MARTI USER AGREEMENT
1. Parties
This User Agreement (hereinafter referred to as the "Agreement"), MARTI İLERİ TEKNOLOJİ ANONİM ŞİRKETİ (hereinafter referred to as
"MARTI") (MERSIS No: 612137376300001) and the User who downloads the application to benefit from the services; It has been concluded in order to regulate the conditions regarding the rental and/or car sharing platform provision and the rules regarding the use of the application (hereinafter referred to as "Service") of the cars and motorcycles (hereinafter referred to as "Vehicle") subject to the Tek Araçla Gidelim ("TAG") car sharing platform provision service, which is also accessed through the MARTI application together with the micro mobility (MARTI Scooter, MARTI Moped and MARTI Mobilet) vehicles offered to the User through the MARTI application. Within the scope of this Agreement, MARTI and the User shall be referred to separately as "Party" and together as "Parties".
2. Subject and Scope
This Agreement must be read carefully by any person who downloads the MARTI mobile application to his/her mobile phone and/or any person ("User") before starting the mobile application. If the conditions set out in this Agreement are not accepted by the User, Services cannot be accessed. In the event that the User accesses and/or starts to use the Services through the application, it is assumed that all terms and conditions in this Agreement, which constitute a contractual relationship between the User and MARTI, have been accepted and approved.
3. Definitions
The following definitions apply to this Agreement:
3.1 MARTI Scooter: refers to e-scooter vehicles that are pre-supplied and made available for use, provided that the conditions specified in this Agreement are complied with.
3.2 MARTI Moped / MARTI Mobilet: As described in the Road Traffic Regulation Law and the relevant regulation; two or three-wheeled vehicles with a maximum speed of 45 kilometres per hour and a maximum continuous nominal power output not exceeding 4 kilowatts if they have an electric motor, and four-wheeled motor vehicles with the same characteristics and a net weight not exceeding 350 kilograms, having the L1, L2 and L6 class, are motor vehicles put into service by MARTI and MARTI Moped and MARTI Mobilet vehicles, which are pre-supplied and put into use, provided that the conditions specified in this Agreement are complied with.
3.3 Fee: It refers to the fee to be paid by the User for a maximum of 24 (twenty-four) hours of use, determined according to the User's reservation and/or duration of use, excluding other fees (damage fee, penalties, etc.) (TAG service is not charged by MARTI).
3.4 Services: The services offered by MARTI include; (i) MARTI mobile application, TAG application embedded in this application, (ii) MARTI Scooters (e- scooters), MARTI Mopeds and MARTI Scooters made available to the User by MARTI through rental and/or reservation (iii) providing support to the User before, during and after the ride, (iv) providing a TAG Vehicle sharing platform by proceeding from the TAG tab within the MARTI mobile application (v) and providing support before, during and after the ride for this service.
3.5 Rules: Includes all rules regarding the User's use of the Services, which are contained in this Agreement or published elsewhere in MARTI's mobile application.
3.6 User refers to the end user who wants to use the MARTI mobile application to benefit from the Services offered by MARTI.
4. Rights and Obligations of the Parties
4.1. The User declares, accepts and undertakes that all information provided during membership is always and in all respects correct, complete, true and up-to-date and that he/she is of legal age and majority. The scope of this information is determined by MARTI and may be changed, expanded or narrowed if necessary; In case of any risk and/or doubt about the accuracy of the declared information, it may stop, block or temporarily suspend the membership. This Agreement supersedes and replaces any prior agreements and understandings between the Parties.
4.2. Additional updates to this Agreement that may be published by MARTI, at MARTI's sole discretion, from time to time in the application are included in this Agreement and shall be considered an integral part of it. In case of any changes to the Agreement, MARTI will publish the updated terms in the same area and notify the Users via the application. The updated revised agreement shall be valid and in force from the moment it is published in the MARTI database and all existing or new Users shall 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 agreement to be bound by the amended terms.
4.3. MARTI may, at any time, for any reason, immediately terminate this Agreement and the Services or prevent your access to the Services, MARTI has no commitment regarding the continuity of the services.
4.4. In general terms, the MARTI application offers 2 main services;
a. MARTI is a technology platform that enables users to rent micromobility transport vehicles on a shared model through the application, and MARTI provides these services only through the mobile application by enabling real person users to see certain micromobility vehicles in their vicinity and rent them within certain rules. The total fee calculated at the end of the ride is collected by and through non-contractual organisations licensed by the Banking Regulation and Supervision Agency. MARTI will be able to perform collection/blockage transactions for the amounts determined before the start of the ride for security, verification and similar reasons and notified to the User in a way that the User can see on the screen in the application.
b. MARTI offers this vehicle/travel sharing platform provision service, which is offered strictly for non-profit purposes, where Users can make a journey by matching with TAG users who share vehicles within the scope of memorial transport by logging in to the TAG option through the MARTI application and enabling contact between the Users for the specific journey to be made. MARTI does not receive any fee arising from the service of providing TAG platform to Users.
4.5. The User is required to register and use an active user service account ("Account") in order to benefit from the Services. It is possible for the User to have an Account and benefit from the Services if he/she is at least 15 years old for MARTI Scooter and MARTI Mobilet, at least 16 years old to make a journey using TAG Service, at least 18 years old for MARTI Moped and it is verified on the system that he/she has the required driving licence. If the driver's licence of the User has been confiscated temporarily or indefinitely or if the driver's licence has expired because the User has not renewed his/her licence in due time, then the driver shall immediately notify MARTI and shall not use the Moped. The responsibility for the persons who benefit from the Services in violation of the contract despite not meeting the required age and/or driver's licence requirement or confiscation of the valid driver's licence belongs to the User himself/herself, not to MARTI. MARTI is authorised to take action and communicate about these minors before their parents and official authorities. In case of reasonable doubt on behalf of the security of the User and the public, MARTI may request identity / licence verification for the User to access and use the Services. If the User refuses to show proof of identity / licence, access to and use of the Services may be blocked.
4.6. The User is required to enter his/her mobile phone number into the MARTI application while creating the Account, and then verify his/her phone number via the SMS directed to his/her phone. In order for the User to benefit from the services offered in the application, the User may be requested to provide at least one valid payment method (credit Vehicled, 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 accurate, complete and up-to-date information in his/her account. In case of providing information that is not accurate, complete and up-to-date, such as a payment instrument that is not accepted or whose validity date has expired, the User's access to and use of the Services may be blocked, and legal action may be taken against him/her within the scope of suspicion of fraud and the damage caused to MARTI may be claimed.
4.7. The User is responsible for providing the data network access required to use the Services. Mobile network data may be used if the User accesses or uses the Services from a device with wireless internet access. In the event that mobile network data is used, it is the
User's responsibility to provide and keep up to date updates with the appropriate software and devices required for access and use of the
Services and mobile application. MARTI does not guarantee that the mobile application or any part of it that enables the provision of the Services will work with a specific software and device. Failures and/or delays may occur in the Services depending on the use of internet and electronic communication.
4.8. The User is solely responsible for all terms and conditions set forth herein. When the User activates a Vehicle in the User's region through your Account in the MARTI application, this Vehicle must be used only by the Account holder User. If it is detected that the Vehicle is used by a person other than the Account holder User, the Account may be closed by MARTI and a fine may also be imposed. The User who travels using the TAG service may travel with other persons, regardless of whether he/she is a User or not, provided that the User who shares a vehicle and the User who shares a vehicle agree on this issue, taking into account the conditions of the Vehicle subject to TAG service. In any case, the sanctions to be imposed by MARTI, such as restrictions to be imposed on the User account that may arise from the TAG journey, suspension of the account, closure of the account, will only be applied on the User account that provides the Journey sharing.
