MOTIVA CAR RENTAL VEHICLE RENTAL AGREEMENT AND GENERAL TERMS
PARTIES
This Motor Vehicle Rental Agreement and General Terms is concluded between İremtur Oto Kiralama Turizm İml. İnş. San. ve Tic. Ltd. Şti., having its registered office at Kolejtepe Mahallesi, Ordu Caddesi No:5, Şahinbey/Gaziantep (the “Lessor”), and the natural or legal person accepting this Agreement (the “Renter”). Motiva Car Rental is a registered vehicle-rental trademark belonging to the Lessor. The Lessor provides services through its Gaziantep and Ankara branches.
DEFINITIONS
LESSOR: İremtur Oto Kiralama Turizm İml. İnş. San. ve Tic. Ltd. Şti., operating under the Motiva Car Rental trademark.
RENTER: The natural or legal person accepting the rental agreement and these General Terms.
DRIVER/ADDITIONAL DRIVER: A person recorded in the Rental Agreement or Vehicle Delivery Form as authorised to drive the Vehicle.
VEHICLE: The motor vehicle whose make, model, registration number and other characteristics are stated in the Rental Agreement and Vehicle Delivery Form.
RENTAL AGREEMENT: The document setting out the Vehicle group and particulars, rental period and price, additional products, protection/insurance products, delivery and return details, and other conditions.
VEHICLE DELIVERY FORM: The document recording the Vehicle’s condition upon delivery to the Renter and return to the Lessor.
CURRENT TARIFF: The fees applied by the Lessor on the reservation or rental date and disclosed through the reservation screen, quotation or Rental Agreement.
SUBJECT
These General Terms regulate the conditions under which the Vehicle is made available to the Renter, the payment of rental and other charges, and the parties’ mutual rights and obligations.
1. The Vehicle is rented to the Renter for the period stated in the Rental Agreement. The Renter shall use it in accordance with the Rental Agreement, Vehicle Delivery Form, these General Terms and applicable law, and shall pay all applicable rental and service charges.
2. Unless otherwise recorded in the Vehicle Delivery Form, the Renter acknowledges receiving the Vehicle in sound bodywork and mechanical condition together with its tyres, documents, accessories, equipment and tools. The Renter is responsible for safeguarding all additional products and Vehicle equipment, including snow chains, navigation equipment and child seats. Such items are not covered by damage or theft protection; if damaged, lost or stolen, their current market value shall be payable by the Renter.
3. The Renter shall comply with the manufacturer’s operating instructions, exercise due care and keep the Vehicle in good condition.
4. The Vehicle may be used only within the Republic of Türkiye and in accordance with road traffic legislation. It may not be taken abroad without the Lessor’s prior written consent. In the event of unauthorised cross-border use, all protection becomes invalid and the Renter shall bear all costs, including repatriation. The Renter is responsible for fines, towing, impoundment, loss of rental income and all other expenses resulting from unlawful use.
5. Compulsory motor third-party liability insurance is maintained by the Lessor. Optional damage, theft, supplementary liability and personal accident protection shall apply only if selected and paid for at the beginning of the rental, within their stated scope, exclusions and limits. The Renter remains responsible for all uninsured or excluded losses, damages, claims, depreciation and loss of use.
Protection and insurance shall not apply, in particular, where: (a) the Vehicle is used for unlawful purposes, off-road, under unsuitable road conditions, on unauthorised ferries or for animal transport; (b) traffic laws are breached; (c) it is driven by an unauthorised person; (d) the loss is excluded under applicable policy conditions or is not paid by the insurer; (e) it is entrusted to valet-parking or car-wash personnel; (f) the driver is under the influence of alcohol or drugs; (g) speed limits are exceeded or the accident results from the Renter’s sole fault where excluded by the selected protection; (h) the required accident report and alcohol report are not obtained; (i) damage results from intentional, reckless or improper use, including excessive engine speed; (j) rental charges remain unpaid; (k) the loss concerns tyres, rims, wheel covers, spare wheel, registration document, licence plates, fire extinguisher or other equipment, unless expressly covered; (l) keys are lost or damaged through misuse; (m) third-party or passenger claims exceed compulsory insurance limits or concern non-pecuniary damages; or (n) all requested accident documents are not submitted to the Lessor within 24 hours of the event.
