User Agreement

User Agreement

  1. Parties

1.1. This User Service Agreement (“Agreement”) is made between Tripy Mobility Teknoloji Anonim Şirketi (referred to as “Company” or “Tripy Mobility”), a company established under the laws of the Republic of Turkey, with its registered address at Bahçelievler Mah. 323/1 Cad. C Blok Gazi Üniversitesi Teknokent Binası No:10/50c İç Kapı No:101 Gölbaşı / Ankara / Turkey, and with the tax identification number 8591348891, and the individual (“User”) who reads and accepts this Agreement through our mobile application. This Agreement contains provisions regarding the services (collectively referred to as “Services“) that will be provided by the Company to the User.

1.2. The Company and the User may be referred to individually as a “Party” and collectively as the “Parties.”

1.3. By consenting to this Agreement, the User agrees to comply with the terms set forth below while using the Service. Therefore, we recommend that you read this Agreement carefully. The User acknowledges that they have been informed by the Company regarding the provisions in this Agreement that may be contrary to their interests and that they have been provided with the opportunity to review the content of the Agreement before accepting it.

1.4. Please do not use our Electric Bicycle Rental Services unless you consent to and accept this Agreement. By using the Services, you will be deemed to have accepted this Agreement.

1.5. As stated below, we reserve the right to modify this Agreement when necessary. The updated version of the Agreement will be accessible through our website and Application, and the updates will be notified to the User via our Application. The most recent version of this Agreement will replace all prior agreements between the Company and the User, without affecting the ongoing or accrued obligations of the other Party under this Agreement.

1.6. If the User chooses to make payments using the Tripy Wallet, the Wallet Agreement will be an inseparable part of this Agreement. By accepting this Agreement, the User will also be deemed to have accepted the Wallet Agreement if they choose to use the Tripy Wallet for payment.

  1. Definitions

In this Agreement, the terms below shall have the meanings assigned to them in this Article:

 

Vehicle : The electric bicycle type vehicles made available for service and use, subject to the conditions specified in this Agreement.

 

Tripy : The brand name of the vehicle.

 

Agreement : This Agreement, which must be approved in order to rent the vehicles.

 

User : Individuals over the age of 16 who meet the necessary conditions to use the Services in this Agreement, as referred to in Article 37 of the Road Traffic Law.

 

Application : The mobile software made available for the use of Tripy on devices with operating systems such as Android/iOS.
Distance Fee : The usage fee calculated on a per-minute basis by the vehicle tracking system of the Tripy application for the distance covered by the User during the usage of the vehicle.

 

Tariff : The fixed opening fee set by the Tripy application and the per-minute usage and reservation price list published on the Tripy application and website.

 

Rental Period : The per-minute rental period for the use of the vehicles.

 

PDPL : The Personal Data Protection Law No. 6698.

 

Personal Data : Any data related to an identified or identifiable natural person, as defined in the PDPL.

 

Legislation : All national and local laws and regulations currently in force in Turkey and the city where the Service is provided at the time of the Agreement, including all updates, amendments, and additions, and specifically including the Road Traffic Law (Law No. 2918 dated 13.10.1983), the Turkish Penal Code (Law No. 5237 dated 26.09.2004), the Municipal Law (Law No. 5393 dated 03.07.2005), the Metropolitan Municipality Law (Law No. 5216 dated 10.07.2004), the Municipal Revenues Law (Law No. 2464 dated 26.05.1981), the Misdemeanors Law (Law No. 5326 dated 31.03.2005), the Regulation on Coordination Centers of Metropolitan Municipalities (Regulation dated 15.06.2006), the Decree-Law on Certain Regulations in the Transport and Infrastructure Sector (Decree-Law No. 655 dated 26.09.2021), the Bicycle Paths Regulation (Regulation dated 12.12.2019), the Law on the Prevention and Control of the Harmful Effects of Tobacco Products (Law No. 4207 dated 26.11.1996), the Law on Certain Provisions Regarding the Municipality’s Affairs dated 16 April 1340 (Law No. 486, with amendments on 15.05.1930, Law No. 1608), and any regulation, decree, decision, and principles issued by the relevant city or other authorities, public officers, or the Transportation Coordination Center and provincial traffic commission, along with any other administrative, municipal, or other local regulations connected to these or related legislation.
  1. Purpose

This Agreement has been prepared for the purpose of determining the procedures and principles for the provision of rental vehicle services requested by the User during the term of the Agreement by the Company, as well as for the payment of the rental and other fees determined in exchange, and for defining the mutual rights and obligations of the Parties.

