Terms & Conditions

Terms & Conditions

www.cararental.com


THE AGREEMENT: The use of this website and services on this website provided by Cararental (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").

1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Cararental, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.

b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.

c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.

2) ASSENT & ACCEPTANCE

By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.

3) AGE RESTRICTION

You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.

4) LICENSE TO USE WEBSITE

The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services ("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.

5) INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

6) USER OBLIGATIONS

As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

7) ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.

a) You further agree not to use the Website or Services:

I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;

II) To violate any intellectual property rights of the Company or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.

8) SALES

The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.

9) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;

b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

10) DATA LOSS

The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

11) INDEMNIFICATION

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

12) SPAM POLICY

You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

13) THIRD-PARTY LINKS & CONTENT

The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.

14) MODIFICATION & VARIATION

The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.

c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.

15) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

16) SERVICE INTERRUPTIONS

The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

17) TERM, TERMINATION & SUSPENSION

The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

18) NO WARRANTIES

You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.

19) LIMITATION ON LIABILITY

The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

20) GENERAL PROVISIONS:

a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of Turkey shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Turkey, Istanbul. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Turkey. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Istanbul. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.

e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: info@cararental.com.

Rental Agreement: 

In the current Rental Agreement, the Renter is the person renting the Vehicle specified in the Agreement (hereinafter referred to as the Vehicle) from the Rental Company Cararental (hereinafter referred to as the Company).

1.    Definitions, Substance of the Agreement and Object of Regulation

1.1. The following abbreviations and definitions are used hereinafter in the Agreement:

1.1.1. The Terms and Conditions – the present standard terms or conditions of rent of the Vehicle which are the basis for rent and use of the Vehicle;

1.1.2. The Car Hire Company – the company stated on the front page of the Agreement;

1.1.3. The Renter – the person stated on the front page of the Agreement, who received the Vehicle for use from the Car Hire Company according to the present Agreement;

1.1.4. The Agreement – the rental agreement concluded between the Car Hire Company and the Renter, which consists of the present Terms and Conditions and the special terms and conditions stated on the front page; 

1.1.5. The Vehicle – the Vehicle stated on the front page of the Agreement, the right of use of which belongs to the Car Hire Company, and which the Car Hire Company provides to the Renter for use according to the Agreement.

1.2. The present Terms and Conditions establish the rights and obligations of the Renter during the use of the Vehicle. The Renter is aware that the right of use of the Vehicle belongs to the Car Hire Company, and that the Renter does not have powers for transfer of the rights and obligations accepted by him or her by the conclusion of the Agreement to third persons (among other, for transfer of the right to the Vehicle). Rent or transfer of the Vehicle to third persons is permitted only based on a prior written agreement with the Car Hire Company. The Car Hire Company allows the Renter to use the Vehicle by the present Terms and Conditions.

1.3. The Car Hire Company makes the present Terms and Conditions available to the Renter not later than at the time of the conclusion of the Agreement. By signature of the Agreement, or by using booking method on Cararental website/apps, the Renter confirms and the Renter has read and understood the present Terms and Conditions, and that the Renter undertakes to comply with them.

1.4. The Agreement is concluded for use of one Vehicle during the period stated in the Agreement and until the return of the Vehicle into direct possession of the Car Hire Company ("the period of rent”). Provisions of the Terms and Conditions do not become invalid following the return of the Vehicle if their continued validity arises from their substance.

1.5. The renter is agreed to use the car during his/her rented period to the purpose he/she rented for, which is using the Vehicle inside the city/cities in Turkey.  

2.    Conditions of Use of the Vehicle

2.1. According to the Agreement, only the Renter and/or other persons who were included in the Agreement by Cararental as additional drivers are allowed to drive the vehicle. The Renter and the additional driver stated in the Agreement must possess a driver's license valid in Turkey (not the initial driver's license), and he or she must have at least 2 years of driving experience and be at least 20 years of age. Driving of the vehicle is prohibited for the person (including the Renter):

2.1.1. Who does not comply with the requirements established by Cararental or by the law regarding the validity of the driver’s license, age of the person and/or other possible restrictions;

2.1.2. who is under influence of alcoholic, narcotic, or other substances, which impede consciousness and delay reaction ("state of intoxication”), or who is too tired, or whose health condition does not correspond to the requirements arising from the law.

