Distance Sales Contract

ARTICLE 1 – PARTIES

1.1. SERVICE PROVIDER / PLATFORM OPERATOR

Trade Name: ARABA KİRALA TEKNOLOJİ A.Ş.

Brand: Araba Kirala

Website: https://www.arabakirala.com.tr

Registered Office Address: Cumhuriyet Mah. Dervis Eroglu Cad. No:1/1 Beylikduzu - ISTANBUL

MERSIS Number: 0071092458600001

Tax Office / Tax Identification Number: Beylikdüzü - 0710924586

Telephone: +90 850 307 66 55

Email: info@arabakirala.com.tr

Hereinafter referred to as "ARABA KİRALA" or the "PLATFORM".

1.2. SERVICE RECIPIENT / RENTER

Full Name / Trade Name: [Information provided during reservation]

Turkish Identity / Foreign Identity / Tax Number: [Relevant information]

Telephone: [Telephone number]

Email: [Email address]

Address: [Address information]

Hereinafter referred to as the "CUSTOMER" or the "RENTER".

1.3. VEHICLE SUPPLIER / RENTAL COMPANY

If the vehicle subject to the rental is provided by a contracted supplier other than ARABA KİRALA, the trade name, contact information, rental conditions and contractual capacity of the relevant supplier shall be communicated to the CUSTOMER before the reservation.

If ARABA KİRALA directly provides the rental service, the capacities of service provider and rental company shall be combined within ARABA KİRALA.

ARTICLE 2 – SUBJECT AND SCOPE OF THE AGREEMENT

2.1. This Agreement governs the rights and obligations of the parties concerning vehicle searches, price displays, vehicle selection, reservation creation, online payments, management of rental transactions and the provision of related services through the website arabakirala.com.tr and associated electronic platforms operated by ARABA KİRALA.

2.2. Transactions carried out through the Platform do not constitute the sale of physical goods involving the transfer of ownership, but rather vehicle rental services intended to provide the use of a motor vehicle for a specified period.

2.3. ARABA KİRALA may provide rental services directly using its own vehicles or offer vehicles belonging to contracted vehicle rental companies through its Platform, facilitate reservation transactions and collect payments within the scope of its authorization.

2.4. Depending on whether the service is provided directly or through a supplier, the responsibilities of the parties shall be determined in accordance with the service provider information disclosed to the CUSTOMER before the reservation and the applicable legislation.

2.5. This Agreement shall be considered together with the pre-contractual information, reservation summary, vehicle rental terms, pricing and cancellation-refund conditions presented to the CUSTOMER during the reservation process.

2.6. Vehicle rental agreements, vehicle delivery reports, coverage conditions and similar documents separately issued before or during vehicle delivery shall constitute supplementary documents of the relevant rental relationship, provided that they do not conflict with mandatory legal provisions.

ARTICLE 3 – LEGAL BASIS

3.1. This Agreement has been prepared within the framework of the following legislation, to the extent applicable:

  • Law No. 6502 on Consumer Protection,
  • Regulation on Distance Contracts,
  • Turkish Code of Obligations No. 6098,
  • Law No. 6563 on the Regulation of Electronic Commerce,
  • Law No. 5464 on Bank Cards and Credit Cards,
  • Law No. 6698 on the Protection of Personal Data,
  • Highway Traffic Law No. 2918,
  • Regulation on the Rental of Motor Land Vehicles, to the extent applicable as of its effective date,
  • Other relevant legislation.

3.2. No provision of this Agreement may be interpreted as eliminating or restricting rights granted to consumers under mandatory legislation.

3.3. For rentals undertaken for commercial or professional purposes, where consumer protection legislation does not apply due to the nature of the transaction, general legal provisions and valid commercial contractual terms between the parties shall apply.

ARTICLE 4 – VEHICLE SEARCH AND RESERVATION PROCESS

4.1. The CUSTOMER searches for vehicles through arabakirala.com.tr by selecting the vehicle pick-up and return locations, rental start and end dates, times and other information requested by the system.