4.9. The User agrees and undertakes that he/she has the necessary competence to drive the Vehicle or to travel with the Vehicle, that he/she has no disability that may harm himself/herself and/or the public while driving the Vehicle and/or travelling with the Vehicle subject to TAG service, including but not limited to protective headgear (helmet), protective goggles that will protect the eyes against external influences or will not interfere with vision, clothing with reflective markings for night driving, and that he/she has no disability that may harm himself/herself and/or the public while driving the Vehicle and/or travelling with the Vehicle subject to TAG service, taking into account the characteristics of the Vehicle. The User accepts and undertakes that he/she is familiar with the use of the Vehicle and/or travelling with the Vehicle subject to TAG service and that he/she is physically sufficient to use the Vehicle and/or travel with the Vehicle subject to TAG service. By accepting to use the Vehicle and/or travelling with the Vehicle subject to TAG service, the User accepts all responsibilities and risks that may arise from personal injuries, 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 it dangerous to operate and/or use a Vehicle. The User is required to adjust his/her driving behaviour and braking distance while driving according to external factors such as weather, visibility, environmental factors (slope, uneven ground, etc.) and traffic conditions. The User accepts that he/she shall be solely responsible in the event that the Vehicle goes out of control, the features of the Vehicle become reduced/ineffective and/or the braking mechanism fails to provide sufficient effect by failing to take adequate precautions that can be expected from an average person about such factors and factors and/or failing to pay due attention and/or failing to take necessary actions to prevent the realisation of any foreseeable danger of damage. The User acknowledges that the electronic braking mechanism available in some Vehicle models is designed as an additional measure to reduce the speed of the Vehicle travelling under standard (flat, slope-free and dry) road conditions and exceeding the specified speed limit by activating automatically or to prevent the increase of speed and to provide an audible warning to the User in case of exceeding the speed limit, and that acceleration is expected due to the laws of physics and/or (excessive speed, It recognises that in cases where adverse external factors (such as slope, uneven road, slippery ground, excess weight) affect the effectiveness of the brake, it may not affect the speed of the Vehicle sufficiently or at all.
4.10. While using the Services, the User accepts that he/she is personally responsible for complying with all legal regulations in force regarding the use of vehicles and ride sharing with the Vehicle subject to TAG service, such as, but not limited to, driving on roads and sidewalks reserved for pedestrians, driving without a helmet or without the necessary driving licence, and all rules determined by law and practice for MARTI Scooters, MARTI Mopeds and MARTI Mopeds, and undertakes that he/she will make the Rental and/or TAG ride sharing journey 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 may cause 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 acknowledges that TAG Vehicles are not available 24 hours a day, 7 days a week and 365 days a year for hire, reservation, calls, including travelling with TAG Vehicles. The total number of vehicles is limited and vehicle availability is never guaranteed. MARTI has the right to limit the booking period and/or TAG Vehicle calls at any time. In case MARTI limits the booking period and/or TAG Vehicle calls, the User will be notified before the booking process within the application. MARTI reserves the right to cancel the reservation made by the User or TAG Vehicle calls at any time and without giving any reason. If the reservation is cancelled by MARTI for operational reasons, no service fee will be charged to the User. If the reservation is cancelled due to the "reservation time limit exceeding the reservation time limit" determined by MARTI, the User will be charged the reservation fee that has been processed until that moment. In the event that the reservation is cancelled by the User from within the application, the User has consented to the collection of the reservation fee incurred until the moment of cancellation from the credit card.
4.12. The User accepts that he/she can use the Vehicle only in the areas that are suitable for use and appear active on the application (light coloured area within the green borders), the other areas are closed for use, and the areas marked in red on the application during the journey are no parking areas. The User accepts, declares and undertakes to pay to MARTI the penal clause fee set out in the Agreement and/or the additional operation cost that will arise due to the collection of the Vehicle from the area that is not suitable for use in case of any behaviour that violates the rule set out in this article.
4.13. The User is obliged to follow and know the rules regarding the use of the Vehicle and/or travelling with the Vehicle subject to TAG service. In accordance with the relevant legislation, the User is solely responsible for using the necessary equipment for safe driving and/or travelling with the Vehicle subject to TAG service, including but not limited to a protective helmet, protective goggles that will protect the eyes against external influences or will not interfere with vision, clothing with reflective markings for night driving, taking into account the characteristics of the Vehicle.
4.14. The User has accepted the consequences that may occur as a result of all incorrect or unlawful use, accidents that may result in injury or death, claims, demands, damages, losses, all kinds of legal and criminal liability, costs and judicial expenses, attorney's fees, regardless of whether it can be known or unknowable, foreseeable or unforeseeable that it may occur during the use of the Services. In the event that the minor benefits from the
Services offered by MARTI and / or damages MARTI in violation of the rules of the Agreement, the criminal liability of the minor may be applied, as well as all kinds of costs, damages and expenses may be recourse to the parent and / or guardian.
4.15. Vehicles subject to the services provided by MARTI to the User are electric vehicles whose battery needs to be charged periodically in order to operate. The User acknowledges that the Vehicle is an electric vehicle and agrees to use the Vehicle in a safe and prudent manner in light of all limitations and requirements related thereto.
4.16. The amount of charge of the Vehicle will decrease depending on usage (both road and time dependent), and as the charging power of the Vehicle decreases, the speed and other optional features of the Vehicle may also decrease (or cease altogether).
4.17. The charging power level of the Vehicle rented by the User is not guaranteed at the time of starting the rental or operation of the Vehicle and may change during each rental. Such charge level limits may vary depending on the device and Vehicle model. There may be a difference between the charging power of the booked Vehicle during use and the charging power at the time of booking instruction.
4.18. The rate of loss of charging power during the use of the Vehicle is not guaranteed by MARTI and may vary depending on the Vehicle, road conditions, weather and other factors. Likewise, the distance and/or time that the User can use the Vehicle before it loses its electric mobility is not guaranteed by MARTI.
4.19 In the event that the Vehicle's charge level decreases during the rental, a notification will be sent to the User via the application and the User will be warned to end his/her journey or switch to another Vehicle. Failure to comply with this warning will result in complete depletion of the Vehicle's charge and the User must park the Vehicle as soon as possible. If the device on which the User's Account is in use runs out of charge during the journey, the User must log in to his/her active Account from another device within 10 (ten) minutes and end the ride. Otherwise, since the User cannot be reached by MARTI, procedures and sanctions regarding theft may be applied against the User.
4.20. The User is obliged to immediately notify MARTI of any accident, collision, damage, personal injury, stolen or lost Vehicle, any negativity related to his/her journey with the vehicle subject to TAG service. If the accident has caused personal injury, damage to private or public property or theft of the Vehicle, the User is also obliged to report the situation to the competent authorities as soon as possible. The User accepts that he/she shall be liable for all kinds of legal and criminal liabilities including but not limited to any failure of use, damages and losses, claims and demands, costs and expenses, penalties, attorney's fees and judgement expenses arising out of the stolen Vehicle.
4.21. The user agrees to comply with the following rules in addition to traffic rules for a safe driving and TAG journey:
a. During the journey (including travelling with the Vehicle subject to TAG service), carrying any handbag, backpack or any other item may damage the operational safety and driving safety of the Vehicle or may disturb the balance of the Vehicle. 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 does not interfere with your qualifications for the use of the Vehicle or travelling with the Vehicle subject to TAG service.
b. Heavy bags or similar heavy items must not be placed on the handlebars of the vehicle.
c. The User shall not use a mobile phone, tablet, portable music player or any other device that may distract or reduce sensitivity to environmental factors while using the Vehicle or travelling.
d. Under no circumstances shall the User drive the Vehicle and/or travel with the Vehicle subject to TAG service while under the influence of alcohol, drugs, medication, narcotics or any other substance that may interfere with their ability to travel safely.
e. It is strictly forbidden to carry any second person or child in the vehicles subject to micromobility car rental and the motorbike vehicle subject to TAG service. The user knows that these vehicles cannot be travelled with more passengers than their capacity and agrees not to offer or insist on this issue.
f. MARTI Scooter must be locked at the end of the journey, MARTI Moped and MARTI Scooter must be parked in a safe place and the journey must be terminated. Otherwise, the journey will continue and the journey fee will continue to be collected from the User (The helmet provided with the MARTI Scooter must be locked by placing it in its place at the end of the journey, if the helmet is not locked correctly, it will be interpreted as continuing the journey and the journey fee will continue to be collected from the User). Any public order disturbance, security vulnerability and any damage that MARTI may incur due to the failure to end the journey shall be borne by the User. In case the User has a problem with the lock mechanism, MARTI should be contacted directly. MARTI will provide the solution of the problem in case of a problem caused by itself and the User will not be charged a fee during this process. Only the locking and parking mechanisms provided by MARTI should be used. The User's locking/parking the Vehicle in any way other than the aforementioned method or with a different lock without a situation such as an emergency concern regarding security is of the same nature as if the Vehicle is not locked/parked, and the User shall compensate all damages arising from this violation.
g. The vehicle must be parked in a suitable place within the area of use, in such a way that it does not in any way obstruct public order, pedestrian and vehicle traffic and disabled roads and signs, by locking it with the outrigger opened.
h. The Vehicle shall not be parked on any unapproved private property, in an area closed to the public, in a locked area or in any other private area. Furthermore, the Vehicle shall not be parked in a high traffic area and/or on a driveway and/or garage entrance/exit road, which may pose a danger of tipping over. In the event that the User parks the Vehicle in an unapproved private property, a locked area or any private area other than these in violation of the specified rules, in an area that poses a risk of safety or physical damage to the Vehicle, the User shall pay to MARTI the penal clause fee set out in the Agreement and/or the additional operation cost arising from the collection of the Vehicle from the area unsuitable for use and the penalty and compensation amounts to be paid to third parties outside the Agreement.
