Subject: According to this service definition made in TKHK, it is aimed to propose solutions in the light of the deficiencies and legal regulations in the application of the car rental contract concluded between the tenant (the provider) and the tenant (consumer) to be used in the lease.

Private Law regulates the relations of persons with each other. For this reason, the rules within the Private Legal system are the rules which are basically regulative and aim to ensure justice through legal equality between the parties. In our private law system, unlike these general rules of private law, there are all special regulations. These include special arrangements, where one side of the contract is kept more prominent than the other, and is clearly protected as a weaker part of the contract.

In particular, the rules of labor law, tenancy law and consumer law may be mentioned in this context, and the rules of this group refer to the idea of ​​a social state. The Consumer Protection Act No. 4077, which was accepted on 23.02.1995 for the protection of consumers in the Turkish legal system, was published in the Official Journal on 08.03.1995 and has entered into force. This law has been almost completely changed by Law No. 4822 of 06.03.2003.

Article 3 of the TKHK defines the consumer as "a natural or legal person who purchases, uses or makes use of a good or service for a commercial or non-commercial purpose. TK. Based on this consumer definition, the elements of the consumer concept can be identified. These factors are that the consumer is neither commercial nor industrial, while the consumer is a real or legal person, regardless of whether the consumer purchases a good or service. In the same Article, all natural or legal persons providing services to consumers in the course of their commercial or professional activity, including legal entities of public law (sağlayıcı), and the definition of the provider, who declared in writing, to the service were also all other species activities as the provision of goods for consideration or benefit of Aynı. it was determined. According to this service definition in TKHK, the leasing activity, which is carried out only for the purpose of using and not returning the goods, but also returning the goods, is a service that can be assessed in this context. This study attempts to present the proposed solutions, taking into account the deficiencies and legal provisions of the rental agreement between the tenant (provider) named in the contract and the tenant (consumer) used for the rent.

The Lessee (the Provider) shall provide the Lessee (Provider) for the period specified in the Contract, who assigns the vehicle in his possession to the Lease Service under the terms of the Lease Agreement. In the application it can be seen that companies offering car rental companies have a minimum rental period of 1 day for Söz in car rental contracts and general transaction conditions. The service that is calculated over this 1 (one) day is included in the insurance activities (additional types specified) and additional sales amounts as well as the rental activity. In this application, however, there is a possibility that this study will highlight proposals for resolution and legislation on this topic. It is the will and action of the consumer who wants to use this service for less than 24 hours. This is the party of the leases with a minimum rental period of 1 (one) day.

In order to benefit from the service, the customer who has signed a lease agreement with the provider of the car rental service for less than 24 hours will be given 24 hours of service fee, insurance costs and additional sales fees in accordance with the General Conditions of Sale and the Rent Agreement which are prepared unilaterally by the provider. if you pay over a rental. The rental period, which is the basis for the rental price, will be less than 24 hours by the consumer will, but the request to benefit from the service will direct the consumer to these conditions. The rental amount under the lease agreement between the service provider and the consumer and the insurance and additional sales prices from the optional services are determined on a minimum of 1 (one) day regardless of the consumer's will.In the same day, if there is more than one consumer leasing the same vehicle for less than 24 hours, the service provider will be based on 1 (one) day on each service contract, and more than one consumer will receive unfairly repeated earnings for the same vehicle. Considering that there are multiple vehicles in the car rental office of the service provider and the same process is repeated for each one, it will be possible to see that the unfair gain reaches significant dimensions. Example; a consumer's 5 hour rental will be the subject, but over the 1 (one) day over the lease agreement as a result of the service provided to the provider as a result of the service provided to the provider, then a new consumer for less than 24 hours, but again 1 (one) day to be over will be made available.It is seen that 1 (one) day costs made for the leasing period less than 24 hours will be realized several times and unfair gains will be made.

The rental agreement between the service provider and the consumer, which is the basis for the leasing, insurance and additional sales prices, is arranged unilaterally by the provider company and is presented to the consumer without providing alternative conditions in order to benefit from the car rental service it provides. Therefore, if the consumer wishes to benefit from the service, he / she will be obliged to accept the stated ası minimum rental 1 day de requirement without opening the negotiations under the conditions of the Lease Agreement.

