Terms and Conditions for Users in Turkey
User Service Agreement
Last updated: September 20, 2022
This User Service Agreement (the “Agreement”) governs the use of the Scooter rental service provided by Superpedestrian Turkey Ulaşım Teknoloji Anonim Şirketi, a company organized under the laws of Republic of Turkey with e-scooter operation authorization certificate number BKN.E-S.1160009.1, and having its registered address at Merkez Mah. Hasat Sk. Kamara Blok No: 52 İç Kapı No: 1 Şişli / İstanbul (“Superpedestrian” or “the Company”) to the user, understood as the natural person who rents the Scooter and uses the Scooter rental service (the “User”), and the related use of the Company’s App and Site, as defined below (collectively, the “Service”). The Company and the User may hereinafter be referred to as a “Party” solely and as the “Parties” jointly.
By consenting to the Agreement, the User agrees to abide by the provisions set out below when using the Service. We therefore recommend that you read the Agreement carefully. User hereby accepts that he/she has been informed by the Company of the provisions contained in this Agreement that may be against his/her interests, and that thereby he/she has been provided with proper opportunity to review the content thereof prior to accepting the same.
Please do not use our Scooter rental Services unless you consent to and accept this Agreement. You will be deemed to have accepted this Agreement by using the Services.
We reserve the right to change this Agreement when so required as laid out hereunder, and the updated Agreement will be made available through our website and our App. If we make material changes to this Agreement, we will provide notification of the update through our App. The last updated version of this Agreement supersedes and invalidates all prior agreements between the Company and the User, without prejudice to the Company’s and the User’s rights that is in connection with the pending/due obligations of the other Party thereunder.
Article 1 – Definitions
In this Agreement, the following terms shall have the meanings set out in this Article.
“Account”: the account created by the User through the registration and identification process to access the personal area of the App for the use of the Scooters and to use the Service;
“Active Area”: the area of the city in which the Scooters subject to the Service are permitted to be located, as shown on the Map of the city provided in the App;
“App”: the Company’s mobile software application for operating systems such as Android/IOS installed and operating on the Devices;
“Code”: the identification and control code of the Scooter in QR Code and numeric format located on the handlebars of each Scooter;
“Customer Service”: Customer service is available 24 hrs/day for 7 days a week and can be contacted via the App, or by sending an email to support@superpedestrian.com;
“Device”: the mobile device used by the User to access the App and use the Service;
“Map”: the map of the city in which Superpedestrian performs the Service;
“Payment Card”: User’s credit card, debit card, or prepaid card validly issued by a bank, and which the User has the valid authority to use, provided by the User for payments on the Account;
“Penalties”: the penalty measures applicable to Users in the event of breach of this Agreement per Tariff Plan, or any fines charges or other fees imposed by any competent authority as a result of User’s breach of the Regulations or this Agreement;
“Regulations”: all national and local laws and regulations in force in Turkey and in the city where the Service is provided at the time of conclusion of the Contract with all amendments, supplements and replacements, with particular reference to the provisions of the Road Traffic Code (dated 13.10.1983 and numbered 2918), Regulation on E-Scooters (dated 14.04.2021), Penal Code (dated and numbered 5237), Municipality Law (dated 03.07.2005 and numbered 5393), Law on Metropolitan Municipalities (dated 10.07.2004 and numbered 5216), Law on Municipality Incomes (dated 26.05.1981 and numbered 2464), Law of Misdemeanour (dated 31.03.2005 and numbered 5326), Regulation on Coordination Centres of Metropolitan Municipalities (dated 15.06.2006), Statutory Decree on Certain Regulations regarding Transportation and Infrastructure (dated 26.09.2021 and numbered 655), Regulation on Bicycle Lanes (dated 12.12.2019), Law on Prevention of Damages and Supervision of Tobacco Products (dated 26.11.1996 and numbered 4207) Law amending the Law on Penalties to be Applied by Municipality dated 16.04.1340 and numbered 486 (dated 15.05.1930 and numbered 1608), and any governmental, municipal or otherwise national and local regulations based thereupon or other related legislation, resolutions or guidelines, including any regulation, decrees, decisions and resolutions issued by the Transportation Coordination Centre and city traffic commission of related city or other authorized institutions or public officers;
“Rental Period”: means the period of time for each use of the Scooter by the User which starts from the confirmation of the activation of the Scooter and ends with the proper end of the Scooter ride in accordance with the Agreement;
“Scooter”: the electric scooter provided by the Company, under the LINK brand, for Users to ride in connection with the Service;
“Service” or “Rental”: the rental service of the Scooters, and the services ancillary or related thereto, such as the use of the App, the Company’s websites, and the localization of the Scooter performed by the Company pursuant to the Agreement;
“Site”: the Company’s websites and online properties, including but not limited to https://www.link.city/tr/home;
“Superpedestrian” or “the Company”: Superpedestrian Turkey Ulaşım Teknoloji Anonim Şirketi, a company organized under the laws of Republic of Turkey with e-scooter operation authorization certificate number BKN.E-S.1160009.1, and having its registered address at Merkez Mah. Hasat Sk. Kamara Blok No: 52 İç Kapı No: 1 Şişli / İstanbul
“Tariff Plan”: the economic conditions referred to in Article 15 and provided in Article 23 of this Agreement and the prices, fees, Penalties and other charges set forth in the Company’s App and/or website for the Service, localized to each city at the time of the use of the Services.