  1. User Registration Procedure on the Application

4.1. Membership is completed when the person wishing to become a User fulfills the membership procedure determined by the Company through the Application. By completing the registration process, the User also agrees to and accepts all statements made by the Company regarding the terms and conditions of membership and vehicle rental.

4.2. The User acknowledges and declares that the identity, address, email, and communication information, including the Turkish ID number provided during the membership process, are complete and accurate, and that they will update this information through the application if any changes occur. The User further accepts that they are solely responsible for any disputes or damages arising from the provision of incomplete, outdated, or incorrect information. The Company shall not be held liable for damages arising from the provision of incorrect or outdated information by the User.

4.3. The User agrees that they shall not allow anyone, including their children under the age of 16, to use the Vehicle through their account or allow someone else to use the Vehicle while they are using it. Group rides are exempt from this provision. Only one person may use the Vehicle at a time. The User shall be solely responsible for the consequences of any actions that violate this provision.

4.4. The User must be over the age of 16, have accepted the Agreement through the application, and agreed to all its terms in order to receive vehicle rental services from the Company. Users:

  • Fulfill all Membership requirements;
  • Meet the legal requirements under the Legislation and this Agreement for the use of the Service;
  • Acknowledge and confirm that they have read and understood the Confidentiality Commitment provided in Article 14 of this Agreement and this Agreement itself, and that they have no questions or additional objections regarding these matters;
  • Acknowledge that the provisions of this Agreement may be contrary to their interests, and that the Company has provided them with the necessary opportunity to review the content of the Agreement and accept the relevant conditions;
  • Have a stable internet connection, sufficient mobile data, and technically sufficient smart device to use the Service and access the Application during the rental period;
  • Fully accept this Agreement;
  • If requesting to make payments through the Tripy Wallet, fully accept the Tripy Wallet Agreement as an inseparable part of this Agreement;
  • Accept the Fee Schedule, including the pricing indicated in the Application;
  • Acknowledge that in case of failure to fulfill the Membership conditions, their membership may be unilaterally terminated by the Company immediately and without compensation, and that the membership is non-transferable.

4.5. User:

  • The information collected by the Company during the user registration process will be recorded and stored in the system;
  • The eligibility conditions for use must comply with the rental terms indicated in the application;
  • The User must be over the age of 16;
  • The User will register on the Application with their own correct and up-to-date information and will not use another person’s name, surname, etc.;
  • Due to the activation and the system operating via the mobile phone, the mobile phone used during registration must be with the User and in working condition when picking up the Vehicle, using it, and completing the rental process. The User must ensure the Vehicle is securely locked with the motor lock on the Vehicle, which may vary depending on the type of operation and the bike model;
  • If the conditions mentioned in this article are not met, the User agrees not to take the Vehicle. Additionally, the User agrees to return the Vehicle in compliance with the conditions of this article, ensuring the vehicle is securely locked with the motor lock.
  • The User agrees not to use the Application for illegal activities, criminal acts, or for purposes that may harm the Company and/or third parties. The User agrees not to transmit information prohibited by legislation, nor share unauthorized data such as chain mails, software viruses, etc.

acknowledges and declares.

  1. Rental Procedure

5.1. The User is required to select the Vehicle through the Application and submit a rental request in order to rent the Vehicle from the Company. The Company has the right to unilaterally change this communication channel.

5.2. The Company has the right to obtain information about the User by contacting the relevant institutions in order to verify the accuracy of the personal information and documents that the User must provide via the Application in order to use the service. If this information is not provided, the Company reserves the right not to proceed with the rental.

5.3. If the information and documents provided by the User are incorrect or if the User fails to comply with any provisions of this Agreement, the rules in the Application, or the rules specified in the Legislation, this will constitute a breach of the Agreement. In this case, the Company has the right to unilaterally terminate the Agreement with just cause. Regardless of the termination right, the Company reserves the right to recoup any damages incurred, as well as any legal or administrative fines, compensation, etc., from the User, including payments to public institutions and third parties. The Company reserves the right to collect these amounts from the credit/bank card registered in the Application or, if Tripy Wallet is used, from Tripy Wallet, and the User has pre-accepted and consented to this situation.

