Car Rental

DISTANCE CAR RENTAL SERVICE CONTRACT

ARTICLE 1 - BASIS

This present contract has been issued in accordance with the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 nr. 29188, in the framework of a system created for the remote marketing of goods or services without the simultaneous physical presence of the seller or provider and the consumer, to have a contract established between the parties up to and including the moment of the establishment of the contract by using remote communication tools.

ARTICLE 2 - SUBJECT

Obilet (Intermediary Service Provider) hereby agrees to provide car rental companies (Principal Service Provider) to real and/or legal users who make reservation requests via the www.obilet.com domain name and/or Obilet mobile applications, to list the vehicles and/or vehicles with the qualifications determined by the car rental companies and specified in this Agreement and the Preliminary Information Form, to classify the data uploaded to the Obilet database by the car rental companies for the users to find rental vehicles at the dates and prices, locations and qualities they wish. In this context, the mutual rights and obligations of the parties regarding the realization of various marketing activities, the intermediation of the rental of various listed vehicles by users from car rental companies, and the collection of the rental money (after deducting the commission fee) from the user by Obilet to be paid to the car rental company as a result of the intermediation activity is regulated.

ARTICLE 3 - PARTIES 

3.1. SERVICE PROVIDER/CAR RENTAL COMPANY

Title : Avis

Address : Aydinevler Mah. Saygi Cad. No: 60 34854

Phone Number :

Email : [email protected]

3.3.ARACI HİZMET SAĞLAYICI

Title: oBilet Bilişim Sistemleri A.Ş.

Address:Sultan Selim Mh.Yunus Emre Cd. No:1/11 K:3 Kağıthane/İstanbul

Phone Number: (0212) 963 03 53 

Email: ………..

TIN/Tax Office: 6320481434 / Maslak

Trade Registry Number: 14285-5

MERSIS : 0632048143400049

ARTICLE4 - DEFINITIONS "Obilet" refers to all content including Obilet Bilişim Sistemleri A.Ş., www.obilet.com, online ticket service, mobile phones, and Obilet online ticket services used in similar electronic media. "Platform" refers to the website named www.obilet.com and/or Obilet mobile applications. "Intermediary Service Provider" refers to Obilet Bilişim Sistemleri A.Ş. "Service Provider" refers to the car rental company that rents the vehicles subject to the service. - "Customer" refers to the person who will receive car rental service subject to the contract. "Service" refers to the user's car rental transaction through Obilet for a fee. "User" refers to the person visiting and/or purchasing services on Obilet. "Rental Fiche" refers to the vehicle pick-up document containing the reservation details. 

ARTICLE 5 - GOOD, SERVICES AS THE SUBJECT MATTER OF THE CONTRACT

5.1.The service subject to this contract is a car rental service and consists of the reservation number, CAR RENTAL COMPANY reservation number if different, information of the rented vehicle, rental period, vehicle pick-up and return dates, vehicle pick-up and return location, address, rental price, discount or coupon information, if any, the last amount paid and/or payable at the time of vehicle delivery, information at the time the order is terminated and is also sent to the email address specified by the CUSTOMER. If the CUSTOMER purchases additional services such as child seat, navigation, insurance, etc. apart from the car rental service, these matters will be reported separately. The vehicle subject to the contract shall be received by the CUSTOMER from CAR RENTAL COMPANY at the beginning of the rental period, on the date and time specified for delivery, at the delivery point specified above.

5.2.The Preliminary Information Form regarding the rental service purchased will be sent to you electronically.

5.3. By confirming this contract electronically, the CUSTOMER confirms that he/she has read and learned the preliminary information regarding the basic qualities of the product/service subject to the contract, the rental price including all taxes, the payment method and the full trade name, open address and contact information of CAR RENTAL COMPANY before the conclusion of the distance contracts and that this information is correct and complete via the website named www.obilet.com and/or Obilet mobile applications.

5.4.When the CUSTOMER makes a reservation through Obilet/Platforms, he/she will be deemed to have accepted the "Car Rental Agreement" issued by CAR RENTAL COMPANY and presented on the payment screen. This Car Rental Agreement and the Vehicle Delivery Record shall be concluded between CAR RENTAL COMPANY and CUSTOMER at the time of physical delivery of the vehicle.