“User”: the natural person age 18 and older who meets the requirements to use the Service set out in this Agreement.
Article 2 – Service
2.1. The Service allows the User to rent and use a Scooter in the Active Area one or more times, pursuant to this Agreement and in accordance with the Regulations.
2.2. In respect of each use of the Scooter, this Agreement and the Tariff Plan, as set forth on the App on the date of use, shall apply.
Article 3 – Requirements for using the Service
3.1. In order to use the Service, the User must be:
at least 18 years of age;
equipped with a Payment Card which he/she is entitled to use, with funds available to pay for the Service;
familiar with use of the Scooter;
in a physically, mentally or psychologically suitable condition to use the Scooter in an appropriate, distraction-free manner, and in any case not be under the influence of alcohol, drugs or any other kind of stimulative matter, or in any other condition limiting his/her capacity to operate the Scooter in a safe manner;
not weighing or carrying any items to create total weight of more than 135kg on the Scooter;
using a Device that meets the technical requirements of the App.
The User hereby acknowledges, declares and accepts that he/she is familiar with use of the Scooter.
The Company does not guarantee any technical compatibility between the App and the Device and does not assume any liability in relation to the compliance of the Device with the technical requirements of the App.
3.2. During and until the end of each Rental Period, the User must also have a stable data connection service.
3.3. The requirements must be maintained throughout the duration of the use of the Scooter and Rental Period. Any deficiency of one or more requirements must be immediately communicated in writing to Customer Service. In the event Company is informed of such deficiencies or becomes aware of the same by itself, the Company may suspend or terminate this Agreement effective immediately, without prejudice to the rights granted to the Company hereunder or under the Regulations.
Article 4 – Procedure for registration of the User on the App
4.1. In order to use the Service, the User must register on the App and create an Account. The User acknowledges that for registering on the App and/or using the Services, he/she will be required to provide information regarding his/her name, surname, gender, and if the User is a Turkish citizen, his/her nationality and Turkish citizenship number and if the User is not a Turkish citizen, then his/her passport number or foreign citizenship number. The User shall be solely liable for providing the aforementioned information to the Company in a correct manner. The User acknowledges and accepts that the Company may request confirmation of the accuracy of his/her identity or other personal details if so required for ensuring that the information provided by the User is correct. The User hereby accepts that in the event it does not grant the Company such information when so requested or if the Company otherwise detects that the provided information is inaccurate, then the Company may terminate the Agreement and/or prevent the User from using/accessing the Service and/or the App.
4.2. The User is the sole user of the Account and may not authorise any third party to use his/her Account, or may not register his/her Account on a third party’s device, or assign or otherwise transfer his/her Account to any other person or entity for the purpose of accessing or using the Services. The User shall not allow any other person, including any minor children of the User (under 18 years of age), to ride any Scooter through or by the User’s Account, or to ride on a Scooter with the User at the time when User rides the Scooter. Only one person may ride a Scooter at a time.