5.4. The User acknowledges and declares that they are fully responsible for their password, all transactions made through the Application, and all transactions made with their provided email address and mobile phone number, and that the transactions will be binding and result in consequences for them personally. The Vehicle will be considered delivered once the User gains physical access to the Vehicle and communicates with the mechanism in the Vehicle via the Application on their mobile phone.

5.5. The User is solely responsible for all actions performed through the Application, such as canceling a rental request, reporting errors and defects in the Vehicle, and operating the Vehicle, and for all transactions made with the provided email address and mobile phone number. The records of the Company shall be valid in all transactions made through the Application, and the User declares that they accept any and all records and documents produced by the Company.

5.6. Group Ride: If the User initiates a group ride through the Application, which allows multiple Users to use the Vehicle, they agree, declare, and undertake that each User participating in the group ride will act in accordance with this Agreement and all provisions and rules related to the group ride. The User also agrees, declares, and undertakes that they are over 18 years old to start the group ride service, that all other Users participating in the group ride are over 16 years old, and that they will accurately and completely inform the Company of the names, surnames, and other details of other Users participating in the group ride upon request. The Company reserves the right to block the use of the Vehicle and the Application through the group ride feature if the User who initiated the group ride or any of the Users participating in the group ride acts contrary to this Agreement and/or the group ride rules. In the case of a group ride, the User who initiated the group ride agrees, declares, and undertakes to pay the Company for all fees arising from the use of the Vehicle by the Users participating in the group ride. The User agrees, declares, and undertakes that they are jointly and severally responsible, along with the other drivers participating in the group ride, for any fines, damages, losses, compensation, and any other claims that may arise directly or indirectly from the group ride, even if they are not at fault in the event. The group ride service cannot be combined with membership packages offering special pricing tariffs and is provided independently of them. The group ride service is not affected by existing membership packages with special pricing, and the benefits provided under these packages cannot be used for the group ride service.

 

  1. Tariff, Price, Charging, and Guarantee

6.1. The fixed starting fee, tariff, distance fee, service fee, and all other charges applicable to vehicle rentals are announced by the Company in the Application. The fees listed in the tariffs may vary. The Company reserves the right to change or cancel the fixed starting fee, tariff, distance fee, service fee, reservation fee, and all other charges it announces, without the need for permission or notification, no later than before the relevant rental. The User accepts the new prices and charges to be announced in the Application in advance.

6.2. The User is obliged to pay the rental fee based on the duration of the use of the rented Vehicle. All details regarding the charging are included in the Application, and the Company reserves the right to change the rental conditions and related fees.

6.3. The rental fees are based on the duration of the rental period. The data from the Company’s tracking system regarding the rental period is valid, and all calculations are based on the Application’s tracking system data. Data from the mechanisms on the Vehicle are not considered in the calculations.

  1. Payment

7.1. The User agrees and undertakes to pay the rental fees, traffic fines, administrative fines, damage/loss amounts caused by their own fault, service fees, and all other charges arising from the Agreement and rental transaction, including but not limited to those listed, as well as the VAT amounts.

7.2. The User will make payments related to the rental transactions in advance after the usage has been completed, using the credit/bank card registered in the User’s name or in the name of another person, as defined by the User in the Application, and for which usage approval has been granted.

7.3. At least one credit/bank card in the User’s name or in the name of another person, as defined and approved by the User in the Application, must be registered. It is not possible to cancel the credit/bank card information in the system without registering a new credit/bank card.

7.4. If the User has any outstanding debt, the Company has the right to suspend or cancel the User’s membership and reject rental requests.

7.5 An additional payment method, Tripy Wallet, is available, and the terms and details of Tripy Wallet usage are regulated under the Wallet User Agreement, which is an inseparable annex of this Agreement. By accepting this Agreement, the User will also be deemed to have accepted the Wallet Agreement if they choose to make payments using Tripy Wallet.

7.6. All amounts that the Company may collect from the User’s registered credit/bank card in the Application under this Agreement can also be collected from the Tripy Wallet if the Tripy Wallet is used.

  1. Use of the Vehicle and Responsibility

8.1. Following the start of the rental, with the physical delivery of the Vehicle to the User, the Vehicle is considered rented to the User from the moment of delivery. The User undertakes to use the Vehicle in accordance with the terms specified in the Agreement, to pay the rental fee and other fees specified in the Agreement, along with any taxes related to these fees, and to accept all terms outlined in the Agreement.

