PRIVACY POLICY
MUSA DIŞ TİCARET VE İNŞAAT LİMİTED ŞİRKETİ CONFIDENTIALITY POLICY
TABLE OF CONTENTS
1. Introduction
2. Scope of the Policy
3. Protection of Personal Data
4. Data Collected on Our Website
5. Links to Third Party Websites
6. Updating the Policy
7. Contact us
1. Introduction
As MUSA DIŞ TİCARET VE İNŞAAT LİMİTED ŞİRKETİ (\"Musa\" or \"Company\"), we approach this issue sensitively as we attach importance to the confidentiality of your personal data and accept that the information you share with us is personal and confidential.
We have created this Privacy Policy (\"Policy\") in order to inform our users who visit our website and mobile application about the privacy and security of your personal data collected through the website (\"Platforms\") we manage as the Company within the scope of the Law No. 6698 on the Protection of Personal Data (\"KVKK\"). Your personal data will only be used to provide you with a better service within the framework of this Policy.
2. Scope of the Policy
The confidentiality and security of your data we collect during your access to our platforms managed by Musa is covered by this Policy.
The presence of a logo, sign, etc. of Musa on a site not managed by Musa does not mean that this Policy applies to that site. When sharing personal data with such sites, you must make sure that the site in question is a site belonging to Musa in order to benefit from the assurances in this Policy.
3. Protection of Personal Data
Please read our Clarification Text for detailed information about the processing of your personal data by Musa in the capacity of data controller within the scope of KVKK, your rights regarding your personal data and the technical and administrative measures we take to protect your personal data.
4. Data Collected on Our Website
4.1. Personal Data Collected Through Contact Forms
Through the audience representation contact forms, which allow you to send us your requests and complaints;
Name, surname,
Electronic mail,
Telephone number,
We collect your Subject and Message Information.
4.2. Device Information
While using our services, information such as IP address etc. of your electronic devices (computers, tablets, smart phones, smart televisions, etc.) are collected.
We may also send you push notifications through our website(s). You can refuse to receive these messages by changing the settings in the operating system of your device.
4.3. Data Collected Through Cookies
Cookies are small text files that are stored on the visitor's device (e.g. computer or phone) when a website is visited and can contain data in name-value format. In this way, various information can be obtained about the device on which the visit to the website(s) is made and the relevant user. Cookies are used on our website. For detailed information about the use of cookies on our website, please read our Cookie Policy.
4.4. Data We Collect Automatically When You Access Our Servers
If you use our website, we may collect your personal data such as device log records etc. in order to meet the individual or corporate demands and needs of our customers, to develop and control our technical infrastructure, to improve the hardware and software technologies and other services we use and to fulfill our legal obligations.
5. Links to Third Party Websites
Our website may contain links to the websites of third parties such as private employment agencies. In such cases, the collection, processing, sharing or transfer of data by third parties is beyond our responsibility. Your use of third-party sites and data sharing with these sites are subject to the privacy policy and terms of use of these sites and are outside the scope of this Policy. We recommend that you read the privacy policies of the websites you visit before sharing your personal data.
6. Updating the Policy
The provisions of this Policy may be amended or renewed, in whole or in part, to take effect on the date it is published on our website.
We recommend that you check our website periodically to keep track of changes to the Policy. Any changes to the statement will be effective upon posting of the amended statement on the site. Your use of the site and any of our products and services following any such changes constitutes your acceptance of the then-current amended statement.
7. Contact Us
If you have any questions, reservations or complaints regarding the interpretation or application of this Policy;
* info@musacars.com electronic mail and/or
* BAŞAKŞEHİR MAH. ILGAZ SK. ARTERIUM-1 RESIDENCES\nNO: 7 -9D BAŞAKŞEHİR/ İSTANBUL .
\n
PRIVACY NOTICE UNDER LPPD
IN MUSA CARS , WE TREASURE YOUR SECURITY. IN THIS RESPECT, WE WOULD LIKE TO INFORM YOU ABOUT OUR DATA PROCESS ACTIVITIES UNDER THE LAW ON THE PROTECTION OF PERSONAL DATA NO. 6698, WHICH IS INTENDED TO PROTECT PERSONAL DATA AND DEFEND FUNDAMENTAL RIGHTS AND FREEDOMS OF INDIVIDUALS, INCLUDING THE PRIVACY OF PERSONAL LIFE.
Pursuant to the Law on The Protection of Personal Data no. 6698 (“LPPD”), personal data is defined as any information of an individual whose identity is or may be verified. Your personal data kept by our Company may be recorded, changed, edited, transferred subject to legal limits, categorized or updated and your personal data may be processed in line with conditions prescribed in the LPPD by means of such methods and for such purposes and reasons explained below.
WHO IS A DATA CONTROLLER?
A DATA CONTROLLER MEANS A LEGAL ENTITY OR INDIVIDUAL THAT DEFINES THE PURPOSE AND MEANS TO PROCESS PERSONAL DATA AND THAT IS RESPONSIBLE FOR SETTING UP AND ADMINISTRATING A DATA ENTRY SYSTEM. IN THIS RESPECT, MUSA CARS (THE “COMPANY”) PROCESSES YOUR PERSONAL DATA UNDER THE LPPD IN ITS CAPACITY AS THE DATA CONTROLLER.
PURPOSE OF PROCESSING YOUR PERSONAL DATA
YOUR PERSONAL DATA ARE PROCESSED IN LINE WITH THE PURPOSES BELOW IN LINE WITH SUCH PRINCIPLES PRESCRIBED IN THE LPPD.
•\tTo make offers for products and services
•\tTo handle sales processes of products and services
•\tTo confirm IDs
•\tTo conduct aftermarket support processes, including deliveries and returns, repair and maintenance works, claims and recourse procedures
•\tTo monitor payment transactions
•\tTo handle insurance procedures
•\tTo sell second-hand cars
•\tTo plan and execute customer relations management
•\tTo size up solvency and to inquire into financial backgrounds
•\tTo plan and execute risk processes
•\tTo prevent abuse and to provide vehicle protection services
•\tTo handle and monitor legal affairs and procedures
•\tTo manage relations with business partners and/ or suppliers
•\tTo contact about our products and services, to present customized offers, to carry out marketing, survey and satisfaction studies
•\t To manage marketing analysis and exercises
•\tTo carry out social responsibility projects
•\tTo ensure the management and data security of internet access records
•\tTo carry out required audit and control processes under corporate operations and to submit reports and proceed with inspections
•\tTo provide competent public agencies and bodies with information under the applicable law
•\tTo evaluate requests and complaints.
TO WHOM MAY YOUR DATA BE DISCLOSED FOR WHAT PURPOSES?
YOUR PERSONAL DATA MAY BE TRANSFERRED TO THE FOLLOWING INDIVIDUALS/ ENTITIES SUBJECT TO THE DATA PROCESSING TERMS AND CONDITIONS PRESCRIBED IN ARTICLES 8 AND 9 OF THE LPPD ONLY TO THE EXTENT REQUIRED FOR THE SERVICES AND LIMITED TO THE PURPOSES LISTED HEREIN, INCLUDING HANDLING AFTERMARKET SUPPORT PROCESSES, RISK MANAGEMENT, DETERMINATION OF SOLVENCY, CONDUCT OF CLAIMS AND RECOURSE PROCESSES, COMPLETION OF INSURANCE TRANSACTIONS, PREVENTION OF ABUSES, COLLECTIONS, RECOURSE, ASSISTANCE SERVICES, OUTSOURCING FOR SENDING COMMERCIAL MESSAGES AND CUSTOMER SATISFACTION SURVEYS, CONDUCT OF MARKETING STUDIES, HANDLING AND MONITORING LEGAL PROCEDURES AND WORKS, AUDIT OPERATIONS AND PERFORMANCE OF OPERATIONS IN LINE WITH THE APPLICABLE LEGISLATION AS WELL AS FOR DATA SHARING WITH COMPETENT PUBLIC AGENCIES AND INSTITUTIONS THEREUNDER.
•\tAutomotive companies, dealers or suppliers which are our business partners under leasing operations
•\tService dealers and car parking lots
•\tAssistance service providers, including towing services
•\tLoss adjusters and insurers
•\tBanks and financial institutions
•\tOur legal, financial, tax and operational advisors
•\tIndividuals or firms serving as an intermediary for second-hand car sales, including web sites
•\tAdvertising agencies and marketing companies that we outsource our business/
•\tCourier companies and other cargo firms
•\tBusiness partners and suppliers that supply services to us in various areas
•\tGroup companies of Bor Holding A.Ş.
•\tCompetent public agencies and institutions
METHOD AND LEGAL GROUNDS FOR COLLECTING YOUR PERSONAL DATA
YOUR PERSONAL DATA ARE COLLECTED BY OUR COMPANY EITHER DIRECTLY FROM YOU, OUR CUSTOMERS, VIA OUR CALL CENTRES, COMPANY OFFICERS, BUSINESS PARTNERS, ONLINE TRANSACTIONS OR PUBLIC AGENCIES AND INSTITUTIONS OR ALIKE, OR AUTOMATICALLY BY ELECTRONIC CHANNELS OR IN WRITING/ VERBALLY BY NON-AUTOMATIC MEANS THROUGH THOSE INSTITUTIONS.
In this respect, personal data collected are processed on the basis of the following legal grounds prescribed in Articles 5 and 6 of the Law:
“Provided to be directly related to the execution or performance of a contract, if processing the personal data of the contract parties is necessary”; “if it is mandatory for data controller to perform its legal obligations”; If it is required under the applicable law”; “provided not to cause any harm to fundamental rights and freedoms of relevant person, where data process is required for legitimate interests of the data controller.”
