1-PARTIES
This agreement is entered into between Otokoç Otomotiv Ticaret ve Sanayi Anonim Şirketi, the owner of all rights to the website operating at www.avis.com.tr, with its headquarters located at “Aydınevler Mah. Saygı Cad. No:60 Küçükyalı, Maltepe/İstanbul,” and the Member who has registered on the site (hereinafter referred to as the “Member”). By becoming a member of the site, the Member acknowledges, declares, and undertakes that they have read and understood this entire Agreement and approve all its provisions.
2-DEFINITIONS
As used in this Agreement:
AVIS: Otokoç Otomotiv Ticaret ve Sanayi Anonim Şirketi (hereinafter “Otokoç”),
Member: A natural or legal person who has registered on the website,
Site: The website published under the domain name www.avis.com.tr,
Vehicle: Any make and model of vehicle owned by AVIS and subject to rental,
Agreement: Refers to this “Website Membership Agreement.”
3-SUBJECT MATTER OF THE AGREEMENT
The subject matter of this Agreement is to establish the procedures and principles regarding the online rental of vehicles by AVIS via the website, as well as to define the mutual rights and obligations of AVIS and the Member. This Agreement governs the rental of the vehicle(s) to be rented by the Member on the website.
4- AVIS’S RIGHTS AND OBLIGATIONS
4.1. While AVIS takes all reasonable security measures required by law to prevent the loss, misuse, or alteration of personal identification, address, and contact information under its control and supervision, it does not guarantee the security of such information. Information and data transmitted by the Member to the site shall not be interpreted as confidential information.
4.2. For security reasons, AVIS may monitor and record the Member’s activities on the site and, when deemed necessary, may take any action, including but not limited to banning the Member from the site, suspending the membership, canceling the membership, and similar measures.
4.3. AVIS may, without prior notice to the Member, partially or completely alter the format and content of the site, change the domain name under which the site is published, use different subdomains, redirect the domain name, and/or shut down the domain name.
4.4. Membership on the website is not a prerequisite for AVIS to provide car rental services; since car rental services can be obtained without becoming a Member, all benefits offered to the Member under the Membership are considered “additional benefits.”
4.5. AVIS may, at any time and without providing a reason or prior notice to the Member, modify the scope and types of services offered on the site, as well as suspend, terminate, or completely cancel the services offered on the site, either partially or in full.
4.6. AVIS may, at any time, make changes and/or updates to its services, rental terms, and procedures in order to more effectively carry out the activities and transactions specified in this Agreement. Members acknowledge and agree that they accept such changes and will act in accordance with them.
4.7. This Agreement does not contain any commitment regarding the number of vehicles to be rented by AVIS, their make, model, model year, or any other related matters. The Member may not claim any rights or claims against AVIS under any circumstances for these or any other reasons.
4.8. AVIS reserves the right to unilaterally refrain from commencing, suspend, terminate, and/or cancel its rental operations. The Member acknowledges, declares, and undertakes that they have no right to object to this matter.
5- MEMBER’S RIGHTS AND OBLIGATIONS
5.1. Membership is finalized when the person wishing to become a member completes the registration process by following the membership procedures specified on the website. By becoming a member, the Member accepts the provisions of this Agreement, as well as any statements regarding membership and services that have been or may be disclosed by AVIS in the future.
5.2. The Member acknowledges and declares that the identity, driver’s license, address, and contact information provided during the membership process are complete and accurate; that they will immediately notify AVIS of any changes to such information; and that they alone shall be solely responsible for any legal disputes or damages arising from the provision of incomplete, outdated, or incorrect information. Under no circumstances may any liability and/or fault arising from this be attributed to AVIS.
5.3. The Member agrees to act in accordance with Turkish laws and general moral standards while using the services listed on the site, and undertakes not to engage in actions such as insult, threat, defamation, harassment, etc. , engage in political or ideological propaganda, engage in behavior that disturbs other Members, refrain from any behavior that defames individuals or institutions, and avoid any actions that may cause disruption or interruption of the services provided on the site; otherwise, the Member accepts and undertakes to be personally liable for any resulting damages.
5.4. The Member agrees and undertakes not to infringe upon the intellectual and industrial property rights of third parties, to respect the copyrights of third parties, not to engage in unfair competition, and to respect the trade secrets and privacy of third parties.
5.5. The Member agrees and declares that while using the Site, they will use a password that cannot be easily guessed by others, will not share their username, password, or other such information with others, and acknowledges that since this information is not stored in the Site’s database, they alone are solely responsible for its security, and AVIS shall under no circumstances be held liable.