2.2. The Renter is responsible for prudent use and careful driving of the Vehicle, and he or she undertakes to use the Vehicle only according to its designated purposes. Cararental reserves the right to return the Vehicle into its direct possession at any time if the Renter does not perform the Terms and Conditions of the Agreement.

2.3. When leaving the vehicle, the Renter undertakes to lock the Vehicle and to turn on the alarm system, if the vehicle is equipped with it. The Vehicle must be parked in a place designated for parking. If the vehicle is equipped with a removable GPS device, the driver must take the device with him or her when leaving the vehicle and keep it in a secure place. The Renter must not leave valuable items at a visible place in the vehicle. Safety belts and the child-restraint seat must be used according to the legal instruments applicable in the country where the Vehicle is used, and the Renter is responsible for correct installation and use of safety equipment.

2.4. The Renter undertakes to use fuel that is suitable for the Vehicle, and if a warning indicator is lit when the vehicle is started, to check the level of oil and other liquids, and to contact a representative of Cararental. If the vehicle gets into a traffic accident or starts to malfunction, Cararental has to be immediately informed thereof via telephone. The Vehicle can be taken to a service or repair shop only under prior permission of Cararental. It is also forbidden for the Renter to repair the Vehicle on his or her own, need to get permission by Cararental before repair the Vehicle.

2.5. It is forbidden to use the Vehicle:

2.5.1. for the transport of more people than permitted in the registration certificate or technical specification of the Vehicle;

2.5.2. for the transport of a load that is heavier than permitted in the registration certificate or technical specification of the Vehicle;

2.5.3. for pushing or towing other vehicles (including trailers) or other objects;

2.5.4. for driving in off-road conditions or on roads that are not designated for the Vehicle;

2.5.5. for the transport of items that have not been properly attached and fixed;

2.5.6. for the transport of items, transport of which damages the Vehicle of the interior of the Vehicle, or makes it impossible to immediately provide the Vehicle for rent again (including, for example, smell, smoke, strong stains, dirty cabin, scratched parts, etc.);

2.5.7. for participation in rallies, test drives and competitions;

2.5.8. in breach of the Traffic Act and other legal instruments in force;

2.5.9. for actions contrary to the law;

2.5.10. for sub-renting;

2.5.11. for driving in areas where traffic is prohibited;

2.5.12. for practice driving;

2.5.13. for provision of a taxi or shared travel services;

2.5.14. for the transport of animals.

2.5.15. for goods delivery.

2.6. When concluding the Agreement, the Renter undertakes to inform Cararental of the length of his or her travel route. The Vehicle can be used only in the territory of Turkey if the Agreement does not include a note permitting crossing of the state border. In case of breach of this restriction the Renter is fully liable towards Cararental for any damage caused to the Vehicle and/or its parts, and/or damage or injury caused to third persons, including for the costs of return of the Vehicle to Turkey. Application of the limitations of liability described in Section 4.2. does not release the Renter from such liability.

2.7. Smoking, consumption of alcoholic drinks, and other narcotic substances in the Vehicle are prohibited.

2.8. The Renter is aware that a GPS search system is installed in the Vehicle, allowing Cararental, if necessary, to identify location and speed of the Vehicle, activate its alarm system, activate blinking hazard lights, and shut down the engine during the trip. Cararental has the right to search for the vehicle that was not returned by the due time using the GPS search system, and, if necessary, to prevent its further movement and communicate the information regarding the location of the Vehicle received through the search system to the police, to the owner of the Vehicle, to the insurer, and, if necessary, to authorized partners of Cararental used by Cararental for searching for Vehicles.

