Distance Sales Agreement

1.     Parties

This agreement ("Agreement") is electronically established between the customer and the lessor within the framework of the terms and conditions specified below. The customer and the lessor are collectively referred to as "Parties" and individually as "Party."

2.    Definitions

In the execution and interpretation of this agreement, the following words have the corresponding meanings:

• Customer: The natural person who purchases, uses, or benefits from the rental service provided by the lessor.
• Seller: MARTI OTOMOBİL KİRALAMA EMLAK TURİZM VE ORGANİZASYON A.Ş., details of which are in Article 5 of this agreement.
• Service: A consumption transaction unrelated to the provision of a product in exchange for a fee or benefit.
• Platform: The website www.marticars.com and its mobile application.
• Product: The leased car for non-commercial or professional purposes.
• Website: The website www.marticars.com and its mobile application.
• Regulations: Refers to the "Distance Contracts Regulation" regarding the necessary regulations for distance contracts.
• Contract: Refers to the contract concluded between the customer and the lessor.

3.    Party Information

Customer Information: Information entered by the customer on their account on the application or website.

Seller Information:

• Trade Name/Full Name: MARTI OTOMOBİL KİRALAMA EMLAK TURİZM VE ORGANİZASYON A.Ş.
• Seller's Address: "KAYABAŞI MAH. ADNAN MENDERES BUL. KUZEY YAKASI OFİSLERİ A2 BLOK 7C OFİS NO: 53 BAŞAKŞEHİR/İSTANBUL (982/1 PARSEL)"
• Seller's Email: [email protected]

4.    Subject and Scope of the Contract

The subject of the contract is to determine the rights and obligations of the parties related to the sale and delivery of the product/service that the customer orders electronically through the platform or the website, according to the specifications specified in the contract and under the provisions of the law and regulations. The parties affirm within the framework of the contract that they are aware of and understand their joint and individual obligations and responsibilities under the law and regulations related to distance contracts. The execution of this contract does not hinder the provisions of individual contracts concluded between the parties.

5.    Matters Notified to the Buyer in Advance

The buyer acknowledges that he has been accurately and completely informed before placing the order and establishing the contract, whether through the general and specific information pages and sections on the platform, the contract itself, the preliminary information form, or any other form, about all matters related to the execution and application of the contract, including but not limited to:

• Privacy policies, data usage, and the buyer's electronic contact information, as well as the legal rights of the buyer and the lessor and the ways in which the parties use their rights.
• Accepted payment methods for the product/service, and the total price including taxes for the product/service.
• Information about the procedures for delivering the product/service to the customer.
• Additional information about payment/collection and delivery processes, the time frame related to the execution of the contract, and other relevant information and obligations of the parties in this context.
• Deposits or other financial securities that the customer may be required to pay or provide at the lessor's request, with their conditions.
• Technical measures that may affect the functions of digital content.
• Details of various opportunities that the buyer may periodically benefit from on the platform (special conditions).
• Information about other sales terms according to the nature of the contract.
• Product or Service Information:
• Key features of the product/service (type, duration, brand/model of the rented car, additional services, price):
• The main features of the product/service (duration, model of the rented car or similar, additional services purchased by the customer, and the payment amounts due) are displayed on the platform and can be examined in detail through the platform. The amounts required for the product/service (including the total price, including all taxes, collection fees, total discounts earned simultaneously, etc.) appear in the table in each reservation.

6.    General Terms

Obligations related to the product/service:

The seller undertakes to deliver the product/service in full, according to the specifications specified in the order, and if available, with warranty documents, a user guide, and any other information or documents that must be provided according to the laws.

7.    Non-Receipt of the Product:

In case of non-receipt of the product by the customer without prior notice, it will be considered a return, and all payments received from the customer will be refunded after deducting early return fees and collection fees if applicable.

8.    Absence of the Customer during Delivery:

If the customer or the designated person is absent during the delivery of the product/service, the transaction cannot be completed, and the transaction will be invalidated, and the customer will be fined with early return fees mentioned on the website. The same applies if the customer is present but does not have the personal data proving his identity, such as a passport, identity card, and the driver's license specific to the customer.

9.    Product Replacement:

The lessor has the right to provide an alternative product/service, notifying the customer and obtaining their consent before the commencement of the lessor's commitment to performing the original contract.

10.  Buyer Notification of Non-Execution:

In the event of the lessor's inability to fulfill the commitment due to uncontrollable circumstances, the lessor must notify the customer within 2 days and refund all payments within 14 days from the notification date.

11.   Special Conditions:

• When the customer chooses the invoice option through the company in their order, the seller will issue an invoice in the name of the company using the tax identification number and tax office information provided by the customer on the platform. It is entirely the customer's responsibility to verify the accuracy, updating, and completeness of the required information on the invoice. Therefore, the customer is personally responsible for any losses that may arise from this.
• Products/services offered on the platform are deliverable only to the specified locations determined by the lessor. If the customer specifies a non-designated delivery address during the order process, the order related to this address will not be executable/purchasable.
• The lessor bears full responsibility for any technical malfunctions that may occur in the product while the customer is using it appropriately according to the operating and technical specifications and usage instructions.
• The customer acknowledges that they have read and understood all the terms and conditions stated in the contract and is fully aware of the applicable regulations and laws.
• The parties undertake that they have the necessary legal capacity to conclude this agreement, confirming their commitment to quality work and compliance with the terms.
• The customer affirms that they have carefully examined all contract terms, acknowledging their commitment to them willingly and without any pressure, realizing that these terms serve their interest.
• The lessor and the customer agree that the terms and conditions in the contract do not contain any ambiguity or empty terms, and they do not cause any harm exceeding the rightful benefits.
• The customer acknowledges that they have been informed of all essential details related to the product, price, and payment method as specified, and they confirm their agreement through electronic communication networks.
• The contract is electronically authenticated, and the customer is obliged to pay the full service value before delivery. In case of non-payment or contract cancellation according to banking records, the seller has the right not to complete the rental transaction.

12.  Personal Data Protection and Intellectual Property Rights

• The seller will process personal data under this contract specifically according to Law No. 6698 on the Protection of Personal Data, secondary legislation, and decisions of the Data Protection Authority. The seller undertakes not to process the customer's personal data outside the data accessed through the platform and not to communicate with the customer outside the communication channels provided through the platform.
• The customer bears full responsibility for the accuracy, completeness, and updating of the personal information they provide and not sharing it with any third parties. The customer must take the necessary measures to maintain the security of this information and prevent access by any unauthorized parties.

13.  Dispute Resolution

• The courts of Istanbul have jurisdiction to settle disputes arising from the implementation of the provisions of this contract according to the regulations regulating their activities.
• The customer is notified of their opportunity to resolve the dispute through arbitration, an arbitrator, or the relevant committee in their place of residence, according to the applicable laws.