i. The User agrees not to use the Vehicle for racing, mountain driving, acrobatics or similar specialised driving. The User agrees not to use the Vehicle on a dirt road, water-covered area (in a way that prevents normal driving) or in any prohibited, illegal, disturbing area. The User agrees not to use the Vehicle for a reward or hire purpose, or to violate any law, rule or regulation.
j. When using the Vehicle, the User must not exceed the maximum weight limit of 100 kilograms for MARTI Scooter and 150 kilograms for MARTI Moped and MARTI Mobilet.
k. It is forbidden for the User to take public transport or private vehicles with the Vehicle.
l. Heavy bags or similar heavy items should not be placed on the handlebars of the MARTI Scooter, the helmet bag of the MARTI Moped, the front section of the MARTI Mobilet.
m. The User shall use the Vehicle subject to the micro mobility car hire service alone and shall never drive with another passenger. The Vehicles subject to the micro mobility vehicle rental service are designed to be used alone and MARTI shall not be responsible for any accident, malfunction, etc. that may occur if the User drives with another person.
4.22. MARTI pays attention to the feedback received from its users and uses them to improve its services. Users are encouraged to seek solutions by contacting MARTI directly regarding to any dissatisfaction, and in return, User agrees to refrain from unfairly feedbacks, spreading false information about MARTI. User agrees that MARTI reserves its legal rights in the event that User makes untrue or misleading statements about MARTI on any platform, creates complaints against MARTI or encourages such actions. In such cases, MARTI may take legal action to compensate the damages caused by User and to protect its reputation.
5. Fees and Payment
5.1. Fees may vary depending on the city, location, vehicle model to be used and/or time of the User during use, and the fee determined in this way will be presented to the User's information in the mobile application before starting to use. The User may use the Vehicle within the framework of the fees per each ride or the prices announced in the mobile application. In any case, fares and other expenses are subject to applicable taxes and other local charges and the entire amount will be collected by MARTI. The User is aware that the fees for rides and reservations, damages, repair costs, loss of turnover, operation expenses and penal clause fees regulated in Article 18 of the Agreement titled "Penalties" arising from the violation of the Agreement and/or laws by the User, may be collected directly by the payment method (credit card, debit card, prepaid card or any other accepted payment method) added to the application without the need for prior notification in case of detection of the relevant violation by MARTI and it is accepted that he/she consents to this issue the moment he/she starts using the services.
5.2. MARTI may, at its sole discretion, create promotional codes ("Promo Codes") that may substitute discounts, other features or privileges related to the services and are subject to additional provisions to be determined by MARTI for each of them individually. Promo Codes are one-time offers and can only be used through the Mobile Application. Promo Codes; (i) must be used in accordance with the law for the planned purposes, (ii) may not be copied, sold, transferred in any way, made publicly available, unless expressly stated by MARTI, (iii) may be invalidated by MARTI for any reason at any time without any liability of MARTI, (iv) may be redeemed in accordance with the specific terms MARTI has set forth for each Promo Code, (v) are not a cash substitute, (vi) may expire prior to your use, (vii) MARTI may apply Promo Codes as an offer to all Users or as an individual offer to specific Users/User. MARTI reserves the right to update or cancel Promo Codes. Promo 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 may rent the Vehicle again later. The User is aware of the time 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 not returned within 24 hours (locked and driving completed - there is no locking obligation for Vehicles without locks) will be considered as lost or stolen and the penalty fee for this behaviour is specified in Article 18.
5.4 The User who registers to use the Services must provide a valid credit card or prepaid card information with expiry date. The User agrees that any credit card, debit card or prepaid card provided to MARTI shall be used by MARTI and/or an electronic money payment institution contracted by MARTI for collection purposes only. The user authorises MARTI to collect all fee items created by him/her and the items listed in article 5.1. from the payment instrument he/she declares. In case the payment cannot be made due to any problem or insufficient balance in credit cards or prepaid cards, payment will be requested from the User by loading the card or by introducing another card with a limit to the system. In case the User refrains from making payment, MARTI reserves the right to apply for legal remedies.
5.5. If the User wishes to dispute a charge on his/her credit card, debit card or prepaid card, he/she must notify MARTI in writing within 5 days before the end of that month and provide MARTI with all relevant information such as the date of the ride and the approximate start and end times of the ride in question. The User agrees to notify MARTI immediately of any changes to the card details. MARTI accepts no responsibility for card theft not caused by MARTI.
5.6. MARTI may offer the User a discounted ride termination option within the Incentivised Parking Zone system. If the User is near the Incentivised Parking Zone at the time of the start of the rental, the zones will be shown to the User as marked on the rental screen specifically for this ride and the User will receive a discount in case of parking in the said zone at the end of the ride. These Discounted Parking Zones may vary at the start of each individual journey. Discount rates in the zones within the Discounted Parking Zone system may vary and MARTI reserves the right to switch off the discount system depending on the capacity of the zone.
5.7 For the avoidance of any doubt; the charges made by MARTI will only be made for the vehicles subject to micro mobility car rental services (all Vehicles offered for rental including but not limited to MARTI Scooter, MARTI Moped, MARTI Mobility Scooter) and no payment is requested from the User by MARTI for the journeys to be made with the Vehicles subject to the TAG service, which is based on recall transport.No payment is requested from the User by MARTI.
6. PROPERTY AND SOFTWARE
6.1 The User acknowledges that the Vehicle, the MARTI application and any MARTI equipment referred to herein are, at all times, the exclusive property of MARTI. The User must not dismantle, inscribe or alter, repair or vandalise the Vehicle, any part of the Vehicle or any equipment of MARTI. The labels on the Vehicle must not be scratched, peeled, altered or removed. Your use of the Services does not entitle you 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 case of theft and/or damage, the ownership of the Vehicle and/or the part subject to damage shall not be transferred to the User/Suspect in return for the damages collected from the User.
6.2 The following is strictly prohibited:
(i) remove copyright, trade mark or other proprietary notices from any part of the Services or Vehicles;
(ii) reproduce, modify or prepare derivative works based on, distribute, licence, lease, rent, sell, resell, transfer, make available to the public, make available to the public, release, publish or otherwise misuse the Services, unless expressly permitted by MARTI;
(iii) decompiling, reverse engineering or disassembling the Services, except to the extent permitted by applicable law; (iv) matching, twinning or framing any part of the Services;
(v) Initiate or use any programme or code that excessively burdens or interferes with the operation or function of the Services, whether for the purpose of digging, indexing, searching or otherwise data mining or otherwise;
(vi) Any attempt to gain unauthorised access to or disrupt the Services, related systems or networks.
7. Additional Conditions Of Use
7.1 Safety Check
Before each use of the Vehicle, the User must carry out the basic safety checks listed in this article: (i) the soundness of the tyres; (ii) the safe operation of all brakes and lights; (iii) the fitness of the vehicle's crew; (iv) sufficient charging power; and (v) any signs of damage, unusual and excessive wear, or other obvious mechanical problems/maintenance requirements. The User agrees not to use the Vehicle in the event of any conspicuous condition and to notify MARTI customer service immediately.
7.2 Lost or Stolen Vehicle
A Vehicle is considered lost or stolen if (a) the GPS unit is disabled, (b) it is parked, even by locking, in an unauthorised private property, a locked area or any publicly accessible area for more than 10 minutes after the end of the journey, (c) it is moved by an unauthorised third party or any other User who is not on any journey, or (e) circumstances occur where MARTI may consider the Vehicle to be stolen. Unless reasonable grounds are put forward, the User and MARTI agree that the responsibility for lost or stolen Vehicles lies with the last User who completed a journey with that Vehicle. If MARTI assumes that a Vehicle has been stolen or lost, MARTI may take any action (with the knowledge of the end user of the Vehicle or unless otherwise stated), including but not limited to obtaining restitution and other appropriate penalty fees and/or compensation and notification to the relevant authorities. The User agrees to notify MARTI of the loss or theft of the Vehicle as quickly as possible. The parties agree that the information in MARTI's database shall constitute binding and conclusive evidence in a possible dispute and shall be conclusive evidence in accordance with Article 193 of the CCP. They accept and undertake that it will be conclusive evidence in accordance with Article 193.