5.5.Obilet informs you about the conditions of sale and your rights in accordance with Law No. 6563 on the Regulation of Electronic Commerce and its secondary legislation, Law No. 6502 on the Protection of Consumers, and the Distance Sales Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188 in accordance with the services provided through the platform it owns. Your legal rights regarding the purchase are also presented on the "payment screen". For CUSTOMERS who do not qualify as consumers, the general provisions, the Turkish Commercial Code, and the relevant articles of the Turkish Code of Obligations according to the type of rent, sales contract, or purchased service shall apply instead of the provisions of Law No. 6502.

ARTICLE 6 - CONFIRMATION OF RESERVATION

6.1.Obilet provides a platform service for users to rent a suitable car. Since to the fact that many users can receive services through this platform at the same time; car rental companies, which are the main service providers, have a certain number of vehicles available, and for similar reasons, the relevant product/service may run out before the payment is completed. Obilet never guarantees that the product/service offered for sale through its platform can be purchased/rented by you.

6.2.The reservation is completed upon payment by the CUSTOMER.

6.3.When the booking is confirmed, Obilet will send the CUSTOMER, on behalf of CAR RENTAL COMPANY, the Rental Fiche ("Vehicle Delivery Document") containing the reservation details via e-mail. The transmitted digital Rental Fiche must be presented to the CAR RENTAL COMPANY at the pick-up of the vehicle. Therefore, if the Rental Fiche is not received by the CUSTOMER, the situation must be reported to Obilet immediately.

6.4. Reservation information is not stored in the physical environment. However, the CUSTOMER can access the car rental information by entering the "Inquire Reservation" tab on the Platform and making an inquiry about the reservation.

6.5. The email sent to you does not contain details of the service fee and/or taxes set by CAR RENTAL COMPANY at the time of collection/use of the vehicle or additional services requested by CONSUMER (services such as child seats, navigation, etc.) and is not an invoice.

ARTICLE 7 - RIGHT OF WITHDRAWAL

7.1.Under provision 15/1-g of the Regulation on Distance Contracts, which entered into force after being published in the Official Gazette No. 29188, guided by provision 48/6 of the Law No. 6502 on the Protection of Consumers; The CUSTOMER has no right of withdrawal in terms of this Agreement.

7.2.Certain CAR RENTAL COMPANIES grant the CUSTOMER the right of withdrawal on their initiative; in this context, the provisions of the contract that the CUSTOMER has made with CAR RENTAL COMPANY are reserved. In this direction, the Car Rental Terms determined by the CAR RENTAL COMPANY are stated in the relevant section by Obilet for each vehicle; CUSTOMER is obliged to read these rules before completing the payment process.

ARTICLE 8. - CHANGES AND CANCELLATION-REFUND PROVISIONS

8.1.Each CAR RENTAL COMPANY may have different practices for each vehicle for the cancellation, return, and exchange processes. For this reason, the CUSTOMER should carefully review the "Rental Conditions" in the relevant section for the modification, cancellation-refund terms, and policies of the vehicle subject to the transaction and all other special conditions to be applied before making payment. The CUSTOMER accepts and declares that he/she is legally not entitled to withdraw from this Agreement, that he/she knows that he/she may not have any right of cancellation, return, or exchange and that he/she has been informed accordingly.

8.2. If CAR RENTAL COMPANY initiates a different practice in terms of changes and/or cancellation-refund conditions, the current practice will be taken into consideration. 

8.3.Obilet provides customer service for CUSTOMER's change and/or cancellation-refund requests to be forwarded to CAR RENTAL COMPANY and for these requests to be concluded quickly in accordance with the terms and rules of CAR RENTAL COMPANY; this service does not under any circumstances mean that Obilet has the right and authority to interfere with the terms and rules of CAR RENTAL COMPANY.

8.4.Any reservation or rental service made through Obilet cannot be transferred and/or renamed on behalf of someone else.

8.5.The CUSTOMER may make the change and/or cancellation-refund requests; before the start date and time of the rent; directly from the "Inquire Reservation" section of the Obilet website or via one of the communication methods written on the website/mobile application, via Live Support or the Call Center.

8.6.No cancellation-refund and/or change can be made under any circumstances from the effective date and time of the rent determined in accordance with this Agreement.

