MARTI USER AGREEMENT
This User Agreement (which will be referred as “Agreement”) is concluded between MARTI İLERİ TEKNOLOJİ ANONİM ŞİRKETİ (which will be referred as “MARTI”) (MERSIS No: 612137376300001) and the person who downloads the application in order to benefit from the services (which will be referred as “User”), in order to regulate the rules with regard to the use of the application and terms and conditions with regard to the rental services of micro-mobility (Marti Scooter, Marti Mobilet and Martı Moped) vehicles (be referred together as “Vehicle”) and other vehicles within the scope of the sharing model (which will be referred as “Service”) provided in the MARTI application. MARTI and User will be referred together as “Parties” and separately as a “Party” within this Agreement.
2. Scope and Subject of the Agreement
This Agreement shall be read carefully before downloading and starting to benefit from Services by the User. Should the conditions set forth in this Agreement are not accepted by User, User cannot access and use Services. In case the User accesses and/or starts to use the Services in the application, it shall be assumed that all terms and conditions of this Agreement which constitutes a contractual relationship between the User and MARTI are accepted and approved.
Definitions provided below are valid in this Agreement:
3.1 Marti Scooter: Means e-scooter vehicles that supplied in advance and provided for the use on condition that the conditions stated in this Agreement are met.
3.2 Marti Mobilet / Marti Moped: As explained in the Highway Traffic Regulation Law and the related regulation; It has four-wheeled L1, L2 and L6 classes with a maximum speed of 45 kilometers per hour, a cylinder volume of 50 cubic centimeters if it is an internal combustion engine, and a maximum continuous nominal power output of 4 kilowatts if it is an electric motor with the same features as two or three wheeled vehicles with a net weight not exceeding 350 kilograms, which are motor vehicles put into service by MARTI. It refers to Marti Mobilet and Marti Moped vehicles that are previously supplied and put into use, provided that the conditions specified in this Agreement are complied with.
3.3 Fee: Means the fee that User will pay in return of the use of vehicles for maximum 24 (twenty-four) hours determined according to the period of reservation and/or use, excluding other (damage, fines etc.) fees.
3.4 Services: Services which are provided by MARTI include these; (i) MARTI mobile application, (ii) Marti Scooter (e-scooter), Martı Mobilet and Marti Moped vehicles provided for use to User by MARTI via rental or reservation, (iii) Providing assistance to User before, during and after driving.
3.5 Rules: Include all the rules with regard to use of Services that are stated in this Agreement or published in the MARTI mobile application.
3.6 User means the end-user who wishes to use the MARTI mobile application in order to benefit from Services provided by MARTI.
4. Rights and Obligations of the Parties
4.1 The User, declares, accepts and undertakes that all the information given during signing up is accurate, full, real and up-to-date and the User is at the age of discretion and of full legal age. The scope of the information is determined by MARTI and if necessary, MARTI can change, expand or limit the scope, suspend the membership in case there is doubt about the authenticity of the declared information and/or a risk occurs, ban, or can temporarily put the membership on hold. This Agreement, invalidates prior agreements made between Parties and overrides them.
4.2 Additional updates to this Agreement, which may be published from time to time by MARTI, at the discretion of MARTI, are included in this Agreement and will be considered as an inseparable part. MARTI will publish the current terms in the same area in case of any changes in the Agreement and notify the Users via the application. The renewed current Agreement will be valid and effective from the moment it is published in the MARTI database and all existing or new Users will be subject to the terms and conditions in the updated Agreement. Your continued access to or use of the Services after such in-app notification constitutes your declaration to be bound with the modified terms.
4.3 MARTI may terminate this Agreement and the Services immediately or block your access to the Services at any time for any reason. MARTI does not have any commitment regarding the continuity of the Services.
4.4 MARTI application is a technology platform that enables users to rent micro-mobility transportation vehicles with a shared model over the application, and MARTI offers these services only through the mobile application, by enabling real person users to see certain micro-mobility vehicles in their vicinity and rent them within the framework of certain rules. The total fee calculated at the end of the ride is collected by and through non-contractual institutions licensed by the Banking Regulation and Supervision Agency. MARTI will be able to collect / block the amounts determined before the ride starts for security, verification and similar reasons and notified to the User as they can see on the screen in the application.
4.5 The User must register and use an active user service account ("Account") in order to benefit from the Services. The User must be completed at least 15 years old for Marti Scooter/Marti Mobilet and must be over the age of 18 for Marti Moped to have an Account and to benefit from the Services. The responsibility for the persons who benefit from the Services contrary to the Agreement despite being under the age necessities do not belong to MARTI. In addition, MARTI will allow the User to benefit from the Services after confirming on the system that he / she has got the driver's license required for Marti Moped. MARTI is not liable for persons who are under the age of 18 or who use the services contrary to their absence despite not having the required driver's license. MARTI is authorized to carry out transactions and communicate with their parents and official authorities about these minors. In case of reasonable suspicion regarding the security of MARTI, the User and the public, it may request authentication for the User to access and use the Services. If the User refuses to show proof of identity, access to and use of the Services may be blocked.
4.6 While creating the Account, the User must enter his own mobile phone number in the MARTI application, then verify his/her phone number via SMS directed to his/her phone. In order for the User to benefit from the Services provided in the application, it may be requested to provide at least one valid payment method (credit card, bank account card or other accepted payment method) as well as some personal information such as name, surname, mobile phone number and age. The User accepts and undertakes to provide correct, complete and up-to-date information in his/her account. In the event that accurate, complete and out-of-date information such as an unaccepted or expired payment tool is provided, the User's access to and use of the Services may be blocked, and the damage inflicted on MARTI may be claimed by resorting to legal remedies within the suspicion of fraud.