5.6. The Member agrees and declares that they will use only their own membership account, will not use other members’ account information, and will not allow others to use their own membership account; they further acknowledge that if such a violation is detected by AVIS, their membership may be terminated, and they will compensate for any and all damages incurred or that may arise.
5.7. The Member agrees and undertakes not to upload any harmful programs, software, code, or similar materials to the Site, and to refrain from any actions that could endanger the security of the Site or its Members.
5.8. The Member may not transfer their membership account to third parties.
5.9. The Member may not restrict or interfere with others’ use of the Site, nor may the Member interfere with the operation of the Site or the servers or networks used to make the Site available.
5.10. AVIS shall not be liable for any direct or indirect damages arising from the Member’s access to or use of the Site, including but not limited to losses and damages resulting from virus attacks affecting computer hardware and/or information obtained from the Site.
5.11. The Member agrees not to use any device, software, or tool to interfere with or attempt to interfere with the operation of the Site, not to connect to the Site without authorization or perform unauthorized transactions, and not to access or use the software or data of other internet users without permission.
6- INTELLECTUAL PROPERTY RIGHTS
6.1. The presentation of the Site and all its content are protected by the laws of the Republic of Turkey and intellectual property laws. All trademarks, logos, and service marks on this Site, as well as all published information and data, are the property of AVIS or its licensors. The Member may not, without AVIS’s written consent, directly or indirectly, in whole or in part, distribute, transmit, modify, copy, display, reproduce, publish, process, or otherwise use the Site’s content, nor may the Member permit any third party to access or use the Site’s services. Otherwise, the Member shall be liable to pay AVIS any and all amounts claimed as compensation for damages incurred by AVIS or licensors, as well as damages incurred by third parties, including but not limited to such damages.
6.2. AVIS reserves all rights to its assets, including but not limited to the Site’s services, Site information, copyrighted works of the Site, the Site’s trademarks, the Site’s commercial appearance, and all other tangible and intangible property rights, as well as all rights related to trade secrets and know-how.
6.3. All rights to all text, graphics, images, and all other content on the Site are reserved and may not be used without permission.
6.4. Any unauthorized use of the Site’s content, design, and software—including, but not limited to, adaptation, reproduction, distribution, performance, and public display—as well as any other unauthorized disclosure or use, shall constitute a violation of intellectual and industrial property rights.
6.5. Members agree and undertake to act in compliance with the provisions of the Turkish Code of Obligations, the Turkish Penal Code, the Law on Intellectual and Artistic Works, the Turkish Commercial Code, the Decree-Law on Trademarks, and all other applicable laws and regulations currently in force or that may come into force in the future. Any legal, administrative, criminal, or financial liability arising from such unauthorized use shall be the sole responsibility of the Member, and AVIS reserves the right to seek recourse.
7- LIABILITY
The Member acknowledges that the information and services provided or published on the Site may be subject to deficiencies, communication issues, technical problems, infrastructure and internet outages, power outages, and/or other issues not limited to those listed; in the event of such problems or malfunctions, AVIS is authorized to suspend, terminate, or cancel car rental activities on the Site without any prior notice to the Member and without providing a reason. The Member may not claim any rights or seek compensation from AVIS under any circumstances for these reasons.
AVIS does not guarantee that the service will be error-free, continuously available, or free from viruses and other harmful elements. AVIS cannot be held liable for any direct and/or indirect damages arising from the Member’s use of any product or service. The Member acknowledges and declares that they are personally responsible for any and all damages and losses that may arise from their use of the service or the site.
AVIS shall not be held liable for any direct or indirect damages arising from the Member’s use of any product or service available on the site. The Member acknowledges and agrees that they are solely responsible for any and all damages or losses that may arise from their use of the service or the site.
8- FORCE MAJEURE
In cases of “Force Majeure,” which include but are not limited to natural disasters, riots, war, strikes, communication issues, technical problems, infrastructure and internet outages, power outages, and adverse weather conditions—and which are circumstances beyond the reasonable control of the relevant party and cannot be prevented despite the exercise of due diligence; AVIS shall have the right to delay, partially fulfill, or fail to fulfill any of the obligations set forth in this Agreement. During such Force Majeure periods, AVIS’s obligations shall be suspended. In such cases, AVIS shall not be deemed to be in default for any delay, partial fulfillment, or failure to fulfill its obligations. Under no circumstances may any compensation be claimed from AVIS for such situations. If the Force Majeure event lasts for more than 7 (seven) days, AVIS is authorized to terminate this agreement unilaterally and without compensation, without any prior notice.
