VEHICLE RENTAL AGREEMENT and CONDITIONS OF USE
The party which will be renting the vehicle stated in this agreement hereby, “ERA AUTO d.o.o.” henceforward will be called “Owner”, and the party which will be using the vehicle against rent will be called henceforward “Renter”.
GENERAL CONDITIONS
1- Owner has provided the vehicle to which they own the titles, to the renter for the time period determined before with the condition that conditions described below are followed. Renter has accepted that they will return it in the time and date and in the same form as it was mentioned in this agreement hereby.The rental time could be prolonged with the condition of adding the required amount in the rental deposit and having the consent of the owner by notifying them at least 24 hours before.
2- Renter agrees and undertakes that they will not use the car in the situations described below.
a.)Transportation of all kinds of belongings which are deemed illegal by TR Laws and other illegal situations,
b.)Pulling or pushing another car or trailer
c.)Race speed determination, rally, test drives, motor sports
d.)On the roads which are closed or which are not appropriate for normal traffic
e.)Transportation of a number of passengers which are above the numbers which are determined by the traffic rules, or non-baggage loads, explosive and flammable substances in whichever methods
f.)Under the influence of alcohol and narcotics,
g.)Transportation of passenger and goods against consideration whatever the payment method is
3- The renter is required to be 21 years or older when the agreement is executed and they should present their driver's license which they have for at least 2 years. Renter must have a credit card for deposit.
4-Renter;cannot let the third parties drive the vehicle without the approval of the owner.If it is the case the renter should register the identification, address and driver licence information of the third parties to be using the vehicle, to the agreement and the person who is authorized to drive the rental vehicle should be in full accordance with all the conditions of this agreement hereby. The people using the vehicle, even if they do not have their signatures on the agreement, are responsible conjointly, together with the renter. The car must only be used by you, by the additional driver specified on the contract, or by persons we authorize in writing. The person using the tool must have a valid license.
5-Renter; undertakes that if there is a change in the residency address stated in this agreement hereby, they shall inform any such changes to the owner immediately in writing, otherwise all the legal and administrative notifications to be made to the written address will be deemed valid and they will not make any objections in this matter whatsoever.
6-Renter, is obliged to park the vehicle locked in a secure place so as to ensure the security of the vehicle and on accordance with the traffic rules when not driving.
7-If the renter, did not return the official documents belonging to vehicle (such as Traffic Documents, Registration Documents, Insurance, Plates) to the owner during the return of the vehicle, they will be obliged to pay for the rent belonging to the period for obtaining these documents and in the case that they are lost, they are obliged to pay for the obtaining the new ones.
8- In the event that the vehicle is confiscated by official authorities due to any instance, there being a mistake of the renter or not, costs belonging to all kinds of actions to be taken for the taking the vehicle back will be paid by the renter in cash and at once.
9- All the damages arising out of the towing of the vehicle by traffic polices or traffic tickets will belong to the renter and in the case that the vehicle is confiscated this period is added to the rental time.
10-Renter;acquits owner in advance that any liability arising out of loss or damages due to leaving any belonging in the vehicle after the return of the car to the owner and the costs related to these.
11 – Owner; cannot be held responsible from any accident or loss or disability arising out of mechanical and manufacturing defects of the vehicle and spare parts since they are not the manufacturers of the vehicles.
12- Vehicles cannot be taken to foreign countries without the written notification of the owner.
13-Renter, cannot transfer, assign and pawn rights arising out of this agreement hereby, equipment and hardware inside the vehicles in no circumstances.They cannot use them in such a way that it would harm the owner in any way.
14- In any case the renter and owner will give the necessary help to each other from the follow-up of the compensation rights they have against third parties, giving proxies to each other at the rate of their rights and assign the rights to sue and suing costs will be shared within this rate.
15-Renter consents in advance that the personal information stated in the rental agreement will be kept in the personal files of owner, and also the rent to be paid in time, his name to be written in the warning list in the case that the vehicle is not returned in time.