7.3 Driving Safety
In accordance with the relevant legislation, it is the sole responsibility of the User to use the necessary equipment for safe driving, including but not limited to protective headgear (helmet), goggles that will protect the eyes against external influences or will not interfere with vision, clothing with reflective markings for night driving, taking into account the specificity of the Vehicle. MARTI recommends that all Users wear a protective helmet (readily available specific to the MARTI Scooter) that is suitable for their body size, fits properly and is fastened according to the manufacturer's recommendations. The User agrees that MARTI shall not be liable for any injury that occurs while using the Services, except in cases arising from a technical defect detected by MARTI in the Vehicle, whether or not the User is wearing the above-mentioned protective equipment, especially the helmet, during any accident. The User assumes all risk of not wearing protective headgear or protective equipment. The User may require additional safety precautions or warnings not expressly stated in this Agreement.
7.4 Vehicle Route
The User acknowledges that MARTI does not provide a route or area for using the Vehicle and MARTI never guarantees the safety of the area where the journey is made. Roads, pavements, vehicle lanes and vehicle routes may be dangerous for the journey due to weather, traffic or other risks.
7.5 Service Related Limitations
The User acknowledges that MARTI is not a carrier of any kind. Alternative private and public transport options, including public transport, taxis and walkways, are available to the public and to the User. MARTI offers the Vehicles only as an alternative and this service is intended to be used only by persons who can use the Vehicle on their own and who have accepted all the terms and conditions of this Agreement.
7.6 Limitations on the Use of the Service
MARTI makes every effort to ensure that the Services are available 365 days a year; however, MARTI does not guarantee that these Services will always be available if force majeure, unforeseen events or other circumstances prevent this. Access to the Services also depends on the availability of the Vehicles. MARTI does not guarantee the availability of the Services and Vehicles at all times. The User agrees that MARTI may recall the Vehicle at any time.
MARTI has mapped certain zones for the Vehicles made available to the User. These regions and their characteristics and warnings/warning methods regarding these characteristics are explained above. If the User does not take these warnings into consideration, the security measures on the Vehicle are activated and the Vehicle transitions to stolen status. In this case, "Sanctions Regarding Lost/Stolen" shall be applied to the User by MARTI.
8. Confidentiality and Protection of Personal Data
MARTI agrees that it will protect Users' confidential information with no less than reasonable diligence, taking the same precautions it takes to protect and preserve its own confidentiality, and will limit it to authorised institutions and employees (including its own employees) who have an absolute need to know the information.
MARTI processes the personal data of the Users in accordance with the Law No. 6698 on the Protection of Personal Data ("KVKK") and information on the processing of personal data is provided to the Users in the Clarification Text.
9. Waiver and Limitation of Liability
YOU AGREE THAT YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
MARTI shall not be liable for any indirect, incidental, special, exemplary, exemplary, punitive or consequential damages, including loss of profits, loss of data, personal injury and property damage, arising out of or in any way connected with the use of the services, even if MARTI has been advised of the possibility of such damages. Even if MARTI has been advised of the possibility of such damages, MARTI shall not be liable for any damage, liability or loss arising from: (i) your use of, reliance on, or disruption of your access to or use of the services; (ii) delays or failures in performance caused by causes beyond MARTI's reasonable control.
The User is aware that using any Service, Vehicle and related equipment carries visible and invisible risks and dangers such as injury, death of the User, damage to property and that these risks cannot always be predicted and foreseen.
The User is personally and solely responsible for the safe operation of the Vehicle at all times. The User acknowledges that the Vehicle, even if recently serviced, may break down and that such breakdowns may cause accidents. The User assumes full responsibility for all related risks and hazards.
10. Dispute Resolution
Turkish Law shall be applicable for the settlement of all disputes arising under this Agreement and Istanbul Central (Çağlayan) Courts and Enforcement Offices shall be competent.
11. Evidence Contract
The Parties accept, declare and undertake that MARTI's commercial books and records, computer records, electronic and system records kept in its database and servers, commercial messages, instant messaging applications correspondence, e-mails, social media correspondence will constitute binding, valid, conclusive and exclusive evidence in any disputes that may arise from this Agreement and that they are in the nature of a conclusive evidence contract.
12. Waiver and Severability
The failure of either Party to exercise or enforce any right granted to it in the Agreement shall not constitute a waiver of such right or prevent the subsequent exercise or enforcement of such right. The invalidity, illegality or unenforceability of any provision of this Agreement or any statement contained herein shall not affect the force and effect of the remaining provisions of the Agreement.
13. Interpretation of the Convention
The headings of articles in this Convention shall not affect its interpretation. The word "or" shall have no meaning other than its ordinary meaning. The word "including" means "including but not limited to". Unless the context requires otherwise, each word in the singular number or plural number refers to the singular number or plural number. All pronouns include masculine, feminine and genderless pronoun forms.
14. Voluntary Conclusion of the Contract
This Agreement is voluntary and does not involve any coercion or undue influence on behalf of MARTI. The User irrevocably accepts, declares and undertakes that (a) he/she has read this Agreement; (b) understands the terms and sanctions of the Agreement; and (c) is fully aware of its legal and binding effects.
15. Termination
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The parties may 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
destek@marti.tech if he/she wants this
matter to be recorded in MARTI's records. If the User terminates this
Agreement, he/she must immediately stop using the services offered by
MARTI.
16. Notifications
MARTI may notify as a general notification through the Services, by sending an e-mail to the User's e-mail address, via the mobile application or in writing to the User's electronic address specified in the User's Account and/or in writing and/or verbally to the telephone number.
17. User Acceptance Declaration
I confirm that I have read and expressly accept the terms and conditions in this Agreement; I acknowledge the limitation of my legal rights and remedies under the Waiver and Limitation of Liability. I acknowledge that I have given my consent to this Agreement, I am aware of the full and unconditional waiver of all my obligations to the extent permitted by law. I represent and warrant that I am familiar with the use of the Vehicle and that I am reasonably competent and physically fit to drive the Vehicle.
I hereby confirm that I am 15 years old for renting MARTI Scooters and MARTI Mobilets and 18 years old or older for renting MARTI Mopeds, that I will take the safety measures required by the rules, that I will not ride the Vehicle with another passenger, that I will obey all traffic rules, and that I will use the Vehicle by accepting all risks. By approving this Agreement, I hereby irrevocably accept, declare and undertake that I have read, understood and accepted the terms and conditions specified in this Agreement with my access and use of the Services.
18. PENALTIES
As explained in Article 7.5 of the Distance Car Rental Agreement, the User is responsible for the damages caused by the fines written on the number plate of MARTI Moped and MARTI Mobilet and notified to MARTI by the competent authorities upon the violation of the relevant articles of the Highway Traffic Law No. 2918. MARTI, in case it receives the penalty notification, will collect the penalty amount from the User's registered credit card following the determination of the User responsible for the violation by determining the date and time of the action subject to the violation of the Vehicle subject to the penalty, and the User accepts, declares and undertakes that he / she will not raise an objection in this regard. In the event that the User acts in violation of the rules and laws regulated in this Agreement and/or communicated via the mobile application, MARTI will collect the following amounts from the User as a penalty fee. MARTI reserves the right to claim for damages exceeding the penalty fee.
· Damages arising from the User in the vehicle; Repair cost up to TRY 50.000 for Marti Scooter, up to TRY 75.000 for Marti Moped and Marti Mobilet
· Theft; Marti Scooter cost TRY 50.000, Marti Moped and Marti Mobilet cost TRY 75.000
· Driving Marti Moped without wearing helmet; TRY 450
· At the end of the rental, if the helmet is not placed in the place where it should be placed after use, and it is not found on the Martı Moped; TRY 1000
· Parking Marti Scooter in violation of the parking rules (Short mast, fire hydrant, pontoon, median, shutter, garbage container, locking Marti Scooter to itself); TRY 250
· Parking the Vehicle on handicapped roads TRY 470
· Parking Marti Mobilet and Marti Moped in violation of Article 61 of the Highway Traffic Law No. 2918 titled "Places and Conditions where Parking is Prohibited" (Parking in places where stopping on the vehicle road is prohibited, parking in places where parking is prohibited by traffic signs, parking on sidewalks, pedestrian crossings and bus stops, parking on crossing roads, parking on underpasses, overpasses and bridges, etc.); TRY 470
· Parking the Vehicle on non-public or private property; TRY 600
· Parking the Vehicle in areas designated as prohibited in the mobile application (shown in red in the application) and/or driving outside the designated area and/or parking outside the designated area (shown in gray in the application); TRY 470
· Taking photos at the end of the ride as against the rule three times in a row; TRY 200
· Leaving Marti Scooter's lock open; TRY 250
· Using the Vehicle by someone other than the account holder or providing false information about the User Account; Up to TRY
· 300 for Marti Scooter, up to TRY 600 for Marti Mobilet and Marti Moped,
· Getting on public transport with the Vehicle; TRY 1200
· Exceeding the maximum lease duration; Up to TRY 500
· 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; TRY 500
· If the vehicle is lost (i.e. in case of falling into the sea); TRY 50.000 for Marti Scooter, TRY 75.000 for Marti Moped and Marti Mobilet
The collection of the penalty fees regulated 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 that may arise from the User's violation of the Agreement and / or laws.