4.3. By completing the registration procedure on the App, the User:
declares that he/she satisfies the legal requirements for use of the Service and the Scooter per the Regulations and this Agreement,
declares that he/she has read and understood the Company’s Privacy Policy and this Agreement, and that he/she has no questions in connection therewith and has no objection thereto;
declares that he/she has been informed by the Company of the provisions contained in this Agreement that may be against his/her interests, and that he/she has been provided with proper opportunity to review the content and accept the conditions thereof;
declares that he/she has a stable internet connection, sufficient cellular data, and a technically capable Device for using the Service and accessing the App throughout the Rental Period;
accepts the Agreement in full;
accepts the Tariff Plan in full, including the pricing set forth in the App.
4.4. In order to complete the registration and use the Service, it is necessary to meet the minimum requirements set out in this Agreement.
Article 5 – Identification system
5.1. The Account, which enables the use of the Service, is strictly confidential and personal to the User. The Company will protect information regarding the User as required by the Regulations. However, the User acknowledges and accepts that the Company is not in a position to detect or otherwise prevent an unauthorized access to the User’s Account that has occurred due to the User’s fault or negligence, and hence, the User undertakes to keep his/her Account and Account credentials safe and secure, and to be responsible for the security and confidentiality of his/her method for accessing the Account.
5.2. Any loss, breach or unauthorized access of the Account or associated Payment Card must be promptly reported to the Company through Customer Service.
5.3. In the event of a breach of this Article and to the extent permitted by Regulations, the User shall be held liable and shall compensate and hold harmless the Company from any damages and/or disbursement of money (including indirect damages such as fines and/or administrative sanctions). The User shall also be liable for all activities that occur on his/her Account or Payment Card as well as for any event of theft, loss, unauthorised use of or damage to the Scooters in connection with a breach of this article and shall hold harmless the Company therefrom.
5.4. The User may request the cancellation of the Account by contacting Customer Service in the App or at support@superpedestrian.com.
Article 6 – Rental procedure
In order to use the Scooter, the User shall access the App through his/her Device and start the Scooter by means of the QR code or code indicated underneath the QR code (so as to allow recognition of the Code) according to the instructions given by the Company.
Article 7 – Availability of the Service
7.1. The User acknowledges that while the Service is normally available in the Active Area 24 hours a day, it is subject to ordinary business constraints which may result in scooters not being available at any desired time due to factors such as weather, limited number of available Scooters, high demand, maintenance and charging needs, or geographic restrictions, and subject to cases of force majeure, including pandemics, or decisions of the competent authorities that impose restrictions on the use of the Service. Therefore, the User acknowledges that the Company does not guarantee availability of a Scooter at any time the User so requests. The User waives the right to raise any kind of objection and/or dispute relating to availability of the Service or a Scooter.
7.2. The User is aware that the Service may be subject to limitations and impediments, including but not limited to:
the malfunctioning of the connection of the User’s and/or Company’s Internet network or other connectivity;
the malfunction of electronic equipment used by the Company to perform the Service and/or monitor the Scooters;
interruption of the Service due to natural disasters or force majeure, including pandemics or government restrictions or other kinds of events that may impede safe and proper use of Scooters in the Company’s view;
damage to the Scooter by third parties;
failure to recharge the Scooters.
7.3. The Company shall not be liable for any adverse effects or consequences suffered by the User as a result of the unavailability of the Scooters or the Service. The Company has taken all reasonable care in offering the Services, but makes no representations or warranties about the content of the App and the underlying software, including but not limited to its accuracy, reliability, completeness or timeliness, and the User acknowledges that from time to time there may be problems or delays in using the App due to technical problems or the App may be unavailable for maintenance and/or security purposes.
Article 8 – Preliminary inspection of Scooters and Weather Conditions
8.1. Although the Scooters are equipped with the best technology for the User’s safety, prior to using the Scooter, the User must always carefully check the Scooter for malfunctions, defects or damage. Such check shall be accurate and strict with respect to the Scooter’s braking system, lights, handlebars, tyres, acceleration device or any other kind of problem, defect or damage that is extraordinary, unusual, unexpected or otherwise noticeable under such check. The User is also obliged to check the battery status of the Scooter on the App to determine if the Scooter is sufficiently charged for the trip.
8.2. The User shall immediately report to the Company any kind of malfunction, defect, or damage to the Scooter that he/she may notice as defined under Article 8.1 by contacting Customer Service and shall not ride or otherwise attempt to use the Scooter with any such malfunction, defect, or damage.