6. The Vehicle shall not be used: (a) to carry goods prohibited by customs or other laws; (b) for commercial passenger or cargo transport; (c) to push or tow another vehicle or object; (d) in racing, rallies, speed trials or other motor sports; (e) on terrain unsuitable for its type and technical capacity, including sand, mountains, riverbeds or swamps; (f) by an intoxicated, unlicensed or unauthorised driver; (g) to carry loads exceeding legal or technical limits; (h) to transport animals; (i) in a manner causing smoking or similar damage; or (j) in unauthorised land, sea or air transport.
7. Only persons named as drivers or additional drivers may drive the Vehicle. Every driver must be at least 21 years old and have held a valid driving licence for at least two years. Higher requirements may apply depending on Vehicle group, protection package or booking channel and shall be disclosed at reservation or in the Rental Agreement. The Renter is jointly and severally liable with each driver for loss or damage. Use by an unauthorised or ineligible driver may invalidate protection and insurance. A daily additional-driver fee under the Current Tariff, plus applicable taxes, shall be charged for each additional driver and shown at reservation or in the Rental Agreement.
8. No alteration may be made to the Vehicle without the Lessor’s written consent. The Renter shall bear restoration costs, resulting damage and loss of rental income.
9. The Renter is responsible for mechanical or electrical damage resulting from misuse, negligence or failure to observe warnings, including incorrect gear changes, underbody impact, continued driving after a warning light, tyre or rim damage, incorrect fuel and clutch damage, together with repair expenses, loss of use, third-party costs and the applicable damage administration fee. The loss shall be documented by an estimate, invoice, expert report or equivalent evidence.
10. All traffic fines and HGS, motorway, bridge, tunnel, parking and other toll charges incurred during the rental, together with penalties, interest and expenses, are payable by the Renter. Amounts paid by or later charged to the Lessor shall be recovered from the Renter. The Lessor may also charge the Current Tariff administration fee for each fine or toll transaction. Termination of the Agreement does not release the Renter from charges notified later.
11. Before delivery, the Renter shall provide security for rental charges, damage, missing fuel, excess mileage, fines, tolls and other claims. The standard deposit is TRY 5,000 for economy groups and TRY 10,000 for premium groups. The Lessor may determine another amount according to Vehicle group, rental period, booking channel and risk assessment; the final amount shall be disclosed at reservation or in the Rental Agreement. The authorisation shall be released or a collected deposit refunded to the same payment instrument once the Vehicle is returned on time, complete and without damage and no debt remains. The Lessor is not responsible for bank processing times. The deposit does not limit the Renter’s liability.
12. To the extent permitted by mandatory law, the Renter is responsible for material and non-material damage caused to persons, vehicles, property or the environment during the rental and shall indemnify the Lessor for amounts lawfully paid because of the Renter’s use. Liability arising during the rental survives its termination.
13. Where legally permissible, the Renter acknowledges that the Lessor may seek interim attachment or interim relief for unpaid amounts in accordance with applicable procedural law.
14. If the Vehicle is involved in unlawful activity or becomes subject to seizure, restraint or impoundment for a reason attributable to the Renter or any user, the Agreement may be terminated without notice. The Renter shall pay towing, transport, parking, taxes, duties, fines, loss of use and other documented losses for the period in which the Vehicle cannot be used or disposed of.
15. Mileage limits are: 250 km per day for rentals of 1–12 days; 3,000 km in total for rentals of 13–29 days; and 4,000 km in total for a 30-day rental. The allowance for periods longer than 30 days shall be disclosed at reservation or in the Rental Agreement. Extension does not automatically create additional mileage. Excess mileage shall be charged at the Current Tariff plus applicable taxes.