4.7 The User is responsible for providing the data network access required to use the Services. Mobile network data can be used if the User accesses or uses the Services from a device with wireless internet access. If the mobile network data is used, it is the User's responsibility to provide and keep up-to-date updates with appropriate software and devices required for the access and use of the Services and mobile application. MARTI does not guarantee that the mobile application that provides the Services or any part of it will work with a particular software or device. Malfunctions and / or delays may occur in the services due to the use of the internet and electronic communications.
4.8 The User is solely responsible for all terms and conditions set out here. When a Vehicle is activated in the User's region through your Account in the MARTI application, this Vehicle should only be used by the User who is the account owner. If it is determined that the Vehicle is used by a person other than the Account holder, the Account will be closed by MARTI and a fine may be imposed.
4.9 The User acknowledges that he/she has the necessary competence to use the Vehicle and that he/she does not have any obstacle that may harm himself and / or the public while using the Vehicle. The User accepts and undertakes that he/she is familiar with the use of the Vehicle and is physically sufficient to use the Vehicle. By accepting to use the Vehicle, the User accepts all responsibilities and risks that may arise from personal injury, bodily harm to third parties and / or damage to property. The User is responsible for determining whether adverse weather conditions such as, without limitation, rain, fog, snow, hail, icing, temperature change or lightning make the operation and / or use of a Vehicle dangerous. The User must adjust his/her driving habits and braking distance according to external factors such as weather, visibility, environmental factors (slope, uneven ground, etc.) and traffic conditions. The User accepts that he/she is solely responsible in cases where the Vehicle is getting out of control and/or the Vehicle’s features are deteriorated/become ineffective and/or the brake mechanism does not provide sufficient effect due to not taking the necessary precautions and/or not paying the necessary attention expected from a reasonable person for such conditions and factors and/or not taking necessary actions to prevent the occurrence of any foreseeable harm hazard. The User accepts that the electronic brake mechanism, which is available in some Vehicle models, is designed to reduce or prevent acceleration of the Vehicle traveling in standard (flat, slope and dry) road conditions automatically and as an additional measure to prevent excessive speed by providing an audible warning and therefore, the User accepts that the brake mechanism may not affect the speed of the Vehicle at a sufficient level or at all in case where acceleration is expected by the law of physics and/or negative external conditions (i.e. over speed, slope, uneven/bumpy road, sloppy road, over weight) affect the effectiveness of the brake mechanism.
4.10 While using the Services, the User must comply and will be solely responsible with all applicable legal regulations regarding the use of vehicles, including but not limited to driving on roads and pavements reserved for pedestrians, without a helmet or without the required driver's license, and all applicable laws and practices for Martı Scooters, Martı Mobilets and Martı Mopeds. While using the Services, the User accepts that he/she is personally responsible for complying with all applicable legal regulations, especially the traffic rules, and all the rules set in the laws and practice for bicycles, e-scooters, mopeds and undertakes to use the Services only within the legal limits. While using the Services, the User is personally liable to avoid actions that may disturb or harm third parties and not to act in a way that causes property damage. The User accepts, declares and undertakes to show courtesy and respect to everyone while using the Services.
4.11 The User accepts and knows that the Vehicles are not available for rental and / or reservation 24 hours a day, 7 days a week and 365 days a year. The total number of Vehicles is limited and Vehicle availability is never guaranteed. MARTI reserves the right to limit the reservation time at any time. In the event that MARTI limits the reservation period, the User will be informed before the reservation process within the application. MARTI reserves the right to cancel the reservation made by the User at any time without giving any reason. If the reservation is canceled by MARTI for operational reasons, no service fee will be reflected to the User. If the reservation is canceled due to exceeding the reservation time limit determined by MARTI, the reservation fee processed so far will be charged from the User. In the event that the reservation is canceled by the User from within the application, the User has approved that the reservation fee incurred until the cancellation date will be collected from the credit card.
4.12 The User accepts that the Vehicle can only be used in areas that are suitable and active for use on the application (light colored area within green borders), other areas are closed, and the areas marked in red in the application during the journey are non-parking areas. The User agrees, declares and undertakes to pay MARTI the penal clause fee regulated in the Agreement and / or the additional operation cost that will arise due to the Vehicle being collected from the area not suitable for use, in the event of an act that violates the rule set out in this article.
4.13 The User has to follow the rules regarding the use and operation of the Vehicle. The User, in accordance with the relevant legislation, considering the characteristics of the Vehicle, using necessary equipment for safe driving, including but not limited to the protective headgear (helmet), goggles that will protect the eye against external influences and/or will not obstruct the vision, clothing with reflective marks for night driving is the User’s sole responsibility.
4.14 The User accepts, regardless of whether it is known or unknown, predictable or unpredictable, that may occur during the use of the Services, all the consequences that may occur as a result of erroneous or illegal use, accidents that may result in injury or death, claims, requests, damages, losses, all legal and criminal liability, costs and trial expenses, lawyer's fees. In the event that the minor benefits from the Services offered by MARTI and / or harms the MARTI against the rules of the Agreement, criminal liability of the minor may be applied, and all kinds of expenses, damages and expenses can be recourse to the parent and / or guardian.
4.15 The Vehicles subject to the services offered to the User by MARTI are electrical vehicles whose batteries must be charged periodically in order to operate. The User accepts that the Vehicle is an electric vehicle and in the light of all the limitations and requirements related to it, it should be used safely and prudently.