8.3. In any case, the User is strictly forbidden to make, either directly or indirectly, any modifications and/or repairs to the Scooter.
8.4. The User acknowledges and accepts that natural meteorological events such as fog, rain, snow, hail, icing, changes in temperature, lightning, thunder, storm, wind, flood, avalanche and landslide may adversely affect the use of a Scooter and the Services. The User is solely liable for checking if the weather and/or meteorological conditions are suitable for the User’s safe and secure ride of a Scooter. The User acknowledges that it is strictly forbidden to use the Scooter in the event of a weather and/or meteorological condition that prevents or otherwise makes it reasonably difficult for the User to properly use the Scooter. The User is liable for using the Scooter with caution as required by the weather and/or meteorological conditions that although do not prevent use of the Scooter, make it more difficult for the User to control the Scooter in comparison to a clearer riding atmosphere.
Without prejudice to the aforementioned, the User acknowledges and accepts that the Company may by itself lock down its systems and prevent the Users from accessing to Services in full or in part in the cases and areas where (i) the temperature is below 0 °C, (ii) snow, heavy rain, strong windy weather conditions are being seen, or (iii) it is estimated that excessive rain, snow, storm, hurricane, tornado or a similar natural disaster is to be observed. In such cases, the Users shall not attempt to use the Scooters in any manner.
Article 9 – Use of the Scooter
9.1. Users acknowledge and accept that use of a Scooter provided by the Company is not mandatory and Users may always use other transportation options such as public or private transportation vehicles including busses, metrobuses, jitneys, subways, trains, tramways, taxis, Users’ own cars and even scooters of other e-scooter service providers. Users accept and declare that because Users choose to use the Company’s Scooters and Services among a variety of options available for Users in terms of their transportation, Users will always act safely, carefully, prudently, with proper care and in accordance with the rules, restrictions and recommendations designated under this Agreement.
9.2. Users acknowledge, accept and commit to abide by the restrictions designated under this Agreement and the Regulations for reasons of compliance with the law, safety of the Users, other third parties and/or their property, animals, the environment and to avoid possible damage to the Scooter. Users are obliged to ride the Scooter in a safe and careful manner that does not endanger the safety of life and property of themselves, other scooter riders/users or pedestrians.
Users undertake to use the Scooter within the Active Area in compliance with the Regulations in full, including the applicable provisions on road traffic safety, and in particular those dictated by the Road Traffic Code and local rules or guidelines applicable in the city, such as those that may be imposed by Transportation Coordination Centres and city traffic commissions or other authorized institutions. Users are aware that for ensuring compliance with the Regulations the Company applies geofencing, and allows Scooters to be used only in the Active Area shown in the map on the App. Users are strictly forbidden to use the Scooters outside the Active Area shown in the map on the App.
Users are liable for following and not exceeding the speed limits applied in the parts of the city where the Scooter is being used.
Users should always ride the Scooter with both of their hands except for the cases of giving a sign for manoeuvres. Otherwise, Users are strictly forbidden to use the Scooter with one hand. While manoeuvring, passing other Scooters and vehicles or following other vehicles, Users are forbidden to act in a manner that complicates the actions of others using the roadway or creates a danger thereto otherwise.
9.3. In particular, it should be noted that the Scooters covered by this Agreement may circulate on urban roads and cycle paths at the speeds set forth on road signs or in the local ordinances for the city.
9.4. In any case, it is forbidden to ride a Scooter:
on pedestrian ways, pedestrian areas and pavements
on urban areas with cobblestones,
on highways and interurban roadways,
on roadways, bridges and in tunnels where maximum speed limit exceeds 50 km/h,
on roadways in the cases where there is a separate bicycle road or bicycle lane.
The User cannot use a Scooter near another Scooter side by side on a single lane of a roadway.
It is strictly forbidden to carry other people or passengers other than the User while riding the Scooter. Users are also not allowed to carry any kind of load except as personal belongings such as backpacks or laptop bags that may be carried on the User’s back. Users are prohibited to get into public transportation vehicles with Scooters.
