MEMBERSHIP AGREEMENT GENERAL CONDITIONS

    1- PARTIES

    This agreement has been made between Garenta Ulaşım Çözümleri A.Ş., operating at www.garenta.com.tr or the Garenta mobile application, and the natural or legal person who becomes a member of the site or mobile application, during the member registration process carried out by the member's own will via the www.garenta.com.tr domain-named website. By becoming a member of the site or mobile application, the member accepts, declares, and undertakes that they have read, understood, and approved the entire agreement and all its provisions.

    2- DEFINITIONS

    In this agreement;

    • Garenta: Refers to Garenta Ulaşım Çözümleri A.Ş.

    • Member: Refers to the natural or legal person who is a member of the Site.

    • Site: Refers to the website broadcasting via the www.garenta.com.tr domain name.

    • Mobile Application: Refers to the GARENTA Android and iPhone mobile application.

    • Vehicle: Refers to any make and model of vehicle owned by Garenta or by the Licensee Branch(es) that have signed a License Agreement with Garenta, and which can be rented.

    • License Agreement: Refers to the agreement that grants the Licensee Branch the right to use the "Garenta" brand, Garenta's systems, and all intellectual and industrial property rights exclusively owned by Garenta for a specified period and under written conditions within the scope of vehicle rental activities.

    • Licensee Branch: Refers to independent commercial enterprises that have signed a License Agreement with Garenta Ulaşım Çözümleri A.Ş., acting in their own name and on their own account, and are listed in the appendix of this Agreement.

    • Personal Data: Refers to any information (including special categories of personal data) relating to an identified or identifiable natural person, in accordance with the Law on the Protection of Personal Data No. 6698 and any applicable legislation.

    3- SUBJECT OF THE AGREEMENT

    The subject of this agreement is to determine the procedures and principles for the online offering of Vehicle(s) for rent by Garenta on the Site and Mobile Application, as well as the mutual rights and obligations of Garenta and the Member. This agreement shall govern the Vehicle(s) to be rented by the Member through transactions made on the Site or Mobile Application.

    4- RIGHTS AND OBLIGATIONS OF GARENTA

    4.1. Garenta may accept rental reservations under this agreement within the scope of the branches specified on the Site and Mobile Application. Garenta is authorized to unilaterally change the aforementioned branch information, provided that it informs the Member(s) via the Site and Mobile Application. The Member irrevocably accepts and declares that they are aware that Garenta will fulfill its obligations undertaken within the framework of this Agreement through the Licensee Branch(es). The signing of this Agreement does not imply that Garenta has committed to renting a vehicle to the Member. Garenta reserves the right to decide whether or not to proceed with a rental based on the Member's request; therefore, no right can be claimed from Garenta under any name.

    4.2. For security reasons, Garenta may monitor, record, and, when deemed necessary, take any kind of action such as removing the Member from the Site and Mobile Application, suspending membership, canceling membership, and similar interventions.

    4.3. Garenta may partially or completely change the form and content of the Site and Mobile Application without prior notice to the Member, as well as change the domain name under which the Site and Mobile Application are broadcast, use different sub-domain names, perform domain name redirection, or close the domain name.

    4.4. Garenta may, at any time and without giving a reason, without prior notice to the Member, change the scope and variety of the services offered on the Site and Mobile Application, as well as partially or completely suspend, terminate, or completely cancel the services offered on the Site and Mobile Application.

    4.5. Garenta may make changes and/or updates to its services and operations at any time to carry out the business and transactions specified in the agreement more effectively. Members hereby accept and declare that they agree to these changes and will act in accordance with them.

    4.6. This agreement does not contain any commitment from Garenta regarding the number of vehicles to be rented, their make, model, model year, or other such matters. The Member cannot claim any rights or receivables from Garenta for these or other reasons under any name.

    5- RIGHTS AND OBLIGATIONS OF THE MEMBER

    5.1. Membership is completed when the membership procedure specified on the Site and Mobile Application is fulfilled by the person wishing to become a member and the registration process is completed. By becoming a member, the Member is deemed to have accepted the provisions of this agreement and any statements disclosed/to be disclosed by Garenta regarding membership and services.

