Distance Selling Contract
1. Subject of the Contract
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: that the contract governs the online (distance) booking and rental of a vehicle under Consumer Protection Law No. 6502 and the Distance Contracts Regulation.
2. Definitions
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: the key terms (Alıcı/Consumer, Satıcı-Sağlayıcı/Seller-Provider, service/vehicle, distance contract, Regulation, Ministry, durable medium, deposit).
3. Parties (Seller/Provider and Buyer)
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: full identifying details of the Seller/Provider (name, MERSIS/tax no., address, phone, email, KEP) and the Buyer (name, address, phone, email from the booking).
4. Pre-Contractual Information Form (Ön Bilgilendirme Formu)
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: a reference to the mandatory separate Ön Bilgilendirme Formu (Reg. Art. 5) and confirmation the consumer received and approved all preliminary information on a durable medium before ordering.
5. Characteristics of the Service/Vehicle and Rental Period
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: essential vehicle qualities (make/model/class, plate or class guarantee), rental start/end date-times, pickup/drop-off locations, mileage/fuel/insurance and add-ons.
6. Total Price Including Taxes and All Costs
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: the itemized total price incl. VAT/taxes, all mandatory fees, delivery charges and additional services, as a gross all-inclusive figure in the transaction currency.
7. Payment Terms and Method (Card via iyzico)
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: the payment method (card via the iyzico gateway), timing of charge, installment/currency notes, and that card data is handled by the licensed provider, not the Seller.
8. Delivery / Vehicle Handover Terms, Place and Costs
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: how and where the vehicle is delivered/handed over (office, airport, hotel/address), who bears delivery costs, required documents at handover (passport/ID + licence), and the handover/inspection procedure.
9. Performance Period
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: the period within which the service (vehicle provision) is performed, the maximum statutory performance deadline, and consequences if it cannot be provided.
10. Right of Withdrawal (Cayma Hakkı) and Exceptions
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: the general 14-day withdrawal right and how to exercise it, then a clear invocation of the Regulation’s exceptions — notably that vehicle rental for specific dates is typically exempt from withdrawal.
11. Cancellation and No-Show Terms
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: cancellation windows, any fees or refunds by timeframe, and the consequences of a no-show, consistent with the withdrawal exception.
12. Deposit: Blocking, Deduction and Refund
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: how the deposit is taken (card block/authorization), what it may be applied against (damage, fuel, fines, tolls), and the timeline and method for releasing it.
13. Obligations of the Parties
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: the duties of the Seller (roadworthy vehicle, documents, honour the booking) and the Buyer (eligibility/age/licence, lawful use, return condition, timely payment).
14. Default and Late Performance
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: the consequences of default by either party, late-return charges, remedies, and the consumer’s rights if the service is not performed within the statutory period.
15. Personal Data and KVKK
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: that personal data (incl. passport/ID and licence photos) is processed under Law No. 6698 (KVKK), with a reference to the separate Aydınlatma notice and explicit-consent texts.
16. Dispute Resolution (Consumer Arbitration Committee / Consumer Court, ODR)
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: the competent forums — Tüketici Hakem Heyeti up to the annual threshold and Tüketici Mahkemesi above it — with jurisdiction and a reference to online dispute resolution (ODR).
17. Governing Law, Contract Language and Jurisdiction
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: the governing law (Turkish law), the prevailing language if multilingual (RU/EN vs. the Turkish original), and the applicable jurisdiction.
18. Complaint and Application Channels (Seller’s Mechanism)
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: how the consumer can submit complaints/claims directly to the Seller (channels, contacts, expected handling), separate from and in addition to the Hakem Heyeti/Court.
19. Evidentiary Records
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: that the Seller’s electronic records, logs and correspondence constitute conclusive evidence in disputes, per HMK evidentiary-agreement principles.
20. Force Majeure
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: the definition of force majeure events and their effect on performance, suspension and cancellation of the contract without liability.
21. Effectiveness and Confirmation
[TEMPLATE — replace with real, lawyer-reviewed legal text] This section must set out: confirmation the consumer read and electronically accepted the pre-contract information form and this contract, the number of articles, the acceptance date, and entry into force upon confirmation.