8.2. The Vehicle cannot be used by any person other than the User who completed the rental transaction, and cannot be allowed to be used by any third party.

8.3. No one other than the person who completed the rental transaction has the right to use the Vehicle, regardless of the reason. If the Vehicle is used by someone other than the User who completed the rental transaction, the User who completed the rental transaction and the person who physically used the Vehicle will be jointly and severally responsible for all costs arising during the rental, including but not limited to damages, malfunctions, losses, fines, etc.

8.4. The User will be jointly and severally responsible for all damages and fines arising from allowing someone else to use the Vehicle. The Company reserves the right to recoup from the User and/or the person who physically used the Vehicle any amounts it is required to pay due to this, along with legal interest. The Company reserves the right to collect these amounts from the credit/bank card registered in the Application or, if Tripy Wallet is used, from Tripy Wallet, and the User has pre-accepted this condition.

8.5. Although the Vehicles are equipped with the best technology for the User’s safety, the User is always required to inspect the Vehicle for malfunctions, defects, and damages before use. This inspection must be done carefully and correctly for issues such as the Vehicle’s brake system, lights, tires, acceleration mechanism, or any other problems, defects, or damages that can be detected under normal or unusual circumstances. The User is required to check the charging level of the Vehicle in the Application to determine whether the Vehicle is sufficiently charged for the journey. If the User detects any malfunction, defect, or damage to the Vehicle as described in this provision, they will immediately contact the Company and inform the Company. The User will not use or attempt to use a defective, faulty, or damaged Vehicle in any way. Otherwise, the Vehicle will be considered to have been received by the User in complete, undamaged, functional, and good condition.

8.6. The User is aware that natural meteorological events such as fog, rain, snow, hail, ice, temperature changes, lightning, thunder, storms, wind, floods, avalanches, and landslides may negatively affect the use of the Vehicle, and acknowledges this fact. The User is solely responsible for checking whether the weather and/or meteorological conditions or the road where the Vehicle will be used are suitable for the safe and secure operation of the Vehicle. The User agrees that it is strictly prohibited to use the Vehicle in conditions where weather and/or meteorological conditions, or the road, may hinder or make it difficult to operate the Vehicle properly. Even if the weather or road conditions do not prevent the use of the Vehicle, the User is still required to use the Vehicle carefully and in accordance with the requirements of these conditions if the weather or road conditions make it difficult to control the Vehicle compared to a more comfortable driving experience.

8.7. The User agrees and undertakes to strictly follow the written guidelines published by the Company in the Application regarding the use of the Vehicle, to exercise the necessary care and attention while using the Vehicle, and to ensure that the Vehicle remains in good condition.

The use of the Vehicle is prohibited in the following areas:

  • Pedestrian paths, pedestrian zones, and sidewalks,
  • Urban areas with cobblestone pavements,
  • Highways and intercity roads,
  • Roads, bridges, and tunnels where the maximum speed limit exceeds 50 km/h,
  • Roads for vehicles where there is a separate bicycle path or lane,
  • In locations and conditions unsuitable for the Vehicle (sand, mountainous terrain, riverbeds, swamps, etc.) and/or on roads that are not suitable for the technical structure and durability of the Vehicle.

The User is exclusively responsible for any accidents and all events or situations that may arise due to the use of the Vehicle in violation of this provision. In the event that the Company makes any payments to third parties or faces a legal issue as a result of such situations, the Company reserves the right to recoup the amount paid, along with legal interest, from the User.

8.8. The User will take into account the following risks and dangers (including but not limited to) while using the Vehicle and will operate the Vehicle accordingly:

  • Motorized and non-motorized vehicles and other objects,
  • Pedestrians,
  • Traffic flow,
  • Vehicle or vehicle part or function malfunctions,
  • Road conditions and quality,
  • Weather conditions.

8.9. The User agrees to use the Vehicle in full compliance with all legal obligations and traffic rules, within the boundaries specified in the Application, and by taking the safety measures specified in the Application, and to return the Vehicle according to these rules. The User will use the Vehicle within the boundaries specified in the Application. If the User operates the Vehicle outside the boundaries specified in the Application and/or uses the Vehicle without taking the safety measures specified in the Application, all responsibility for this will lie with the User, and the User will be solely responsible for any damage or loss incurred. The Company reserves the right to recoup from the User any amounts it is required to pay due to this. The Company reserves the right to collect these amounts from the credit/bank card registered in the Application or, if Tripy Wallet is used, from Tripy Wallet, and the User has pre-accepted and consented to this situation.