    5.2. The Member accepts and declares that the identity, driver's license, address, and contact information provided during the membership process are complete and correct, that they will immediately inform Garenta of any changes to this information, and that they will be solely responsible for any legal disputes and damages that may arise from providing incomplete, outdated, or incorrect information. No liability can be attributed to Garenta for this reason.

    5.3. The Member agrees and undertakes to act in accordance with T.R. laws and general moral rules when using the services offered on the Site and Mobile Application, not to engage in acts such as insult, threat, slander, harassment, etc., not to engage in political or ideological propaganda, not to engage in behavior that disturbs other Members, to refrain from any behavior that defames individuals or institutions, and to avoid any action that could disrupt or interrupt the services provided on the site, otherwise, they will be personally responsible for any resulting damages.

    5.4. The Member agrees and undertakes not to violate the intellectual 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 private lives of third parties.

    5.5. The Member accepts and declares that they will use a password that is not easily guessable by others when using the Site and Mobile Application, will not share their username, password, etc., with others, and since this information is not stored in the site's database, they are personally and solely responsible for its security, and Garenta will not be responsible in any way.

    5.6. The Member accepts and declares that they will only use their own membership account, will not use the account information of other members, and will not allow others to use their own membership account, and that if such a situation is detected by Garenta, their membership may be canceled and they will compensate for any and all damages that have arisen/will arise.

    5.7. The Member agrees and undertakes not to send any harmful programs, software, code, or similar material to the Site and Mobile Application, and to avoid any action that could endanger the security of the Site and Mobile Application and its members.

    5.8. The Member cannot transfer their membership account to third parties.

    5.9. The Member cannot restrict or prevent the use of the Site and Mobile Application by others, and cannot interfere with the operation of the servers or networks used to make the Site and Mobile Application available.

    5.10. GARENTA is not responsible for any direct or indirect damages that may occur in relation to the Member's access to and use of the site, including but not limited to, losses and damages resulting from virus attacks affecting computer and phone hardware and/or from information obtained from the site.

    5.11. The Member agrees not to use any device, software, or tool to interfere or attempt to interfere with the operation of the Site and Mobile Application, not to connect to or operate on the Site and Mobile Application without authorization, and not to access or use the software and data of other users without permission.

    5.12. The Site and Mobile Application may contain links to other websites belonging to third parties that are completely independent of the service offered and not under Garenta's control. Garenta does not guarantee the accuracy of the information on these sites. Garenta has no responsibility for the services/products offered on the websites accessed via these links or their content. The Member's access to these Internet Sites is entirely at their own risk and outside of Garenta's permission.

    6- INTELLECTUAL PROPERTY RIGHTS

    6.1. The presentation and all content of the Site and Mobile Application are protected by T.R. Legislation and intellectual property law. All trademarks, logos, and service marks on this Site and Mobile Application, as well as all published information and data, belong to Garenta or the Licensee Branches. The Member may not distribute, transmit, modify, copy, display, reproduce, publish, process, or otherwise use the content of the Site and Mobile Application, either directly or indirectly, in whole or in part, without the prior written consent of Garenta, nor allow anyone else to access or use the services of the Site and Mobile Application. Otherwise, the Member shall be liable to pay Garenta for any and all damages incurred/to be incurred by Garenta, as well as any compensation amount demanded from Garenta due to damages suffered by third parties, including but not limited to licensors.

    6.2. All of Garenta's rights to its assets, including but not limited to, Site and Mobile Application services, Site and Mobile Application information, works subject to copyright on the Site and Mobile Application, trademarks of the Site and Mobile Application, trade dress of the Site and Mobile Application, or any tangible and intellectual property rights related to the Site and Mobile Application, as well as all rights to its commercial information and know-how, are reserved.

    6.3. All rights to all writings, graphics, visuals, and all images on the Site and Mobile Application are reserved and cannot be disposed of without permission.

    6.4. Unauthorized use of all financial rights related to the content, design, and software of the Site and Mobile Application (including but not limited to processing, reproduction, dissemination, representation, and public display), and any unauthorized disclosure and use, will constitute an infringement of intellectual and industrial property rights.

    6.5. Members agree and undertake to act in accordance with the Turkish Code of Obligations, Turkish Penal Code, Law on Intellectual and Artistic Works, Turkish Commercial Code, Decree-Law on Trademarks, and any current and/or future legislation when using the Site and Mobile Application. All legal, administrative, criminal, and financial liability that may arise from contrary use belongs to the Member, and Garenta's right of recourse is reserved.