2.8.1. During the effective period of the Agreement, Cararental does not use the GPS search system of the Vehicle and does not monitor the movement of the vehicle, unless it has a legitimate reason to suspect or it has received information that the Renter has materially breached the Agreement (for example the Vehicle is in a country which it is not allowed to enter according to the Agreement), or if it is required by the police or any other institution/insurer of the Vehicle/owner of the Vehicle.

3.    Transfer and Return of the Vehicle

3.1. Cararental transfer to the Renter the Vehicle in an operating condition together with documents required for driving. The documents required for driving include documents that are required for use of the Vehicle by law, according to the information provided by the Renter to Cara Rental during the booking of the Vehicle. Usually, the documents required for driving are a copy of the registration certificate and the Agreement.

3.2. The Renter undertakes to return the Vehicle to Cararental in the place, on the date and at the clock time stated in the Agreement, and the Vehicle must be equipped in the same way and have the same documents as at the time of transfer of the Vehicle to the Renter.

3.3. Cararental has the right to the early cancellation of the Agreement if it discovers that the Renter has materially breached the Terms and Conditions of the Contract, or submitted incorrect information to Cara Rental when he or she rented the Vehicle or does not manage to properly use the Vehicle. If Cara Rental demands early termination of the Agreement on the grounds described in the present Section, the Renter undertakes to immediately return the Vehicle to Cara Rental.

3.4. The Renter checks the condition of the vehicle when it is transferred by Cararental, and the Renter confirms with his or her signature on the front page of the Agreement that the Vehicle corresponds to descriptions provided in the Agreement. If the Renter identifies differences between descriptions provided in the Agreement and the actual condition of the vehicle, the renter must let Cara Rental make respective notes in the Agreement. During the period of rent, the renter is responsible for prudent use of the Vehicle, for careful driving, for additional equipment and documents required for driving, as well as for regular cleaning of the Vehicle during the period of rent.

3.5. The Renter undertakes to return the Vehicle to the office of Cararental stated in the Agreement during its business hours. During the business hours, the Renter has the right to demand from Cara Rental to inspect the Vehicle and record new faults. If the Renter waives this right, the Renter is responsible for the Vehicle until the time when Cara Rental performs inspection of the Vehicle and takes it into its direct possession. If the Renter returns the Vehicle outside the business hours, the Renter must observe the rules of return of Vehicles outside the business hours effective in the given Car Hire Company. In case of return outside the business hours or in case of return of the keys and the documents to the "key box”, the Renter is responsible for the Vehicle until the time when direct possession of the Vehicle was accepted by Cara Rental. Direct possession of the Vehicle is deemed as having been accepted by Cara Rental if Cara Rental received the keys of the vehicle and had an opportunity to inspect the vehicle (not later than within 72 hours after the time of the return of the Vehicle stated in the Agreement).

3.6. If the Renter and Cararental agreed that the Vehicle will be returned in a place other than the office of Cara Rental, the Renter is responsible for the Vehicle and bears all possible costs related to the Vehicle until the time when Cara Rental accepted the Vehicle into its direct possession.

3.7. If the Renter does not return the Vehicle in the agreed place at the time of return stated in the Agreement, the Renter pays for every starting 24-hour period the rental charge for one day stated in the Agreement (additional days of rent are calculated according to Section 5.3.).

3.8. If the Renter returns the Vehicle, but does not return the documents and/or keys of the Vehicle in the agreed place, the renter pays for every starting 24-hour period the rental charge for one day stated in the Agreement (additional days of rent are calculated according to Section 5.3.), until he or she returns the keys and the documents to the agreed place.

3.9. The Renter undertakes to pay an additional charge for cleaning of the Vehicle, if after the Vehicle is returned Cararental has to use a more thorough cleaning than the standard one. The amount of the additional charge depends on the actual cost of cleaning performed by the service provider selected by Cara Rental at own discretion.