If the user thinks that an erroneous determination has been made, the
user should send an e-mail to
destek@marti.tech with an explanatory
text.
TAG (TEK ARAÇLA GIDELIM) - ROUTE SHARER CONDITIONS OF USE
1. Terms of Use
1.1. Scope and definitions
These Terms of Use are hereby made under the name of MARTI İleri Teknoloji Anonim Şirketi (hereinafter referred to as "MARTI"),whoseregistered office is located at Büyükdere Caddesi Üçyol Mevkii Noramin İş Merkezi No:237/5, 34398 Sarıyer, İstanbul, registered with the Istanbul Trade Registry Directorate under the registration number 166213-5 and whose trade name is MARTI İleri Teknoloji Anonim Şirketi (hereinafter referred to as "MARTI").("MARTI" hereinafter referred to as "MARTI"), which operates simultaneously with the Tek Araçla Gidelim ("TAG") service offered by MARTI's mobile application ("MARTI Mobile Application") through the mobile application named TAG Paylaşımı ("Mobile Application").
Defined Terms:
Vehicle means any vehicle eligible for Route Sharing, including but not limited to passenger cars and motorcycles, which the Car Sharer will make available for Route Sharing via the Mobile Application.
Vehicle Sharer means the real person who uses the Mobile Application for the purpose of sharing a Journey with a Route Sharer and who will make a Journey together with the Route Sharer from a certain place to a certain destination at a certain time in return for the Journey Sharing Amount offered by the Route Sharer without any profit motive.
Route Sharing refers to the sharing of Vehicles by performing the said Journey in return for the Journey Sharing Amount, which corresponds to a nominal portion of the cost of the Journey, in which the Route Sharer and the Vehicle Sharer are matched as a result of the acceptance of the requests submitted by the Route Sharer in order to perform the Journey through the Mobile Application by the Vehicle Sharer.
TAG refers to the Route Sharing services provided by MARTI as a service provider and offered through the Mobile Application.
Service refers to the services provided to the Vehicle Sharer and Route Sharer as a service provider through the Mobile Application and MARTI Mobile Application.
Terms or Terms of Use refers to these terms and conditions of use.
User refers to the end user who wishes to use the MARTI mobile application to benefit from the Services offered by MARTI.
User Account refers to the MARTI Mobile Application account opened by a Route Sharer and used to access the Services offered by MARTI as a service provider.
MARTI Mobile Application: It refers to the mobile application developed by MARTI that offers the service of renting micro mobility vehicles.
Agreement It refers to the MARTI User Agreement.
Journey Sharing Amount refers to the amount calculated by the Mobile Application and proposed to the Vehicle Sharer and freely determined by the Vehicle Sharer in return for a small portion of the cost of the journey to be made by the Car Sharer for the journey and to be paid to the Vehicle Sharer in cash and in lump sum, without any profit motive, in order to support the cost of the journey of the Vehicle Sharer.
Journey refers to the Journeys in which the Route Sharer and the Vehicle Sharer agree to Route Share in order to reach a specific destination from a specific origin point via the Mobile Application.
Route Sharer refers to the real persons who access the Vehicle Sharer via MARTI Mobile Application and perform a certain Journey together with the Vehicle Sharer in return for the Journey Sharing Amount, where the Vehicle Sharer makes a small contribution to the travel expenses incurred by the Vehicle Sharer for the Journey for the purpose of Route Sharing.
The plural meaning of the terms defined in these Terms shall have the singular meaning and the singular meaning shall have the plural meaning.
1.2. Acceptance of the Terms and Conditions
The Route Sharer fully accepts these Terms and Conditions by ticking the box "I have read and accept the User Agreement" in the Mobile Application.
Access to the Services will not be permitted unless the Terms are accepted. No Route Sharer is entitled to accept the Terms in part. Each
Route Sharer agrees to comply with the conditions to be determined by MARTI and to provide information and documents requested by MARTI if necessary.
MARTI reserves the right to suspend and/or cancel the User Account of the relevant Route Sharer and the Services provided to the relevant Route Sharer without any notice to the Route Sharer in the event that any Route Sharer fails to comply with any of the provisions of the Terms of Use. In addition to these, Route Sharer declares, accepts and undertakes that a penal clause of 2.000 (two thousand) TL may be imposed in case of detection of the behaviour of Route Sharer specified in Article 2.4/f of these Terms of Use, that the penal clause in question may be collected from Route Sharer's credit registered in the system and that it will have no objection in this regard.
1.3. Changes to the Terms, Mobile Application and Service
MARTI reserves the right to change the Terms at any time. Any changes to the Services or the Terms and Conditions will become effective upon the publication of the relevant changes on the Mobile Application. In addition, MARTI may make changes or modifications to the Services offered through the Mobile Application, the functions and/or interface of the Mobile Application at any time, without notice and without any liability to the Route Sharer.
The Route Sharer shall be deemed to have accepted these amended Terms if they use the Services offered through the MARTI Mobile Application after the publication of the amended Terms.
2. Use of the Service
2.1. User Account and Accuracy of Information
Each Route Sharer must create a User Account in order to use the Services and agrees to provide the information requested by MARTI through the MARTI Mobile Application in an accurate, complete and up-to-date manner for the proper provision of the Services. Route Sharers accept that all of the information they provide to MARTI when creating a User Account and at various times is accurate and complete. Route Sharers also agree that all information submitted to MARTI or sent to MARTI Mobile Application regarding any Journey, Vehicle or Route Sharing shall also be true, accurate and complete.
MARTI shall not be liable to any Vehicle Sharer and/or Route Sharer in relation to any incomplete, false, misleading or fraudulent information provided by the Route Sharer. In order to use the TAG, the Route Sharer must be at least 16 years old.
Unless otherwise expressly agreed by MARTI, Route Sharers will be able to obtain a single User Account per person. User Accounts cannot be created in the name of another person or by impersonating another person.
2.2 Non-Commercial Activities and Status of MARTI
No Commercial Activity
These Services offered by the MARTI Mobile Application are limited to the provision of Services for the Vehicle Sharer and Route Sharer to share a Journey by acting in a private capacity. The Services may not be used to offer or accept Route 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 a small portion of the cost of the Vehicle Sharer's Journey with the Journey Sharing Amount. This applies to all activities, arrangements and Services utilised by using the MARTI Mobile Application and the Mobile Application and any other additional services or activities that may be agreed between the Vehicle Sharer and the Route Sharer.
The Route Sharer may not, and the Vehicle Sharer may not accept or request any additional activities for profit or gain, including, without limitation, package delivery, etc., to any Vehicle Sharer.
The starting points and destinations of all Journeys must be agreed in advance via the MARTI Mobile Application. The Route Sharer cannot meet the Vehicle Sharer from any location that has not been agreed in advance with the Vehicle Sharer via the MARTI Mobile Application.
MARTI shall have no liability for any breach of any agreement between Route Sharers and Vehicle Sharers or for any breach of these Terms by any Vehicle Sharer, including where any Vehicle Sharer offers Services through the MARTI Mobile Application for professional or commercial purposes (in breach of these Terms). It is the responsibility of the Route Sharer and the Vehicle Sharer to exercise prudence in ensuring that the Services are not offered for commercial purposes.
Status of the MARTI
MARTI does not provide any transport service through the Mobile Application. The Mobile Application is an environmental and social solidarity platform that enables Route Sharers to make Journeys with Vehicle Sharers. MARTI does not intervene in Journeys, destinations, Journey Sharing Amount or timings. MARTI does not receive any commission from Route Sharing and does not provide this platform for commercial or professional use. Route Sharing is negotiated between the Route Sharer and the Vehicle Sharer. MARTI is not a party to any agreement between the Route Sharer and the Vehicle Sharer under any name and name. MARTI is not or will not act as the representative of any Route Sharer and/or Vehicle Sharer. Any breach of these Terms will result in the immediate suspension of the relevant Route Sharer's User Account, in which case the relevant Route Sharer's access to any and all Services will be restricted.
