This agreement governs membership in RentACarAVM’s car rental service and each rental of a Car in the Turkey. You must agree to the terms and conditions in this agreement before you can join RentACarAVM in the Turkey. If you have already joined RentACarAVM in a country other than the Turkey, you must agree to the terms and conditions in this agreement before you can reserve and use a RentACarAVM Car in the Turkey.
Address : General Ali Rıza Gürcan Cd.Meridyen İş Merkezi Kat:1 No:123 34169 Merter / İSTANBUL / TURKEY
Company Name : LOGİTÜRK TEKNOLOJİ BİLGİ SİSTEMLERİ VE DAN.OTO. TİC.LTD. ŞTİ.
Call Center Phone : +90 850 480 30 34
Company Center Phone : +90 212 945 24 00
E-Mail : email@example.com
“Agreement” means all terms and conditions found in this document,the registration form you submitted (your “Registration”), the Rate and Fee List, the in-car touch screens, email or text messages we may send to you and any other document you sign or we provide, whether made available in print or electronically, each as may be amended from time to time. “Member” means an individual approved by us who has completed the registration process and agreed to this Agreement. “You” or “your” means the Member, each Authorized Driver and each person or organization to whom charges are billed by us at the person’s, organization’s or Member’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We,” “our” or “us” means RentACarAVM, a division of LOGITURK TECHNOLOGY LTD. (“RentACarAVM”). “Authorized Driver” means: (a) the Member; and (b) any other person defined as an authorized driver under applicable law. Authorized Drivers are the only persons permitted to drive any Car. Each Authorized Driver must be at least age 21 and possess a valid driver’s license. “Car” means any automobile we make available for rental at designated locations (“RentACarAVM Stations”) that you reserve and use and each Car we substitute for it, and all its tires, tools, accessories, equipment and Car documents. All Cars are equipped with global satellite positioning (“GPS”) technology or another telematics system and/or an event data recorder, and privacy is not guaranteed. “RentACarAVM ID” means a radio-frequency identification (“RFID”) sticker
that acts as your electronic key for accessing, locking and unlocking Cars. “Charges” means the fees and charges that are incurred under this Agreement. “Car License Cost Recovery Fee” or “VLCRF”
means our estimate of the average per day per Car portion of our total annual Car licensing, titling, and registration costs that we are permitted to recover by Turkey law. “Rate and Fee List” means the
currently effective list of rates and fees associated with RentACarAVM rentals, as amended from time to time, which is available online at www.rentacaravm.com.
2. CHANGES TO THIS AGREEMENT.
We reserve the right to change the terms of this Agreement from time to time and will give you notice of such changes in a timely manner. Notice will be posted on the RentACarAVM website, www.rentacaravm.com, or by email to the email address you provided in your Registration or most recently provided to us. You agree that the amended terms and conditions of this Agreement will be effective and binding the earlier of (1) the effective date indicated in such notice; or (2) the date posted on the RentACarAVM website.
3. NATURE OF CONTRACT.
This is a contract for a car rental membership that gives you the right to rent Cars under the terms and conditions of this Agreement.
4. MEMBERSHIP REQUIREMENTS.
To become a Member and remain eligible for membership, you must meet at least the following requirements: (a) you have a valid driver’s license issued in a Turkey jurisdiction; (b) you are at least 21
years of age at the time of initial registration; and (c) you hold a valid credit card that is acceptable to us in your name for making payments.
5. RENTACARAVM ID.
After being accepted as a Member, you will receive a RentACarAVM ID. The RentACarAVM ID and PIN are personal to you and may not be rented with or used by anybody else.
6. REPOSSESSION, INDEMNITY AND WARRANTIES.
We may repossess any Car at your expense without notice to you if the Car is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all
judgments, claims, liability, costs and attorney fees we incur resulting from, or arising out of, your use of a Car. You release us, our agents and employees from all claims for loss of or damage to your personal property or that of another person that we received, handled or stored, or that was left or carried in or on any Car or in a service Car or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. We make no warranties, express, implied or apparent, regarding any Car, no warranty of merchantability and no warranty that any Car is fit for a particular purpose.