YOUR RIGHTS ABOUT YOUR PERSONAL DATA
YOU CAN SEND YOUR REQUESTS ABOUT YOUR RIGHTS LISTED BELOW UNDER ARTICLE 11 OF THE LPPD IN CONNECTION WITH THE PROCESS OF YOUR PERSONAL DATA TO US IN LINE WITH THE COMMUNIQUE ON TERMS AND PROCEDURES FOR APPLICATION TO DATA CONTROLLERS.
1.To inquire into whether your personal data are processed,
2. To ask information in case your personal data are processed,
3. To inquire into the purpose of process of your personal data or whether they are used in line with that purpose;
4. To know about third parties to whom your personal data are transferred in Turkey or abroad;
5. To ask for the correction in case your personal data are misprocessed or processed incompletely;
6. To ask for the deletion or destruction of your personal data;
7. To request that correction, deletion or destruction of your personal data shall be notified to third parties to which your personal data are transferred;
8. To object to a consequence against you that may arise as a result of analysis of your processed personal data via automatic systems only;
9. To claim damages to compensate your losses that you may sustain upon the unlawful process of your personal data.
Since our Company is under the obligation to keep records and documents in connection with transactions and deals with customers for a specific period of time under the legal regulations, in case you request that your personal data should be deleted, destroyed or anonymized and there is a legally defined statutory term, our Company may fulfil your request upon the expiry of such statutory term, but your personal data may not be processed by our Company during that term unless it is legally required.
You can send your requests about your personal data to us at all times by means of “Application Form for Personal Data” or by way of other methods in line with such terms and conditions set out in the Communiqué on Terms and Procedures for Application to Data Controllers. Also you can find detailed information about applications as well as contact details on the form.
This policy is subject to updates from time to time on account of changes to company policies and business operations. You may regularly visit our page to have access to the most current version of the text.
DISTANCE SALES CONTRACT
1. PARTIES
On the hand, the headquarters address is Başakşehir mah. ılgaz sk. arterium-1 residence no 7-9d Başakşehir/istanbul MUSA DIŞ TİCARET VE İNŞAAT LTD. ŞTİ. operates under the name MUSA CARS. On the other hand, these General Conditions of Motorized Land Transport Vehicle Rental Agreement have been signed between the real or legal person who signed this agreement.
2.DEFINITIONS
COMPANY: MUSA DIŞ TİCARET VE İNŞAAT LTD. ŞTİ.
CUSTOMER: The real or legal person who signed this agreement,
USER: The driver specified as the person who will use the vehicle in the rental agreement/vehicle delivery form,
VEHICLE: Motorized land transportation vehicle whose brand, model, license plate and other features are specified in the rental agreement and vehicle delivery form and is rented to be used by the CUSTOMER during the rental period,
GENERAL CONDITIONS: These General Conditions of Motorized Land Transport Vehicle Rental Agreement,
RENTAL AGREEMENT: Motorized Land Transport Vehicle Rental Agreement, in which the group, brand, model, license plate, other characteristics of the rented vehicle, rental period, rental fee, coverage and other issues are regulated,
VEHICLE DELIVERY FORM: The form in which the rented vehicle is delivered to the CUSTOMER, its condition at the time of delivery and other matters, and the condition and other matters when the vehicle is returned to the COMPANY,
DAILY RENTAL AMOUNT: The rent to be paid by the CUSTOMER, excluding all other fees and expenses, for a maximum rental period of 24 hours,
MONTHLY RENTAL AMOUNT: It refers to the rent to be paid by the CUSTOMER, excluding all other fees and expenses, for a maximum 30-day rental period.
3. TOPIC
The subject of these General Conditions is the rental conditions of the vehicle rented to be used by the CUSTOMER under the rental agreement, the form and conditions of payment of the rent and other fees determined by the CUSTOMER in return, and the determination of the mutual rights and obligations of the parties.
4.USE OF THE VEHICLE
4.1. With the rental agreement, the vehicle has been rented to the CUSTOMER during the rental period, and the CUSTOMER agrees to use the vehicle in accordance with the matters specified in the rental agreement, vehicle delivery form and these general conditions, with the rental fee and the fees/fees specified in the rental agreement, vehicle delivery form and these general conditions. declares and undertakes to pay the fees and to accept all the matters specified in the rental agreement, vehicle delivery form and these general conditions.
4.2.The vehicle has been delivered to the CUSTOMER by the COMPANY, with all its tires, vehicle documents, accessories, equipment and tools, and its periodic maintenance complete and complete, with the vehicle delivery form. CUSTOMER accepts that he/she has received the vehicle in question in a sound and good condition in terms of mechanics and bodywork - except for those specified in the delivery form - and that there are no signs of damage or accident on the vehicle.
4.3.CUSTOMER must comply with the matters written in the vehicle user manual prepared by the vehicle manufacturer.
accepts and undertakes to comply with the requirements, to show the necessary care and attention in the use of the vehicle and to ensure that the vehicle is in good condition.
4.4.The CUSTOMER accepts and undertakes to use the vehicle within the borders of the Republic of Turkey in accordance with the Highway Traffic Law and all relevant legal provisions. In addition, the CUSTOMER shall not use the vehicle in the ways described below, including but not limited to the ones listed below, otherwise he will be responsible for the penalties and all kinds of expenses incurred:
a. Transporting passengers or goods for commercial purposes,
b. Any vehicle etc. pushing or pulling,
c. In the transportation of goods contrary to customs legislation and other laws or in other illegal activities,
D. By a person who has consumed alcohol or drugs or a driver who is not specified as an additional driver,
to. In motor sports (including speed determination, racing, rally, endurance and speed trials),
f. When transporting personal cargo/belongings that will damage the vehicle and exceed the loading limit,
g. Considering the make and model of the vehicle, in places and conditions that are not suitable for the purpose of rental (such as mountainous terrain, sand, terrain, stream bed, swamp, etc.) In unsuitable road conditions,
h. In animal transportation.
4.5. The vehicle will be used by a driver and/or additional driver who is qualified in terms of the valid driver's license and age limit, which will be specified according to the vehicle group in the rental agreement and vehicle delivery form. The CUSTOMER is obliged to ensure that the additional driver specified in the rental agreement and vehicle delivery form fully and completely complies with the rental agreement, vehicle delivery form and general conditions. In addition, the CUSTOMER is jointly and severally responsible with the driver for any damage or loss that may occur due to careless use of the vehicle.
4.6.The CUSTOMER accepts and undertakes not to make any changes to the vehicle without the written permission of the COMPANY. Otherwise, the CUSTOMER is responsible for the restoration costs and damages incurred by the vehicle.
4.7.The CUSTOMER is responsible for any errors in use and/or carelessness, imprudence, etc. in the vehicle received in a sound and good condition. for reasons (including, but not limited to, transmission failure due to incorrect gear shifting, damage that may occur due to continuing to use the vehicle even though the warning light is on, damage caused by hitting the underside of the vehicle, damage to parts such as tires and rims, fuel-related malfunctions and damages, etc.). accepts and undertakes to pay all damages and losses, including all mechanical and electrical damages.
4.8.All fuel, parking, HGS, OGS, highway, bridge etc. of the vehicle. Tolls, traffic fines, interest and accessories belong to the CUSTOMER and will be paid by the CUSTOMER. Even if the rental period ends, the CUSTOMER is responsible for any penalties imposed during the rental period. Even if the penalty receipt is written only on the license plate number without name and signature, the CUSTOMER agrees to pay the existing penalty. OGS, HGS, highway, bridge etc. to be arranged for the vehicle during the rental period. Penalty receipts received by the COMPANY regarding toll and parking fees and traffic fines will be paid by the COMPANY and the amount paid, delay interest and ancillaries, if any, as well as toll, parking and/or penalty fees will be collected from the CUSTOMER. Even if the rental agreement and these general conditions have expired, the CUSTOMER is responsible for these amounts. CUSTOMER, ogs, hgs, highway, bridge etc. cannot request that the COMPANY object to the toll charges and traffic fines, cannot avoid paying the penalty amounts due to the COMPANY not objecting, and cannot make any requests from the COMPANY in this regard.
4.9.The CUSTOMER will be determined by the COMPANY in the Lease Agreement according to the vehicle group, including the guarantee of damages that may arise on the vehicles and other receivables and other rights of the COMPANY arising from the contract, (provided that it does not mean limiting the amount of damage/damage to be given by the TENACUSTOMERNT and any damage/damage exceeding this amount). Damage costs will be collected without prejudice to the right to collect them.
4.10.All debts and liabilities regarding the \"Vehicle Operator Liability\" belong to the CUSTOMER as the \"operator\" defined in the law regarding the vehicle, and the CUSTOMER is the sole responsible for all material and moral damages that the vehicles may cause to third parties and/or motor vehicles and/or the environment. is solely responsible. For this reason, the CUSTOMER will compensate all damages that the LESSER will have to pay. Even if the Lease Agreement and General Conditions have expired, the CUSTOMER liability will continue for damages occurring during the rental period.
4.11.If the rent is not paid, the CUSTOMER may be subject to a provisional lien or provisional injunction, etc. In case of request, the COMPANY accepts, declares and undertakes that there is no need to provide a guarantee.
4.12.After the vehicle is delivered to the CUSTOMER, the CUSTOMER and/or any 3rd Party acts against the law with the vehicle, the vehicle is seized by the Official Authorities due to the vehicle being involved in any crime or for any reason for which the CUSTOMER is responsible, or Even if the CUSTOMER cannot use the vehicle for any similar reason, the rental agreement, vehicle delivery form and general conditions continue with all their terms and consequences, provided that the COMPANY right to terminate is reserved. The CUSTOMER acknowledges that the COMPANY may terminate the rental agreement, vehicle delivery form and general conditions without any notice or warning, and that the COMPANY will be liable for towing, transportation, parking, delivery, fines, taxes, fees, if any, and the COMPANY's liability for this reason, including but not limited to the above. It accepts and undertakes to pay all direct and/or indirect damages in cash and lump sum upon first request, without raising any objection. CUSTOMER accepts and undertakes to pay the daily rental fees in full and on time, even if the rental period ends. In addition, in case the vehicles cannot be sold due to the measures taken by the official authorities on the vehicles, the CUSTOMER is responsible for the guarantee, bank guarantee letter or cash blockage costs and all other expenses that must be given to the official authorities in order to lift the measure.