2.3 Payment
MARTI is a free service that only allows the Route Sharer and the Vehicle Sharer to communicate with each other via the MARTI Mobile Application to organise a Route Share. For the avoidance of doubt, the Services shall in no way be construed to include the provision of transport services, payment brokerage services, credit card storage services.
The service provided by MARTI is free of charge. The Route Sharer will communicate with the Vehicle Sharer through the Mobile
Application used by the Vehicle Sharer, which runs simultaneously with the MARTI Mobile Application, in order to organise a Route Share and to plan the conditions of the Journey, and the Route Sharer's addressee in these matters will be exclusively the relevant Vehicle Sharer.
The Service is operated exclusively by the Route Sharer and the Vehicle Sharer.
MARTI reserves the right to make changes to any aspect of the MARTI Mobile Application or the Services, including adding new services or withdrawing services.
2.4 Obligations of the Route Sharer
Each User on the
MARTI Mobile Application will be entitled to use the TAG service of the MARTI Mobile Application and become a Route Sharer if he/she uses the services related to the rental of micro mobility vehicles, which are the subject of the Agreement, by performing a certain number of rides. The User who does not perform a certain number of rides cannot benefit from TAG.
Route Sharer;
a. at least 16 years old,
b. that they will be at the agreed place at the agreed time with the Vehicle Sharer,
c. immediately inform the Vehicle Sharer of any changes to the Journey,
d. not pay the Vehicle Sharer any amount other than the Journey Sharing Amount, to which the Vehicle Sharer will contribute a small portion of the cost of the journey, and in no event facilitate the generation of profit through the Services,
1. MARTI shall in no way be liable to the Vehicle Sharer or Route Sharer; accordingly, they shall have no recourse rights to
MARTI for any loss or damage that may arise from the use of Route Sharing, Services and/or Mobile Application,
2. During the Journey, he/she is personally liable to refrain from actions that may disturb or harm the Vehicle Sharer or third parties, to act in a way that may affect driving safety, to use violence, to threaten and/or not to act in a way that may cause property damage, to show courtesy and respect to everyone while using the Services,
3. During the Journey, he/she is obliged to wear a helmet for motorcycles and a seat belt for automobiles, he/she will never drive without a helmet, he/she will notify MARTI of the information of the Vehicle Sharer who does not have a helmet, he/she is personally responsible for complying with all legal regulations in force and all rules determined in practice, including but not limited to wearing a helmet or seat belt, and the Vehicle Sharer will not encourage the violation of the rules, if necessary, it will warn the Vehicle Sharer to comply with speed limits and all other rules, that it is aware that it cannot travel with more passengers than the capacity of the vehicle travelling and that it will not offer and insist on this issue, that MARTI only provides TAG Vehicle sharing platform services, that it cannot guarantee the safety of the Journey, and that all responsibility in this regard will belong to the Vehicle Sharer and Route Sharer ,
4. If he/she cancels the Journey after matching for the Journey, he/she may be fined 20 Turkish Liras by MARTI,
accepts, declares and undertakes.
If a Route Sharer does not accept the change or changes, the Route Sharer will not pay the Ride Share Amount or compensation to the Vehicle Sharer or, if it has done so, is entitled to a full refund from the Vehicle Sharer.
The Route Sharer has an obligation to act punctually once a match has been made, but in any event, flexibility may be granted by the Vehicle Sharer to the Route Sharer for arrival at the meeting point, at the sole discretion of the parties.
Live Location Sharing: Share Your Trip feature presented by MARTI allows Route Sharers to share real-time location information with the people they specify during the journey. The link created using Share Your Trip feature can be shared with the third parties determined by the Route Sharer. Third parties can view information with this link such as the start and end points of the Journey, the current location of the Vehicle, the name of the Route Sharer and the estimated time of arrival.
The shared tracking link will be active for a certain period of time after it is created. After this period, the link will only redirect to the Martı
Mobile App or Apple Store/Play Store Martı Mobile App page. The Route Sharer agrees to share location information by using Share Your Trip feature and understands and agrees how this information will be used by the shared persons. Martı will not be held responsible for any unauthorised access or misuse that may arise from the sharing of the Route Sharer's location information and the Route Sharer hereby accepts this issue.
3. Responsibility
MARTI is not a party to any agreement between the Route Sharer and the Vehicle Sharer and is not liable to the
Route Sharer and the Vehicle Sharer or to third parties. MARTI's mission and responsibility is limited to bringing the Route Sharer and the
Vehicle Sharer into contact with each other for the purpose of Route Sharing, and MARTI accepts no liability for any breach by the Route Sharer or the Vehicle Sharer or their contractual and legal obligations as defined herein.
Consequently, to the MARTI;
Any false or incomplete information provided by the Vehicle Sharer and/or Route Sharer,
Cancellation of the Journey by the Vehicle Sharer or Route Sharer,
Non-payment of any Journey Sharing Amount,
Any fraudulent act, tortious act, misrepresentation or breach of duty by a Route Sharer or Vehicle Sharer before, during or after the Journey, or breach of any of these Conditions
No responsibility shall be attributed by any Route Sharer and/or Vehicle Sharer or third party for any loss, damage or loss that may arise from the use of the Services. By accepting these Terms and Conditions and using the Services, the Route Sharer and/or Vehicle Sharer accepts, declares and undertakes that MARTI is not responsible for the matters expressly stated above and in general in the Terms and
Conditions, and that no responsibility can be attributed to MARTI by third parties. For the avoidance of doubt, the Route Sharer and/or the Vehicle Sharer hereby acknowledge, declare and undertake that, without prejudice to and without prejudice to the other provisions set out in these Terms and Conditions, MARTI shall have the right of recourse against them for any and all amounts that MARTI may be obliged to pay to third parties under any name and name, and that they shall pay such amounts to MARTI at the first request without the need for notice.
MARTI pays attention to the feedback received from its users and uses them to improve its services. Vehicle Sharers and Route Sharers are encouraged to seek solutions by contacting MARTI directly regarding to any dissatisfaction, and in return, Vehicle Sharer agrees to refrain from unfairly feedbacks, spreading false information about MARTI. Route Sharer agrees that MARTI reserves its legal rights in the event that Route Sharer makes untrue or misleading statements about MARTI on any platform, creates complaints against MARTI or encourages such actions. In such cases, MARTI may take legal action to compensate the damages caused by Route Sharer and to protect its reputation.
MARTI shall not be liable to any Route Sharer and/or Vehicle Sharer and third parties as a result of the services provided by MARTI (regardless of whether such liability is incurred as a result of MARTI's negligence or otherwise), except in cases of gross negligence as set out in Article 115 of the Turkish Code of Obligations (non-liability agreement).
4. General Conditions
4.1. Suspension or Cancellation of Access to the Mobile Application
In the event that the
Route Sharer and/or the Vehicle Sharer fails to comply with all or part of the Terms, the Route Sharer and/or the Vehicle Sharer acknowledges, declares and undertakes that MARTI shall always have the right to interfere with all or part of the Service or the Route Sharer's access to the MARTI Mobile Application and/or the Vehicle Sharer's access to the Mobile Application, or to temporarily or permanently suspend all or part of the Services or the Route Sharer's access to the MARTI Mobile Application and/or the Vehicle Sharer's access to the Mobile Application without prior notice.
4.2. Intellectual Property
The content and format of the
MARTI Mobile Application are protected by Turkish and international copyright law and MARTI reserves all rights to trademarks and copyrights owned or licensed by it.
MARTI reserves all rights to all registered and unregistered trademarks (whether owned or licensed by MARTI) appearing on the MARTI Mobile Application.
No part of the MARTI Mobile Application may be reproduced, copied, sold, resold or otherwise used for any commercial purpose without the written consent of MARTI. No person, including the Vehicle Sharer and/or Route Sharer and third parties, shall have the right to systematically quote and/or reuse the content of the MARTI Mobile Application without the written consent of MARTI. In particular, the use of data mining, robots or similar data collection and extraction tools to cite (whether once or many times) any significant part of the MARTI Mobile Application for re-use is strictly prohibited.
4.3 Mobile Application Content Provided by Route Sharers
By viewing the content on the MARTI Mobile Application, the Route Sharer grants MARTI permission to view the content and use it for the purposes of the Services and Route Sharing activity.
Route Sharer accepts, declares and undertakes that they will not publish any content that is explicitly defamatory, misleading, political, discriminatory, philosophical, association-related (such as union memberships), religious, racial origins, personal (including one's private life, sexual/moral orientations or health) or offensive content or any content that violates the intellectual property rights (e.g. copyright) or private life and privacy of other persons (including other Route Sharer and/or Vehicle Sharer).