4.16 The battery of the Vehicle will decrease depending on the usage (depending on both the road and time), and as the battery of the Vehicle decreases, the speed and other optional features of the Vehicle may decrease (or may finish completely).
4.17 The battery level of the Vehicle rented by the User is not guaranteed during the vehicle's lease or start-up process and may change during each rental. The battery level limits may vary depending on the device and vehicle model. There may be a difference between the battery level of the reserved Vehicle during use and during the reservation order.
4.18 The rate of battery power loss during vehicle use is not guaranteed by MARTI and may vary depending on Vehicle, road conditions, weather and other factors. Likewise, the distance and / or time that the User can use the Vehicle before losing its mobility due to electricity is not guaranteed by MARTI.
4.19 In the event that the battery level of the Vehicle decreases during the lease, the User will be notified via the application and a warning will be given to terminate the journey or to transfer to another Vehicle. If this warning is not complied with, the vehicle will run out of battery completely and the User should park the Vehicle as soon as possible. If the device on which the User's Account is in use runs out of battery during the journey, the User must log into his/her active Account from another device within 10 (ten) minutes and finish the ride. Otherwise, since the User cannot be reached by MARTI, procedures and sanctions regarding theft may be imposed on the User.
4.20 The User is obliged to immediately notify MARTI of any accident, collision, damage, individual injury, stolen or lost Vehicle. If the accident has caused personal injury, damage to private or public property or theft of the Vehicle, the User is also obliged to notify the situation to the competent authorities as soon as possible. The User accepts that all kinds of legal and criminal liability, including but not limited to usage error, damages and losses, claims and claims, costs and expenses, penalties, attorney fees and legal expenses, related to the stolen Vehicle belongs to him / her.
4.21 The User is obliged to leave the Vehicle as it was received. The User is not responsible for ordinary wear and tear.
4.22 The User agrees to follow the following rules as well as the traffic rules for a safe journey:
a. Carrying any handbag, backpack or other item during the journey may damage the operational safety and driving safety of the Vehicle or may disturb the Vehicle's balance. In the event that the User carries such an item, it is the User's obligation to ensure that this item fits your body properly and that it is carried in a way that does not interfere with your qualifications required for the use of the Vehicle.
b. Heavy bags or such heavy items should not be placed on the handlebar of the Vehicle.
c. While using the Vehicle, the User should not use a mobile phone, tablet, portable music player or any device that may distract or reduce their sensitivity to environmental factors.
d. Under no circumstances will the User drive a Vehicle while under the influence of alcohol, medication, drugs or any substance that could interfere with their safe travel qualification.
e. It is strictly forbidden to carry any second person or child in the vehicle.
f. Marti Scooter must be locked, Marti Mobilet and Marti Moped must be parked in a safe place at the end of the journey. Otherwise, the journey will continue and the travel fee will continue to be collected from the User (The helmet of the Marti Moped must be locked at the end of the journey in its helmet bag). The situation that may cause disturbance of public order, security vulnerability and the damage that MARTI may suffer due to not locking the Vehicle will be covered by the User. If the User has a problem with the lock mechanism, he/she should be contact directly with MARTI. MARTI will provide the solution of the problem in case of a problem arising from it and no fee will be collected from the User during this process. Only locking and parking mechanisms provided by MARTI should be used. Locking the Vehicle in any way or with a different lock other than the aforementioned method without an urgent concern about security is the same as if the Vehicle has not been locked or parked, and the User will compensate for all damages arising from this violation.
g. The Vehicle must be parked in a suitable place within the area of use, with the balance stand opened, in a way that it does not obstruct the public order, pedestrian traffic and DISABLED ROADS AND SIGNS.
h. The Vehicle may not be parked in an unapproved private property, non-public and locked area or any other private space. In addition, the Vehicle should not be parked in an area with heavy traffic where there is a risk of tipping over and / or on the garage entry / exit. In the event that the User parks the Vehicle in a private property, a locked area or any other private area other than these, in an area that poses a security or physical damage risk to the Vehicle, the User shall pay the penalty fee set forth in the Agreement and / or the additional operation costs that will arise due to the collection of the Vehicle from the area not suitable for use, and the penalty and compensation amounts to be paid by non-contractual third parties will pay MARTI.
i. The User agrees not to use the Vehicle for racing, mountain riding, acrobatics or other special rides. The User accepts that he / she will not use the Vehicle in a dirt road, water covered area (in a way that prevents normal driving) or any area that is prohibited, illegal, disturbing others. The User agrees not to use the Vehicle for a reward or sublease purpose, or for violating any law, rule or regulation.
j. The User should not exceed 100 kg for the MARTI Scooter and 150 kg for the Martı Mobilet and Martı Moped, which are the maximum weight bearing limits of the Vehicle.
k. The User is forbidden to get on public transportation vehicles or private vehicles by vehicle.
l. Heavy bags or other heavy items should not be placed on the Marti Scooter’s handlebars, in the Marti Moped’s helmet bag and on the Martı Mobilet’s front side.
m. The User must ride alone and is obliged not to pick up any passenger to the Vehicle. Vehicles are designed to be used by one person. If the User drives the Vehicle with another person; MARTI will not be responsible for such negativities e.g accidents, malfunctions.