    7- LIABILITY

    The Member acknowledges that there may be deficiencies, communication problems, technical issues, infrastructure and internet failures, power outages, and/or other problems, not limited to those listed, in the information and services offered/published on the Site and Mobile Application. In the event of such problems/failures, Garenta is authorized to stop, terminate, or cancel the vehicle rental activities on the Site and Mobile Application without any need for notification to the Member and without giving any reason. The Member cannot claim any rights or payments from Garenta for these reasons.

    Garenta does not warrant that the service will be error-free or continuous, or that the service is free of viruses and other harmful elements. Garenta 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 they are personally responsible for any and all damages and losses that may arise as a result of their use of the service or the Site.

    8- FORCE MAJEURE

    In cases of "Force Majeure," which are unavoidable events beyond the reasonable control of the relevant party and which cannot be prevented despite exercising due care, including but not limited to natural disasters, riots, wars, strikes, communication problems, technical issues, infrastructure and internet failures, power outages, and bad weather conditions; Garenta has the right to perform any of its obligations determined by this agreement late, incompletely, or not at all. During this Force Majeure period, Garenta's obligations are suspended. In these and similar situations, Garenta shall not be deemed to be in delay, incomplete performance, non-performance, or default. No compensation of any kind can be claimed from Garenta for these situations. If the force majeure event lasts for more than 7 (seven) days, Garenta, at its discretion, is authorized to terminate this agreement unilaterally without any notification and without compensation.

    9- AMENDMENT OF AGREEMENT PROVISIONS

    Garenta has the right to unilaterally amend the provisions of this agreement without any need for notification to the Member and without giving any reason. The Member is deemed to have accepted the said amendments from the moment they are published on the Site and Mobile Application. The Member irrevocably accepts this matter in advance.

    10- MEMBERSHIP CANCELLATION AND TERMINATION OF THE AGREEMENT

    10.1. If the Member acts contrary to any or all of the obligations arising from this agreement, in whole or in part, Garenta may unilaterally terminate this agreement by canceling the Member's membership and may partially or completely suspend or cancel the services the Member has received, is receiving, or will receive from the site, without any need for notification and without giving any reason. In the case of such termination, the Member cannot make any claims or demands against Garenta. The Member cannot object to this.

    10.2. Garenta is authorized to terminate this agreement at its discretion, without giving any reason and without any need for notification, by canceling the Member's membership and partially or completely suspending or entirely canceling the services the Member has received, is receiving, or will receive from the site. In such a case, the Member cannot claim any rights, receivables, loss of profit, damages, or any other payment under any name from Garenta, by alleging that the termination was unjust, baseless, without reason, ill-willed, or untimely, or that it constituted a breach of good faith, or by citing any other reason or excuse.

    10.3. The Member is authorized to unilaterally terminate this agreement at any time, if they deem it necessary, without giving any reason, by providing written notification with a 1-day notice period.

    11- DURATION OF THE AGREEMENT

    This agreement enters into force from the moment it is approved on the Site or Mobile Application and terminates automatically without any further notification when Garenta cancels the Member's membership and/or terminates the services offered on the Site.

    12- CONFIDENTIALITY

    The parties agree that all commercial, professional information, and Personal Data belonging to the other party, which they will become aware of pursuant to this Agreement, are confidential, and they undertake not to disclose this information to third parties by themselves or their employees during and after the Agreement. This confidentiality undertaking shall remain valid even if this Agreement is terminated or canceled. The parties accept and declare that they will compensate for any and all damages suffered by the other party in case of a breach of the confidentiality obligation.

    13- PROTECTION OF PERSONAL DATA

    13.1. Garenta accepts and undertakes in advance that it will protect the Personal Data it becomes aware of within the scope of this Agreement in accordance with all rules and obligations introduced by the Law on the Protection of Personal Data No. 6698 and applicable legislation, and in this context, it will comply with the principles and obligations regarding the protection and processing of all Personal Data it acquires about the Member, and will be personally responsible in case of their violation.