8.7.The CUSTOMER accepts and undertakes that if he/she performs the change and/or cancellation-refund transaction directly with CAR RENTAL COMPANY, he/she must continue all subsequent processes with CAR RENTAL COMPANY. In this case, the CUSTOMER accepts that Obilet has no responsibility including informing him/her.

8.8.For payments made through Obilet sales channels, refund transactions (provided that a refund is possible) are made only to the card used in car rental transactions. If the card used for payment has expired or has been canceled, a refund will be made to the cardholder's account if the cardholder uses another card from the same bank. If the cardholder has stopped working with the bank, they can apply to our Live Support or Call Center with an official letter from the bank.

8.9.If the CUSTOMER has purchased or rented a different product and/or service together with the car rental reservation, he/she is obliged to cancel this product and/or service separately. Any cancellation or changes to the car rental reservation will not automatically lead to any changes in other products and/or services.

8.10.Obilet shall not be held responsible for any monetary loss, including but not limited to the loss of value of the money between the date of payment/reservation and the date of return or the increase in new vehicle rental fees, when a refund is required due to any cancellation-refund and/or change.

ARTICLE 9 - GENERAL TERMS

9.1.All identity (name-surname, gender, date of birth, passport/ID/driver's license information, etc.) and contact information (address, telephone, e-mail, etc.) must be entered completely and correctly in the transactions carried out through Obilet. The accuracy and currency of this information are the responsibility of the CUSTOMER. Obilet cannot be held responsible in any way for any problems and/or damages that may arise due to incomplete, incorrect, or outdated identity information. Contact information will be used for all notifications regarding your transaction and the CUSTOMER is solely responsible for not notifying the changes that will occur. 

9.2.Payments for all rental transactions to be made through Obilet will be made by credit or debit card. The CUSTOMER accepts and undertakes that the debit or credit card used for payment must be a member of the 3D Secure system. Since 3D Secure ensures that transactions are made with a full verification method through its system, it declares that the responsibility for the transactions carried out with this system is only on the CUSTOMER, therefore, it declares that it cannot make an expenditure objection for the payments made on the Platform. The CUSTOMER accepts that Obilet shall not be responsible for any problems that may occur due to 3D Secure.

9.3. In case the relevant amount is not paid to Obilet by the bank or financial institution due to the unfair or unlawful use of the credit card belonging to the CUSTOMER by unauthorized persons in a way that does not arise from the fault of the Parties after the reservation transaction is realized, Obilet and/or CAR RENTAL COMPANY will not have any liability. In case of occurrence of this situation after starting to benefit from the car rental service, the CUSTOMER accepts and undertakes that he/she is responsible for the relevant price and all kinds of damages and losses arising; together with the legal interest to be processed from the date of reservation.

9.4. In case the CUSTOMER is in default for any reason or in any way, the CUSTOMER agrees to immediately pay the damages and losses incurred by CAR RENTAL COMPANY and/or Obilet due to the delayed performance of the debt, provided that this situation is not caused by the fault of the other Parties.

9.5.The vehicle subject to the contract is delivered to the CUSTOMER personally. For this reason, the CUSTOMER must present the identity card, driver's license, and credit card used in this purchase to the personnel in charge of the CAR RENTAL COMPANY company when taking delivery of the vehicle. Obilet shall not be held responsible for the non-delivery of the vehicle due to the absence of the requested documents. If the vehicle subject to the contract will be delivered to a person/organization other than the CUSTOMER, Obilet shall not be held responsible for the failure of the person/organization to accept the delivery.

9.6. In terms of car rental, driver's license, age, and similar rules determined by CAR RENTAL COMPANY, the date of delivery of the vehicle is taken as the basis.

9.7.Only the terms and rules, change or cancellation-refund policies, no-show rules, and pricing policies of car rental companies, which are the main service providers, are valid for the car rental service and vehicle subject to this Agreement. These terms, rules, and/or policies may differ for each service provider and even for each vehicle. Therefore, the CUSTOMER is obliged to read the "Rental Conditions" carefully before making the payment. Obilet has no right or authority to interfere with these rules in any way.