5. Fees and Payment
5.1 Fees; may vary during use, according to the location of the User, vehicle model and / or time, and information about the fee determined in this way will be provided to the User in the mobile application before starting to use. The User can use the Vehicle within the framework of the prices per ride or the prices announced in the mobile application. In any case, fees and other expenses are subject to applicable taxes and other local charges, and the entire amount will be collected by MARTI. It is accepted that the User approves the moment he/she starts to use the Services that the damage caused by the violation of the Agreement and / or the laws, the repair cost, the loss of turnover, the operation expenses and the penal clause fees regulated in the 18th Article of the Contract ("Penalties") can be collected directly without prior notice via the payment method (credit card, debit card, prepaid card or any other accepted payment method) added to the application related to the rides and reservations.
5.2 At MARTI's sole discretion, promotional codes ("Promotion Codes") may be created, which can replace discounts, other features or privileges related to services and are subject to additional provisions to be determined by MARTI separately for each. Promotion Codes are one-time offers and can only be used through the Mobile Application. Promotion Codes; (i) must be used legally for the intended purposes, (ii) cannot be copied, sold, transferred in any way, made public, (iii) can be invalidated by MARTI for any reason at any time without any liability of MARTI, (iv) may be used in accordance with the specific terms set forth by MARTI for each Promotion Code, (v) not substitute for cash, (vi) expire before your use, (vii) offer MARTI Promotion Codes to all Users or to specific Users / It can be applied as an individual offer for the User. MARTI reserves the right to update or cancel the Promotion Codes. Promotion Codes are limited to one User and account only and cannot be combined with other offers.
5.3 The maximum rental period is 24 hours. The User can rent the Vehicle again later. The User is aware of the time-related delays that may occur in the process of locking the vehicle in models with locks. As soon as the journey is terminated, the accumulated rental fees will be collected from the User. Vehicles that are not returned within 24 hours (as locked and completed journey - there is no locking obligation for vehicles that do not contain a lock) will be considered lost or stolen and the penalty fee for this violation is set out in Article 18.
5.4 The User who has registered to use the Services must provide a valid credit card or prepaid card information with the expiration date. The User accepts that any credit card, debit card or prepaid card notified to MARTI will be used by MARTI and / or by an electronic money payment institution that MARTI has an agreement with, only for the purpose of collection. The User shall notify MARTI of all fee items and the Article 5.1. authorizes collection from the payment method notified for the items listed in the article. In case the payment cannot be made due to any problems in credit cards or prepaid cards or due to insufficient balance, the User will be requested to pay by loading the card or introducing another card with a sufficient limit to the system. If the User refuses to make a payment, MARTI reserves the right to apply for legal remedies.
5.5 If the User is to object to a fee collected from a credit card, debit card or prepaid card, he/she must notify MARTI in writing within 5 days until the end of that month, and should provide all relevant information such as the date of the ride and the approximate start and end times of the said ride. The User agrees to notify MARTI of all changes regarding card information immediately. MARTI does not accept any responsibility for card theft not caused by MARTI.
5.6 In the Incentivized Parking Zone system, MARTI can offer the User the option of discounted ride. If the User is near the Incentivized Parking Zone at the time of starting the rental, the zones will be displayed to the User with the marked zones on the rental screen and will receive a discount if parked in the mentioned zone at the end of the ride. These Incentivized Parking Zones may vary at the start of each individual ride. The discount rates in the regions included in the Incentivized Parking Zone system may differ and MARTI reserves the right to close the discount system depending on the capacity of the region.
6. OWNERSHIP and SOFTWARE
6.1 The User accepts that the Vehicle, the MARTI application and any MARTI equipment specified herein are always the private property of MARTI. The Vehicle must not disassemble, write on or alter, repair or destroy any part of the Vehicle or any equipment of MARTI. Labels on the vehicle must not be scratched, peeled off, altered or removed. Your use of the Services does not grant you the right to use MARTI's trade name, brands, logos, product and service names for advertising, promotion or reference purposes without MARTI's prior written consent. In the event of theft and / or damage, the ownership of the Vehicle and / or the part subject to the damage is not transferred to the User / Suspect in return for the damages collected from the User.
6.2 The following are strictly prohibited:
(I) Removing copyright, trademark or other proprietary notices from any part of the Services or Vehicles;
(II) Unless expressly stated by MARTI, reproduction, modification or derivative product preparation, distribution, licensing, leasing, selling, reselling, transferring, making public, providing to the public, releasing, publishing or otherwise misusing the Services;
(III) Decompile, reverse engineer or disassemble the Services except to the extent permitted by applicable law;
(IV) Matching, mirroring or framing any part of the Services;
(V) Starting or using any program or code for digging, indexing, researching, or otherwise for data mining purposes, or for the purpose of overloading or preventing the operation or function of the Services;
(VI) Attempting to gain unauthorized access to or disrupt services, related systems or networks.
7.1 Security Control
Before each use of the Vehicle, the User must perform the basic safety checks listed in this article: (i) the durability of the tires; (ii) safe operation of all brakes and lights; (iii) fitness of vehicle components; (iv) sufficient battery power; and (v) any sign of damage, unusual or excessive wear, or other obvious mechanical problem / need for maintenance. The User accepts that he/she will not use the Vehicle in case of any noticeable situation and will immediately inform MARTI customer service.