16. The Vehicle is delivered with the fuel level recorded at delivery and must be returned at the same level. Missing fuel, the Current Tariff refuelling service charge and applicable taxes shall be charged. No refund, discount or set-off is made for excess fuel. Fuel levels shall be recorded on the Vehicle Delivery Form.
17. The Renter may purchase fuel from any supplier provided it complies with the manufacturer’s specifications. Damage resulting from incorrect or contaminated fuel is the Renter’s responsibility.
18. The Vehicle is supplied for the Renter’s own permitted use. The Renter may not assign the Agreement, sub-rent the Vehicle, grant security over it, allow unauthorised use or exercise a lien. The Lessor may terminate the Agreement for breach and claim its documented losses and any contractually agreed penalty to the extent enforceable under mandatory law.
19. The Renter shall pay: (a) the rental price; (b) requested additional products and services, including navigation, child seat and winter equipment; (c) selected protection products; (d) one-way, delivery and collection charges; (e) fuel, tolls, parking, fines, taxes and administration charges; (f) excess mileage; (g) damage, depreciation, loss of use and recovery expenses for which the Renter is liable; and (h) other charges disclosed in the Rental Agreement or Current Tariff. Each additional driver is subject to the daily Current Tariff fee. Applicable taxes are added where required.
20. Payments shall be made as specified in the Rental Agreement. The Lessor may require prepayment. For rentals exceeding one month, charges may be collected monthly in advance or fully in advance. Overdue amounts become payable without further notice and may bear lawful default interest. Non-payment constitutes grounds for termination, subject to mandatory law.
21. To the extent authorised in the Rental Agreement and permitted by payment-services and consumer law, the Lessor may collect due and documented rental, toll, fine, damage and service amounts from the payment card or deposit provided by the Renter, including amounts identified after return. The Renter shall be informed in accordance with applicable law.
22. Damage and theft protection is limited by the selected product, applicable policy conditions and the Vehicle’s market value. The Renter remains responsible for excluded or excess amounts, third-party claims above policy limits, depreciation and loss of use where legally recoverable.
23. A renter’s statement alone does not ordinarily replace the required accident documents. If a Quick Damage Protection product is selected and paid for, minor damage may be processed on declaration only up to the limit stated in the Rental Agreement, provided it falls within the applicable conditions. The Lessor may request evidence and determine coverage consistently with the selected product and policy. Amounts outside coverage remain payable by the Renter.
24. In an accident, the Renter and each driver must: (a) immediately contact the Lessor; (b) contact police or gendarmerie and obtain all legally required reports, including an alcohol report where required; (c) take photographs of the scene and Vehicle; (d) obtain the names and contact details of parties and witnesses; (e) not admit liability without basis; (f) obtain the other drivers’ licence, registration and insurance details; (g) secure the Vehicle and not abandon it; and (h) deliver all reports and documents to the Lessor within 24 hours. The Vehicle must not be driven if doing so could increase damage. Towing arrangements must be coordinated with the Lessor; costs are allocated according to fault, coverage and applicable law.
25. The Lessor is not responsible for personal property left in or stolen from the Vehicle, except where liability cannot legally be excluded.
26. Following an accident, the Lessor may place a reasonable authorisation against the Renter’s card or deposit for estimated damage and claims. Due, documented amounts may be set off against the deposit. Any balance and supporting information shall be handled in accordance with applicable law.
27. If the Vehicle is returned early, any refund is subject to the booking conditions and mandatory law. Prepaid amounts may be non-refundable where the Vehicle is not collected on time. The Lessor need not hold an uncollected Vehicle throughout the booking period and any later supply is subject to availability.
28. The Lessor is not the Vehicle manufacturer and is not responsible for manufacturing defects or defective spare parts except to the extent mandatory law imposes liability.
29. The Lessor is not liable for indirect losses caused by the Vehicle being unavailable, except where such liability cannot legally be excluded.