9.8.In accordance with the service purchased, a deposit fee, which will vary according to the type of vehicle and in an amount determined by CAR RENTAL COMPANY, will be blocked from your credit card. Please read the Rental Conditions for more details.

9.9.The CUSTOMER is obliged to act in accordance with the laws and visa rules of the country of car rental, as well as CAR RENTAL COMPANY general rules, car rental period, car pick-up and return dates and times, car pick-up and return locations, reservation principles, rental agreements, confidentiality policies and cancellation/return/exchange policies and additional pricing conditions.

9.10.As an intermediary service provider, Obilet endeavors to always present the specifications of the vehicles offered by car rental companies for rent on the Platform in full. However, insignificant differences may occur in the colors and/or sizes of the products due to the photographs and the technical specifications of the products, and the system used to display the products on the internet. The vehicle photos shown during the car rental stages are representative.

9.11.The vehicle may be replaced with its equivalent for operational reasons by the CAR RENTAL COMPANY. OBİLET BİLİŞİM SİSTEMLERİ A.Ş. is not responsible for this situation. 9.12. At the time of vehicle delivery, CAR RENTAL COMPANY and the CUSTOMER shall physically conclude the Vehicle Rental Agreement and the Vehicle Delivery Record; CAR RENTAL COMPANY may request information and documents from the CUSTOMER to prove that the CUSTOMER will comply with the terms of the Agreement. OBİLET, as the intermediary service provider, shall not be held responsible for the CUSTOMER's refusal to sign these documents, failure to submit the requested information documents, or refusal to rent the CAR RENTAL COMPANY's vehicle due to the documents submitted. OBİLET does not have any obligation regarding the provision of the service; CAR RENTAL COMPANY is the sole addressee of all claims of the CUSTOMER, including the refund of the price paid by the CUSTOMER, if any, and compensation for any damages incurred.

ARTICLE 10- LEGAL POSITION OF OBİLET

10.1. Obilet does not offer car rental services on its behalf and accounts on the domain name www.obilet.com and/or Obilet mobile applications. Obilet provides reservation services for CUSTOMER to rent vehicles with the price, location, features, and model previously specified by the CAR RENTAL COMPANY and uploaded to the Platform databases, and operates ONLY as an ONLINE CAR SERVICE PROVIDER in terms of car rental contract. Apart from this, Obilet does not act as a CAR RENTAL COMPANY under any circumstances and does not undertake to rent a car to CUSTOMER. Obilet provides a platform service to establish a car rental agreement between the CAR RENTAL COMPANY and the CUSTOMER, does not bear the title of "operator" within the scope of the Road Traffic Law and other relevant legislation, and therefore has no material, criminal, and legal liability related to the title of "operator".

10.2.Obilet is the sole and only owner of the Platforms and is not a party to the contract regarding the car rental service to be provided to the CUSTOMER by CAR RENTAL COMPANY, nor does it have any responsibility for the provision of the service subject to the relevant contract. In this context, Obilet does not accept any responsibility for disputes arising from CAR RENTAL COMPANY Vehicles and/or CAR RENTAL COMPANY car rental service and/or CAR RENTAL COMPANY car rental contract (defect, incomplete performance, non-performance, default, etc.) or material and moral damages that may be caused to the vehicles delivered to the CUSTOMER and/or to third parties through these vehicles; Obilet shall not be a party to these disputes. CAR RENTAL COMPANY shall be the sole addressee in all claims and lawsuits to be filed by the CUSTOMER and/or insurance companies and/or third parties.

10.3.The CUSTOMER is obliged to take into account the warnings received while using the Platforms together with this agreement. Obilet provides a platform service where users and service providers are brought together. The legal relationship between service providers and users is separate and independent from the platform service offered to users by Obilet. Obilet cannot be held responsible for the content of the information of users and service providers on the Platforms. Obilet cannot be held responsible for any disputes, damages, and/or claims that may arise between Service Providers and users. Those who purchase car rental services through Obilet / Platforms are deemed to have accepted this condition in advance and irrevocably.

ARTICLE 11- TERMS AND CONDITIONS OF OBİLET

11.1.The User is deemed to have expressly accepted the conditions for the use of the site, the privacy policy, and all laws, regulations, and legislation related to the site by visiting Obilet or purchasing services/goods. By using the Platform, the User confirms that he/she is of sufficient legal age to make a car rental reservation and takes responsibility for any liability as a result of using this Platform. In the use of the Platform, the User agrees that the User or those who use the User's login credentials are liable for any damages and losses, financial or otherwise, for all use of this booking engine.