7. CONDITION OF CAR UPON RETURN.
You must return the Car in the same condition that you received it except for ordinary wear. You remain responsible for the loss of a Car and all damages to it until we inspect it. Service to a Car
or replacement of parts or accessories during the Rental Session must have our prior approval.
8. RESPONSIBILITY FOR DAMAGE OR LOSS; REPORTING TO POLICE; RESPONSIBILITY FOR TOLLS AND TRAFFIC VIOLATIONS.
You are responsible for: (a) physical and mechanical damage to a Car resulting from collision up to the fair market value of the Car as determined in the customary market for the sale of the Car, regardless
of the cause of the damage; (b) loss due to theft of a Car up to its fair market value, provided that you failed to exercise ordinary care while in possession of the Car. Loss or destruction of your RentACarAVM
ID is evidence of lack of ordinary care; (c) physical damage to a Car up to its fair market value, as determined in the customary market for the sale of the Car, resulting from vandalism occurring after, or in connection with, theft of the Car if you have responsibility for theft of the Car; (d) physical damage to a Car up to a total of $500 resulting from vandalism unrelated to a theft of the Car; (e) actual charges for
towing, storage and impound fees paid by us if you are liable for damage or loss; and (f) You grant us a limited power of attorney to present claims for damage to or loss of a Car to your insurance carrier. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them. You will also pay us, the appropriate government authorities, or a third party collection
firm (“Collector”) of our choosing for all parking, traffic and toll violations, toll evasion fines, citations, other fees, fines, penalties, forfeitures, court costs, towing and storage charges and other expenses occurring during the Rental Session and assessed against us or a Car (“Citations”) that you failed to pay to the charging entities. You hereby authorize us to release your rental and credit card information to governmental authorities or the Collector. In addition to amounts owed to government authorities, you will pay us or the Collector a processing fee of up to the amount shown in the then-current Rate and Fee List for EACH such unpaid Citation processed by us or the Collector.
9. PROHIBITED USE OF CARS.
The following uses of any Car are prohibited and constitute breaches of this Agreement. A Car shall not be used: (a) by anyone who is not an Authorized Driver or not licensed to drive, or by anyone whose
driver’s license is suspended; (b) by anyone under the influence of alcohol, prescription or non-prescription drugs; (c) by anyone who obtained the Car by giving us false, fraudulent or misleading information;
(d) under circumstances that could be properly charged as a crime other than a minor traffic violation; (e) to carry dangerous or hazardous items or illegal materiel; (f) to carry persons or property for hire;
(g) to push or tow anything; (h) in a race or speed contest; (i) to transport more persons than the Car has seat belts, to carry persons outside the passenger compartment, or to transport children without
approved child safety seats as required by federal and state law; (j) to teach anyone to drive; (k) outside the continental Turkey or outside the geographic area described elsewhere in this Agreement, if any; (l) with inadequately secured cargo; (m) on an unpaved surface; (n) when the odometer has been tampered with or disconnected; (o) when it is reasonable to expect you to know that further operation of the Car would damage it; (p) where applicable, by anyone who lacks experience driving a Car equipped with manual transmission; and (q) to transport an animal, except for the service animal of a disabled
Member or passenger. Smoking is not permitted in any Car.