3.10. If the Renter returns the Vehicle having exceeded the agreed mileage limit stated on the front page of the Agreement, the Renter undertakes to pay to Cararental the charge stated on the front page of the Agreement per kilometer exceeding the permitted limit.

3.11. If weather conditions, darkness, place and/or time of the return of the Vehicle do not allow Cararental to discover the loss of parts of the Vehicle, and/or damage caused to the Vehicle and/or to its parts during the period of rent, or if it is harder to make such discovery due to dirty condition of the Vehicle, location of the damage and/or initial location of the missing parts, Cara Rental has the right to demand from the Renter reimbursement of the damage also if such damage is discovered only after acceptance of return the Vehicle. Cara Rental has the right to demand, based on the present Section, reimbursement of only such damage which was discovered not later than within 72 hours after acceptance of the Vehicle, under the condition that during that time the Vehicle was not already rented to another person.

4.    Liability of the Renter

4.1. During the period of rent, the renter is fully liable for damage, theft, and loss of the vehicle and its parts. Parts of the Vehicle also include additional equipment provided together with the Vehicle. The Renter is not liable for damage only in the extent in which such damage is reimbursed to Cararental by the insurer (for example, reimbursements provided by motor third party liability insurance), or for which the Renter is not liable according to the limitation of liability chosen by him or her and stated on the front page of the Agreement or included in the price of rent. If the Renter breaches the Agreement, no limitation of liability is applied, and in such case, the Renter reimburses to Cara Rental all damage incurred by it. If a respective limitation of liability was not chosen or is not applicable due to another reason, the Renter reimburses to Cara Rental, among other, the cost of repair and/or replacement of the Vehicle or its parts, the revenue from rent lost due to repair or replacement of the Vehicle, the costs of parking and removal of the Vehicle, and the resulting administrative costs. Cara Rental has the right to choose at own discretion an insurer or extent of insurance protection, a repair company for the Vehicle, a seller of a replacement Vehicle or parts, or another service provider.

4.2. If the Renter has duly performed all Terms and Conditions of the Agreement, and damage, loss or theft of the Vehicle or its parts was not caused by an unauthorized user or due to negligence or intent of an authorized user (including consumption of alcoholic, narcotic, toxic, psychotropic or other intoxicating substances), the liability of the Renter is limited as follows, provided that limitation of respective liability is stated on the front page of the Agreement.

4.2.1. If the limitations of liability stated in Subsection 4.2. of the Agreement are applicable, the Renter pays excess to Cararental separately for every event.

4.3. The Renter is fully liable for damage caused to the Vehicle due to the inability of the driver to consider the height or clearance of the Vehicle. Application of the limitations of liability described in Section 4.2. does not release the Renter from such liability.

4.4. The limitations of liability described in Section 4.2. do not apply to malfunctions of engine, transmission, and clutch, if they were caused due to the use of the incorrect driving technique. The cause of damage is established by an expert examination performed by the official dealer of the Vehicle in Turkey.

4.5. For every puncture of a tire during the period of rent, the Renter undertakes to pay the penalty according to Section 10.

4.6. For every case of loss of additional equipment provided together with the Vehicle for the period of rent the Renter undertakes to pay the penalty according to Section 10. Application of the limitations of liability described in Section 4.2. does not release the Renter from such obligation.

4.7. The Renter undertakes to pay to Cararental the penalty amounting to the rental charge for the same day, for the downtime caused by temporary inoperability of the Vehicle resulting from the damage caused to the Vehicle due to an accident or other incident that happened due to the Renter’s fault. Downtime is calculated from the day of the accident or the day when the damage was caused, until the day when the Vehicle was taken back into operation.

5.    Charges and Terms of Payment

5.1. The rental charge is the price of the use of the Vehicle under the Terms and Conditions agreed upon at the time of signature of the Agreement. The rental charge includes the rent and charges for additional services (including limitations of liability) that were accepted by the Renter and stated on the front page of the Agreement. All charges are subject to taxation according to the legal instruments of Turkey.