11.2.Membership to the Platform is for personal use. Members have the option to receive more information about the services and to unsubscribe. Members may change or update their membership preferences or membership information at any time. Members can also cancel their accounts at any time.

11.3.Protection of Personal Data and Confidentiality

11.3.1.Obilet undertakes to take all necessary measures to keep personal data and customer information confidential and to keep them in accordance with the legislation in force. For more information on personal data, please read the Clarification Text on the Protection of Personal Data.

11.3.2.Obilet may share the necessary information such as visit, purchase, and similar information with third parties in cases where it is necessary to comply with the obligations arising from the legislation in force, in cases where information is requested by the competent administrative and/or judicial authorities in line with research or investigation carried out in accordance with the rules of law and procedure and/or in cases where it is deemed necessary to provide information regarding the protection of the security of Visitors.

11.3.3.Obilet may record and store the records specified in the relevant legislation within the legal period regarding all kinds of transactions carried out by the Users to comply with the obligations imposed on it in accordance with other applicable legislation, especially Law No. 5651 on Regulating Publications on the Internet and Combating Crimes Committed Through These Publications. These may include the time and duration of the visit, the pages viewed and information about the site visited before coming to the Platform. This information is only used to measure Platform activity and to generate ideas to improve the Platform. The Platform is accessible to all Users.

11.4. Protection of Information

11.4.1.Obilet does not store any personal information about the User on its website and mobile applications. The information stored is purely statistical and does not contain any personal information. All personal data is stored in a secure environment. The credit card numbers of the user are encrypted using the latest e-commerce technology.

11.4.2.Obilet uses data security systems. For this purpose, Obilet is within the security scope of "Comodo".

11.4.3.Our secure server software (SSL) is the industry standard and the most reliable security system for credit card transactions. However, your credit card information is not stored on the Obilet system for ticket purchases.

11.4.4.KAll responsibility for the transactions made by the Users on the Platform belongs to the relevant User. Membership and/or purchase transactions may be viewed by third parties using the computer in question, in particular, but not limited to cases where Users use a shared computer. If the user is using a shared computer and has logged in, he/she needs to log out after his/her transactions are completed. Otherwise, Obilet shall not be responsible for the transactions to be made by third parties on the membership transactions or the service purchased. Users should pay utmost attention to this situation.

11.4.5.

11.5.Content Provided and Other Site Links

11.5.1.Vehicle information, rental fee information, reservation status, date-time information, and similar parts of the content offered by Obilet are provided by third parties. In cases where the providers of the opinions, advice, services, suggestions and other content specified on the Site are third parties, their accuracy, and timeliness are also provided by the relevant third parties; Obilet shall not be responsible for the integrity, usefulness, and accuracy of this information.

11.5.2.Obilet may provide links and/or redirects to other websites through the Platform. Obilet may publish advertisements and/or application forms for various services of third parties with which it has an agreement and may direct Users to the sites of advertisers or third parties through these forms and advertisements. The existence of these links does not indicate that the content of other sites and pages is controlled by Obilet. Obilet shall not be responsible for the privacy practices and contents of other websites accessed through this link or the privacy policies and practices of third parties. Obilet shall not be held liable for any content accessed through these links, and Obilet shall not be held liable for any damages arising from the transactions to be made on other websites accessed. When users access other websites using these links, they agree in advance to be responsible for their own actions.

11.6.Intellectual Property Rights

11.6.1.All content created by Obilet, including but not limited to the design of the Platform, images, HTML code, brands, and logos belong to Obilet. Users may not use, share, distribute, display, exhibit, reproduce, or make derivative works of Obilet's products subject to intellectual and/or industrial property rights.

11.6.2.Users accept and undertake that they will not reproduce, copy, distribute, or process any content, including electronic text, visual and audio images, video clips, files, databases, catalogs, and lists on the Platform, and that they will not compete directly and/or indirectly with Obilet either directly and/or indirectly with these actions or in other ways. In this context, it is forbidden to copy, reproduce, transmit, process, and display the contents and interface on other websites and/or media without the written consent of Obilet. Any content accessed and/or viewed through the Platform cannot be used and viewed by third parties in any environment, especially on the internet, without the prior and written consent of Obilet; otherwise, it shall constitute unlawful use.