As such content is contrary to MARTI's values and service policies, MARTI does not accept responsibility for such content and the Route Sharer will be personally liable for any damages or other liability incurred. The relevant Route Sharers agree to indemnify MARTI for any damages arising from any liability that MARTI may incur 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 such content from the MARTI Mobile Application as soon as possible.
4.4. Common Mobile Applications
MARTI reserves the right to reproduce and use all information displayed in the MARTI Mobile Application or other integrated Mobile Application necessary for the provision of the Service within the scope of the performance of the Services.
5. Legal and Judicial Environment
These Terms are governed by the laws of the Republic of Turkey and all disputes arising out of or relating to the Terms shall be resolved by the Istanbul Central (Çağlayan) Courts and Enforcement Offices.
MARTI TAXI TERMS AND CONDITIONS
1. Scope
These Terms and Conditions apply to the taxi hailing service ("MARTI Taxi"), which operates simultaneously with the Tek Araçla Gidelim ("TAG") service offered through the mobile application called TAG Sürücü ("Driver Application") developed by Marti İleri Teknoloji Anonim Şirketi (hereinafter referred to as "MARTI"), whose registered office is located at Büyükdere Caddesi Üçyol Mevkii Noramin İş Merkezi No:237/5, 34398 Sarıyer, registered with the Istanbul Trade Registry Directorate under the registration number 166213-5 and whose trade name is MARTI: Scooter & TAG ("Mobile Application") developed by the MARTI Ileri Teknoloji A.Ş. (hereinafter referred to as "MARTI") and the taxi hailing service ("MARTI Taxi").
2. Defined Terms:
Service; refers to the services offered to the Passenger and Taxi Driver as a service provider through the Mobile Application and Driver Application.
Terms or Terms and Conditions refers to these terms and conditions of use.
User Account; refers to the MARTI Mobile Application account opened by a Passenger and used to access the Service offered by MARTI as the service provider.
Mobile Application; refers to the mobile application developed by MARTI that offers micro mobility vehicle rental, Vehicle sharing and taxi hailing services.
MARTI Taxi refers to the taxi hailing service provided by MARTI as a service provider, in addition to the route sharing services called Tek Araçla Gidelim ("TAG") offered through the Mobile Application.
Agreement; refers to MARTI User Agreement.
Taxi; refers to a vehicle with a taxi plate and licence that provides taxi service through the Mobile Application.
Taxi Driver means a real person who uses the Mobile Application to provide taxi service to a Passenger at a certain time, from a certain place and to a certain destination in return for the Journey Amount specified on the taximeter at the end of the Journey and who has the qualifications and permits stipulated in the legal legislation in this regard.
Driver Application; It refers to the mobile application that works integrated with the Mobile Application.
Passenger; refers to the end user who uses the Mobile Application to benefit from the Service offered by MARTI.
Journey Amount means the amount to be paid in cash or by debit/credit card and in lump sum by the User to the Taxi Driver, which is given as an estimated price range in the Mobile Application at the beginning of the Journey, but in any case will be seen on the taximeter device dedicated to the Taxi at the end of the Journey.
Journey; refers to the Taxi journey that the User and the Taxi Driver have agreed to make through the Mobile Application for the User to reach a specific destination from a specific departure point.
The plural meaning of the terms defined in the Conditions includes their singular meaning and their singular meaning includes their plural meaning.
The plural meaning of the terms defined in the Terms includes their singular meaning and their singular meaning includes their plural meaning.
3. Acceptance of the Terms and Conditions
The Passenger fully accepts these Terms and Conditions by clicking the
"Next" button in the "By clicking the Next button, you accept the User Agreement" tab in the
Mobile Application (Terms and Conditions can be read by clicking on
the phrase "User Agreement").
Access to the Service will not be permitted unless the Terms are accepted. No Passenger is entitled to partially accept the Terms. Each Passenger agrees to comply with the conditions to be determined by MARTI and to provide information and documents requested by MARTI if necessary.
MARTI reserves the right to suspend and/or cancel the Passenger's User Account and the Service provided to the relevant Passenger without any notice to the Passenger if the Passenger fails to comply with any of the provisions of the Terms.
4. Changes to the Terms, Mobile Application and Service
MARTI reserves the right to change the Terms at any time. All changes made to the Service or the Terms and Conditions will become effective upon the publication of the relevant changes on the Mobile Application. In addition, MARTI may make changes to the Service offered through the Mobile Application, the functions and/or interface of the Mobile Application at any time, without notice and without any liability to the Passenger.
The Passenger shall be deemed to have accepted the amended Terms if he/she uses the Service offered through the Mobile Application after the publication of the amended Terms.
5. Use of the Service
5.1. User Account and Accuracy of Information
The Passenger must create a User Account to use the Service and agrees
to provide accurate, complete and up-to-date information requested by
MARTI through the Mobile Application for the proper provision of the
Service. The Passenger agrees that all of the information provided to
MARTI when creating a User Account and at various times is accurate
and complete. The Passenger also agrees that all information submitted
to MARTI or sent to the Mobile Application regarding any Journey shall
be true, accurate and complete.
MARTI shall not be liable to any Passenger and/or Taxi Driver for any incomplete, false, misleading or fraudulent information provided by the Passenger. In order to use MARTI Taxi, the Passenger must be at least 16 years old.
Unless otherwise expressly agreed by MARTI, the Passenger may have only one User Account per person. A User Account may not be created in the name of another person or by impersonating another person.
5.2 Use of MARTI Taxi
When the Passenger clicks on the "Call Marti Taxi" button under the MARTI Taxi image or alternatively clicks the “Taxi” button at the bottom of Marti TAG page on the Mobile Application, the taxi closest to his/her location will be directed to him/her, and if the Taxi Driver accepts the call; information about the Taxi Driver and the Taxi will be delivered to the Passenger.
MARTI makes its best efforts to ensure that the information provided regarding the directed Taxi (estimated arrival time, distance of the Taxi to the Passenger, etc.) reflects the truth. However, it cannot be held responsible for the fact that this information does not reflect 100% reality.
In case the Passenger forgets an item in the Taxi, he/she may contact MARTI Call Center and request that the Taxi Driver be contacted. MARTI Call Center will contact the Taxi Driver for the forgotten item and if the Taxi Driver confirms that the forgotten item is in the Taxi, the contact details may be exchanged with the permission of the Passenger and the Taxi Driver. MARTI shall only liaise the parties with each other regarding the forgotten items and their delivery to the Passenger by the Taxi Driver and shall not be held responsible for any other matter.
5.3 Status of the MARTI
The starting points and destinations of the Journey must be agreed in
advance via the Mobile Application. The Passenger may not meet the
Taxi Driver from any location that has not been agreed in advance with
the Taxi Driver via the Driver Application.
MARTI shall have no liability for any breach of any agreement between the Passenger and the Taxi Driver or for any breach of these Terms by any Taxi Driver, including where the Taxi Driver (in breach of these Terms) provides Services through the Mobile Application for professional or commercial purposes.
MARTI does not provide any transport service through the Mobile Application. MARTI Taxi is a platform that enables the Passenger and Taxi Driver to make a Journey. MARTI does not intervene in the Journey, destinations, Journey Amount (Journey Amount range is provided hypothetically when the route is determined and is not binding) or timings. MARTI is not a party to any agreement between the Passenger and the Taxi Driver in any name or under any name. MARTI is not or will not act as an agent of the Passenger or the Taxi Driver. Any breach of these Terms will result in the immediate suspension of the Passenger's User Account, in which case the relevant Passenger's access to the Service will be restricted.
5.4 Payment
MARTI Taxi is a service that only allows the Passenger and the Taxi Driver to communicate with each other via the Mobile Application to organise a Journey.
In order to organise a Journey, the Passenger shall contact the Mobile Application link used by the Taxi Driver, which runs simultaneously with the MARTI Mobile App, and the Taxi Driver shall be the sole addressee of the Passenger in these matters.
MARTI reserves the right to make changes to any aspect of the Mobile Application or the Service, including adding new services or withdrawing services.
The Passenger is obliged to pay the full amount of the Journey Amount realised by using the Mobile Application.
The Passenger can call a Taxi by entering the destination via the Mobile Application. When the destination is selected, estimated fare and arrival time calculated via the Mobile Application. The Journey Amount and arrival time may vary depending on the route preferred by the Passenger or Taxi Driver and/or traffic. MARTI cannot be held responsible for the Journey Amount / time difference that may occur.
For Journeys made through the Mobile Application, the Passenger is obliged to pay the road usage costs such as bridges, roads and motorways, which are clearly stated in the relevant legislation, in addition to the fare written on the taximeter. Other than these, the Passenger cannot be charged any fee.