9- CANCELLATION OF MEMBERSHIP AND TERMINATION OF THE AGREEMENT
9.1. If the Member acts in violation of any or all of the obligations arising from this agreement, either partially or in full, AVIS may unilaterally terminate this agreement without any notice or justification, thereby canceling the Member’s membership, and may suspend or cancel the services the Member has received, is receiving, or will receive from the site, either partially or in full. Therefore, in the event of termination, the Member may not assert any rights or claims against AVIS. The Member may not object to this provision.
9.2. AVIS is authorized to terminate this Agreement unilaterally at its sole discretion, without providing any reason or prior notice, thereby canceling the Member’s membership and suspending or canceling, in whole or in part, the services the Member has received, is receiving, or will receive from the Site. In such a case, the Member may not claim any rights, claims, compensation for lost profits, damages, or any other form of payment from AVIS on the grounds of an unjust, unfounded, groundless, arbitrary, or untimely termination, breach of good faith, or any other reason or pretext.
10. TERM OF THE AGREEMENT
This Agreement shall enter into force upon its acceptance on the Site and shall automatically terminate without further notice upon AVIS’s cancellation of the Member’s membership and/or termination of the services provided on the Site.
11. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
11.1 The Member shall keep confidential and shall not disclose to any person without AVIS’s prior written consent any information of a commercial, financial, legal, or technical nature—whether constituting a trade secret or otherwise subject to legal protection—that the Member obtains directly or indirectly in connection with the performance of this Agreement. Otherwise, the Member shall be liable for any damages incurred by AVIS. Additionally, AVIS may collect the Member’s identity, address, contact, IP, and website usage information in a database and use such information without any restriction for all lawful purposes, including but not limited to creating user profiles, conducting market research, and generating reservation and website usage statistics. AVIS is authorized to share information regarding the Member with insurance companies, banks, and any third parties or institutions it deems necessary in connection with the services provided on the site. Furthermore, AVIS may share this information with third parties or institutions to comply with legal obligations, upon request in connection with an investigation or inquiry conducted by an authorized judicial or administrative authority, or to protect the rights and security of users. This privacy provision remains in effect indefinitely, even after the expiration of the contract term.
11.2 The Member’s personal data will be collected through automated or non-automated means as necessary for the performance of the contractual relationship or for other reasons provided by law, within the framework of the operation and development of the services. AVIS will use such personal data to provide services such as reservations and vehicle sales; to increase company recognition through gifts and messages sent with announcements, celebrations, and other content; to provide general or personalized advertising, announcements, and campaign information for the promotion and marketing of services; to provide better service by managing customer satisfaction or complaints, and for other purposes such as conducting customer surveys and receiving feedback within the framework of a loyalty program; the Member has explicitly consented to these matters. The performance of the contract, data security, and the sharing of data with companies within the corporate group to which AVIS belongs—including Ford Otosan and Tofaş—and with their the data will be transferred to shared databases, institutions and organizations from which approval for applications will be obtained, government agencies, authorized representatives, insurance companies, information technology service providers, companies providing call center services, companies acting as intermediaries for transportation and cargo delivery, and all third parties from whom services are utilized or with whom collaboration is maintained, for the purpose of fulfilling the contract and providing services; The Member has expressly consented to these matters.
11.3 Under the Personal Data Protection legislation, you have the right to: inquire whether your personal data has been processed; if so, request information regarding such processing; learn the purpose of the processing and whether we have used the data in accordance with those purposes; identify third parties to whom the data has been transferred within or outside the country; request the correction of the data if it has been processed inaccurately or incompletely; requesting the erasure, destruction, or anonymization of the data if the grounds for processing no longer exist; to request that such actions or corrections be notified to third parties to whom the data has been transferred; to object to a decision made solely through the automated processing of the data that adversely affects the Member; and to request compensation for any damage suffered as a result of unlawful processing; these are their rights.
11.4 The Member has consented to the sending of commercial electronic messages to the contact addresses currently held by AVIS or to be provided in the future, in accordance with the Law on the Regulation of Electronic Commerce. Commercial electronic messages containing data, audio, and visual content for any commercial purpose—including, but not limited to, messages regarding changes, usage, and maintenance of the goods or services provided—may be sent electronically via means such as telephone, call centers, fax, automatic calling machines, smart voice recording systems, email, and short message service (SMS).