7.2 Lost or Stolen Vehicle
A vehicle (a) if the GPS unit is deactivated, (b) is parked in an unauthorized private property, a locked area or any public area for more than 10 minutes at the end of the ride, (c) if it is moved by a third party or any other User when is not authorized (e) situations arise where MARTI may consider the Vehicle stolen, the Vehicle is considered lost or stolen. Unless reasonable grounds are provided, the User and MARTI accept that the responsibility for the lost or stolen Vehicles belongs to the last User who has completed the ride with that Vehicle. If MARTI assumes that a Vehicle has been stolen or lost, MARTI shall take all kinds of actions (within the knowledge of the last user of the Vehicle or unless otherwise stated), including but not limited to the request of return and other appropriate penalties and / or compensation and notification to the relevant authorities. The User accepts that he/she will notify MARTI as soon as possible that the Vehicle is lost or stolen. The Parties accept and undertake that the information in the database of MARTI will constitute binding and conclusive evidence in a possible dispute and will be definitive evidence in accordance with Article 193 of the Civil Code of Procedure.
7.3 Ride Safety
In accordance with the relevant legislation, taking into account the characteristics of the Vehicle, it is the sole responsibility of the User within the framework of the legislation to use the necessary equipment for a safe ride, including but not limited to helmet (already been presented with Martı Moped), goggles that will protect the eye against external influences or not obstruct the vision, and clothing with reflective marks for night rides.
MARTI recommends to all users to use a protection cap, suitable for body measurements, snug and tied according to the manufacturer's recommendations. The User accepts that MARTI is not responsible for an injury occurring while using the Services, except for cases caused by the technical defect detected by MARTI with regard to the Vehicle, whether he/she wears a helmet and aforementioned such equipment during any accident. The User bears the entire risk of not wearing a protective hood or protective equipment. The user may need additional security measures or warnings that are not explicitly specified in this Agreement.
The User accepts that MARTI does not offer a route or area to use the Vehicle and MARTI never guarantees the security of the region where the journey is made. Roads, sidewalks, vehicle lanes and vehicle routes can be dangerous to travel due to weather, traffic or other risks.
7.5 Limitations with Regard to the Services
The User agrees that MARTI is not a carrier. Alternative private and public transportation options, including public transportation vehicles, taxis, and walkways, are offered to the public and the User. MARTI offers the Vehicle only as an alternative and this service is intended to be used only by those who can use the Vehicle on their own and who have accepted all the terms and conditions of this Agreement.
7.6 Limitations with Regard to the Use of Services
MARTI makes every effort to ensure that the Services are available 365 days a year, but in the event of force majeure, unforeseen events or other circumstances, MARTI does not guarantee that these services are always appropriate. Access to Services also depends on availability of Vehicles. MARTI does not guarantee that the Services and Vehicles are always available. The User accepts that MARTI can recall Vehicle at any time.
MARTI has mapped certain regions for the Vehicles offered to the User. The features of these zones and zones and the warning methods related to these features have been explained above. If the User does not take these warnings into consideration, the security measures on the Vehicle will be activated and the Vehicle will switch to stolen status. In this case, "Sanctions Regarding the Lost / Stolen Vehicle" are applied to the User by MARTI.
8. Privacy and Protection of Personal Data
MARTI accepts that it will protect the confidential information of the Users by taking the precautions required to protect and maintain their privacy, with no less than reasonable level of care, and will limit the information to authorized institutions along with their employees (including its own employees) who absolutely need to know.
MARTI processes the personal data of the Users in accordance with the Law No. 6698 on the Protection of Personal Data ("KVKK") and the information regarding the processing of personal data is presented in the Privacy Notice.
9. Waiver and Limitation of Responsibility
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING FROM YOUR USE OF THE SERVICES SHALL BE WITH YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Even if MARTI warns against damages that may occur, it is not liable for any indirect, incidental, special, exemplary, punitive and consequential damages, including loss of profit, data loss, personal injury and property damage in connection with or in any way resulting from the use of the services. Even if MARTI has warned of the possibility of such damage, it cannot be held liable for any damage, liability or loss resulting from: (i) your use of the Services, your involvement with the Services, or your disruption to your access or use of the Services; (ii) MARTI is not responsible for performance delays or failures caused by reasons beyond MARTI's reasonable control.
The User declares that using any Services, Vehicle and related equipment carries visible-invisible risks and dangers such as injury, death of the User, damage to property and that these risks cannot always be predicted; is aware of the unpredictability.
The User is permanently personally and entirely solely responsible for having a safe ride with the Vehicle. The User acknowledges that even if the Vehicle has been serviced recently, it may deteriorate and these defects may cause an accident. The user bears all associated risks and dangers with full responsibility.
10. Resolution of Disputes
Turkish Law will be applied in the settlement of all disputes arising under this Contract, and Istanbul Central (Çağlayan) Courts and Enforcement Offices are authorized.
11. Evidential Agreement
In all disputes that may arise from this Agreement, the Parties accept, declare and undertake that the commercial books and records of MARTI, computer records, electronic and system records kept in the database and servers, commercial messages, instant messaging applications correspondence, e-mails, social media correspondence, will be binding and valid and that it will constitute definitive and exclusive evidence and that these are in the nature of definitive evidence agreement.
12. Waiver and Severability
Failure of one of the Parties to use or to execute any right granted to it in the Agreement will not mean that the said right is waived or it will not prevent the subsequent use or execution of the right. The invalidity, illegality and inapplicability of any provision of this Agreement or any statement in the Agreement will not affect the validity and enforcement of the remaining provisions of the Agreement.
13. Interpretation of the Agreement
Names of the articles in this Agreement do not affect the interpretation of the Agreement. The word "or" does not mean anything different from its own meaning. The word "included" means "including but not limited to". Unless the context requires otherwise, singular or plural words each denote the singular or plural number. All pronouns include masculine, feminine, and genderless pronoun forms.