    13.2. In this context, Garenta cannot process, use for purposes other than its intended use, or transfer to third parties the Personal Data of Members, except for the personal data of Members that are necessary to be acquired, processed, or shared with third parties and/or organizations from which it receives services for the performance of the vehicle rental service subject to this Agreement, without the prior explicit consent of the relevant Member.

    13.3. Garenta is obliged to take all necessary technical and administrative measures to prevent the unlawful processing and access of the Personal Data it has lawfully acquired and processed within the scope of this Agreement, and to ensure the preservation of this Personal Data.

    13.4. Garenta cannot disclose the Personal Data it learns about the Members to others in violation of the provisions of the Law on the Protection of Personal Data No. 6698 and cannot use it for purposes other than the provision of the services specified in this Agreement. This obligation continues even after the termination of this Agreement.

    13.5. If the Member's Personal Data is obtained by others through unlawful means, Garenta will immediately notify the Member of this situation and will immediately provide the Member with the necessary support regarding technical and administrative measures to prevent any damage or to prevent the escalation of existing damage. In this context, in case of a request by the Member regarding the application to be made to the Personal Data Protection Board, it will provide the necessary detailed explanations in writing to the Member during the application process.

    13.6. The vehicles offered for rent by Garenta within the scope of this Agreement are equipped with devices such as vehicle tracking systems, etc., that collect and record the Member's personal data for the purpose of providing the service subject to the Agreement and performing other necessary operational procedures. The vehicles are monitored with these systems, and vehicle location and km information are recorded. Garenta may disclose these records to relevant official or unofficial third parties/institutions when necessary for security reasons or for use in legal, judicial/administrative proceedings/investigations.

    14- NOTIFICATION

    The parties accept and undertake that the addresses they specified during the membership process are their legal notification addresses and that notifications made to these addresses will have all the legal consequences of a legally valid notification unless a change of address is notified to the other party in writing.

    The Member consents to all notifications, such as changes to the agreement and services, cancellation of membership, termination of this agreement, etc., being sent to the e-mail address specified during the membership process, and accepts and undertakes that notifications made by e-mail, whether they reach them or not, are deemed to have been served from the moment they are sent by Garenta and will have legal consequences. Garenta is not responsible for the late arrival or non-arrival of the notification to the member and its consequences. E-mail and fax cannot be used in correspondence by the Member with Garenta.

    15- JURISDICTION AND EVIDENCE AGREEMENT

    15.1. Turkish Law shall apply to the resolution of problems arising from the implementation of this agreement, and the Istanbul Anadolu Courts and Enforcement Offices shall have jurisdiction.

    15.2. The Member agrees that in case of disputes, all documents, records, books of Garenta, as well as all information, writings, and records in the computer and internet environment, will constitute sole, exclusive, and conclusive evidence and will be binding, and that this article constitutes an evidence agreement within the scope of Article 193 of the HMK (Code of Civil Procedure).

    16- MISCELLANEOUS

    16.1. If any provision of this Agreement is deemed invalid or unenforceable for any reason, the other provisions of the agreement will remain in effect.

    16.2. Garenta's failure to exercise or delay in exercising any right or authority it has under the Agreement does not mean that it has waived that right or authority, nor does the single or partial exercise of a right or authority prevent the subsequent exercise of that or another right or authority. The waiver of any condition, article, or provision of this Agreement does not mean and cannot be interpreted as a subsequent or continuous waiver of that condition, article, or provision.

    16.3. This agreement, from the moment it is approved on the Site or Mobile Application, supersedes any previously approved agreement on the Site, if any. In case of a dispute, the provisions of this agreement shall apply, regardless of which agreement was in effect during the period from which the dispute arose. The Member accepts, declares, and undertakes that they have no rights or receivables from Garenta due to any previously approved agreement on the Site or Mobile Application and commercial practice, that they irrevocably release Garenta in the broadest sense in all matters, and that all their responsibilities to Garenta that have arisen and/or will arise from the said agreement and commercial relationship continue.

    16.4. The Member declares that they have read, understood, and accepted all applications and rules on the Site and Mobile Application. The Member also declares that they have accepted the regulations throughout the entire agreement that may be contrary to their interests, knowing and understanding their consequences.

    16.5. The Member may not assign or transfer their rights, receivables, and obligations arising from this agreement to third parties without the prior written consent of Garenta.