4.13.The CUSTOMER is obliged to use the vehicle in accordance with the mileage limitation specified in the rental agreement and/or vehicle delivery form according to the vehicle group. In case the mileage limit specified in the rental agreement and/or vehicle delivery form is exceeded, the CUSTOMER accepts, declares and undertakes to pay the mileage excess fee specified in the rental agreement.
4.14.The CUSTOMER receives the fuel in the tank of the vehicle at the time of rental.
is obliged to return it. Otherwise, the COMPANY is obliged to compensate the losses that may occur due to this reason and to be determined by the COMPANY.
5. PRICING AND PAYMENT
5.1.The CUSTOMER is obliged to pay all the prices stated in writing in the rental agreement, general conditions and vehicle delivery form, and the fees for the following services, but not limited to those listed below:
a. Rental fee calculated based on the number of days rented,
b. Additional rental fee, one-way fee and legally imposed taxes, mileage excess fee, damage/loss compensation fees, service fees, parking, hgs, ogs, highway, bridge tolls, traffic penalty amounts that may arise at the end of the rental,
5.2.CUSTOMER will make the payments as specified in the lease agreement. If the rental period is 1 month or less, the rental fee will be collected in cash at the time of signing the rental agreement. In rentals with a rental period exceeding 1 month, the first month's rental fee will be collected at the time of signing the rental agreement, and the rental fees for the following months will be collected in monthly advance at the beginning of each following month. CUSTOMER agrees that in case the rental fee, other fees and legal payments within the scope of the rental agreement and general conditions and vehicle delivery form are not paid, the deposit money will be the right of the COMPANY without the need for any warning or notification, and all fees will be due from the invoice date and payment will be made as of the invoice date. declares and undertakes. The COMPANY reserves the right to unilaterally terminate the rental agreement, vehicle delivery form and general conditions.
5.1 Maintenance and Repair
5.1.1. The renter will cover the mechanical, electronic, maintenance and repair costs within the scope of periodic maintenance in accordance with the usage and repair instructions determined by the manufacturer. These maintenance and repairs will be carried out at the services selected by MUSA CARS. If the CUSTOMER has the maintenance and repairs of the Vehicle carried out by a service other than MUSA CARS, the CUSTOMER is responsible for the related expenses and damages that may arise from this.
5.1.2 Each maintenance and repair service (maintenance, repair, tire change) requested by the CUSTOMER will be negotiated with the CUSTOMER and will be carried out after approval by MUSA CARS. Maintenance and repair expenses that will be carried out without MUSA CARS's approval will be covered by the CUSTOMER.
5.1.3 The maintenance and repair costs of additional equipment added to the Vehicle by the CUSTOMER, as well as the costs of washing, polishing, cleaning the vehicle interior and replacing the lost key, will be covered by the CUSTOMER.
5.2 Technical Inspection
MUSA CARS will inform the CUSTOMER before the end of the technical inspection period. The CUSTOMER will be responsible for bringing the Vehicle to the company address and having it inspected, at the expense of MUSA CARS. The CUSTOMER will be responsible for all penalties arising from not having the technical inspection carried out on time.
6. INSURANCE, COVERAGE AND LIABILITY
6.1. Motor Vehicles Compulsory Financial Liability Insurance of the vehicle rented to the CUSTOMER within the scope of the rental agreement and general conditions has been taken out by the COMPANY. Material damages and treatment expenses to other motor land transport vehicles, third parties and passengers in the vehicle are limited to the scope and limits of the vehicle's Compulsory Financial Liability Liability Insurance, and all responsibilities and liabilities that may arise, including material and moral damages, loss of value and loss of earnings, are the CUSTOMER's responsibility. It belongs to . If the customer does not purchase any of the insurance packages offered at the time of signature, the CUSTOMER will pay the LESSER to the LESSER for any material damages, damage cost, loss of value, and compensation for loss of commercial profits that may arise due to damage to the LESSER's vehicle, taking into account the fault in the accident.
6.2.CUSTOMER, presented to him at the time of signing the lease; If he purchases one of the traffic insurance, Mini Damage coverage Package, Super Damage coverage Package and Premium Damage coverage Package, which provides coverage against damages, by paying the package price in addition to the rental fee, he will be able to be relieved of his responsibilities within the framework of the conditions stated in the additional contract to this contract.
We have insurance clauses in our vehicles for situations other than alcoholic/license driving. Apart from these, if the documents are kept complete in case of accidents that may occur, insurance will be carried out. In case of damage to itself, the vehicle and/or its driver, persons in the vehicle and other third parties under contrary circumstances, the CUSTOMER accepts to bear the liability for damage and related expenses without objection.
a. In cases where it is determined that the person was drunk and/or under the influence of drugs at the time of the accident,
b. In cases where a traffic accident report is not prepared and an alcohol report is not obtained,
c. The COMPANY shall submit the traffic accident report, alcohol report, license photocopies of the vehicles involved in the accident, traffic insurance policy photocopies, driver's license photocopies, eyewitness report and the declaration and other documents requested by the COMPANY within 3 days at the latest from the date of the accident. If a cannot be submitted,
D. Traffic laws and/or 4.4. In cases where vehicles are used contrary to the matters listed in the article, in intentional accidents,
to. In case of accidents and/or damages that occur as a result of the use of the vehicle by people other than the CUSTOMER and the driver(s) specified as additional drivers in the rental agreement,
f. In cases where damage and loss amounts are not paid for any reason, in accordance with the general conditions of the Association of Turkish Insurance and Reinsurance Companies Compulsory Financial Liability Liability Insurance and/or automobile insurance policies, and/or in cases where insurance companies do not pay for any reason. In order to benefit from the said coverage, the CUSTOMER must submit the documents specified in paragraph (c) completely to the COMPANY. Otherwise, these guarantees cannot be benefited from, and the COMPANY is also authorized to request and collect the rental fees for the period until the date of presentation of these documents in full and complete. The scope of coverage cannot be benefited from by declaration. However, if the CUSTOMER purchases Mini Damage insurance or Medium Damage insurance, the damages that may occur on the vehicle due to the damage must be within the scope of the insurance conditions published by the Association of Insurance and Reinsurance Companies of Turkey in force on the date of the damage/incident, with the limits being limited to the limits specified in Annex-1. In this case, it can be covered by declaration.
6.3.CUSTOMER and additional drivers are obliged to take the following precautions in case of an accident:
a. To immediately inform the COMPANY by calling the Emergency Help Line notified to him/her,
b. To obtain an alcohol report along with an accident, damage, theft and loss report by contacting the nearest Police or Gendarmerie center without moving the vehicle,
c. If possible, take photographs of the vehicle at the scene of the accident,
D. Obtaining the names and addresses of relevant persons and witnesses,
to. In double-sided accidents, taking photocopies of the driver's license, registration and traffic insurance policies of the party/parties, and obtaining their information in cases where photocopy is not possible (driving license number, province of issue, traffic insurance policy numbers and name of the insurance company, etc.),
f. Not accepting responsibility for non-existent defects,
g. Not leaving the vehicle without taking adequate safety precautions,
h. In case of an accident resulting in material, fatal or bodily harm, immediately notify the nearest police officers or relevant authorities,
I. To deliver the accident notification and relevant minutes and reports to the COMPANY within 24 hours at the latest,
6.4. In case the CUSTOMER does not receive the above-mentioned guarantees or does not pay the fees partially or completely, he/she will be liable for any liability arising from and/or arising from accidents involving the motorized land transport vehicle subject to the lease, against the vehicle, the driver, the persons in the vehicle, other motorized land transport vehicles, and third parties. The CUSTOMER is responsible for any damage, loss, compensation, loss of value and loss of earnings, and the CUSTOMER is obliged to pay these costs.
6.6.In case the CUSTOMER receives theft coverage, he is obliged to take the necessary measures to prevent theft in order to benefit from this coverage. In case of any theft, the CUSTOMER must prove that he has taken the necessary precautions by returning the vehicle's license and keys, and submit the necessary official report to the police authorities regarding the theft incident. In case the vehicle or any part of the vehicle is stolen while it is rented, all necessary reports will be provided by the CUSTOMER and submitted to the COMPANY. If the reports are not given by the CUSTOMER within 3 business days or are not within the scope of the insurance general conditions of the Association of Insurance Reinsurance Companies of Turkey in effect on the date of the incident (for example, but not limited to, leaving the key on the vehicle and/or letting the car park/washing employees without a receipt/invoice). In cases such as delivery and/or abuse of security, etc.) or plagiarism, which insurance companies do not qualify as theft, the CUSTOMER shall immediately pay the current purchase price of the vehicle or vehicle parts/equipment to the COMPANY. The COMPANY reserves the right to request rent from the CUSTOMER for the period until this payment. In addition, the LESSER reserves the right to claim damages incurred. If the CUSTOMER does not receive theft insurance, in case the vehicle or any part/equipment of the vehicle is stolen while it is rented, the CUSTOMER is obliged to immediately pay the current purchase price of the vehicle and the vehicle part/equipment.
6.7. If the vehicle is used outside the rental period and/or by drivers other than those specified in the rental agreement or in violation of the law or the rental agreement and general conditions, the above-mentioned guarantees are invalid, even if the price/s have been paid by the CUSTOMER, and the CUSTOMER cannot benefit from insurance, security and legal rights.