5.2. The rental charge is calculated based on the price of rent effective at the time of booking of the Vehicle or conclusion of the Agreement, together with the prices of services included in the price of rent, and based on the price list for additional services which is available to the Renter on the website and in the office of Cararental. 3.1 The Renter undertakes to perform the terms of validity of the price of rent. The terms of validity of the price include the terms of the period of rent, the minimum duration of rent, available discounts, etc. In case of extension of the Agreement, calculation of the rental charge is based on the price of rent valid at the time of extension, which will apply to the entire period of extension. Booking of the Vehicle does not guarantee that the Renter will receive a specific car model (including color). It only guarantees that the Renter will receive a Vehicle belonging to a vehicle group distinguished based on specific conditions. The Renter can choose a vehicle that is different from the booked vehicle group for an additional charge.

5.3. Days of rent are calculated as 24-hour periods starting from the starting time of the period of rent of the Vehicle. Every following day of rent starts on the next day at the clock time when the Vehicle was provided on the first day, and 20% of the price of rent for one day of rent is added for every kilometer exceeding the permitted limit. If the start of the day of rent is exceeded by more than five hours, the Renter undertakes to pay the entire price of the day of rent.

5.4. If the Renter returns the Vehicle to Cararental before the date stated in the Agreement, the price of rent is calculated according to the prices applicable to a shorter (actual) period of rent stated in the price list.

5.5. Based on the actual use of the Vehicle by the Renter, costs that could not have been foreseen at the start of the period of rent can be added to the rental charge. Such costs include costs related to failure to observe the terms of validity of the price of rent, costs related to failure to observe the time and/or place of return stated in the Agreement, costs related to reimbursement of damage caused to the Vehicle and/or its parts, charge for filling the tank and resulting service charge, costs resulting from the return of the Vehicle outside the business hours and/or office of Cararental, costs of additional cleaning, costs of traffic and parking fines and resulting administration costs, costs arising from breach of the Terms and Conditions of the Agreement, and other costs arising from the use of the Vehicle by the Renter unless Cara Rental and the Renter agreed otherwise. The Renter undertakes to pay all the above costs in full.

5.6. The final monetary obligations of the Renter are established after the return of the Vehicle.

5.7. Deposit is paid by the Renter as earnest money for confirmation of the conclusion of the Agreement and as a security of its performance. Cararental has the right to use the security to offset costs of rent services or other costs arising during the period of rent, or any respective damage.

5.8. Cararental has the right to demand from the Renter payment of the rental charge and the security based on the effective price list.

5.9. By the completion of the booking, the Renter provides to Cararental the right to debit all obligations arising from the Agreement (a rental charge, security) from the credit card, payment card of the Renter, or using another payment method accepted by Cara Rental.

5.10. Cararental has the right to deposit (or pre-authorize) the amount equal to the minimum cost of rent, excess, cost of a full tank, and filling service charge.

5.11. To cancel the booking the Renter must submit an application at the office of Cararental located at the address in Yalova, or send it to the e-mail address info@cararental.

5.12. If the booking is canceled not later than 48 hours before the start of the booking, the cancellation charge is 10% of the cost of the booking, however, not less than the price of rent for one day.

5.13. If the booking is canceled later than 48 hours before the start of the booking, or in case of no-show of the Renter, the cancellation charge is 100% of the cost of the booking, i.e. all prepaid amounts (including security) are not subject to refund in any case.

5.14. If the booking is canceled due to circumstances caused by the Renter (for example, among other, due to absence of the driver’s license and/or other documents, absence of a suitable bank card or funds, submission of incorrect data, etc.), the cancellation charge is 100% of the cost of the booking, i.e. all prepaid amounts are not subject to refund in any case.