14. Making the Agreement Voluntarily
This Agreement is voluntary and does not contain any coercion or undue influence on behalf of MARTI. The User (a) has read this Agreement; (b) irrevocably accepts, declares and undertakes that it understands the terms and sanctions of the Agreement and (c) is fully aware of its legal and binding effects.
The Parties will be able to terminate this Agreement at any time. In order to terminate the Agreement, it is sufficient for the User to delete the application and send an e-mail to [email protected] if he/she wants this issue to be recorded by MARTI. In the event that the User terminates this Agreement, he/she must immediately stop using the services offered by MARTI.
As a general notification via the Services, MARTI may notify by sending an e-mail to the User's e-mail address, via the mobile application or to the electronic address specified in the User's Account in written and / or verbally.
17. User Acceptance Declaration
I confirm that I have read and expressly accept the terms and conditions in this Agreement; I agree that my legal rights and remedies are limited within the scope of Waiver and Limitation of Liability. I accept my consent to this Agreement; I am aware of the complete and unconditional waiver of all my obligations to the extent permitted by law. I declare and undertake that I am familiar with the use of the Vehicle and that I am reasonably competent and physically fit to drive the Vehicle.
I confirm that I am 15 years old or older for Marti Scooter and Marti Mobilet, 18 years old or older for Marti Moped. I will take the security measures required by the rules, I will not board the Vehicle with another passenger, I will comply with all traffic rules, I will use the Vehicle by accepting all risks. By approving this Agreement, I irrevocably accept, declare and undertake that I have read, understood and accepted the terms and conditions specified in this Agreement with my access to and use of the Services.
As explained in the article 7.5 of the Distance Car Rental Agreement; User is responsible for the damages caused by the traffic citations that notified to MARTI by the competent authorities upon issuing on the license plate of the Vehicle upon traffic infringement of the relevant articles of the Highway Traffic Law numbered 2918. Having notified the traffic fine, MARTI will detect the Vehicle subject to the penalty and right after will determine the date and time of the action subject to the violation and eventually will identify and subsequently recourse to the User, who is responsible for the violation. In the event that the User acts against the rules and laws regulated in this Agreement and / or transmitted via the mobile application, MARTI will collect the following amounts from the User as a penalty fee. The claim rights regarding the damages of MARTI exceeding the penalty amount are reserved.
• Damages arising from the User in the vehicle; Repair cost up to 15.000 TRY for Marti Scooter and Marti Mobilet, up to 30.000 TRY for Marti Moped
• Theft; Marti Scooter and Marti Mobilet cost 15.000 TRY, Marti Moped cost 30.000 TRY
• Parking in violation of the parking rules; 50 TRY for Marti Scooter, 100 TRY for Marti Mobilet and Marti Moped
• Parking the vehicle on non-public or private property; 250 TRY
• Taking photos at the end of the ride as against the rule three times in a row; 40 TRY
• Parking the Vehicle outside the designated area and / or using it outside the designated area; 100 TRY
• Using the Vehicle by someone other than the account holder or providing false information about the User Account; Up to 300 TRY for Marti Scooter, up to 600 TRY for Marti Mobilet and Marti Moped
• Getting on public transport with the Vehicle; 500 TRY
• Exceeding the maximum lease duration; Up to 500 TRY
• The determination by MARTI that the application and / or any rights and obligations set forth in the Agreement have been used maliciously in any way; 100 TRY
• If the vehicle is lost (i.e. in case of falling into the sea); 15.000 TRY for Marti Scooter and Marti Mobilet, 30.000 TRY for Marti Moped
The collection of the penalty fees set out in this article will not prevent MARTI’s right to claim additional operation costs and damages exceeding the penalty, and MARTI reserves all legal and criminal rights and claims of the User that may arise from violation of the Agreement and / or laws.
If the user thinks that an incorrect detection has been made, he / she should send an e-mail to [email protected] with an explanatory text.
1.1. Scope and definitions
Vehicle means any vehicle eligible for Route Sharing , including but not limited to passenger cars and motorcycles , that Vehicle Sharer will offer for Route Sharing via the Mobile Application .
Vehicle Sharer, who uses the Mobile Application to share a Journey with a Route Sharer and Journey together with the Route Sharer for the Trip Share Amount offered by the Route Sharer at a certain time, from a certain place to a certain destination, without any profit motive. It also represents the real person who will do it.
Route Sharing, Vehicles by realizing the Journey for the Trip Share Amount equivalent to an insignificant part of the Journey’s cost, in which the Route Sharer and the Vehicle Sharer match as a result of the Vehicle Sharer's acceptance of the requests submitted by the Route Sharer in order to make the Journey through the Mobile Application.
TAG refers to the Route Sharing services called Tek Araçla Gidelim, offered by Marti as a service provider through the Mobile Application.
Service, refers to the services offered to Vehicle Sharer and Route Sharer by Marti as a service provider via Mobile Application and Marti Mobile Application.
The Terms or Conditions of Use refer to these terms and conditions of use.
User, refers to the end user who wants to use the Marti mobile application to benefit from the Services offered by Marti.
User Account means the Martı Mobile Application account opened by a Route Sharer and used to access the Services offered by Martı as a service provider.
Martı Mobile Application, refers to the mobile application developed by Marti, which provides the rental service of micro mobility vehicles.
Agreement , refers to the Martı User Agreement.
Journey Share Amount is calculated by the Marti Mobile Application and insignificant part of the cost of the Journey suggested to the Route Sharer. It also refers to the amount freely determined by the Sharer and to be paid to the Vehicle Sharer in cash and in lump sum, without any profit motive, only in order to share the Travel expenses partially in a sense.
