessee and/or subtenant of the vehicles subject to the reservation in the legal sense. RENT CAR is in a position to mediate the rental of the vehicles subject to the reservation, and the legal disputes arising from the car rental agreement concluded between the CUSTOMER and the Supplier are to the car rental company with the title of Supplier; It should be directed to the Supplier. Any interest and support that RENT CAR will give to the CUSTOMER at this stage is only for the purpose of customer satisfaction and will not mean assuming any responsibility.

Within the scope of the Car Rental Agreement to be concluded between the CUSTOMER and the Supplier, RENT CAR does not have the title of a party in terms of disputes that may arise from the "vehicle" and "car rental agreement" due to accidents, defective vehicles, traffic fines, attachment of the vehicle, material and physical damages to third parties, the vehicle not having the specified qualifications, the vehicle not being delivered to the Customer and/or the vehicle not being returned to the Supplier, and other reasons.  As a result of such legal disputes, the CUSTOMER accepts, declares and undertakes that there is no claim or right of action against RENT CAR and that RENT CAR is not a legal addressee.

In case of disputes that may arise, the CUSTOMER agrees that all kinds of documents, records, books and all kinds of information, writings and records in computer and internet environment of RENT CAR will constitute single, exclusive and definitive evidence and will be binding, and that this article is an evidence contract within the scope of Article 193 of the HMK.

If any provision of this Agreement is deemed invalid or unenforceable for any reason, the other provisions of this Agreement will remain in effect.

The failure or delay of RENT CAR to exercise any right or authority it has under the Agreement does not mean that it waives that right or authority, and the exercise of a right or authority alone or in part does not prevent the subsequent exercise of that or any other right or power. No waiver of any term, clause or provision of this Agreement shall be construed as a subsequent or continuous waiver of that term, clause or provision.

 

Article- 5 Protection of Personal Data and Confidentiality

In accordance with the provisions of the Law No. 6698 on the Protection of Personal Data regarding personal data, the parties process and preserve the personal data obtained through this contract in accordance with the law or for legitimate purposes, and destroy and (or) make it public for legitimate purposes in accordance with the legislation and the Policy issued by CAR RENTAL. RENT CAR information such as user, additional driver, credit card, etc. with the Supplier, 3. Sharing with individuals and organizations in accordance with the law cannot be considered as a violation of confidentiality. The CUSTOMER accepts this authorization of RENT CAR in advance.

For all legal purposes, including but not limited to purposes such as conducting user profile and market research, creating sales and site usage statistics, RENT CAR may collect the CUSTOMER's identity, driver's license, address, contact, IP, demographic information and site usage information, which it completes with its explicit consent, in a database and process this information within the scope of KVKK. RENT CAR is authorized to share the information about the CUSTOMER with the insurance company, bank and third parties/institutions it deems necessary regarding the services offered on the site. In addition, RENT CAR may share this information with third parties/institutions in order to comply with the obligations imposed by the law or if requested in terms of investigation or research carried out by the competent judicial or administrative authority, or in order to protect the rights and security of users

Within the framework of the CUSTOMER's Personal Data Protection legislation, personal data; to learn whether it has been processed, and if it has been processed, to request information about it; to learn the purpose of processing and whether it is used by us in accordance with these purposes, to learn the third parties to whom it is transferred in the country or abroad; request correction in case of incomplete or incorrect processing; requesting its deletion or destruction or anonymization in the event that the reasons requiring its processing disappear; in these cases or in case of correction, to request that these be notified to third parties to whom data is transferred; objecting to this situation if it is thought that a result has arisen against the CUSTOMER by analyzing the processed data exclusively through automated systems; In the event that they suffer a damage due to unlawful processing, they have the right to demand the compensation of this damage.

 

Article 6- Termination and Cancellation of Membership

In the event that the CUSTOMER partially or completely violates any or all of its obligations arising from this contract, RENT A CAR may unilaterally terminate this agreement without the need for any notice and without giving any reason, cancel the CUSTOMER's membership, and partially or completely freeze or cancel the services that the CUSTOMER receives, is receiving or will receive from the site. Therefore, in case of termination, the CUSTOMER cannot claim any rights and demands from RENT A CAR. The CUSTOMER cannot object to this issue.

RENT CAR is authorized to terminate this contract unilaterally, without giving any reason and without the need for any notice, to cancel the membership of the CUSTOMER and to partially or completely freeze or completely cancel the services that the CUSTOMER receives, is receiving or will receive from the site. In this case, the CUSTOMER cannot claim any rights, receivables, loss of profit, compensation for loss of damage or loss of damage, or any other payment under any other name and title, citing an unfair, unwarranted, unreasonable, uninclined and untimely termination, violation of good faith or any other reason and excuse.

In cases of "Force Majeure", which are situations that are beyond the reasonable control of the relevant party and cannot be prevented or avoided despite due diligence, including but not limited to natural disasters, riots, wars, strikes, communication problems, technical problems, infrastructure and internet failures, power outages and bad weather conditions; RENT CAR has the right to perform any of its obligations determined by this contract late or incomplete or not to perform at all. Because during this Force Majeure, the obligations of RENT CAR are suspended. In these and similar cases, delay, incomplete performance or non-performance or default shall not be deemed to RENT CAR. For these situations, no compensation can be claimed from RENT CAR under any name. In the event that the force majeure situation lasts for more than 7 (seven) days, RENT CAR is authorized to terminate this contract unilaterally and without compensation without the need for any notice.

 

This website consisting of 6 articles has been concluded electronically between the parties as 1 (one) copy on the date of the membership agreement.