30. The Vehicle shall be returned on the stated date and time, to the stated location, complete and without new damage other than fair wear and tear. Return to another location requires written consent and may incur the Current Tariff one-way fee. Every extension requires written approval. Unauthorised retention or use does not extend the Agreement. The Lessor may take lawful measures to recover the Vehicle and claim resulting documented costs.
31. Collection of a late-return charge does not mean that the Agreement has been extended or converted into an indefinite-term agreement.
32. A one-hour grace period applies after the scheduled return time. If this period is exceeded, one full day’s rental charge shall apply. A further daily charge applies for each continuing 24-hour period. Additional products, protection, delivery, one-way and similar charges may also apply. Collection of these fees does not automatically extend the Agreement.
33. The Renter’s obligations continue until the Vehicle is actually returned to or lawfully recovered by the Lessor. Rights and liabilities accrued before return or termination survive.
34. To benefit from theft protection, the Renter must take reasonable precautions, lock the Vehicle when unattended, return all keys and the registration document, immediately report the incident to the police and submit the official report to the Lessor within 24 hours. Protection does not apply where the event falls outside applicable policy conditions, including leaving keys in the Vehicle, entrusting it to an unauthorised valet, parking, reception or car-wash employee, or events treated as misappropriation rather than theft. The Renter remains responsible for excluded loss and related loss of use where recoverable.
35. The Renter is responsible for damage beyond fair wear and tear. The Lessor may inspect and document hidden damage or missing items discovered after return and notify the Renter within a reasonable period, normally no later than 30 days. Signing a return form does not waive a claim for damage that could not reasonably be detected at handover.
36. The Lessor may terminate the Agreement for a material breach, non-payment, invalid payment security, abandonment, unlawful use or reasonable suspicion of misappropriation. Upon termination the Vehicle must be returned promptly. If it is not returned, the Lessor may pursue lawful recovery and claim due rental, recovery, legal and documented loss-of-use costs, subject to mandatory law.
37. The Agreement takes effect upon acceptance/signature and normally ends when the Vehicle is returned in accordance with the Rental Agreement, Vehicle Delivery Form and these General Terms. Accrued claims and provisions intended to survive remain effective.
38. The Lessor may assign or transfer its rights and receivables where permitted by law. The Renter’s statutory rights shall not be prejudiced by such assignment.
39. PERSONAL DATA: Personal data relating to the Renter and drivers is processed in accordance with applicable data-protection law for entering into and performing the rental, payment, delivery and return, damage and insurance handling, fraud prevention, compliance with legal duties and the establishment or protection of rights. Details are provided in a separate Privacy Notice. Advertising and marketing communications by SMS, telephone or email require a separate and optional consent. Refusal of marketing consent does not prevent rental service.
40. The parties’ records may be submitted as evidence in a dispute, subject to the court’s powers and mandatory rules of evidence. Nothing in this clause removes a consumer’s statutory right to challenge evidence.
41. Mandatory rules governing competent consumer arbitration committees and consumer courts remain reserved. Where both parties are merchants or public legal entities and a jurisdiction agreement is legally valid, the courts and enforcement offices of Gaziantep or Ankara shall have jurisdiction according to the branch where the rental or Vehicle delivery took place. In any discrepancy or difference of interpretation between the Turkish version and a foreign-language version, the Turkish version shall prevail, subject to mandatory provisions of applicable law.
42. The addresses stated in the Rental Agreement, its annexes and delivery documents are the parties’ notification addresses. Address changes must be notified in writing without delay. A delay or failure by the Lessor to exercise a right does not constitute waiver.
43. If any provision is held invalid or unenforceable, the remaining provisions continue in force to the extent legally possible.
44. The Rental Agreement, Vehicle Delivery Form, these General Terms and any duly agreed annexes form an integral whole and shall be interpreted together. The Renter acknowledges having had the opportunity to read and review all 44 clauses and shall receive or be provided with a copy.
Motiva Car Rental is a registered trademark belonging to İremtur Oto Kiralama Turizm İml. İnş. San. ve Tic. Ltd. Şti. Services are provided through the Gaziantep and Ankara branches. Customer Service: 0 850 840 87 42.