Journey, means the Journeys, in which Route Sharer and Vehicle Sharer decide to share a route from a certain starting point to a certain destination via the Marti Mobile Application and Mobile Application.
Route Sharer, refers to the real persons who provide access to the Vehicle Sharer through the Marti Mobile Application and who make a certain Journey together with the Vehicle Sharer and contribute to an insignificant part of the Journey cost of the Vehicle Sharer for the purpose of Route Sharing.
The plural meanings of the terms defined in these Terms include their singular meaning and their singular meaning includes their plural meaning.
1.2. Acceptance of the Terms
Route Sharer fully accepts these Terms by clicking the “I hereby read and accept the User Agreement” box in the Marti Mobile Application.
Access to the Services will not be permitted unless the terms are accepted. None of Route Sharer has the right to partially accept the Terms. Each Route Sharer agrees to comply with the conditions determined by Marti and to provide the information and documents requested by Marti if necessary.
If Route Sharer fails to comply with any of the provisions in the Terms, Marti may suspend the User Account of the Route Sharer and the Services provided to the Route Sharer without any notice to the Route Sharer and/or reserves the right to cancel.
1.3. Changes to the Terms, Mobile Application and Service
Marti reserves the right to change the Terms at any time. All changes made to the Terms will become effective after the relevant changes are posted on the Marti Mobile Application. In addition, Marti may make changes or modifications to the Services offered through the Marti Mobile Application at any time without notice and without any liability to Route Sharer.
Route Sharer shall be deemed to have accepted these amended Terms if Route Sharer uses the Services offered through the Marti Mobile Application after the publication of the amended Terms.
2. Use of the Services
2.1. User Account and Accuracy of Information
Each Route Sharer must create a User Account to use the Services and agrees to provide accurate, complete and up-to-date information requested by Marti through the Marti Mobile Application for the proper provision of the Services. Route Sharers accept all of the information they provide to Marti when creating a User Account, is correct and complete. Route Sharers also agree that all information submitted to Marti or sent to Marti Mobile Application regarding any Journey, Route Sharing will be true, accurate and complete.
Martı shall not be liable to any Vehicle Sharer and/or Route Sharer regarding incomplete, incorrect, misleading or false information submitted by Route Sharer. In order to benefit from TAG, the Route Sharer must be at least 18 years old.
Unless expressly agreed otherwise by Marti, Route Sharers may only receive one User Account per person. User Accounts cannot be created on behalf of or impersonating another person.
2.2 Non-Commercial Activity and the Status of Marti
Marti Mobile Application are limited to providing Services only for the Vehicle Sharer and Route Sharer to act in a solidarity purpose and share the Journey. Services cannot be used to offer or accept sharing for profit or for any other commercial or professional purpose.
No profit will be made from the Journey and the Route Sharer will only cover an insignificant part of the Journey’s costs.. This matter applies to all activities, arrangements, Services and all other additional services or activities that can be agreed between the Vehicle Sharer and Route Sharer using the Marti Mobile Application and the Mobile Application.
Vehicle Sharer shall not engage in additional activities such as package
delivery, private courier for profit or gain, and the Vehicle Sharer cannot
accept or request these services without limitation. The
starting points and destinations of all Journeys must be agreed in advance via the Marti Mobile Application and Mobile Application. The Route Sharer shall not meet with the Vehicle Sharer from any predetermined location via the Marti Mobile Application.
Marti's liability is limited to the cases in accordance with these Terms and Marti specifically violates any agreement between Route Sharers and Vehicle Sharers or where any Vehicle Sharer (in violation of these Terms) provides Services for professional or commercial purposes through the Marti Mobile Application. Marti shall not be liable for any breach of these Terms by any Vehicle Sharer, including the Route Sharer and Vehicle Sharer's responsibility to be cautious about ensuring that the Services are not offered for commercial purposes.
Status of the Marti
Marti does not offer any transportation services through the Marti Mobile Application. The Marti Mobile Application is a green and social solidarity platform that enables Route Sharers to travel with Vehicle Sharers. Marti does not interfere with Journeys, destinations, timings and Journey Share Amount. Marti shall not take any commission from Route Sharing and does not provide this platform for professional or commercial use. The conversation regarding the Journey is made between the Route Sharer and the Vehicle Sharer. Marti is not a party under any name or name to any agreement between Route Sharer and Vehicle Sharer. Martı is not or will not act as the representative of any Route Sharer and/or Vehicle Sharer. Violation of these Terms will result in immediate suspension of the relevant Route Sharer's User Account, in which case the relevant Route Sharer's access to any Services will be limited.
Marti is a free service that only allows Route Sharer and Vehicle Sharer to communicate with each other via the Marti Mobile Application to organise a Route Sharing. For the avoidance of doubt, the Services cannot be interpreted as providing transportation services, transportation services, payment intermediary services, card storage services in any way.
The Route Sharer will communicate via the Mobile Application used by the Vehicle Sharer, which is operating simultaneously with the Marti Mobile Application to organise a Route Sharing and plan the Journey conditions and the Route Sharer 's address in these matters will be the relevant Vehicle Sharer exclusively.
The Service is operated exclusively by Route Sharer and Vehicle Sharer.
Marti reserves the right to make changes to any aspect of the Marti Mobile Application or Services, including adding new services or withdrawing services.
2.4 Route Sharer Obligations
To become a Route Sharer; the User must use the services related to the rental of micro-mobility vehicles by riding a certain number of times, which are the subject of the Agreement and Marti Mobile Application will be unlocked to use the TAG Service of the Marti Mobile Application. The User, who has not performed a certain number of rides, cannot benefit from TAG.