16-Without the owner’s taking judicial proceedings and issuance of a court order in the event that the renter would not follow any of the conditions stated. Owner may take the vehicle back immediately and if they wish, they could register it as a revenue.
17- Owner; may terminate this agreement hereby without stating a reason and without having to pay a compensation whenever they wished or refrains from extending the agreement.
18- Fuel cost of the vehicle belongs to the renter.
19-MAINTENANCE:Renter is obliged to check the water and air pressure of the vehicle during the rental period.Renter;May have the vehicle’s periodic maintenances, oil change and similar actions for free by applying the nearest bureau of the owner.In the cases that this is not necessary, they will make the maintenance in the authorized service stations and all the costs belonging to the maintenance will be paid to them against the invoice they have received in the name of the owner.
20-REPAIRS:Costs arising out of the repairs, spare parts and tire changes due to normal use and wear will belong to the owner.Repair, spare part and tire costs made due to negligence, wrong driving except for a normal driving (such as driving without water or oil, freezing, tire splicing) and transportation costs made for the transporting of the car to the place where it was rented before will be calculated from the current rate and vehicle's out of use prices will belong to the renter.Urgent repairs which may be needed in emergency situations shall be made by notifying the Era Auto and having their approval, renter may be paid back for the costs against an invoice in the name of the owner.
21- Unless determined by parties in writing any addition or modification to these conditions will not be valid.
22- Any disagreement between the owner and the renter will be resolved in the Fethiye Courts and Execution Offices on accordance with the TR Laws.
23-PAYMENT: Renter; Will pay for the rental prices stated in the existing price list and all other stated tax and additional costs from the online payment system via a credit card. A deposit will be received on accordance with the rental costs which is valid for that period during the execution of the agreement.This deposit will be liquidated on accordance with the final account which will be determined at the end of the rental period.
Renter may not set off from the debts accrued by this agreement hereby.Payments will be made by cash and at once.Renter accepts and undertakes that in the delays, payin the interest applied to the yearly deposit account from the unpaid amount contestably.Daily rent is calculated from 24 hours, weekly and monthly rent is calculated from 7 and 30 days.In the return delays for every additional hour,
In the case of possible delays:
• 1 and above in case of delay, the currently applicable car rental price of your 1/3
• in case of a delay of 2 hours, then the current price of your car rental with 2/3 of the
• In case of a delay of 3 hours, which is valid on the day concerned the addition of a daily rental to contract, the collection will be made to your credit card.
Reservations made on our website are specific to local touristic rentals.
Out of town car rentals are also priced at special prices.
24- Renter should submit any valid credit card information belonging to them to the owner in the moment the vehicle is received. Renter accepts and undertakes that all the traffic tickets, parking tickets, paid highway pass tickets, material damages and shortcomings may be paid from this credit card.
25- %30 of the approximate rental costs will be collected at the beginning of the rental period.This condition will not be required for valid credit card owners.VAT is NOT included in the prices.
INSURANCE
A) Rented vehicles are insured with Obligatory Financial Liability insurance within the limits of the legal policy against the injured third parties on accordance with the Road Traffic Act.Owner undertakes the liability which will be formed as a result of the accidents which harms the third parties, with the condition that it will not exceed scope of guarantee of terms of Obligatory Financial Liability insurancemade for all the vehicles, on the amount of compensation that they will be receiving from the insurance company.
With the condition that the spiritual compensation requests of the persons and their relatives which were harmed within the scope, they undertake these as the amount they will be receiving from the insurance company. The spiritual compensation requests of the persons and their relatives who were harmed and responsibility on these terms will belong to the renter and owner will keep the right to collect on behalf of renter confidential.
In the case that there are damages on the cars renter is liable to pay for any material damages. Damage and losses up to 200 € are out of warranty. Damages and losses cost up to the 5% of the vehicle cost is not covered by insurance and must paid by the renter.