11.6.3.Access to the database where the content accessed and/or viewed through the Platform is stored by third parties only to view the relevant content and/or in the manner and scope permitted by Obilet is considered legal. Any other access shall be unlawful. The database and all or part of the information contained in the database cannot be copied, or transferred to other databases and cannot be opened to the access and use of third parties from these databases without the prior and written consent of Obilet.

11.6.4.Extensive extraction of information from the database to obtain the content accessed and/or viewed through the Platform is prohibited. Obilet may exercise its legal rights to penalize people who do not comply with this prohibition in accordance with the legislation in force due to the act of "unauthorized access to the information system".

11.7. Disclaimer of Liability

11.7.1.Obilet does not give any guarantee about the service provided. Obilet gives no guarantee or representation that the Obilet or the technology (servers) on which it is presented and supported will be error-free or flawless, or that the information published on this platform is free of viruses or anything with contaminating or destructive properties. Obilet and Obilet's partners, employees, or content providers shall not be held liable for any possible errors and unintentional omissions, defects, or lack of information that may arise on the Platform, regardless of the cause and duration, and for any damages that may occur due to interruption or delay suffered by Users. All such entities or persons shall not be liable for third-party claims for damages, punitive damages, or consequential damages.

11.7.2.Obilet shall not be liable for the absence of any feature promised to CUSTOMER in return for the price paid by CUSTOMER within the scope of the car rental service, for the photographs in the advertisements and the vehicle specifications written do not reflect the truth and/or CAR RENTAL COMPANY does not have the vehicles with the specifications they have indicated in their stocks, for any reason that arises during the use of the car rental service, and for any loss or damage caused by communication interruption, computer virus and any dispute that may arise between them, including but not limited to these, and accepts and undertakes that any damages arising from damages and violations of rights shall not be recourse to Obilet.

11.8. Obilet reserves the right to change the information, forms, content of any kind, terms of use, and privacy policy on the Platform at any time within the scope of developing conditions without any notice. Obilet may make new additions to this Agreement and/or Rental Conditions at any time, including adding a service fee. These additions, changes, modifications, arrangements, or cancellations will be published on Obilet.com once announced. By using Obilet, CUSTOMER is deemed to have accepted these possible changes and regulations.

ARTICLE 12- FORCE MAJEURE AND SIMILAR CIRCUMSTANCES

12.1.Delay, accident, detention, injury, war, insurrection, civil commotion, extraordinary natural events, earthquake, landslide, fire, flood, epidemic, disease, strike, lockout, riot, legislative changes, governmental decisions and/or actions arising from unforeseen and unavoidable conditions or causes beyond the control, will, intent or fault of the Parties; will be considered as force majeure.

12.2.The CUSTOMER accepts and undertakes in advance and irrevocably that the INTERMEDIARY SERVICE PROVIDER Obilet, which provides online transaction services, is not responsible for any force majeure, extraordinary circumstances, accidents, loss of property or life and similar events that may occur before, after or during the rental period regarding the car rental service carried out through Obilet's sales channels, and that it does not incur any material and moral liability.

ARTICLE 13 - OTHER PROVISIONS

13.1.Parties accept, declare, and undertake that Obilet's books, records, information documents, server records, computer records, e-mail and/or SMS records sent by Obilet, all digital evidence, electronic correspondence records, Live Support and/or Call Center call records will be accepted as written evidence by law in disputes arising from this Agreement. 

13.2.The headings set out in this Agreement are for convenience only and have no direct effect on the content of the clauses.

13.3. If individual provisions of this Agreement are or become invalid, this shall not affect the validity of the other provisions of the Agreement. The provisions of the relevant legislation shall apply to the matters that become invalid or are not included in the Agreement.

13.4.Obilet's failure to use and/or late use of its rights arising from this Agreement and/or applicable legislation cannot be interpreted as a waiver of such right.

ARTICLE 14- SETTLEMENT OF DISPUTES AND COMPETENT COURT