8.10. The use of the Vehicle, including but not limited to the following, in a manner that violates this Agreement and/or any applicable legal regulations, or especially for the following purposes, is strictly prohibited, and the User will be solely responsible for any actions contrary to this:

  • Transporting goods in violation of Customs Legislation and other laws,
  • Engaging in illegal activities,
  • Pushing or towing any vehicle, etc.,
  • Carrying passengers or goods for commercial purposes,
  • Transporting goods beyond the weight limit or in a way that would damage the Vehicle,
  • Using the Vehicle after consuming drugs, alcohol, or any medication taken without a doctor’s prescription or supervision,
  • Using the Vehicle in races or competitions,
  • Using the Vehicle in unsuitable locations and conditions (sand, mountainous terrain, riverbeds, swamps, etc.) and/or on roads that are not suitable for the Vehicle’s technical structure and endurance,
  • Using the Vehicle without the necessary protective equipment required for personal safety and health (The User is solely responsible for using protective equipment such as fluorescent vests, goggles, helmets, knee pads, elbow pads, etc., while using the Vehicle. The use of protective equipment with the Vehicle and obtaining such equipment is solely the User’s responsibility).

8.11. In case the User uses the Vehicle in violation of the Agreement, the legislation, or the rules in the Application, the Company reserves the right to recoup from the User all damages, including judicial/administrative fines, compensation, etc., paid to third parties, including public institutions. The Company reserves the right to collect these amounts from the credit/bank card registered in the Application or, if Tripy Wallet is used, from Tripy Wallet, and the User has pre-accepted and consented to this situation.

8.12. The User is required to return the Vehicle to the Company within the region where the rental transaction was made. The Company provides the area where the rented Vehicle can be used to members through the Application. If the service area is exceeded or if there is a suspicion of misuse of trust, the Company has the right to unilaterally terminate the Agreement with just cause, without the need for any notice, warning, or judgment, and take legal action. The User will be responsible for all expenses, damages, and rental fees related to the time passed until the Vehicle is returned to the service area. The Company reserves the right to collect these amounts from the credit/bank card registered in the Application or, if Tripy Wallet is used, from Tripy Wallet, and the User has pre-accepted this condition.

8.13. The User agrees and undertakes that no changes will be made to the Vehicle without the written consent of the Company. Otherwise, the User will be responsible for the cost of restoring the Vehicle to its original condition and for any damages the Vehicle incurs.

8.14. The User undertakes not to interfere with the GPS or other systems installed in the Vehicle for security and billing purposes, not to change the settings of the device, attempt to remove the device from the Vehicle, or cut its wires, and not to damage the GPS device or any other equipment and devices in the Vehicle. These actions can be detected by the Company, and if there is a suspicion of misuse of trust, the Company has the right to unilaterally terminate the Agreement with just cause, without the need for notice, warning, or judgment, and to take legal action.

8.15. The User agrees and undertakes to pay for all damages and losses, including mechanical and electrical damages, caused by user error and/or negligence, carelessness, etc., on the Vehicle, which was received in good condition by the User.

8.16. If the User deletes the credit/bank card registered in the Application during the rental transaction, or if the Company determines that the credit/bank card is no longer able to cover the amounts specified in this Agreement, or if it is determined that the credit/bank card does not belong to the User or is used without the knowledge of the credit/bank card owner, the User grants the Company the right to immediately retrieve and seize the Vehicle without prior notice, permission, or judgment, and to terminate the rental transaction. The User agrees and declares that they will not make any claim against the Company regarding the termination of the Vehicle rental transaction due to this matter.

8.17. All risks arising from the use of the Vehicle are the User’s responsibility. In this context, the User will be personally and exclusively responsible for any personal injury, death, property damage, damages to third parties, or any legal/administrative/criminal sanctions and fines, as well as any claims from third parties arising from the use of the Vehicle. The Company reserves the right to recoup any amounts it is required to pay due to this situation. The Company reserves the right to collect these amounts from the credit/bank card registered in the Application or, if Tripy Wallet is used, from Tripy Wallet, and the User has pre-accepted this condition.