B) Renter will be responsible for the working condition of the rented vehicle, and the losses arising out of any kind of accidents, transportation costs of the vehicle to the place where it was rented and out of service period of the vehicle during the repair processes without any objection.
C) However:Renter who accepted to pay for the damage exemption premium stated at the beginning of the rental period; will be absolved from this liability if they carry out the conditions stated below.
a-Renter or authorized driver will take the necessary precautions in the accident area if they do not have a prohibiting condition which was determined by a doctor, and will not in any manner respond to the damaged vehicle, Will determine the address and names of the related witnesses, will inform the owner and responsible parties as soon as possible.
b- Since the appraisal of the responsibility or crime belongs to the competent authorities, renter will only describe the manner of occurrence of the accident and will not readily accept the crime and responsibility.
C-Renter will submit the Traffic Accident Protocol, alcohol report, witness name and addresses to the closest competent authority (Traffic Police or Military Police) whichever is closest to the area of accident in at least 48 hours.
d-In the case of vehicle being stolen, notify immediately the closest police and military police station and vehicle owner.
f- DAMAGES ARISING OUT OF TIRE SPLICES, BREAKING OF GLASS - HEADLIGHTS, SPARE TIRE RADIO – MUSIC SYSTEM BUYING AND USING ARE OUT OF INSURANCE COVERAGE.
SITUATIONS WHICH ARE OUT OF WARRANTY
1- Situations where there are no accident and alcohol reports
2- Situation which the accident occur when a driver whose name is not placed in the agreement driving the vehicle.
3-Situations which the driver is under the influence of alcohol or narcotics during the accident
4- Situations which the driver has no valid driving license
5- Accidents which occur due to the violation of the traffic rules and due to excessive speeding
6- Situations which the driver is %100 blameable
7- Accident and damages occurring out of the period stated in the rental agreement
8- Damages occurring during the pulling, pushing, carrying by loading another vehicle or objects which are either moving or non-moving,
9- Damages occurring during the use of vehicle for racing, speed determination, rally test drives, motor sports or using the vehicle on the roads which are not appropriate
Damages and losses occurring during the transportation of a number of passengers which are above the numbers which are determined by the traffic rules, or non-baggage loads, explosive and flammable substances in whichever methods
11- Burns occurring without the start of a fire with flames with the effect of a burning agent such as cigarettes or similar
12- Burns and stains occurring on the carpet modules of the vehicle
13-Tire splices arising out of misuse are out of warranty and all the damages are under the responsibility of the renter in such situations.
14-Owner has the right to revoke to the renter about the compensation for the vehicle being out of service and for the damages they cannot collect due to all kinds of activity and negligence which are not attributable to them, taking advantage from the insurance compensation in part or no advantage whatsoever.
Reservation requests from you about your rental are procured by our reservation centres and offices in a guaranteed way.You can receive all kinds of additional products which may provide comfort for you (such as navigation, HGS, Baby Seat etc.) from our offices during the rental process against their costs.
In order to benefit from our daily rental services you can call our Fethiye Central Office from +387 61 806 229 number or from www.flamingo.ba address or you can visit any of our rental offices and receive information or make a reservation.A reservation made before the car rental will provide you a vehicle guarantee.
Vehicle mileage limits; For all group of vehicles, the maximum limit in kilometer is for1-3 day rentals (250KM/day), 4-7 day rentals (200 KM/day), 8-14 day rentals (170 KM/day), 15+ days rentals (140 KM/day); and (3,500 km) per month. In the case of the mileage limit exceeds, $ 0.25 per mile will be charged as an extra fee.
IN CASE OF ACCIDENTS, PLEASE GET AN ACCIDENT AND ALCOHOL REPORT BY APPLYING THE CLOSEST POLICE STATION WHICH IS CLOSE TO OUR ERA AUTO CENTRAL OFFICE WITHOUT MOVING YOUR CAR.