In the contract law, besides the individual contract models, the types of formulary contracts with general terms of operation arose, and the formular conventions which contain the general terms and conditions which we can call standard conventions are prepared by the entrepreneur who is the strong side of the contract. These contracts are signed with the consumer, who is the weaker side of the economy, as prepared by the entrepreneur. Therefore, the imbalances against the consumers may arise in the said contracts. For this reason, the legislators felt the need to make arrangements to protect consumers against entrepreneurs who offer goods or services in order to maintain a balance between the parties.Law No. 4822 amending the Turkish Commercial Code has introduced a general regime to protect consumers in all consumer contracts against unfair contract terms. Article 6 of Consumer Protection Act 4077, which has brought significant benefits to the consumer, was regulated as follows:
unfair conditions in the contract
Article 6 - (amended article: 06/03/2003 - 4822S.K./7. Art.)
The terms of the contract which cause the seller or the provider to unilaterally contract without the agreement with the consumer and which contradicts the good faith rule in the contractual rights and obligations of the parties are unjustified. The unfair terms contained in any contract that one of the parties constitutes is not binding on the consumer.If a contract condition has been prepared in advance and has not been able to influence the consumer content, in particular because it is included in the standard contract, it is accepted that the contract is not negotiated with the consumer.

If it is concluded that it is a standard contract from the overall evaluation of the contract, the negotiation of certain elements or individual provisions of a condition in this contract shall not prevent the application of this article to the remainder of the contract. If a vendor or provider suggests that a standard condition is individually discussed, it is the burden of proof.6 / A, 6 / B, 6 / C, 7, 9, 9 / A, 10, 10 / A and 11 / A articles in the form of articles in the form of at least twelve point and dark black lettering is regulated and the conditions of the contract must be in the absence of one or more, the deficiency does not affect the validity of the contract. This deficiency is remedied immediately by the vendor or provider.The Ministry sets out the principles and procedures for determining the unfair terms in the standard contracts and removing them from the text of the contract.

A regulation on unfair terms relating to unfair terms in consumer contracts, the terms of contract used by the seller, supplier or lender without having to negotiate with the consumer; Article 5 reads as follows:Unfair and unfair terms Article 5 - If a contract term has been established in advance and has had no impact on the consumer's content, in particular because it is included in the standard contract, it is assumed that the terms of the contract will not be negotiated with the consumer.

If it is concluded from the overall assessment of the contract that it is a standard contract, the negotiation of certain elements or individual terms of a condition of this contract does not prevent the application of this article to the remainder of the contract.
If a vendor, vendor, or lender claims that a standard condition is discussed individually, then this is the burden of proof.The Annex to this Regulation contains a list of conditions that may be considered unjustified, but are not indicative EU Directive 93/13 on misuse of contracts in consumer contracts of the Council of Ministers of the European Parliament on the Ordinance on unfair terms in consumer contracts Yön is also subject to EU Directive 93/13. and against unilaterally standardized agreements, in particular unilaterally. As mentioned above, contracts protected under the EU Directive are all types of contracts that can not (or may not) be negotiated by the parties, provided that they are made up of general processing conditions.

At this point it would be useful to refer to the provisions of the non-negotiated contract. The distinguishing features of non-negotiable contract terms fall under two headings:
The contract was prepared in advance
Possibility of negotiation between the parties
It can be seen that the concept of the prepared provision for the provision of legislation is broader than the concept of the general transaction. In this context, Law No 4077 on the protection of consumers and the regulation on unfair terms in consumer contracts and the Turkish legal system are in line with the Directive. This assurance not only covers the protection of the consumer from the general operating conditions. It also protects the consumer from the provisions of the contract imposed on the consumer with a unilateral will, without being negotiated with the consumer.

From the above explanations we will see that; If the provisions of the unilateral provision of the supplier to the consumer, without negotiating with the supplier, have been unfairly excluded from the contract and have caused an imbalance with the consumer, this will not necessarily be provided by the Turkish law and the legal provisions and in this case given the legal will was located next to it.

We therefore believe that the leasing contract, which is the only condition for using the service and is not negotiated with the consumer, has the right to demand additional payments for the hours when the consumer did not use the rental car even though it was signed by the consumer. In order to use the service, it is not possible for the consumer to supplement the contract in which he is involved and to evaluate the unavailable alternatives. This situation is contrary to the Law on the Protection of Consumers No. 4077 and the freedom of contract according to the Turkish Code of Obligations No. 6098 and is unfair.

Although the consumer has the will and the right to avail himself of the rental service in less than 24 hours, all service charges, insurance costs and additional sales amounts that should be calculated on the basis of the contract concluded with the provider for one day. In this way, the same 1 (one) day insurance for the vehicle to be put back into service after the short term leases are delivered to the rental office after the same day.

Consequently, in order to avoid such situations of fairness and fairness (m.3) of the Civil Code and in violation of the rules of good faith (m.3), and additional sales fees should be deducted. Since the vehicle used for the car rental service has been insured once for each day it is put into service by the provider, the service fee, insurance cost and additional sales amounts will be paid by the renting vehicle on the same day by the car rental customers, as well as the car insurance will continue to exist.