8.18. After renting the Vehicle, the User is responsible for taking the necessary precautions to prevent the Vehicle and its parts from being stolen, lost, or damaged. In case of theft or accident, the User must immediately contact the relevant authorities (police and/or judicial authorities) and provide the official report to the Company.

8.19. The Company shall not be held responsible in any way for the loss, damage, theft, or wear of any items carried or left in the Vehicle by the User.

8.20. The User will be responsible for all material and immaterial compensation and expenses, as well as any criminal/administrative/judicial sanctions and fines arising from damages caused to third parties by the Vehicles during the rental period. The Company reserves the right to recoup from the User any amounts it is required to pay due to this, along with legal interest. The Company reserves the right to collect these amounts from the credit/bank card registered in the Application or, if Tripy Wallet is used, from Tripy Wallet, and the User has pre-accepted and consented to this condition.

8.21. Even if this Agreement is terminated, the User’s liability will continue for any damages caused by the User and/or any actions of the User during the rental period. In this context, if the Company makes any payments to third parties, including compensation or fines, due to the User’s breach of this Agreement or the relevant legislation after the termination of the Agreement, the Company reserves the right to recoup the amount paid, along with legal interest, from the User.

8.22. The Company will not be responsible for any damages arising from the Vehicle(s) being out of service due to the User’s negligence or faulty actions. This responsibility is solely that of the User.

9.Use of the Vehicle

9.1. The Users acknowledge and declare that the use of the Vehicles provided by the Company is not mandatory, and that they may always use public transportation and private transport vehicles, including buses, metro buses, minibuses, subways, trains, trams, taxis, their own cars, and even bicycles from other electric bicycle service providers.

9.2. The Users agree and declare that by choosing to use the Company’s Vehicles and Services among the wide variety of options available for their transportation, they will always act in a safe, careful, cautious, and diligent manner, and in compliance with the rules, restrictions, and recommendations specified in this Agreement.

9.3. The Users agree, declare, and undertake to comply with the legal requirements, the safety of the Users, other third parties, and/or their property, animals, and the environment, as well as to prevent potential damages that may occur to the Vehicle, and to adhere to the restrictions set out in this Agreement and the Legislation. The Users are obligated to use the Vehicle in a manner that does not endanger the life and property safety of themselves, other drivers/users, or pedestrians, and to use it safely and carefully.

  1. Return of the Vehicle

10.1. The User will return the Vehicle in the same condition as it was received, without any damages or deficiencies. The User is responsible for any damages, losses, or deficiencies that occur, aside from normal wear and tear, during the return of the Vehicle. The User is obliged to pay the amount determined by the Company immediately. Additionally, the Company has the right to inspect any damages or deficiencies in the Vehicle after the return date and notify the User.

10.2. If the User fails to comply with any provision of this Agreement, particularly if the User does not return the Vehicle by the end of the rental period, the User grants the Company the authority to immediately retrieve and seize the Vehicle, regardless of the location, and without prior notice, permission, or judgment. The User is obligated to pay for any damages or expenses incurred during the retrieval/seizure of the Vehicle, along with legal interest.

10.3. The Vehicle will be considered returned, and the rental will be deemed to have ended when the User communicates with the mechanism in the Vehicle through their own mobile phone via the Application, locks the Vehicle as described in section 4.5, and submits a photo of the Vehicle in a stationary state through the Application.

10.4. The maximum rental period is 8 hours, and the User must end the use before the maximum rental period expires and/or terminate the use of the group ride. After the maximum rental period ends, the User may rent the Vehicle again if they terminate the use before the time limit. If the User does not end the use by the maximum rental period, the Company has the right to terminate the use through the system. The Company’s failure to exercise this right in a timely manner, or at all, does not grant the User the right to avoid paying for the use beyond the maximum rental period or to avoid other obligations.

  1. Intellectual and Industrial Property Rights

11.1. The Application, website, domain name, and all intellectual and industrial property rights, including but not limited to the Tripy brand, patents, inventions, designs, ideas, know-how, content, visuals, etc., whether registered or not, are exclusively owned by the Company or third parties licensed by the Company, and will remain so. This Agreement shall not be interpreted in any way as a transfer of rights or the granting of a license over the intellectual and industrial property elements listed herein, or any other related elements, to the User.