10. PAYMENT OF CHARGES.
You agree to pay all Charges. You permit us to reserve against your payment card at the time of rental a reasonable amount. We may use the reserve to pay all amounts owed to us under this Agreement. You will pay us by credit card or other form of payment acceptable to us at or before conclusion of each rental or on demand all Charges and: (a) time and mileage for each Rental Session, or a mileage charge based on our experience if the odometer is tampered with; (b) optional products and services you purchased; (c) the cost of replacing a lost or damaged RentACarAVM ID; (d) applicable taxes; (e) all expenses we incur locating and recovering the Car if you fail to return it or if we repossess it under the terms of this Agreement; (f) towing, storage charges, forfeitures, court costs, penalties and all other costs we incur resulting from your use of a Car; (g) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement, to the extent not prohibited by law; (h) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check or electronic debit card that is returned unpaid or for credit, charge, debit/check or stored value/prepaid gift card charges that is not honored by the card issuer, to the extent not prohibited by law; (i) a reasonable fee to clean a Car if returned substantially less clean than when rented; (j) all fees and costs associated with Citations plus our processing fee; and (j) a transfer fee for improperly parked Cars if we must send an agent to move a Car parked in a no parking zone or other improper location during a Rental Session. Charges will continue to accrue until the Car is returned to us or, if the Car has been stolen, until you report the theft both to the police in the jurisdiction in which the theft occurred and to us at +90-850-480-30-34. We may audit all Charges. If errors are found, you will pay the corrected Charges. If payment was by credit card, you authorize us to correct the Charges with the card issuer. We will notify you of any correction.
You may be responsible for up to $750 for damage to a Car during a Rental Session. Your own motor Car insurance or benefits provided by your credit card issuer, if any, may cover damage to a Car. When
reserving and using a Car in compliance with this Agreement, your rental will include liability protection for damage or injury you cause to third parties at the minimum level required by the automobile financial
responsibility law of the jurisdiction in which the accident occurs (“Liability Protection”). These limits may not be adequate to cover fully your liability in the event that you are involved in an accident. You are also responsible for all damage or injury you cause to third parties that is not covered by the Liability Protection. To the extent permitted by law, RentACarAVM and you hereby waive and reject the inclusion of “no-fault,” PIP, medical payments, uninsured motorist, underinsured motorist, supplementary no fault, or any other optional coverage. If such protection is imposed by operation of law, then the limits of such protection will be the minimum required by applicable law. The Liability Protection described in this section is primary with respect to any insurance coverage that you or an Authorized Driver may have. Liability Protection under this section is void if you violate the terms of this Agreement, or if you fail to cooperate in any loss investigation conducted by us or our insurer. Permitting anybody who is not an Authorized Driver to use a Car terminates the Liability Protection.
12. TERM AND TERMINATION.
You may terminate your membership at any time by contacting the Service Center at +90-850-480-30-34 and returning your RentACarAVM ID to us. Your obligations under this Agreement will survive termination and you will be responsible for all Charges until paid in full. We may suspend or terminate your membership if you: (a) fail to pay Charges when due; (b) no longer meet our membership requirements or have given us any false or misleading information at any time; or (c) otherwise fail to comply with any term of this Agreement. We may terminate this Agreement at any time and for any reason.
13. CUSTOMER INFORMATION AND USE OF GPS.
You are under a duty to notify us of any change in your address, email address, cellular telephone number or credit card number and expiration date without undue delay. You shall be liable for any damage or consequential damage incurred due to out-of-date or wrong personal data. To the extent not prohibited by law, you authorize us to use GPS or other technology included in the Cars for any purpose.
15. MODIFICATION AND GOVERNING LAW.
Except as otherwise provided in this Agreement, no term of this Agreement may be waived or changed except by a writing signed by an expressly authorized representative of RentACarAVM. This Agreement
constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding membership and rentals are void. This Agreement shall be governed by the substantive law of the jurisdiction in which the rental commences, without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction.
A waiver by us of a breach of this Agreement is not a waiver of an additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You authorize us to make whatever inquiries we consider necessary (including requesting your consumer report from one or more consumer reporting agencies) in connection with your reservation and/or rental of a Car and for any other lawful purpose (including collecting your
account). Unless prohibited by law, you release us from all liability for consequential, special or punitive damages in connection with your membership or any rental, reservation or use of any Car. You waive
all recourse against us for criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
You understand that by checking the box next to “I have read and agree to the Membership Agreement” and clicking on “Complete registration” on your Registration, you are electronically signing this Agreement.