6.    Fuel and Mileage Limit

6.1. The Renter undertakes to pay for all fuel consumed by the Vehicle during the period of rent. Cararental undertakes to provide the Vehicle for rent with a full fuel tank unless the Agreement provides otherwise, and the Renter undertakes to return the vehicle with the full fuel tank unless the Agreement provides otherwise. If the tank of the returned vehicle is not full, the renter must pay for the lacking fuel and for filling according to Section 10.1.12.

6.2. The Renter undertakes to observe the mileage limit stated on the front page of the Agreement. In case of failure to observe the mileage limit, the renter must pay the charge for every kilometer exceeding the mileage limit according to Section 10.1.13.

7.    Damage, Accidents, Theft, and Vandalism

7.1. The Renter undertakes to immediately inform Cararental via telephone of any traffic accident, accident, theft, damage to the Vehicle and/or its parts, and/or of any other incident that happened to the Vehicle, and to report such cases to the police if Cararental demands that. In case of a technical malfunction that happened outside the operating time, the Renter must call the car assistance number attached to the documents of the Vehicle and inform Cara Rental thereof at the first opportunity.

7.2. The Renter undertakes to record the names, telephone number, and addresses of participants in the incident and witnesses of the incident (i.e. collection of oral information only is insufficient), and, if possible, to take pictures of the place of the accident, and, in case of a traffic accident, to complete the traffic accident form (located in the glove compartment of the Vehicle), and to forward all information to Cararental at the first opportunity. In case of deformation or heavier damage to the Vehicle, or where towing is necessary, the Renter calls the car assistance number attached to the documents of the Vehicle.

7.3. In case of an accident, theft, and/or vandalism the Renter undertakes to complete and submit to Cararental a statement of accident or theft. The Renter also undertakes to submit to Cararental a signed letter of explanation that includes his or her description of the incident and a copy of the driver’s license. If the Renter fails to submit the required documents, the Renter is liable in the amount of the initial acquisition cost of the Vehicle and other damage resulting from the accident, theft and/or vandalism (in such case neither of the limitations of liability described in Section 4.2. is applicable).

7.4. In case of theft of the vehicle, the renter must transfer to Cararental the keys, a copy of the registration certificate, and other documents of the Vehicle. If the Renter does not submit all required items to Cara Rental or does not comply with other requirements stated in Section 7, neither of the limits of liability described in Section 4.2. releases the Renter from liability, and the Renter undertakes to reimburse to Cararental the initial acquisition cost of the Vehicle and other damage arising from the theft of the Vehicle (including lost profit referred to in Section 4.1.).

7.5. The Renter undertakes to cooperate with Cararental, its insurers and law enforcement authorities in the course of investigation and resolution of legal issues arising from a traffic accident, theft, and/or act of vandalism.

8.    Liability of Cararental

8.1. Cararental is not liable for any losses or damage arising from the rent of the Vehicle caused to the Renter or third persons, except for direct proprietary damage if it was caused by gross negligence or intent of Cararental. Cararental is not liable for indirect damage (including lost profit), damage arising from the rent of the Vehicle, non-proprietary damage, or any other special damage. Among others, Cara Rental is not liable for possible direct or indirect damage caused to the Renter due to the impossibility to use the Vehicle during the period of rent resulting from the malfunction of the vehicle, which is subject to repair according to the warranty provided by the manufacturer of the vehicle. In the given case Cara Rental has the right to provide to the Renter another rental vehicle unless the Renter immediately informs Cara Rental of his or her wish to cancel the Agreement.

8.2. Cararental is not responsible for property and items of the renter, additional drivers, and passengers, that were left in the Vehicle during the period of rent.

9.    Parking and Traffic Fines

9.1. The Renter is fully liable for all traffic and parking fines received during the period of rent, and for other violations of law and their consequences.

9.2. If the Renter receives a traffic or parking fine during the period of rent, the renter must inform Cararental thereof when the period of rent expires. If the Renter does not pay traffic or parking fines, Cararental can disclose data of the Renter and send it to third persons for recovery of the fines.