12. NOTIFICATIONS
The parties acknowledge and agree that the addresses provided during the membership registration process shall serve as their legal addresses for service of process, and that any notifications sent to these addresses shall have all the legal consequences of valid service of process under the law, unless a change of address is notified to the other party in writing.
The Member consents to all notifications regarding changes to the agreement and services, cancellation of membership, termination of this agreement, and any other matters being sent to the email address provided during the membership registration process, and hereby acknowledges and agrees that such notifications, whether or not they are received, shall be deemed to have been served and shall produce legal consequences as of the time they are sent by AVIS. AVIS shall not be liable for any delays in or failure of such notifications to reach the Member or for any resulting consequences. The Member may not use email or fax for any correspondence with AVIS.
13- AMENDMENTS TO THE TERMS OF THIS AGREEMENT
AVIS reserves the right to unilaterally amend the terms of this Agreement without prior notice to the Member and without providing any reason. The Member shall be deemed to have accepted such amendments as of the time they are published on the Site. The Member hereby irrevocably accepts this provision.
14- JURISDICTION AND EVIDENCE AGREEMENT
14.1. Turkish law shall apply to the resolution of any disputes arising from the implementation of this Agreement, and the courts and enforcement offices of Istanbul Anatolia shall have jurisdiction.
14.2. The Member acknowledges that in any disputes that may arise, AVIS’s documents, records, ledgers, and all information, writings, and records in computer and internet environments shall constitute the sole, exclusive, and conclusive evidence and shall be binding; the Member further acknowledges that this provision constitutes an evidence agreement under Article 193 of the Turkish Code of Civil Procedure.
15. OTHER PROVISIONS
15.1. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions of the Agreement shall remain in full force and effect.
15.2. AVIS’s failure to exercise or delay in exercising any right or authority under this Agreement shall not constitute a waiver of such right or authority, nor shall the exercise of any right or authority, whether in whole or in part, preclude the subsequent exercise of that or any other right or authority. A waiver of any term, provision, or clause of this Agreement shall not be deemed a waiver of such term, provision, or clause at any subsequent time or on a continuing basis, nor shall it be construed as such.
15.3. This Agreement supersedes any previously approved agreement on the Site as of the time it is approved on the Site. In the event of a dispute, the provisions of this Agreement shall apply regardless of the period during which the applicable agreement was in effect. The Member acknowledges, declares, and undertakes that they have no rights or claims against AVIS arising from any previously approved agreement on the Site or from commercial dealings; that they hereby release AVIS from all liability in the broadest sense and irrevocably; and that all liabilities arising from or that may arise against AVIS due to the aforementioned agreement and commercial relationship remain in effect.
15.4. The Member declares that they have read, understood, and accepted all the terms and conditions set forth on the Site. The Member further declares that they accept any provisions in this Agreement that may be contrary to their interests, fully aware of and understanding the consequences thereof.
15.5. The Member may not assign or transfer any rights, claims, or obligations arising from this Agreement to third parties without prior written consent from AVIS.
15.6 To the extent permitted by law, AVIS shall not be liable for indirect, consequential, or punitive damages (including, but not limited to, lost profits). AVIS’s liability for damages arising from any breach of obligation or warranty, including its obligation to indemnify the Member, and its obligation to indemnify third parties, is limited to the total amount of fees payable to AVIS under this Agreement. In any event, AVIS shall not be liable in any way for any indirect damages suffered by the Member.
16. ENTRY INTO FORCE AND ACCEPTANCE
16.1. This Agreement shall enter into force on the date it is published by AVIS within the AVIS platform. By using AVIS, Members are deemed to have accepted the terms of this Agreement. AVIS may amend the terms of this Agreement at any time, and such amendments shall take effect immediately upon publication on AVIS, without any notice or further acceptance, provided that the version number and effective date are specified.
16.2. The Member acknowledges, declares, and undertakes that in any disputes arising from this Agreement, the electronic and system records, commercial records, ledger entries, microfilm, microfiche, and computer records maintained by “OTOKOÇ OTOMOTİV” in its databases and servers shall constitute valid, binding, conclusive, and exclusive evidence, and that "OTOKOÇ OTOMOTİV " is hereby released from any obligation to provide an oath, and the Member acknowledges, declares, and undertakes that this provision constitutes an evidence agreement within the meaning of Article 193 of the Turkish Code of Civil Procedure No. 6100.