9.5. Users, while using the Scooter, must always drive the Scooter with caution, and avoid sudden or zig-zag movements, which may be of hindrance or danger to following vehicles. Users may not tie the Scooter to any other vehicle to tow or be towed by any other vehicle, scooter or other device. Users are also forbidden to use the Scooter in an acrobatic manner or to ride on stairs or railings. Users are further not allowed to use the Scooter with any toy, handcart etc. attached to the Scooter or the User.
9.6. In the case of crossing carriageways with particularly heavy traffic and, in general, where circumstances require it, Users are obliged to cross by taking the Scooter by hand, as well as when using pedestrian crossings.
9.7. When Users ride Scooters on bicycle paths, they must conform their behaviour to the Road Traffic Code and the Regulations and ride in designated lanes where required. In particular, Users should act knowing that bicycles have the right of way over themselves per the Regulations, and set their speed accordingly. In cases where Users should pass bicycles with their Scooters, they should do so by riding to the left of the bicycle and shouting “I am at the left!” prior to passing the bicycle.
9.8. The use of protective and visibility-enhancing equipment such as helmets, kneepads and high visibility jackets (with reflectors) by the User is always recommended. Users shall also follow any Regulations concerning wearing helmets, high visibility reflective gear, or other safety precautions. Pursuant to the Regulations, Users are now obliged to wear reflective clothing (including without any limitation, reflective vest, etc.) in a way that ensures their visibility during night travels. In case Users want to use the Scooter during night travels, they are solely responsible for providing the required reflective clothing and similar equipment, including the reflective vest, which they need to wear while using the Scooter. Users are further solely liable for any Penalties that may arise from the Regulations due to the violation of their abovementioned obligations. If a Penalty is accrued to the Superpedestrian due to the User’s violation of their obligations in the Regulations, including wearing reflective clothing (reflective vest, etc.) during night travels, this Penalty will be collected by Superpedestrian from the User, whether through charging this to the Payment Card in the Account or by other means.
9.9. Users shall undertake to use the Scooter within the Active Area, on the road infrastructures and/or parts of the road, identified and consistent with the provisions of the Regulations in force, with particular reference to what is established in the Road Traffic Code. In the event of a violation, penalties laid down in the Road Traffic Code and Regulations apply.
9.10. Users shall undertake to use the Scooter with reasonable care and due diligence, scrupulously observing the Regulations and, in particular, those relating to road traffic, carefully avoiding collisions with pedestrians, as well as collisions with vehicles (e.g., when crossing roads or when vehicles are parked, they should be careful not to hit any obstacles, mushrooms and signs on the side of the road, and should keep a distance from parked vehicles in case the doors of parked vehicles are opened). Users are prohibited to use the Scooters with a headphone of whatever kind, whether wireless or cabled. Users shall not consume any food or drinks, tobacco or similar products while riding the Scooters. Users are obliged to not use Scooters when under the influence of alcohol, drugs or any other kind of stimulative matter.
Users are also obliged to take caution with respect to not causing the Scooter to fall into the sea, lake, pool or a canal.
9.11. While parking, after parking, and before leaving the Scooter, it is the User’s obligation to ensure that the Scooter is locked and is parked in areas and in ways that do not constitute an obstruction to (i) pedestrian traffic and vehicle traffic, (ii) safe and independent movement of pedestrians, handicapped persons and persons whose movement capability is otherwise limited, (iii) private property of third parties, (iv) the public order, (v) in accordance with the provisions set out below in the Active Area and the Regulations. Users should also always check the App and the place where the Scooter is being parked themselves to see whether parking the Scooter in that location is prohibited.
9.12. If the Payment Card registered by the User on the Account rejects a payment charge, the Company will proceed to make further charge attempts and, in the event a charge is not permitted or rejected, the Company reserves the right to suspend the User’s Account from the Service until any debts are settled and notify the User.
9.13. The User may not in any way use the Scooter in violation of Regulations, including by way of example only:
for the transport of goods or persons;
for speed races or competitions;
for the transport of animals;
to provide a rental service to third parties, or for any other business purpose;
to commit civil, criminal or administrative offences;
to commit acts contrary to public order and public safety regulations;
to transport dangerous, flammable, toxic or similar substances;
to transport weapons, explosives, radioactive, bacteriological and similar materials;
to carry personal objects of such shape, size or weight that they may impair the safe operation of the Scooter or damage parts of the Scooter, pedestrians, vehicles or other property of third parties;
for towing other scooters, people, vehicles or other objects.