6.8. COVERAGE PACKAGES
6.8.1 MINI DAMAGE COVERAGE PACKAGE:
a. It is a damage coverage package that offers repairs to the customer with a declaration of up to 3,000 TL for unilateral damage cases where it is not possible to prepare a report or keep a report.
b. It is a damage coverage package that provides free repair of tires or windshield upon written declaration of the driver, without requiring the police/gendarmerie or accident report, in case of tire or glass damage occurring other than an accident.
c. It is an coverage package that provides exemption coverage of 20% of the value of the vehicle at the time of the accident in case a report is prepared and a report is kept as a result of an accident with the vehicle.
D. In cases where the fault belongs to the renter as a result of an accident with the vehicle, the amounts requested for the damage cost of the rented vehicle, loss of value, loss of day/deprivation fee/loss of earnings compensation, and amounts outside the insurance limits in terms of material and moral compensation claims due to damages incurred in third parties. It is an coverage package that provides a 25% discount on the remaining price after deducting the exemption guarantee. Within the scope of this coverage package, the customer is not provided with a replacement vehicle service due to the accident, and the CUSTOMER remains responsible for the loss of earnings during the repair of the vehicle.
6.8.2. SUPER COVERAGE PACKAGE
a. It is a damage coverage package that offers repairs to the customer with a declaration of up to 7,000 TL for unilateral damage cases where it is not possible to prepare a report or keep a report.
b. It is a damage coverage package that provides free repair of tires or windshield upon written declaration of the driver, without requiring the police/gendarmerie or accident report, in case of tire or glass damage occurring other than an accident.
c. It is an coverage package that provides exemption coverage of 20% of the value of the vehicle at the time of the accident in case a report is prepared and a report is kept as a result of an accident with the vehicle.
D. In cases where the fault belongs to the renter as a result of an accident with the vehicle, the amounts requested for the damage cost of the rented vehicle, loss of value, loss of day/deprivation fee/loss of earnings compensation, and amounts outside the insurance limits in terms of material and moral compensation claims due to damages incurred in third parties. It is an coverage package that provides a 50% discount on the remaining amount after deducting the exemption guarantee. Within the scope of this coverage package, no replacement vehicle service is provided to the customer due to the accident, and the lessee remains responsible for the loss of earnings during the repair of the vehicle.
6.8.3.PREMIUM COVERAGE PACKAGE
a- It is a damage coverage package that offers repairs to the customer with a declaration of up to 12,000 TL for unilateral damage cases where it is not possible to prepare a report or keep a report.
b- It is a damage coverage package that provides free repair of tires and windshield upon written declaration of the driver, without requiring the police/gendarmerie or accident report, in case of tire and glass damage that occurs other than an accident.
c- In cases where a report is prepared and a report is kept as a result of an accident with the vehicle, in cases where the fault belongs to the CUSTOMER as a result of the accident with the vehicle, the cost of damage to the rented vehicle and the other party's vehicle, value losses, loss of day/deprivation fee/loss of earnings compensation, It is an coverage package that provides a 100% discount on amounts outside the insurance limits in terms of material and moral compensation claims due to damages occurring to third parties. Within the scope of this coverage package, whether a replacement vehicle service will be provided to the customer due to an accident is determined according to the fault of the CUSTOMER in the accident. In this coverage package, the CUSTOMER is not responsible for any loss of income during the repair of the vehicle.
6.8.4. Situations Excluded from the Scope of coverage Packages:
Every accident in which the person driving the car is involved under the influence of alcohol or drugs exceeding the legal limit,
The car is tied up by law enforcement officers due to its driver,
Hitting the underside of the car without any accident,
Burning the seat upholstery of the car, spilling liquid, delivering it extremely dirty,
The car can be used in mountainous terrain, sandy areas, swamps, beaches, etc. Damages caused by the use of automobiles for purposes, places and roads that are contrary to their endurance and characteristics on roads that are not suitable for traffic, rallies, speed trials, motor sports and driving in areas closed to traffic,
The CUSTOMER is responsible for any damage or damage caused by carelessness, carelessness or excessive force, as determined and reported by the authorized services.
Theft of your personal belongings from the car, theft of the vehicle's keys, falling into water, loss of license, license plate and/or equipment, wheel cover and spare wheel, loss and damage of additional rented products,
Accidents or damages involving a driver who is not registered in the contract,
Damages that may occur due to natural disasters if the CUSTOMER does not take precautions,
Damages caused by carrying uncaged animals in the car,
Error in use and/or carelessness, imprudence, etc. All damages, including all kinds of mechanical and electrical, caused by reasons (including, but not limited to, transmission failure due to incorrect gear shifting, damage that may occur due to continuing to use the vehicle even though the warning light is on, fuel-related malfunctions and damages, etc.),
Damages that may occur due to sabotage, terrorism and social events if the CUSTOMER does not take precautions.
Expenses, damage, etc. incurred as a result of incorrect or incomplete information provided during rental.
EXCEPT FOR MUTUAL AND UNILATERED TRAFFIC ACCIDENTS, AN ACCIDENT REPORT AND ALCOHOL REPORT MUST BE PROVIDED. IF THE RELEVANT REPORT IS NOT PREPARED, THE CUSTOMER IS FULLY RESPONSIBLE FOR ANY DAMAGES CAUSED.
7. RETURN OF RENTED CARS
7.1. If the CUSTOMER wishes to return the rented vehicle early, the deposit fee will not be refunded to the customer and the renter will have the right to consider the deposit fee as a penalty clause.
7.2.The CUSTOMER receives the vehicle along with its spare wheel, all tires, vehicle documents, accessories, additional products and equipment and tools, and sends it to the COMPANY's return address specified in the rental agreement and/or vehicle delivery form, in the rental agreement and/or vehicle delivery form. It will be returned and delivered completely and undamaged on the specified return day and time. If the CUSTOMER delivers the vehicles to an address other than the address to which they should be delivered, with the written approval of the COMPANY, he/she will pay a one-way fee to be determined by the COMPANY.
7.3.The CUSTOMERCUSTOMER must deliver the vehicle, its documents, accessories, additional products and equipment, undamaged and complete, in the same condition as received. The CUSTOMER is responsible for all kinds of damages and losses that occur outside the normal use detected during the return of the vehicle, and the CUSTOMER is obliged to immediately pay the amount to be determined by the LESSER. In addition, the COMPANY has the right to inspect the damage and deficiencies in the vehicle in detail within 30 days from the delivery date and notify the CUSTOMER. The fact that a vehicle return form/report is prepared during the return of the vehicle does not mean that the COMPANY has waived this control and notification right. The CUSTOMER will be responsible for any damage or loss that occurs on the vehicles other than normal use.
7.4.In addition, if the vehicle is not returned on the return date and time, the CUSTOMER will be liable for 1/3 of the daily rental fee for delays of the first 1 hour or more, 2/3 for delays of 2 hours or more, and 1 full day for delays of 3 hours or more. and in case of delays of 24 hours or more, the person will be obliged to pay the highest daily rental fee of that vehicle for each day. In this case, the CUSTOMER is obliged to pay any damages that may occur, including those resulting from the disruption/deterioration of the COMPANY's reservation plan. In addition, this cannot be interpreted as the lease agreement being extended or becoming indefinite.
8. RIGHT OF TERMINATION, TERMINATION OF THE CONTRACT AND PENALTY CLAUSE
8.1.These general conditions, rental agreement and vehicle delivery form will come into force from the date of signature and will automatically terminate without the need for further notice when the rented vehicle is delivered to the COMPANY in accordance with the provisions of the rental agreement, vehicle delivery form and general conditions. Even if the contract ends, the COMPANY is authorized to claim his rights arising from the rental agreement, general conditions and vehicle delivery form.
8.2 The COMPANY has the right to terminate the Main Agreement immediately in the following cases:
(a) In case the CUSTOMER violates the terms of the Main Agreement and/or Contract,
(b) In cases where the CUSTOMER is declared bankrupt, is referred to the liquidation process or trustee administration, becomes unable to pay his debts, initiates legal proceedings against his assets, applies for bankruptcy postponement and other situations,
(c) If the CUSTOMER delays the payments required to be made in accordance with this Agreement and the relevant Contract within 3 business days, the COMPANY will notify the CUSTOMER in writing. If the Lessee does not make the relevant payment within (3) business days from this written notification, or if the parties do not reach a separate agreement regarding the delayed payment, the COMPANY has the right to terminate the relevant Contract immediately in accordance with Article 8.4 of this agreement.
8.3. If the CUSTOMER does not fully or partially comply with any or all of the obligations and commitments stated in the rental agreement, general conditions, vehicle delivery form, the COMPANY may terminate the rental agreement, general conditions and vehicle delivery form unilaterally and unilaterally, without the need for any notice, warning or provision. has the right to terminate.
8.4.If the CUSTOMER abandons trade, applies for concordat, initiates enforcement proceedings against him in any way, has difficulty in paying, goes into liquidation or applies for bankruptcy, or applies to the court with a request for bankruptcy postponement, or if the rent is paid or any of the LESSER's receivables arising from this agreement. If the payment is not made in full on time or if the vehicle is found abandoned somewhere (at the discretion of the COMPANY), the rental agreement, general conditions and vehicle delivery form will be automatically terminated without the need for any notice, warning or provision.
8.5.From the date of termination of the rental agreement and general conditions, the CUSTOMER shall deliver the vehicle to the COMPANY at the delivery location specified in the rental agreement and/or vehicle delivery form within 3 hours at the latest. If the delivery is not made, the CUSTOMER hereby irrevocably accepts that the COMPANY will seize the vehicle at its location and take delivery of it without the need for any notification, warning or decision. CUSTOMER accepts, declares and undertakes that he/she will not claim any rights from the LESSER due to the LESSER's exercise of his/her right of seizure, and that he/she waives all lawsuit, complaint and other rights.