The Route Sharer agrees, accepts, undertakes that he/she;
· shall be at the agreed place at the agreed time with the Vehicle Sharer,
· shall immediately notify the Vehicle Sharer about any changes that may occur during the Journey,
· shall not lead Vehicle Sharer to profit through the Services for paying any amount other than contribution to the Journey cost,
· accepts Marti shall not be liable to the Vehicle Sharer or Route Sharer in any way accordingly and Vehicle Sharer or Route Sharer do not have any recourse rights against Marti due to the loss and damage that may arise from the use of Route Sharing, Services and/or Mobile Application.
If a Route Sharer does not accept the change or changes, the Route Sharer shall not pay the Ride Share Amount or compensation to the Vehicle Sharer. If the Route Sharer paid, the Route Sharer is entitled to a full refund from the Vehicle Sharer.
Route Sharer has an obligation to act punctually after the match is made. In any case, the Route Sharer may be tolerant to Vehicle Sharer due to lack of punctuality to arrive at the meeting point.
Marti is not a party to any agreement between Route Sharer and Vehicle Sharer and is not liable to Route Sharer and Vehicle Sharer or third parties unless the damage or damage is caused by Martı's gross negligence or by matters regulated in the mandatory provisions of the relevant legislation regarding the limitation of liability. The mission and responsibility of Marti is only limited to communicating Route Sharer and Vehicle Sharer for Route Sharing purposes and Marti does not accept any responsibility for the violation of Route Sharer or Vehicle Sharer or their contractual and legal obligations defined in this document.
As a result, none of Route Sharer and/or Vehicle Sharer or any third party can be held liable for any damage, loss or damage that may arise;
· Any incorrect or incomplete information submitted by Vehicle Sharer and/or Route Sharer,
· Any fraud, misrepresentation or breach of duty wrongful act or breach of any of these Terms by a Route Sharer or Vehicle Sharer before, during or after the Journey to Marti.
By accepting these Terms and by using the Services, the Route Sharer and/or Vehicle Sharer accepts, declares and undertakes that Marti is not responsible for the matters clearly stated above and in general in the Terms and no responsibility can be attributed to Marti by third parties. For the avoidance of doubt, Route Sharer and/or Vehicle Sharer shall be liable to Marti regarding any price that Marti may have to pay to third parties under any name and name without prejudice to and without prejudice to other provisions set forth in these Terms.
Martı, except for cases where it has a serious fault as specified in Article 115 of the Turkish Code of Obligations (non-liability agreement); shall not be liable to any Route Sharer and/or Vehicle Sharer and third parties for indirect damages as a result of services rendered by Marti (whether or not incurred as a result of Marti’s negligence or otherwise).
4. General Terms
4.1. Suspension or Cancellation of Access to the Marti Mobile Application
Route Sharer and/or Vehicle Sharer accept, declare and undertake that Marti always has the right to temporarily or permanently suspend the part or Route Sharer's access to Marti Mobile Application and/or Vehicle Sharer 's Mobile Application without prior notice, if Route Sharer and/or Vehicle Sharer do not comply with all or part of the Terms; Route Sharer and/or Vehicle Sharer do not interfere with Marti's access to all or part of the service or Route Sharer's access to the Martı Mobile Application and/or Vehicle Sharer 's Mobile Application.
4.2. Intellectual property
Marti Mobile Application are protected by Turkish and International Copyright Law, and Marti reserves all its rights regarding trademarks and copyrights that it owns or has licensed.
All rights regarding registered and unregistered trademarks of Marti (regardless of whether they are owned or licensed by Marti) appearing on the Marti Mobile Application are reserved .
Any part of the Marti Mobile Application may not be reproduced, copied, sold, resold or otherwise used for any commercial purpose without the written consent of Marti. Nobody, including Vehicle Sharer and/or Route Sharer and third parties, has the right to systematically quote and/or reuse the content of Marti Mobile Application without the written approval of Marti. Especially the use of data mining, robots or similar data collection and extraction tools to cite any important part of the Marti Mobile Application for re-use (regardless of once or multiple times) is strictly prohibited.
4.3 Mobile Application Content Provided by Route Sharers
By viewing the content in the Marti Mobile Application, Route Sharer gives permission to Marti to view the data and to use it for the purpose of Route Sharing with Services.
Vehicle Sharer agrees, declares and undertakes that he/she will not publish any content that is clearly defamatory, misleading, political, discriminatory, philosophical, associated with associations (such as union memberships), religious, racial origins, personal (including one's privacy, sexual/moral orientation or health), or offensive content or that of other persons (other Route Sharer and/or Vehicle Sharer), any content that violates intellectual property rights (eg. copyrights) or private life and privacy. As such content is against Martı's values and service policies, Martı does not accept responsibility for such content and Route Sharer will be personally responsible for any damage or other liability. Relevant Route Sharers agree to indemnify Marti from any liability that may be incurred due to such content, and Marti reserves the right to take any legal action regarding such content.
However, as soon as Marti becomes aware of the infringing content, Marti will do its best to remove the relevant content from the Marti Mobile Application as soon as possible .
4.4. Common Mobile Applications
Marti reserves the right to reproduce all information displayed in the Marti Mobile Application or the integrated Mobile Application required for the provision of the Service and to use it within the scope of the performance of the Services.
5. Law and Jurisdiction
Terms are governed by the law of the Republic of Turkey and all disputes that may be related to or arising from the Terms will be resolved by Istanbul Central (Çağlayan) Courts and Enforcement Offices.