11.2. The User has the right to use the Application solely for the purpose of renting the Vehicles, limited to the scope of this Agreement. In this regard, the license granted to the User to use the Application is a non-exclusive license, limited to the duration and scope of the Agreement, valid only in Turkey, non-transferable, and without the right to sublicense.

11.3. The User agrees and undertakes not to copy, reproduce, modify, delete, reverse-engineer, transmit, publish, process, sell, sublicense, or make any Company-owned elements, including the Application, available for use or disposal by third parties, whether for a fee or free of charge, or to display them publicly in any way. The User will only use the Application and other Company-owned elements in the manner limited by the use license granted to them under this Agreement.

11.4. In the event of a violation, whether partial or complete, of the provisions of this Article 11, the Company shall have the right to unilaterally terminate the Agreement with just cause. Regardless of the Company’s termination rights, the Company reserves the right to recoup any damages, judicial/administrative fines, compensation, or other costs incurred, along with legal interest, from the User. The Company reserves the right to collect these amounts from the credit/bank card registered in the Application or, if Tripy Wallet is used, from Tripy Wallet, and the User has pre-accepted and consented to this situation.

  1. Termination Right, Termination of the Contract and Penalty Clause

12.1. This Agreement will come into effect once it is approved by the User through the Application and will remain in effect unless terminated.

12.2. Either Party has the right to unilaterally terminate this Agreement, without any compensation, by giving written notice at least 15 days in advance, for any reason, during the term of this Agreement.

12.3. If the User fails to pay any amounts due to the Company on time and in full, and/or if the User acts in violation of any provision of this Agreement, either partially or entirely, and/or if the Vehicle is found abandoned anywhere, and/or if there is suspicion of misuse of trust, the Company has the right to unilaterally and without any notice, warning, or judgment, terminate this Agreement without compensation.

12.4. In the event of the termination of this Agreement for any reason, the User’s responsibility for the rentals made with the Vehicle during the term of the Agreement continues. In this context, the User’s liability for all rental fees and other charges owed for the Vehicle rental, as well as the liability for any accidents, damages, etc., caused by the User, will continue towards the Company and/or third parties.

12.5. In the event of a partial or total breach of this Agreement, the User will compensate the Company for its damages and will also be required to pay the penalties specified in Article 17. Payment of the penalties specified in Article 17 does not affect the Company’s right to compensate for its damages.

  1. Assignment and Transfer

13.1. The Company has the right to assign and transfer its rights and obligations under this Agreement, either partially or fully, to any person or organization without obtaining the User’s consent.

13.2. The User may not assign or transfer their rights and obligations under this Agreement, either partially or fully, without the Company’s written consent. The User is the sole user of the Application and the Vehicle rented through the Application, and cannot allow any third party to use their account or the Vehicle (except for group rides), cannot log into their account from a third party’s mobile device, and cannot assign or transfer their user account to any other person or institution for the purpose of accessing or using the Services.

  1. Confidentiality Commitment and Notifications

14.1. The User acknowledges and agrees that any Application, software, source code, algorithm, product, service, and all other commercial and professional information, including but not limited to trademarks, inventions, patents, designs, ideas, know-how, content, visuals, financial, legal, and technical reports, customer and employee information, marketing and strategic data, whether registered or not (including Tripy), as well as Personal Data obtained or accessed under this Agreement, are considered confidential and undertakes to protect this confidential information. The User further agrees not to transfer or disclose such confidential information to third parties, not to reproduce, copy, reverse-engineer, modify, or delete such information, whether for a fee or free of charge.

14.2 The User acknowledges that they have read and understood this Confidentiality Commitment and agrees that any violation of this commitment will cause the Company to incur irreparable damages.

14.3. This confidentiality commitment will remain valid indefinitely, even if this Agreement is terminated or ended.

14.4. In the event of a partial or complete violation of the provisions of this Article 14, the Company has the right to unilaterally terminate the Agreement with just cause. Regardless of the Company’s termination rights, the Company reserves the right to recoup all damages, judicial/administrative fines, compensation, etc., from the User, along with legal interest, in case the Company has to make payments to third parties. The Company reserves the right to collect these amounts from the credit/bank card registered in the Application or, if Tripy Wallet is used, from Tripy Wallet, and the User has pre-accepted and consented to this situation.

  1. Non-Exclusivity

No statement in this Agreement implies an exclusive relationship between the Parties. The Parties acknowledge and declare that the User has the right to obtain similar services from third parties.