8.6.The CUSTOMER accepts and agrees that all obligations and responsibilities of the CUSTOMER arising from the rental agreement, general conditions and vehicle delivery form will continue until the day the vehicle is delivered by the CUSTOMER or confiscated and received by the LESSER, and the LESSER will be relieved of all obligations and responsibilities. commits.
8.7. Regardless of whether the vehicle is delivered by the CUSTOMER or confiscated and received by the COMPANY, the CUSTOMER will pay the full rental fees until the end of the rental agreement, the delay fees specified in Article 7.5, VAT to be incurred and 3% per month ( accepts and undertakes to pay the amount together with the interest accrued at the rate (including VAT). In addition, the LESSER shall bear all kinds of damages and compensation from the CUSTOMER.
may request.
9. TRANSFER, ASSIGNMENT, SUB-CUSTOMER, PROHIBITION OF JAIL
CUSTOMER cannot transfer or assign the lease agreement and general conditions to anyone else without obtaining the written consent of the COMPANY; He/she cannot in any way assign the vehicle delivered to him/her for the use of anyone else, use it as collateral, rent it, exercise the right of lien on it, or take any other similar action. The vehicle cannot be taken abroad without the written consent of the COMPANY. In case of written approval, all expenses and responsibilities for departure abroad will belong to the CUSTOMER. The LESSER may transfer and/or assign the rental agreement, general conditions, vehicle delivery form and/or the rights, receivables and obligations arising therefrom to another person without the need to obtain the CUSTOMER's permission.
10. CRIMINAL LIABILITY
CUSTOMER undertakes to return the vehicle belonging to the COMPANY immediately at the end of the rental period or within 3 hours from the date of termination in case the rental agreement, general conditions and vehicle delivery form are terminated for whatever reason. He declares that he knew that he would commit the crime of Abuse of Trust.
11.EVIDENCE
The CUSTOMER accepts and undertakes that in case of any dispute, the COMPANY's books and records will be taken as basis, the COMPANY's books and records are final and conclusive evidence within the meaning of Article 193 of the Civil Code, and that it will not object to the COMPANY's records in any way.
12.PRIVACY POLICY
The COMPANY and the CUSTOMER accept that all commercial and professional information belonging to the other party, which they will become aware of in accordance with the rental agreement, general conditions and vehicle delivery form, is confidential and undertake that this information will not be disclosed to third parties by the said parties or their employees during and after the contract. CUSTOMER, personal information, credit card etc. He consents to his information being stored by the COMPANY. This confidentiality commitment remains valid even if the rental agreement and these general conditions are terminated or cancelled. COMPANY's vehicle, brand, model, license plate, CUSTOMER, user, etc. Sharing such information with third parties and organizations from which it receives service cannot be considered as a violation of confidentiality. In addition, the CUSTOMER accepts and declares that the COMPANY may record his personal information and send all kinds of commercial electronic messages, including sms, mms, e-mail, for advertising, marketing and information purposes regarding products, services and campaigns, and communicate with him using other communication tools.
If the CUSTOMER acts contrary to this provision, he is obliged to pay any damages that may arise to the COMPANY.
13. DISPUTE RESOLUTION
In cases where a general court or trial is required for any dispute between the parties, the competent court and enforcement offices will be Istanbul - Bakırköy Courts/Enforcement Offices. General Conditions, Rental Agreement, Vehicle Delivery Form, Annexes and the agreements signed in addition to these general conditions. Turkish text will be taken as basis in the interpretation of these texts to be transmitted.
14. AMENDMENT
Any variation or addition to these terms and conditions is void unless in writing.
15. NOTIFICATION
The parties accept, declare and undertake that the addresses written above are their legal notification addresses, and that notifications to these addresses will result in all legal consequences of legally valid notification unless the address change is notified to the other party in writing within 3 days.
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\n\nCar Rental Conditions\n\n
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\nCredit card usage, Deposit and Financial data\n
\nOur rental customers are required to have a credit card issued in their name at the time of rental. This credit card must be available for internet use. Although it varies depending on the group of vehicle rented from this credit card, a pre-authorization amount will be taken for economical, economy plus, middle, middle plus, SUV, mini van, lux, and lux plus vehicles. 10 business days after the end of your rental, written information will be sent to the relevant bank to remove the provision. Since they are not a pre-authorized sales transaction, you do not have to pay it to the bank.
\nIn order to ensure a safer driving, rental and fulfillment of the contract concluded with you and to reduce the risks arising from the contract, financial analyzes of our customers who have not rented a car from our company in the last 6 months may be requested to be made through the findeks.com (KKB Kredi Kayit Bureau A.Ş) website. After the report is shared with MUSA by the customer, Musa rent a car will re-evaluate the report with its own calculation method and see whether it complies with the rental conditions. Even if a reservation is made for car rental requests that do not comply with the conditions, the vehicle will not be delivered and the payment amount will be refunded to the customer even if the payment has been made.
\nIf our customers do not prefer report sharing, our customer will be asked to provide separate authorizations of 50,000 TL each from the credit card obtained in his/her name from three different banks, provided that only the Economy group vehicle is delivered. Even if a reservation has been made for the car rental requests of our customers who do not comply with this condition, the vehicle will not be delivered and the payment amount will be refunded to the customer even if the payment has been made.
\n\nPrepaid reservation conditions\n
\nThe credit card holder from whom the payment is made (the user name must be written on the card) and the person who will purchase the vehicle must be the same. The credit card used for payment will be requested to be presented at the office.
\nOur reservation cancellation and refund conditions for the car you rented from Musa are as follows:
\n 1- If there are more than 10 days until the rental date, you can cancel your reservation without giving any reason. The entire reservation fee will be refunded to the credit card you provided during rental within 7 business days.
\n2- If the reservation is canceled less than 10 days before the rental date, the 3-day rental fee and the extra purchased services and products are deducted from the reservation amount and the remaining amount is refunded to the credit card you provided during the rental within 7 days. If the rental period is less than 3 days, no refund will be made.
\n3- If the vehicle is not picked up at the rental time without canceling the reservation, the provisions regarding cancellation of the reservation in less than 1 hour will be applied and the remaining amount, after deducting the 3-day rental fee and extra purchased services and products, will be refunded to the credit card you provided during the rental within 7 days.
\n4- If the vehicle is delivered earlier than the rental period, no refund will be made for the remaining days.
\n5- Cancellation notifications must be made in writing to reservations@musacars.com or to our reservation center via phone number +90 530 118 74 23.
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\nServices and products excluded from MUSA Rent a Car prices\n
\nMotor Vehicles Compulsory Financial Liability Insurance of the vehicle rented to the CUSTOMER within the scope of the rental agreement and general conditions has been taken out by the LESSOR. Material damages and treatment expenses to other motor land transport vehicles, third parties and passengers in the vehicle are limited to the scope and limits of the vehicle's Compulsory Financial Liability Liability Insurance, and all responsibilities and liabilities that may arise, including material and moral damages, loss of value and loss of earnings, are the CUSTOMER's responsibility. It belongs to . If the customer does not purchase any of the insurance packages offered at the time of signature, the material damages, damage cost, loss of value, and compensation for loss of commercial profits that may arise due to damage to the vehicle belonging to the LESSER, taking into account the fault in the accident that will occur, will be paid to the LESSER by the CUSTOMER.
\nCUSTOMER, presented to him at the time of signing the lease; If he purchases one of the traffic insurance, Mini Damage Assurance Package, Super Damage Assurance Package and Premium Damage Assurance Package, which provides assurance against damages, by paying the package price in addition to the rental fee, he will be able to be relieved of his responsibilities within the framework of the conditions stated in the additional contract to this contract.
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\n• COVERAGE PACKAGES\n
\n\n- Mini Damage Coverage
\na. It is a damage assurance package that offers repairs to the customer with a declaration of up to 3,000 TL for unilateral damage cases where it is not possible to prepare a report or keep a report.
\nb. It is a damage assurance package that provides free repair of the glass or frame, based on a written declaration from the driver, without the need for a police/gendarme report or accident report.
c. It is an assurance package that provides exemption assurance of 20% of the value of the vehicle at the time of the accident in case a report is prepared and a report is kept as a result of an accident with the vehicle.
\nD. In cases where the fault belongs to the renter as a result of an accident with the vehicle, the amounts requested for the damage cost of the rented vehicle, loss of value, loss of day/deprivation fee/loss of earnings compensation, and amounts outside the insurance limits in terms of material and moral compensation claims due to damages incurred in third parties. It is an assurance package that provides a 25% discount on the remaining price after deducting the exemption guarantee. Within the scope of this assurance package, the customer is not provided with a replacement vehicle service due to the accident, and the customer remains responsible for the loss of earnings during the repair of the vehicle.
\n\n- Super Damage Coverage
\na. It is a damage assurance package that offers repairs to the customer with a declaration of up to 7,000 TL for unilateral damage cases where it is not possible to prepare a report or keep a report.
\nb. It is a damage assurance package that provides free repair of the glass or frame, based on a written declaration from the driver, without the need for a police/gendarme report or accident report.
\n c. It is an assurance package that provides exemption assurance of 20% of the value of the vehicle at the time of the accident in case a report is prepared and a report is kept as a result of an accident with the vehicle.
D. In cases where the fault belongs to the renter as a result of an accident with the vehicle, the amounts requested for the damage cost of the rented vehicle, loss of value, loss of day/deprivation fee/loss of earnings compensation, and amounts outside the insurance limits in terms of material and moral compensation claims due to damages incurred in third parties. It is an assurance package that provides a 50% discount on the remaining amount after deducting the exemption guarantee. Within the scope of this assurance package, no replacement vehicle service is provided to the customer due to the accident, and the lessee remains responsible for the loss of earnings during the repair of the vehicle.