4.2. Available vehicles, vehicle classes, rental periods, prices and optional additional services are displayed according to the selected criteria.

4.3. Vehicles offered on the Platform may include vehicles belonging to ARABA KİRALA or vehicles supplied by contracted suppliers.

4.4. After selecting the desired vehicle or vehicle group, the CUSTOMER enters the information required to complete the reservation.

4.5. Before the reservation is confirmed in a manner that creates a payment obligation, the CUSTOMER is shown the rental price, taxes, selected additional services, any applicable deposit, payment conditions, vehicle delivery information and reservation terms.

4.6. The CUSTOMER is responsible for reviewing the reservation information displayed before payment and correcting any inaccurate information.

4.7. Final confirmation of the reservation request is subject to successful completion of the payment transaction and confirmation of the relevant reservation by the system. However, obligations arising under applicable legislation in relation to reservations for which advance payments are collected shall remain reserved.

4.8. Following completion of the reservation, the reservation number, rental details, payment information and applicable terms shall be communicated to the CUSTOMER electronically.

ARTICLE 5 – ESSENTIAL CHARACTERISTICS OF THE RENTAL SERVICE

5.1. The essential characteristics of the rental service shall be presented to the CUSTOMER during the reservation process under the following headings:

  • Vehicle make, model or vehicle group,
  • Transmission type and fuel/energy type,
  • Rental start and end dates,
  • Vehicle pick-up and return locations,
  • Rental period,
  • Total rental price,
  • Included services and coverage,
  • Mileage conditions,
  • Deposit and any pre-authorization,
  • Additional driver and other optional services,
  • Driver eligibility requirements at vehicle collection,
  • Reservation cancellation and modification conditions.

5.2. Where a specific make or model is not expressly guaranteed, the vehicle group or category may be taken as the basis of the reservation.

5.3. If the reserved vehicle group cannot be supplied, an equivalent or higher-category vehicle may be offered, without prejudice to the CUSTOMER's rights under applicable legislation.

5.4. Providing a vehicle from a lower category is subject to prior notification to and express approval by the CUSTOMER. Where applicable, the price difference shall be refunded, or the CUSTOMER may exercise their statutory rights.

ARTICLE 6 – SERVICE FEES AND PRICING

6.1. The total rental price shall be determined according to the rental period, vehicle group, delivery location, scope of services and optional additional services selected by the CUSTOMER.

6.2. The total rental price, including all applicable taxes, shall be clearly and comprehensibly displayed before the CUSTOMER assumes a payment obligation.

6.3. Paid additional services not included in the basic rental price shall be charged only where the CUSTOMER has been separately informed and has given express approval.

6.4. Additional services may not be deemed automatically selected without the CUSTOMER's express approval, and the CUSTOMER may not be charged for such services without that approval.

6.5. Mandatory insurance and coverage services included in the rental price may not be offered to the CUSTOMER as separately payable compulsory products where prohibited by applicable legislation.

6.6. Charges arising after the reservation, including traffic fines, motorway and bridge tolls, excess mileage, fuel/energy replenishment and similar costs, may be requested only under conditions permitted by law and previously disclosed to the CUSTOMER.

6.7. No additional commission or similar charge may be imposed on the cardholder solely for payment by debit or credit card in violation of Article 17 of Law No. 5464.

ARTICLE 7 – ONLINE PAYMENT AND VIRTUAL POS TRANSACTIONS

7.1. The CUSTOMER may pay the reservation amount using debit cards, credit cards or other accepted payment methods available on the Platform.

7.2. Online card payment transactions may be processed through virtual POS and secure payment infrastructures provided by banks and authorized payment institutions contracted with ARABA KİRALA.

7.3. 3D Secure and other identity verification methods provided by banks may be used for card payments.