9.3. If in the case stated in Section 8.1., Cararental pays the fine instead of the Renter, the Renter must reimburse all such costs to Cararental, and pay the resulting late payment penalties, pay for other obligations arising from the law, reimburse other damage, and pay the service fee according to Section 10.1.2.

10.  Penalties, Service Fees

10.1. The Renter pays to Cararental:

10.1.1. in case of traffic accidents which result in confiscation of the Vehicle or its parts by law enforcement authorities – the penalty of equivalent 1000 €;

10.1.2. if Cararental is served a traffic or parking fine due to the Renter – the service fee equivalent of 5 € for a natural person and equivalent to 20 € for a legal entity for the processing of the fine;

10.1.3. in case of use or return of the Vehicle in a country that was not agreed in the Agreement – the penalty equivalent of 1000 € per country, and the Renter also reimburses all damage related to return of the Vehicle;

10.1.4. in case of return of the Vehicle to the car park not provided for by the Agreement – the penalty equivalent of 100 €, and the Renter also reimburses, among other, all damage related to return of the Vehicle, and the costs of parking;

10.1.5. for smoking in the Vehicle – the penalty equivalent of 200 €;

10.1.6. for absent or damaged car key – the penalty equivalent of 500 €;

10.1.7. for absent document or documents – the penalty equivalent of 50 €;

10.1.8. for punctured tire – the penalty equivalent of 250 € for every punctured tire;

10.1.9. for absent or broken additional equipment – the penalty equivalent of 400 €;

10.1.10. for every absent or broken part of the car equipment – the penalty equivalent of 1000 €;

10.1.11. in case of necessity to perform dry cleaning of the cabin – the service fee equivalent of 20 €;

10.1.12. in the case stated in Section 6 – the penalty equivalent of 2.40 € for every liter of fuel;

10.1.13. in the case of breach of the mileage limit designated for the Vehicle – the penalty equivalent of 0.18 € for each kilometer exceeding the mileage limit.

10.2. All charges include the value-added tax VAT.

10.3. The basis for assessment of the damage caused to the Vehicle is a respective price list prepared by the official dealer of the Vehicle in Turkey.

10.4. In addition to payment of the penalty and/or service charge the Renter also undertakes to reimburse to Cararental all damage that exceeds the amount of the penalty and/or service fee.

10.5 we charge in TRY currency.

11.  Processing of Personal Data

11.1. By signature of the Agreement, the Renter allows Cararental to use his or her data, and to store and process the data arising from the Agreement according to the needs of Cara Rental, which include statistical analysis, solvency checks and protection of property of Cararental. Cara Rental has the right to store and process personal data of the Renter for as long as it is reasonably necessary for the achievement of the goals for which Cara Rental has the right to process the data. If the Renter breaches the Agreement, Cara Rental has the right to disclose such data and send it to third persons according to the need to eliminate the damage caused to Cara Rental by breach of the Agreement, and to preclude any further damage.

11.2. Personal data of the Renter is processed according to the privacy policy published on the website of Cararental www.cararental.com, which regulates the collection, use, disclosure, procurement and storage of personal data of customers of Cararental. The privacy policy of Cara Rental is based on the Personal Data Protection Act of Turkey and other legal instruments regulating the protection of private life.

12.  Direct Marketing

12.1. Cararental sends to the Renter newsletters and offers using the e-mail address of the Renter only if the Renter has expressed his or her consent to that, by entering his or her e-mail address on the website, and informed Cararental of his or her wish to receive direct mail messages.

12.2. The Renter has the right to unsubscribe from receipt of newsletters and offers, by notifying Cararental thereof via e-mail or by following instructions contained in the e-mail listing the offers.

13.  The validity of the Terms and Conditions

The present Agreement is regulated by the legislation of Turkey. All disputes arising from the present Agreement are resolved by way of negotiations between Cararental and the Renter. If Cararental and the Renter fail to reach an agreement, the respective dispute is resolved in court according to legal instruments of Turkey and under Rental own expense.