\n\n- Premium Damage Coverage
\na. It is a damage assurance package that offers repairs to the customer with a declaration of up to 12,000 TL for unilateral damage cases where it is not possible to prepare a report or keep a report.
\nb. It is a damage assurance package that provides free repair of the glass or frame, based on a written declaration from the driver, without the need for a police/gendarme report or accident report.
\n c. In cases where a report is prepared and a report is kept as a result of an accident with the vehicle, in cases where the fault belongs to the customer as a result of the accident with the vehicle, the cost of damage to the rented vehicle and the other party's vehicle, value losses, loss of day/deprivation fee/loss of earnings compensation, It is an assurance package that provides a 100% discount on amounts outside the insurance limits in terms of material and moral compensation claims due to damages occurring to third parties. Within the scope of this assurance package, whether a replacement vehicle service will be provided to the customer due to an accident is determined according to the fault of the customer in the accident. In this assurance package, the customer is not responsible for any loss of income during the repair of the vehicle.
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\nSituations Excluded from the Scope of Assurance Packages:\n
\nSituations Excluded from the Scope of Assurance Packages:
\nEvery accident in which the person driving the car is involved under the influence of alcohol or drugs exceeding the legal limit,
\nThe car is tied up by law enforcement officers due to its driver,
\nHitting the underside of the car without any accident,
\nBurning the seat upholstery of the car, spilling liquid, delivering it extremely dirty,
\nThe car can be used in mountainous terrain, sandy areas, swamps, beaches, etc. Damages caused by the use of automobiles for purposes, places and roads that are contrary to their endurance and characteristics, on roads that are not suitable for traffic, rallies, speed trials, motor sports and driving in areas closed to traffic,
\nThe customer is responsible for any damage or damage caused by carelessness, carelessness or excessive force, as determined and reported by the authorized services.
\nTheft of your personal belongings from the car, theft of the vehicle's keys, falling into water, loss of license, license plate and/or equipment, wheel cover and spare wheel, loss and damage of additional rented products,
\nAccidents or damages involving a driver who is not registered in the contract,
\nDamages that may occur due to natural disasters if the customer does not take precautions,
\nDamages caused by carrying uncaged animals in the car,
\nError in use and/or carelessness, imprudence, etc. All damages, including all kinds of mechanical and electrical, caused by reasons (including, but not limited to, transmission failure due to incorrect gear shifting, damage that may occur due to continuing to use the vehicle even though the warning light is on, fuel-related malfunctions and damages, etc.),
\nDamages that may occur due to sabotage, terrorism and social events if the customer does not take precautions.
\nExpenses, damage, etc. incurred as a result of incorrect or incomplete information provided during rental.
\nEXCEPT FOR MUTUAL AND UNILATERED TRAFFIC ACCIDENTS, AN ACCIDENT REPORT AND ALCOHOL REPORT MUST BE PROVIDED. IF THE RELEVANT REPORT IS NOT PREPARED, THE customer IS FULLY RESPONSIBLE FOR ANY DAMAGES CAUSED.
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\nVEHICLE PICKUP AT THE LOCATION\n
\nIf the vehicle is desired to be rented or delivered at a point other than the specified stations, a delivery fee will be applied.
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\n• FUEL\n
\nVehicles are delivered with a full tank of fuel whenever possible and a full tank of fuel is requested to be returned. If the vehicle is delivered with a full tank and returned to us with a missing tank of fuel, the calculated fuel fee will be requested from the renter. It will be much more economical for the renter to deliver the vehicle with the fuel level it was purchased for.
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\n• HGS\n
\nThe usage fee for the HGS service used in toll highway and bridge crossings will be collected from the customer.
\n\n• UNLIMITED KM PACKAGE\n
\nLimited mileage is applied to your rentals. You can do a maximum of 150 km / day in a rental. If you exceed the mileage, you will be charged extra depending on the vehicle group. If you buy this package, km will be unlimited.
\n\n• ADDITIONAL DRIVER\n
\n2 additional drivers can be added for a fee, provided that the driver's license is shown and the rental prerequisites are met (except for the deposit prerequisite).
\n\n• BABY SEAT\n
\nBaby and child seats can be provided in the vehicles. If you specify it during your reservation, our reservation managers will inform you.
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\n• REQUESTS FOR CHANGE IN THE RENTAL CONTRACT\n
\nIn cases where it is not possible to meet a requested change operationally (the vehicle has a reservation, maintenance mileage is due, etc.), this request may not be met. Even if the change request is accepted, an additional fee may be charged as this will change the initially determined price calculation. . A change in any of the following conditions may change the rental terms. The request for extension of the rental period is received by phone at the first extension and the fee is collected and confirmed by mail order. In subsequent extension requests, the vehicle must be brought to one of the MUSA rent a car offices and checked.
\n- Changing the return date and time (extension/early return)
\n- Change of return station
\n- Vehicle group change
\n- Request to add an additional driver to the contract
\n- Time difference
\nRental period is 24 hours. An amount of 30% of the daily rental fee may be requested for each hour of late delivery. Delays in vehicle delivery without approval may cause the Insurance Benefit Coverage (Full or Exempt Accident Coverage) to be disabled and may also result in an additional time difference fee.
\n\n• YOUNG DRIVER\n
\nWhen renting a car, the age and driving license years specified in the vehicle groups are required. Failure to meet these conditions
\nIn this case, you can rent a car in a higher class by purchasing the 'Young Driver Package'.
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\n• TRAFFIC PENALTY SERVICE COST\n
\nThe customer is responsible for any traffic fines arising from the use of the vehicle during your rental period.,
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\n• OTHER OPERATIONAL EXTRAS\n
\nYou can get information about the prices and availability of the services you think you may need during your trip by informing our reservation officers.
\nReservation terms
\n\nRequired identification documents:\n
\nFor Turkish Citizen: ID and Driving License
\nTurkish citizens who will rent know and accept that it is only possible to drive in our country with driver's licenses obtained from foreign countries under the following terms and conditions:
\nWith driver's licenses obtained from foreign countries, the vehicle can be used for a maximum of 1 year from the date of entry into our country.
\nThose who have been in our country for more than six months are required to have the Turkish translation of their driver's license approved by foreign representatives or a notary, along with their driver's license, while driving.
\nAt the end of one year, in order to drive in our country, it is mandatory to replace the driver's licenses obtained from foreign countries with our country's driver's license.
\nForeign nationals who will rent know and accept that it is possible to drive in our country with the driver's licenses they have obtained from foreign countries under the following terms and conditions:
\nWith driver's licenses obtained from foreign countries, the vehicle can be used for a maximum of six months from the date of entry into our country.
\nAt the end of six months, in order to drive in our country, driver's licenses obtained from foreign countries must be replaced with our country's driver's license.
\nFor foreign driver's licenses, if the driver's license issue date and the customer's name are written in Latin alphabet and can be read, car rental can be made. If it is not written in the Latin alphabet, a notarized translation must be declared.
\n\nMinimum rental period: The company requests that the minimum rental period be 3 days.\n
\n\nAdditional driver: An additional driver can be added to the main customer, provided that the conditions for him/her are the same as those for the main driver, and the additional driver's data must be recorded in the rental agreement with the main driver. .\n
\n\nProvision amount (DEPOSIT): The deposit amount is determined according to the category of the requested vehicle.\n
\n\nCustomer's age: The company requires a minimum age of the customer (21) and maximum age (70).\n
\nWe provide details about the ages of the customers, the vehicle categories they are allowed to use and the driver's license age in the table below:
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| \nAraç Grupu\n | \n\nÖrnek Araçlar\n | \n
| ECONOMY / ECONOMY PLUS | \nRenault symbol, renault clio, Peugeot 301, fiat egea, Hyundai i20, dacia sandero, renault taliant | \n
| MİDDLE | \nRenault megane, Volkswagen jetta, honda city, Toyota corolla, dacia lodgy, skoda rapid, opel astra, Peugeot 208, vw polo, skoda fabia, kia cerato, opel corsa | \n
| MİNİ VAN / SUV / MİDDLE PLUS | \nVw passat, Toyota corolla hybrid, Hyundai bayon, seat arona, vw tiguan, seat ateca, Peugeot 2008, opel mokka, Peugeot 5008, Citroen jumpy, ford custom | \n
| LUX / LUX PLUS | \nAudi a3, bmw 216d, bmw 520i | \n
| \n | \nCar Category\n | \n\n | \nAge\n | \n\n | \n | \nEhliyet\n | \n
| \n | \n | 21 | \n23 | \n25 | \n28 | \n\n |
| 1 | \nECONOMY / ECONOMY PLUS | \n\n | \n | \n | \n | 6 Monthes | \n
| 2 | \nMİDDLE | \nX | \n\n | \n | \n | 6 Monthes | \n
| 3 | \nMİNİ VAN / SUV / MİDDLE PLUS | \nX | \nX | \n\n | \n | 1 YEAR | \n
| 4 | \nLUX / LUX PLUS | \nX | \nX | \nX | \n\n | 1 Year | \n
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\nCustomer's commitment\n
\nThe customer's commitment to comply with the contract signed between him and the company.
\nThe customer must have his identification documents with him when picking up and delivering the vehicle, and all of them must be valid.
\nThe customer's commitment to assume full responsibility for the authenticity of the identification documents provided.
\nThe customer undertakes to pick up the vehicle himself and sign the rental agreement himself.
\nThe customer's commitment to the agreed pickup and delivery date.
\nIf the customer wishes to extend the contract, his commitment; Contact us 48 hours before the contract ends.
\nThe customer's obligation to pay toll fees (HGS) to the company.
\nObligation to pay for traffic violations caused by the customer.
\nThe customer is obliged to return the vehicle with the fuel index at which it was delivered or to pay some money for the fuel consumed.