7.4. Authorization of the cardholder during payment shall be carried out in accordance with the security and authentication procedures of the relevant bank or payment institution.

7.5. ARABA KİRALA shall comply with applicable legislation and relevant payment system rules concerning card and transaction security.

7.6. The CUSTOMER is responsible for using only cards or payment instruments that they are legally authorized to use.

7.7. If the cardholder is different from the RENTER, the rental company's driver, payment and identity verification requirements may additionally apply. Such requirements shall be communicated to the CUSTOMER before the reservation.

7.8. Payments rejected by the bank, failing security authentication or unsuccessful due to technical reasons shall not be considered successfully collected payments.

7.9. In the event of duplicate collection for the same transaction, the necessary checks shall be performed and the excess amount collected shall be refunded to the relevant payment instrument.

7.10. A bank pre-authorization is different from a final payment collection, and release of the pre-authorization may also depend on the procedures of the card-issuing bank.

7.11. Applicable data security standards shall be followed when processing and storing payment information. The CUSTOMER shall not be required to disclose any one-time authentication password sent by the bank to ARABA KİRALA personnel.

ARTICLE 8 – RESERVATION CONFIRMATION AND PERFORMANCE OF THE SERVICE

8.1. The reservation concerns the provision of a rental service for the selected vehicle or vehicle group during the specified dates.

8.2. Reservation confirmation shall be sent electronically to the contact information provided by the CUSTOMER.

8.3. ARABA KİRALA and the relevant rental company shall perform the activities within their respective areas of responsibility to ensure proper fulfillment of the reservation.

8.4. Vehicle delivery shall take place at the location and time specified in the reservation, in accordance with the operational arrangements of the rental company.

8.5. Before vehicle delivery, the rental company may verify the RENTER's driving license, identity information and objective rental eligibility criteria disclosed during the reservation process.

8.6. Requirements regarding driver age, driving license validity period, payment instruments and similar matters must be available for the CUSTOMER to review before making the reservation.

8.7. The CUSTOMER's rights may not be eliminated on the basis of conditions that are unlawful or have not been adequately disclosed in advance.

8.8. If the rental service cannot be provided for reasons attributable to the service provider, the CUSTOMER's contractual and statutory rights to refunds, termination and other remedies shall remain reserved.

ARTICLE 9 – VEHICLE DELIVERY AND RENTAL CONDITIONS

9.1. The RENTER must present a valid driving license and identification documents at the time of vehicle delivery.

9.2. Existing vehicle damage, mileage, fuel/energy level and other necessary information shall be recorded in a vehicle delivery document.

9.3. A copy of the vehicle delivery document shall be provided to the RENTER or sent electronically.

9.4. The RENTER is responsible for using the vehicle throughout the rental period in accordance with traffic regulations, its intended purpose and the relevant rental agreement.

9.5. Liability that may be imposed on the RENTER for damage, losses, missing fuel/energy, excess mileage and similar matters shall be subject to applicable legislation, valid coverage conditions and documented findings.

9.6. No unlawful charges may be imposed for circumstances for which the RENTER is not legally responsible or which arise from normal use.

9.7. Vehicle return procedures shall be carried out in accordance with the period, location and conditions specified in the relevant rental agreement.

ARTICLE 10 – SECURITY DEPOSIT AND PRE-AUTHORIZATION

10.1. Depending on the nature of the rental service and vehicle category, a security deposit or card pre-authorization may be required from the CUSTOMER.

10.2. The deposit amount, collection method, refund conditions and circumstances in which deductions may be made shall be disclosed to the CUSTOMER before completion of the rental transaction.

10.3. The security deposit may be used, separately from the rental price, as security for financial obligations arising under the Agreement that may lawfully be imposed on the CUSTOMER.

10.4. Deductions from the security deposit shall be limited to circumstances permitted by applicable legislation and shall, to the extent possible, be supported by documents and specific findings.