The Passenger can pay the Journey Amount cash or by debit/credit card as of provided on the Mobile Application. When the Journey is over, the Taxi Driver will process the amount written on the taximeter in the Driver Application. The amount to be paid by the Passenger may change with the discounts to be realised based on the campaigns that MARTI may make from time to time.
The Passenger will be able to provide a valid credit card or prepaid card information with expiration date. The Passenger will be able to view the payment options (cash – credit/debit card) when he/she creates a Journey route after processing his/her credit card information in the Mobile Application.
The Passenger agrees that any credit card, debit card or prepaid card provided to MARTI will be used by MARTI and/or an electronic money payment institution contracted by Martı for collection purposes only. The Passenger authorizes MARTI to collect all fare items generated by him/her from the payment instrument specified by him/her. In case the payment cannot be made due to any problem or insufficient balance in credit cards or prepaid cards, payment will be requested from the Passenger by topping up the card or by introducing another card to the Mobile Application. In case the Passenger refuses to pay, MARTI reserves the right to take legal action.
If the Passenger wishes to dispute a charge on his/her credit card, debit card, he/she must notify MARTI in writing within 5 days before the end of that month and provide MARTI with all information regarding the dispute. The Passenger agrees to notify MARTI immediately of any changes to his/her card details. MARTI accepts no responsibility for card theft not caused by MARTI.
The Passenger may change the payment method during the pairing with the Taxi Driver or during the Journey and MARTI reserves the right to make periodic changes on the Mobile Application in this regard.
At the end of the Journey, the Taxi Driver inputs the figure on the taximeter on the relevant screen in the Driver Application. In the event that the Taxi Driver enters a price other than the estimated payment ranges that appear to the Passenger when requesting a trip, the Journey Amount confirmation screen may reappear before the Passenger. If the Passenger does not confirm again and presses the support button, the screen will appear again for the Passenger to reject the Journey Amount or to access the support line where he/she can reach MARTI call center. When the Journey Amount rejection limit, which is set by MARTI, is reached, the Journey Amount will be debited to the Passenger's account as a debt with the Passenger's last rejection based on the limit. The Passenger will be directed in the Mobile Application to settle this debt. MARTI may require the Passenger with a debit balance to settle the debit balance in order to make future journeys.
In the Journey History tab, when the Passenger wants to get a summary of the Journeys he/she has made, he/she can view the Journey Amount payments he/she has made by pressing the “Show Receipt” button. Unpaid Journey Amounts can also be viewed in this tab. In any case, the Passenger will be able to see the total debt balance in the Mobile Application menu.
In the event that the Passenger cancels the match request, a warning screen regarding the cancellation penalty will appear. In case of cancellation despite this, the match cancellation penalty determined by MARTI will be automatically withdrawn if the Passenger's credit card is registered. If it cannot be withdrawn from the credit card, it will be reflected in the Passenger's debt balance and an invoice will be issued for this penalty.
6. Obligations of the Passenger
Passenger;
- At least 16 years old,
- MARTI shall in no way be liable to the Passenger or the Taxi Driver; accordingly, they have no recourse rights to MARTI for any loss or damage that may arise from the use of the Journey, Service and/or Mobile Application,
- During the Journey, he/she is personally liable to refrain from any behaviour that may disturb or harm the Taxi Driver or third parties, to act in a manner that may affect the safety of driving, to use violence, to threaten and/or to behave in a manner that may cause damage to property, to show courtesy and respect to everyone while using the Services,
- During the Journey, he/she is obliged to wear a seat belt for automobiles, he/she is personally responsible for complying with all applicable legal regulations and all rules determined in practice, including but not limited to wearing a seat belt, and he/she will not encourage the Taxi Driver to violate the rules, that MARTI will warn the Taxi Driver to comply with the speed limits and all other rules if necessary, that MARTI only provides a taxi hailing platform with the MARTI Taxi Service, that it cannot guarantee the safety of the Journey, and that all responsibility in this regard will belong to the Passenger and the Taxi Driver,
- If he/she cancels the Journey after matching for the Journey, he/she may be fined an amount which concluded and presented on the Mobile Application by MARTI,
accepts, declares and undertakes.
The Passenger has an obligation to be punctual once a match has been made, but in any case, the Taxi Driver may allow the Passenger flexibility in arriving at the meeting point at the sole discretion of the parties.
7. Responsibility
MARTI is not a party to any agreement between Passenger and Taxi
Driver and is not liable to
Passenger and Taxi Driver or third parties. MARTI's mission and
responsibility is limited to bringing the Passenger and the Taxi
Driver into contact with each other for the purpose of the Journey and
MARTI accepts no liability whatsoever for any breach by the Passenger
and the Taxi Driver or their contractual and legal obligations as
defined herein.
Consequently, to the MARTI;
- Any false or incomplete information provided by the Passenger and/or the Taxi Driver,
- Cancellation of the Journey by the Passenger or Taxi Driver,
- Non-payment of the Journey Amount,
- any fraudulent act, tortious act, misrepresentation or breach of duty or breach of any of the Terms by the Passenger or Taxi Driver before, during or after the Journey
No liability shall be attributed by any Passenger, Taxi Driver or third party for any loss, damage or loss that may arise from the use of the Service. By accepting the Terms and Conditions and using the Service, the Passenger and/or the Taxi Driver accepts, declares and undertakes that MARTI is not responsible for the matters expressly stated above and in general in the Terms and Conditions, and that no responsibility can be attributed to MARTI by third parties. For the avoidance of doubt, the Passenger and the Taxi Driver accept, declare and undertake that, without prejudice to and without prejudice to the other provisions set out in the Terms and Conditions, MARTI shall have the right of recourse to them for any amount that MARTI may be obliged to pay to third parties under any name and name, and that they shall pay such amounts to MARTI at the first request without the need for notice.
The passenger may notify MARTI of the Taxi Driver with whom he/she has a complaint through the Mobile Application. In this case, MARTI will make the necessary warnings to the Taxi Driver and may terminate the business relationship of Taxi Driver who repeats similar mistakes. However, since the Mobile Application is a platform to bring together Passenger and Taxi Driver, MARTI cannot be held responsible for the behaviour of Taxi Driver under any circumstances.
The Passenger agrees not to take any action and/or action that may
abuse the Service provided free of charge by MARTI.
MARTI shall not be held liable and shall not be entitled to any claim
under any name whatsoever in the event that the Passenger is unable to
benefit from the Service on the Mobile Application due to technical
failures caused by the Passenger and therefore fails to fulfil any of
its obligations specified in the Terms and Conditions.
The Passenger accepts that he/she is fully responsible for the
security and storage of the system access tools (user name, password,
etc.) he/she uses in order to benefit from the services offered by
MARTI
through the Mobile Application.
MARTI may offer the Passenger the opportunity to benefit from promotions or campaigns at certain times. In order to benefit from the relevant promotion/campaign, the Passenger must comply with the terms of such promotion/campaign and must not engage in fraudulent behaviour (including fraudulent agreement with Taxi Driver to benefit from the promotion/campaign, making misleading statements and creating false Passenger profiles).
8. General Conditions
8.1. Suspension or Cancellation of Access to the Mobile Application
MARTI has the right at all times to interfere with, temporarily or
permanently suspend, without prior notice, MARTI's access to all or
part of the Service or the Mobile Application if the
Passenger and/or Taxi Driver fails to comply with all or part of the
Terms.
8.2. Intellectual Property
The content and format of the
Mobile Application are protected by Turkish and international
copyright law and MARTI reserves all rights to trademarks and
copyrights owned or licensed by it.
MARTI reserves all rights to all registered and unregistered trademarks (whether owned or licensed by MARTI) appearing on the Mobile Application.
No part of the Mobile Application may be reproduced, copied, sold, resold or otherwise used for any commercial purpose without the written consent of MARTI. No person, including the Passenger and/or Taxi Driver and third parties, is entitled to systematically quote and/or re-use the content of the Mobile Application. In particular, the use of data mining, robots or similar data collection and extraction tools to cite any significant part of the Mobile Application for re-use (whether once or many times) is strictly prohibited.
8.3. Common Mobile Applications
MARTI reserves the right to reproduce and use all information
displayed in the
Mobile Application or other integrated mobile applications required
for the provision of the Service within the scope of the performance
of the Service.
9. Legal and Judicial Environment
The Terms are governed by the laws of the Republic of Turkey and all disputes arising out of or relating to the Terms shall be resolved by the Istanbul Central (Çağlayan) Courts and Enforcement Offices.
10. Enforcement
The Terms of Use entered into force upon mutual acceptance by the Passenger's electronic consent.