\nThe customer undertakes to return the car as it was received, clean inside and out, or to pay an amount of money to have the car washed.
\nThe customer's obligation to return the vehicle in intact condition as it was received or to pay compensation for new damages that may arise from its use.
\nThe customer is obliged to use the vehicle himself or the additional driver whose information is registered in the contract, and it is strictly prohibited for anyone other than the contracted customer and the additional driver, if any, to use the vehicle.
\nThe customer's obligation to pay the value of additional mileage exceeded by the authorized mileage.
\nWhen an accident occurs, the customer is obliged to keep a report of the accident, \"God forbid\", and to contact us if he/she needs help.
\nThe customer's commitment to comply with the traffic rules in Turkey.
\nThe obligation of the customer to inform the company before leaving Istanbul and in case he travels without the knowledge of the company; The company has the right to take appropriate measures against him.
\n\nCompany's commitment\n
\nThe company's commitment to comply with the terms of the contract signed between itself and the customer.
\nThe Company's commitment to the security and privacy of customer data and information.
\nThe company's commitment to transparency and reliability with customers.
\nThe company's commitment to measuring customer satisfaction and taking into account their suggestions at the end of the contract period and throughout the contract period.
\nThe company's commitment to paying attention to customer complaints, knowing their causes, and addressing them.
\nThe company's commitment to deliver the car to the customer in good condition, internally and externally.
\nThe company's commitment to deliver the car clean, free of unpleasant odors such as smoke.
\nThe company's commitment to deliver the car to the customer with fuel.
\nThe company's commitment regarding the date and place of delivery and delivery of the vehicle.
\nThe company's commitment to provide the customer with 150 kilometers per day for each day of the rental period.
\nThe company's commitment to refund the provision fee to the customer when he/she picks up the vehicle, after deducting any fees owed to him/her such as additional mileage value, tolls, violations, oil level, cleanliness of the vehicle, any damage... if any.
\nThe company's commitment to extend the customer's lease; An alternative vehicle can be provided upon request or 48 hours before the end of the contract.
\nThe company's commitment to serve the customer around the clock and assist him in all circumstances.
\nThe company's commitment to provide a new car upon receipt of the car; For periodic maintenance, emergency repair or inspection purposes.
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MEMBERSHIP AGREEMENT
1- PARTIES
This agreement is the owner of all rights of the website operating at www.musacars.com, headquartered in “Başakşehir mah. ılgaz sk. Arterium-1 residence no 7-9d Başakşehir/istanbul\" between MUSA DIŞ TİCARET VE İNŞ LTD ŞTİ and the Member who became a member of the site (hereinafter referred to as \"Member\"), the membership made by the member with his/her own will through the website www.musacars.com domain. was made during the registration phase. By becoming a member of the site, the Member accepts, declares and undertakes that he/she has read and understood the entirety of this Agreement and approves all its provisions.
2-DEFINITIONS
Specified in this Agreement;
Musa Cars: MUSA DIŞ TİCARET VE İNŞ LTD ŞTİ
Member: Real or legal person who is a member of the website,
Site: The website broadcasting through the domain name www.musacars.com,
Vehicle: Vehicle of any brand and model owned by Musa Cars and subject to rental,
Agreement: This refers to the \"Website Membership Agreement\".
3- SUBJECT OF THE CONTRACT
The subject of this Agreement is the determination of the procedures and principles regarding the rental of vehicles online on the site by Musa Cars and the mutual rights and obligations of Musa Cars and the Member. This agreement governs the vehicle(s) to be built on the site and to be rented by the member.
4- RIGHTS AND OBLIGATIONS OF Musa Cars
4.1. Although Musa Cars takes all reasonable security measures required by law to prevent the loss, misuse and modification of personal identity, address and contact information under its control and control, it does not guarantee the security of this information. The information and data transferred by the Member to the site will not be interpreted as confidential information.
4.2. For security reasons, Musa Cars will be able to monitor and record all kinds of activities of the Member on the site and, when deemed necessary, may take any kind of action such as removing the member from the site, freezing the membership, canceling the membership and so on.
4.3. Musa Cars may change the form and content of the site partially or completely, as well as change the domain name on which the site is published, use different sub-domain names, redirect the domain name and/or close the domain name without prior notice to the Member.
4.4. Membership to the website is not a prerequisite for the provision of car rental service by Musa Cars, and since car rental service can be received without becoming a member, all benefits offered to the Member within the scope of Membership are considered \"Additional benefits\".
4.5. Musa Cars may change the scope and types of services it offers on the site, as well as partially or completely freeze, terminate or completely cancel the services offered on the site, at any time and without giving any reason, without prior notice to the Member.
4.6. Musa Cars may make changes and/or updates to the service, rental conditions and operation at any time in order to carry out the works and transactions specified in the Agreement more effectively. Members accept and declare that they accept these changes and that they will act in accordance with these changes.
4.7. This Agreement does not contain any commitments regarding the number of vehicles that Musa Cars will rent, brand, model and model year, or other matters. The member cannot claim rights or receivables under any name from Musa Cars for these and other reasons.
4.8. Musa Cars has the right not to initiate, stop, terminate and/or cancel the rental activities unilaterally. The member accepts, declares and undertakes that there is no right of objection in this regard.
5- MEMBER'S RIGHTS AND OBLIGATIONS
5.1. Membership is completed by completing the membership procedure specified on the site by the person who wants to become a member and completing the registration process. By becoming a member, the member accepts the provisions of this Agreement and any statements made or to be announced later by Musa Cars regarding membership and services.
5.2. The member declares that the identity, driver's license, address and contact information he/she specified during the membership process is complete and correct, that he/she will immediately forward this information to Musa Cars in case of any change in his/her information, and that he/she will be solely responsible for any legal disputes and damages that may arise due to incomplete, out-of-date or incorrect information. He accepts and declares that he will be responsible. For this reason, no liability and/or fault that may arise can be attributed to Musa Cars.
5.3. While the member benefits from the services specified on the site, T.R. He will act in accordance with the laws and general moral rules, and will not tolerate insults, threats, slander, harassment, etc. will not engage in any actions, will not engage in political or ideological propaganda, will not engage in behavior that disturbs other Members, will stay away from any behavior that may tarnish individuals or institutions, and will avoid any action that may cause disruption or interruption of the services provided on the site; otherwise, it will be personally responsible for any damage that may occur. accepts and undertakes that it will happen.
5.4. The Member accepts and undertakes that it will not violate the intellectual and industrial rights of third parties, will respect the copyrights of third parties, will not engage in unfair competition and will respect the trade secrets and private lives of third parties.
5.5. While using the site, the member agrees to use a password that cannot be easily guessed by others, such as username, password, etc. He accepts and declares that he will not share his information with others and that he will be solely responsible for the security of this information since it is not kept in the site database, and Musa Cars will not be responsible in any way.
5.6. The member accepts and declares that he will only use his own membership account, that he will not use the account information of other members and that he will not allow others to use his membership account. Otherwise, if Musa Cars detects such a situation, his membership may be canceled and he will compensate for any damages that may have occurred.
5.7.The member accepts and undertakes that he/she will not send any harmful programs, software, codes or similar materials to the site and will avoid any actions that may endanger the security of the site and its members.
5.8.The member cannot transfer the membership account to third parties.
5.9.The member cannot restrict or prevent others from using the site and cannot interfere with the operation of the site or the servers or networks used to make the site available.
5.10. Musa Cars is not responsible for any direct or indirect damages that may occur regarding the member's access and use of the site, including but not limited to virus attacks affecting the member's computer hardware and/or losses and damages arising from the information obtained from the site.
5.11.The member agrees that he/she will not use any device, software or tool to interfere or attempt to interfere with the operation of the site, will not connect to the site or take any action without authorization, and will not access or use the software and data of other internet users without permission.
6- INTELLECTUAL PROPERTY RIGHTS
6.1. The presentation and all content of the site are copyrighted by T.R. It is protected by legislation and intellectual property legislation, and all information and data published on this site, especially all trademarks, logos and service marks, belong to Musa Cars or its licensors. The Member cannot distribute, transmit, modify, copy, display, reproduce, publish, process or otherwise use the content of the site, directly or indirectly, verbatim or in any other way, or allow anyone else to access or use the services of the site, without the written consent of Musa Cars. can't give Otherwise, the Member will be responsible for paying to Musa Cars any compensation amount requested from Musa Cars due to any damages suffered/to be suffered by Musa Cars and any damages suffered by third parties, including but not limited to licensors.
6.2. All assets, real and personal, of Musa Cars, including Site services, Site information, copyrighted works of the Site, trademarks of the Site, commercial appearance of the Site or any material and intellectual property rights related to the Site. All rights to commercial information and know-how are reserved.
6.3. All rights of all texts, graphics, visuals and all pictures on the site are reserved and cannot be used without permission.
6.4. Any unauthorized disclosure and use, including but not limited to the unauthorized use of all financial rights regarding the site content, design and software (processing, reproduction, dissemination, representation and public presentation), will constitute a violation of intellectual and industrial property rights.
6.5.Members accept and undertake that they will comply with the Turkish Code of Obligations, Turkish Penal Code, Law on Intellectual and Artistic Works, Turkish Commercial Code, Decree Law on Trademarks and any existing and/or future legislation when using the Site. Any legal, administrative, criminal and financial liability that may arise due to contrary use belongs to the Member and Musa Cars's right of recourse is reserved.
7- RESPONSIBILITY
The Member accepts that there may be deficiencies in the information and services offered/published on the Site, communication problems, technical problems, infrastructure and internet malfunctions, power outages and/or other problems, but not limited to the ones listed, and in the event of such problems/malfunctions, Musa Cars will notify the Member without any notice. is authorized to stop or terminate or cancel car rental activities on the site without the need for notification and without giving any reason. For these reasons, the member cannot claim rights or payments under any name from Musa Cars.