10.5. Refunds of the full deposit or remaining balance shall be processed within the applicable statutory periods.

10.6. Release of a pre-authorization placed on a debit or credit card may appear in account activity at different times depending on the relevant bank's procedures. This does not eliminate the service provider's obligation to initiate the necessary refund or release of the authorization within the statutory period.

10.7. The security deposit is not included in the rental price unless separately and expressly agreed.

ARTICLE 11 – RIGHT OF WITHDRAWAL AND LEGAL EXCEPTION

11.1. This Agreement concerns vehicle rental services agreed to be performed on a specific date or during a specified period.

11.2. Pursuant to Article 15, paragraph 1(g), of the Regulation on Distance Contracts, vehicle rental agreements to be performed on a specific date or during a specified period fall within the exception to the fourteen-day right of withdrawal without giving any reason, unless otherwise agreed by the parties.

11.3. Accordingly, the CUSTOMER may not exercise the statutory fourteen-day right of withdrawal solely on the grounds that the reservation was concluded as a distance contract where this exception applies.

11.4. However, this provision does not eliminate rights concerning reservation cancellation, breach of contract, defective services, non-performance or improper performance of the service, or other refund and termination rights provided by applicable legislation.

11.5. Cancellation and refund requests shall be assessed in accordance with the conditions disclosed for the relevant reservation and applicable legislation.

ARTICLE 12 – RESERVATION CANCELLATION AND MODIFICATION

12.1. The CUSTOMER may submit cancellation or modification requests through the methods available on the Platform or the customer service channels published by ARABA KİRALA.

12.2. Reservation cancellations and modifications shall be governed by mandatory legislation in effect on the transaction date and by valid conditions disclosed to the CUSTOMER before the reservation.

12.3. When assessing a reservation modification request, availability and price differences for the newly selected date, location or vehicle group shall be communicated to the CUSTOMER.

12.4. No additional payment or price difference shall be collected without the CUSTOMER's approval.

12.5. Where a cancellation fee may apply, that fee must have been clearly disclosed before the reservation was created and must not exceed the limits established by applicable legislation.

12.6. No cancellation penalty may be imposed on the CUSTOMER where cancellation results from the rental company's unjustified failure to perform its contractual obligations.

12.7. Amounts refundable to the CUSTOMER following cancellation shall be refunded within the periods and by the methods required under applicable legislation.

12.8. For rentals arranged through suppliers, ARABA KİRALA shall manage the forwarding of cancellation requests to the relevant rental company and the communication of information to the CUSTOMER, without prejudice to its legal responsibilities.

12.9. Statutory refund rights shall remain reserved where a reservation is cancelled, the service is not provided or the service is not performed under the conditions promised to the CUSTOMER.

ARTICLE 13 – FAILURE TO COLLECT THE VEHICLE

13.1. If the CUSTOMER fails to collect the vehicle at the date and time specified in the reservation, the relevant rental company's waiting and reservation conditions that comply with applicable legislation shall apply.

13.2. Any deductions arising from the CUSTOMER's failure to collect the vehicle shall be subject to previously disclosed contractual conditions and applicable statutory limits.

13.3. Relevant legislation shall remain applicable where the CUSTOMER has a justified reason or where failure to deliver the vehicle results from circumstances attributable to the service provider.

13.4. The conditions of any cancellation or failure to collect the vehicle before delivery shall be assessed according to the circumstances of the specific case.

ARTICLE 14 – PAYMENT REFUNDS

14.1. Where a right to a refund arises, the relevant amount shall be refunded to the card used for payment or by another legally appropriate payment method in accordance with applicable legislation.

14.2. Refunds involving debit and credit cards shall be processed through the systems of the relevant bank or payment institution.

14.3. The date on which ARABA KİRALA processes the refund and the date on which the amount becomes visible in the CUSTOMER's card account may differ due to banking procedures.

14.4. The time required for the bank to credit a refund to the card does not eliminate ARABA KİRALA's responsibility to fulfill its statutory refund obligations on time.