  1. Applicable Law and Jurisdiction

Turkish law will apply in the interpretation of this Agreement and/or in any disputes arising due to this Agreement and/or between the Parties. In any dispute arising from, related to, or based on this Agreement, the exclusive jurisdiction will be the Central Courts and Enforcement Offices in Ankara.

  1. Penalties

17.1. The User will pay the penalties determined according to the violation, without prejudice to the Company’s right to terminate the Agreement and/or claim the actual damages it incurred, and/or any other rights granted to the Company under this Agreement or the applicable legal regulations, in the following cases:

  • Allowing third parties to use the Vehicle, excluding group rides: 600₺
  • Allowing third parties to use the Vehicle: 250₺
  • Using the Vehicle outside the designated areas in the Application: 300₺
  • Use of the Vehicle contrary to the legal age limit: 200₺
  • Use of the Vehicle for inappropriate purposes: 300₺
  • Leaving the Vehicle outside the designated area in the Application: 300₺
  • Making unauthorized changes to the Vehicle: 150₺
  • Damaging the tracking and security system: 2500₺
  • Damaging the Vehicle: 500₺
  • Unauthorized/inappropriate use of a credit/bank card: 300₺
  • Detection of bad faith in the User’s use of the rights and obligations in the Agreement or the Application: 300₺
  • Parking the Vehicle in violation of local rules (e.g., parking in disabled routes, areas, and signs or in a private or non-public area): 200₺
  • The Vehicle falling into the sea, lake, pool, or canal, etc.: 750₺
  • Using the Vehicle to board public transportation: 200₺
  • Use of the Service in violation of the legislation and road safety rules: 300₺

17.2. The Company may update the penalty amounts arising from the improper behaviors mentioned above. The updated amounts will be shared with the Users through the Application.

17.3. The User has pre-accepted and consented that the Company has the right to collect the above-mentioned penalty amounts from the credit/bank card registered in the Application or, if Tripy Wallet is used, from Tripy Wallet, without the need for any notification to the User.

17.4. If the User fails to pay the penalty amounts, the Company has the right to suspend the User’s account.

17.5. The User may also pay the penalty amounts charged to them through their Tripy Wallet account.

  1. Amendments to the Agreement

The Company has the right to make changes and updates to this Agreement on its own unilateral initiative. Changes and updates made to the Agreement will be accessible on the Company’s Application and website and Users will be informed about the changes made to the Agreement. The User’s use of the Application following the changes and updates in the Agreement means that the User accepts the current agreement.

  1. Other Provisions

19.1. The Parties agree, declare, and undertake that the written addresses specified in this Agreement and in the Application are their legal notification addresses. If the address change is not communicated to the other Party in writing or through the Application within 3 days, notifications sent to these addresses will have the legal consequences of a valid notification under the law.

19.2. The failure of either Party to exercise any right or authority granted under this Agreement or any delay in exercising such rights does not mean a waiver of that right or authority, nor does it prevent the later exercise of that or any other right or authority.

19.3. If any provision of this Agreement becomes invalid or unenforceable, including any changes in the current legislation, this will not affect the validity of the remainder of the Agreement. If any provision is found to be unlawful, invalid, or unenforceable, the Parties will replace it with a legally valid and enforceable provision that has a similar effect, to the extent possible.

19.4. The Company’s failure to enforce any rights or authorities under this Agreement shall not be interpreted as a waiver of such rights, and it will not prevent the Company from later demanding the full, timely, and final performance of the Agreement.

19.5. The Company may assign or transfer all or part of its rights and obligations under this Agreement, as well as the rights and obligations arising from it, to an affiliate, parent company, or subsidiary, or to the acquirer of its capital, business, or assets, or to a successor company through a merger or other commercial combination, without reducing the protection granted to the User under this Agreement.

19.7. The Parties may terminate this Agreement at any time without incurring any compensation liability towards Tripy. The termination of the provisions will not affect the rights and receivables that exist between the Parties at the time of termination. If the User partially or completely breaches this Agreement, the Application, the Wallet Agreement, or legal regulations, Tripy reserves the right to terminate this Agreement for just cause. In the event of termination, Article 5.3 will apply.

The entire terms of the Agreement have been accepted by the User by electronically confirming it, and the Agreement will enter into force when the User completes the registration form and approves it through the Application.