Musa Cars does not guarantee that the service will be error-free or provided continuously or that the service is free of viruses and other harmful elements. Musa Cars cannot be held responsible for any direct and/or indirect damages arising from the member's use of any product or service. The member accepts and declares that he/she is personally responsible for any damage or loss that may occur as a result of using the service or the site.
Musa Cars cannot be held responsible for any direct and/or indirect damages arising from the Member's use of any product or service on the site. The member accepts and declares that he/she is personally responsible for any damage or loss that may occur as a result of using the service or the site.
8- FORCE MAJEURE
Unavoidable situations that are beyond the reasonable control of the relevant party and that cannot be prevented despite due diligence, including but not limited to natural disasters, riots, wars, strikes, communication problems, technical problems, infrastructure and internet failures, power outages and bad weather conditions. In cases of \"Force Majeure\"; Musa Cars has the right to perform any of its obligations specified in this agreement late, incompletely or not at all. Because, during this Force Majeure, Musa Cars' obligations are suspended. In these and similar cases, Musa Cars will not be deemed to be in arrears, incomplete performance, non-performance or default. For these situations, no compensation under any name can be claimed from Musa Cars. If the force majeure situation continues for more than 7 (seven) days, Musa Cars is authorized to terminate this agreement unilaterally and without compensation, without the need for any notification.
9- MEMBERSHIP CANCELLATION AND TERMINATION OF THE AGREEMENT
9.1. In case the Member acts partially or completely against any or all of its obligations arising from this agreement, Musa Cars may unilaterally terminate this agreement and cancel the Member's membership, without the need for any notification and without giving any reason, and may also partially or completely freeze or cancel the services it will receive. For this reason, in case of termination, the Member cannot make any rights or demands from Musa Cars. The member cannot object to this issue.
9.2. Musa Cars is authorized to terminate this agreement unilaterally, without giving any reason and without the need for any notification, to cancel the Member's membership and to partially or completely freeze or completely cancel the services that the Member has received, is currently receiving or will receive from the site. In this case, the Member may claim that there has been an unjust, unjustified, unreasonable, unintentional and untimely termination, a violation of good faith, or any other reason or excuse, and that Musa Cars will not be entitled to any right, receivable, loss of profit, compensation for damage or damage, or under any other name or title. cannot request any payment.
10- DURATION OF THE CONTRACT
This Agreement comes into force from the moment it is approved on the Site and terminates automatically, without the need for further notice, when Musa Cars cancels the Member's membership and/or terminates the services offered on the Site.
11- PRIVACY AND PROTECTION OF PERSONAL DATA
11.1 The Member will keep confidential any information, whether commercial, financial, legal or technical, whether or not subject to trade secret or other legal protection, obtained directly or indirectly regarding Musa Cars during the performance of this Agreement, and shall keep Musa Cars' will not disclose it to any person without permission. Otherwise, the Member is responsible for the damages suffered by Musa Cars. In addition, Musa Cars may collect the Member's identity, address, contact, IP and site usage information in a database for all legal purposes, including but not limited to purposes such as conducting user profile and market research, creating reservations and site usage statistics, and can use the information without any restrictions. Musa Cars is authorized to share information regarding the Member with the insurance company, bank and third parties/institutions it deems necessary regarding the services offered on the site. In addition, Musa Cars may share this information with third parties/institutions in order to comply with the obligations imposed by law or upon request for an investigation or investigation carried out by the competent judicial or administrative authority, or to protect the rights and security of users. This confidentiality provision is valid indefinitely, even after the contract period ends.
11.2 Member's personal data will be collected by automatic or non-automatic means, in accordance with the performance of the contractual relationship or for other reasons stipulated by law, within the framework of the operation and development of the services. The personal data in question is provided by Musa Cars to provide services such as reservation and vehicle sales, to increase company recognition with gifts and messages to be sent with announcements/celebration and other contents, and to provide general or personalized advertisements, announcements and campaign information for the promotion and marketing of services, to provide better service. It will be processed for other purposes such as providing better service to customers by managing customer satisfaction or complaints and conducting customer surveys and providing feedback within the framework of the loyalty program; The member has expressly consented to these matters. Execution of the contract, data security, companies within the group of companies to which Musa Cars is affiliated, and the databases used jointly with them, institutions and organizations from which the approval of their applications will be received, official institutions, authorized representatives, insurance companies, information technology service providers. will be transferred to companies providing call center services, companies used as intermediaries for transportation and cargo delivery, and all third parties whose services are used or cooperated, for the purpose of fulfilling the contract and providing services; The member has expressly consented to these matters.
11.3 Within the framework of Personal Data Protection legislation, personal data; learning whether it has been processed or not, and if so, requesting information about it; To learn the purpose of processing and whether it is used by us in accordance with these purposes, to learn about the third parties to whom it is transferred domestically or abroad; Request correction in case of incomplete or incorrect processing; Request deletion or destruction or anonymization if the reasons requiring processing no longer exist; In such cases or in case of correction, request that these be notified to third parties to whom data is transferred; Object to this situation if it is thought that a result against the Member has arisen by analyzing the processed data exclusively through automatic systems; In case of any damage suffered due to illegal processing, to request compensation for this damage; They have rights.
11.4 The Member has approved the sending of commercial electronic messages to the contact addresses currently under Musa Cars or to be provided in the future within the scope of the Law on the Regulation of Electronic Commerce. Commercial messages containing data, audio and video for all kinds of commercial purposes, including but not limited to commercial electronic messages for changes, use and maintenance of the goods or services provided, telephone, call centers, fax, automatic dialing machines, smart voice recorder systems It can be sent electronically using means such as e-mail, short message service.
12- NOTIFICATION
The parties accept and undertake that the addresses specified during the membership process are their legal notification addresses, and that notifications to these addresses will have all the legal consequences of legally valid notification unless the address change is notified to the other party in writing.
The member is responsible for any changes to the contract and services, cancellation of membership, termination of this agreement, termination, etc. He/she has consented to all kinds of notifications being sent to the e-mail address specified during the membership process, and accepts and undertakes that the notification has been notified from the moment it was sent by Musa Cars and will have legal consequences, regardless of whether the e-mail notifications are received or not. Musa Cars is not responsible for the late or non-delivery of the notification to the member and its consequences. E-mail and fax cannot be used in the Member's correspondence with Musa Cars.
13- CHANGES IN CONTRACT PROVISIONS
Musa Cars has the right to make unilateral changes to the provisions of this agreement without the need to notify the Member and without giving any reason. The Member is deemed to have accepted the changes in question from the moment they are published on the Site. The member hereby irrevocably accepts this matter.
14- AUTHORITY AND EVIDENCE AGREEMENT
14.1.Turkish Law will be applied and Istanbul Anatolian Courts and Enforcement Offices will be authorized to resolve the problems arising from the implementation of this agreement.
14.2.The Member acknowledges that, in case of disputes that may arise, all kinds of documents, records, books and all kinds of information, writings and records of Musa Cars on computers and the internet will constitute the sole, exclusive and definitive evidence and will be binding, within the scope of HMK.193 of this article. accepts that there is an evidence contract.
15- OTHER PROVISIONS
15.1. If any provision of this Agreement is deemed invalid or unenforceable for any reason, the other provisions of the agreement will remain in force.
15.2. Musa Cars' failure to exercise or delay in exercising any right or power it has under the Agreement does not mean that it has waived that right or power, nor does the single or partial exercise of a right or power preclude the subsequent exercise of that or another right or power. No waiver of any term, clause or provision of this Agreement shall be deemed or construed as a subsequent or continuing waiver of such term, clause or provision.
15.3.From the moment this agreement is approved on the Site, it replaces the agreement previously approved on the Site, if any. In case of dispute, the provisions of this agreement shall apply, regardless of the period in which the agreement is in force. The Member declares that he/she has no rights or receivables from Musa Cars due to the contract and commercial operation previously approved on the Site, if any, and that he/she irrevocably discharges Musa Cars in the broadest sense in all matters, and that Musa Cars is responsible for the contract and commercial relationship in question. It accepts, declares and undertakes that all responsibilities that have arisen and/or will arise against .
15.4.The member declares that they have read, understood and accepted all the applications and rules on the site. The member declares that he accepts the arrangements that may be contrary to his interests in the entire contract, knowing and understanding the consequences.
15.5.The Member cannot transfer or assign its rights, receivables and obligations arising from this agreement to third parties without obtaining the written permission of Musa Cars.
15.6 To the extent permitted by law, Musa Cars will not be liable for indirect, consequential or punitive damages (including but not limited to lost profits). Musa Cars' liability for damages arising from the breach of any obligation or warranty, including its obligation to compensate the Member, and its obligation to compensate third parties is limited to the amount of the total fee to be paid to Musa Cars in connection with this Agreement. In any case, Musa Cars will not be responsible for any indirect damages suffered by the Member.
16. ENFORCEMENT AND ACCEPTANCE
16.1. This Agreement comes into force on the date it is announced by Musa Cars within Musa Cars. Members accept the provisions of this agreement by using Musa Cars. Musa Cars may change the provisions of this agreement at any time, and the changes will come into force directly on the date of publication on Musa Cars, without any notification and/or acceptance, by specifying the version number and change date.
16.2. The Member acknowledges that, in case of disputes that may arise from this Agreement, the electronic and system records, commercial records, book records, microfilm, microfiche and computer records kept in the databases and servers of \"MUSA DIŞ TİCARET VE İNŞ LTD ŞTİ\" will constitute valid, binding, definitive and exclusive evidence. TİCARET VE İNŞ LTD ŞTİ accepts, declares and undertakes that he/she has taken the oath since the offer of oath and that this article is in the nature of an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.