14.5. Taxes and service fees that must be refunded under the applicable cancellation conditions or relevant legislation shall be included in the total refund calculation.

14.6. Where a refund request is rejected or only a partial refund is granted, the reasons for that decision shall be communicated to the CUSTOMER.

ARTICLE 15 – EXPIRATION AND TERMINATION OF THE AGREEMENT

15.1. This Agreement shall terminate, according to its nature, upon completion of the obligations concerning the reservation transaction and conclusion of the relevant service.

15.2. The rental company or ARABA KİRALA may exercise termination rights where justified grounds expressly provided for in the Agreement exist and applicable legislation permits such termination.

15.3. Where the RENTER fails to satisfy driving license requirements, submits fraudulent documents, cannot complete legally valid identity verification or where another circumstance objectively prevents performance of the rental service, the matter shall be handled in accordance with applicable legislation, taking into account whether the relevant conditions were disclosed in advance.

15.4. Upon termination of the Agreement, the parties' existing rights concerning receivables, refunds, compensation and other statutory remedies shall remain reserved.

ARTICLE 16 – RESPONSIBILITIES

16.1. ARABA KİRALA shall be responsible under applicable legislation for services it provides directly and for reservation and payment transactions managed through the Platform.

16.2. Where rental services are provided by contracted suppliers, the responsibilities of the vehicle rental company and those of ARABA KİRALA arising from its intermediary and payment collection activities shall be assessed separately.

16.3. Where ARABA KİRALA acts as an intermediary service provider, any responsibilities arising under consumer protection legislation and other applicable legislation shall remain reserved.

16.4. No provision may be applied in a manner that completely eliminates the responsibility of ARABA KİRALA or the relevant supplier arising from fault or law.

16.5. The CUSTOMER is responsible for ensuring that information submitted during the reservation process is accurate and up to date.

16.6. The parties agree to act in accordance with the principle of good faith throughout the performance of the service.

ARTICLE 17 – PROTECTION OF PERSONAL DATA

17.1. Personal data processed in connection with reservation and vehicle rental transactions shall be handled in accordance with Law No. 6698 on the Protection of Personal Data and relevant legislation.

17.2. Personal data may be processed for reservation creation, identity and driving license verification, payment processing, fulfillment of legal obligations and provision of services, subject to appropriate legal grounds for processing.

17.3. Detailed information regarding the processing of the CUSTOMER's personal data is provided in the Personal Data Protection Notice published on the Platform.

17.4. Transfers of personal data to contracted suppliers, payment institutions or competent authorities as required by law shall be carried out in accordance with applicable legal requirements.

17.5. Where legally required, necessary permissions for marketing and commercial electronic communications shall be obtained separately. Acceptance of this Agreement alone shall not constitute consent to receive commercial communications.

ARTICLE 18 – ELECTRONIC CONCLUSION OF THE AGREEMENT

18.1. During the reservation process, the CUSTOMER shall have the opportunity to review the pre-contractual information, distance service agreement, rental terms and payment details electronically.

18.2. Electronic approval of the relevant agreements and pre-contractual information by the CUSTOMER enables the presentation of such information and the corresponding declarations of acceptance to be recorded electronically.

18.3. The date, time, reservation number, agreement version and relevant technical records concerning the approval may be retained in accordance with applicable legislation.

18.4. Reservation and contractual records created electronically may be used as evidence in the resolution of disputes in accordance with applicable legislation.

18.5. The CUSTOMER's statutory rights of objection, proof and legal recourse shall remain reserved.

18.6. Electronic approval of this Agreement shall not constitute the establishment of an independent paid membership or subscription relationship unless separately accepted by the CUSTOMER.

ARTICLE 19 – PRE-CONTRACTUAL INFORMATION AND PAYMENT CONFIRMATION

19.1. During the reservation process, the CUSTOMER shall be informed of the following:

  • Identity and contact details of the service provider,
  • Essential characteristics of the rental service,
  • Total payment amount,
  • Taxes and additional costs,
  • Vehicle delivery date and location,
  • Rental period,
  • Reservation cancellation and refund conditions,
  • Circumstances in which the right of withdrawal does not apply,
  • Complaint and dispute resolution procedures.

19.2. Immediately before the final confirmation step creating a payment obligation, the total payable amount and reservation summary shall be displayed to the CUSTOMER.

19.3. It shall be clearly stated that confirmation of the reservation creates a payment obligation.

19.4. Proper provision of the required pre-contractual information and obtaining necessary approvals shall be the responsibility of ARABA KİRALA or the relevant service provider involved in the transaction.

19.5. Documents confirming the reservation and contractual information shall be delivered to the CUSTOMER electronically as required by applicable legislation.

ARTICLE 20 – FORCE MAJEURE

20.1. Natural disasters, wars, epidemics, decisions of public authorities, transportation disruptions and other force majeure events occurring beyond the control of the parties and which could not be reasonably foreseen or prevented shall be evaluated according to the circumstances of each case.

20.2. Where the service cannot be performed due to force majeure, the CUSTOMER shall be informed as soon as reasonably possible.

20.3. The occurrence of force majeure shall not automatically eliminate the CUSTOMER's statutory rights to refunds, termination or other remedies.

ARTICLE 21 – APPLICATIONS, COMPLAINTS AND DISPUTE RESOLUTION

21.1. The CUSTOMER may submit requests, complaints and objections relating to the reservation and rental service through the contact channels published on ARABA KİRALA's website.

21.2. The parties shall initially seek to resolve disputes through mutual communication.

21.3. In disputes qualifying as consumer transactions, the CUSTOMER may apply to the competent Consumer Arbitration Committee within the applicable monetary limits and jurisdictional rules, or to the Consumer Court following any legally required mediation procedures.

21.4. The CUSTOMER's right to apply to legally competent courts and authorities may not be restricted by this Agreement.

21.5. For commercial disputes that do not qualify as consumer transactions, the competent courts shall be determined in accordance with applicable legislation and any valid jurisdiction agreements between the parties.

ARTICLE 22 – ENTIRE AGREEMENT AND ENTRY INTO FORCE

22.1. This Agreement shall apply together with the reservation summary, valid pre-contractual information, relevant rental conditions and additional service terms approved by the CUSTOMER.

22.2. The invalidity of any provision of this Agreement shall not automatically affect the validity of its remaining provisions.

22.3. Where any provision of this Agreement conflicts with mandatory legislation, the relevant legal provisions shall prevail.

22.4. This Agreement shall take effect in relation to the relevant reservation when presented to the CUSTOMER electronically and the required valid acceptance and approval procedures have been completed.

22.5. Updates to this Agreement shall not retroactively modify the terms of previously concluded agreements in a manner contrary to applicable legislation or the rights of the parties.


RESERVATION-SPECIFIC INFORMATION

The following information shall be generated by the system for each reservation and presented to the CUSTOMER together with this Agreement.

Information Reservation-Specific Value
Reservation Number [Reservation Number]
Customer [Full Name / Trade Name]
Rental Company [Trade Name]
Vehicle / Category [Vehicle Group]
Pick-up Location [Location]
Pick-up Date and Time [Date / Time]
Return Location [Location]
Return Date and Time [Date / Time]
Rental Period [Days / Hours]
Rental Price [Amount]
Selected Additional Services [Services and Fees]
Deposit / Pre-authorization [Amount / Method]
Total Including Taxes [Total Amount]
Payment Method [Payment Type]
Cancellation and Refund Conditions [Applicable Reservation Conditions]

SERVICE PROVIDER

ARABA KİRALA TEKNOLOJİ A.Ş.

https://www.arabakirala.com.tr

Agreement Version: 1.0

Agreement Date: 05.01.2025

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