9.14. The User shall not violate this Agreement, including by way of example only, shall not:
ride the Scooter outside the Active Area;
park the Scooter outside the Active Area or in private streets, parking lots, or garages, thereby preventing the possibility of renting the Scooter to other Users once it is parked;
transport the Scooter by private means;
dirty, damage or spoil the Scooter;
ride the Scooter in a manner that causes or is likely to cause injury, discomfort or concern to others;
use the Scooter in the event of strong winds or bad weather, floods, overflows, earthquakes, etc;
disassemble, tamper with the Scooter or carry out or have carried out any type of repair or modification to the Scooter;
leave the Scooter unattended during the Rental Period;
remove branding, trademarks or other distinctive signs of the Scooter;
disclose any commercial or non-commercial advertising on the Scooter or the App without prior written consent;
infringe any legitimate right of any third party, including but not limited to intellectual property rights;
use the Scooter to transport any kind of an object except as personal belongings that may be carried at the User’s back, and in this respect the User shall in particular not carry personal belongings that:
may result in injury or damage to the User or any other person;
may result in damage to the Scooter or other third-party property;
are prohibited by law.
9.15. In the event the User has stolen, or has aided and abetted the theft of, any Scooter due to wilful misconduct, fault or carelessness, the Company reserves the right to claim against the User by charging the User’s Payment Card for the Account an amount equal to the value of the Scooter, as specified in the Tariff Plan on the App and Site applicable at the time.
9.16. Any sanction imposed on the use of the Scooter by the competent authorities for the User’s failure to comply with any Regulations shall be the exclusive responsibility of the User and shall be borne entirely by the User, including any additional costs, charges, or fines. The Company may pay any such fines charged by the competent authorities and charge the User’s Payment Card on the Account for any such fines and Penalties.
9.17. In the event of a breach of this Agreement, the Company shall be entitled to terminate the Contract with immediate effect upon notice to the User in the App, for breach of contract by the User, and settle the monetary consequences thereof from the User’s Payment Card. The Company reserves the right at any time to deactivate or suspend the User’s Account and/or restrict the User’s use of the Services. The Company also reserves the right to take action against the User for damages and take any legal action for its own protection in the competent courts.
Article 10 – Scooter
10.1. The Scooter is an electric Scooter that requires periodic charging of its battery in order to operate. User agrees to use and operate the Scooter safely and prudently in light of the Scooter being an electric vehicle and all of the limitations and requirements associated therewith. User understands and agrees with each of the following:
The level of charge power remaining in the Scooter will decrease with use of the Scooter (over both time and distance), and that as the level of charge power of the Scooter decreases, the speed and other operational capabilities of the Scooter may decrease (or cease in their entirety).
User acknowledges that using of a Scooter whose charging level has fallen below 10% (ten percent) or is not otherwise sufficient for the User to reach its desired destination is not recommended by the Company.
The level of charging power in the Scooter at the time User initiates the rental or operation of the Scooter is not guaranteed and will vary with each rental use. The rate of loss of charging power during the use of the Scooter is not guaranteed and will vary based on the Scooter, use of the Scooter, road conditions, road elevation changes, weather conditions, and other factors.
The distance and/or time that User may operate the Scooter before it loses charging power is never guaranteed. The Scooter may run out of charging power and cease to operate at any time during User’s rental of the Scooter, including before reaching the desired destination.
10.2. If during the Rental Period, the battery charge level of the Scooter falls below an acceptable level, the Company reserves the right to lock it for safety reasons. In view of this, User acknowledges and accepts that it is obliged to check the battery status shown in the App prior to using a Scooter, and to determine by itself whether it will be sufficient for User to use the Scooter as desired.
Article 11 – Liability of the Company
11.1. By using a Scooter as part of this Service, the User acknowledges that he/she is exclusively liable for any loss or damages for any physical injury or property damage suffered or incurred by the User and/or by any third parties as a result of the User’s use of the Scooter, from commencement of using to ending of the same, including the parking and locking of the Scooter by the User. The User is also solely responsible for any injury, damage, or loss to persons or property, including to third parties or the User, resulting from the User’s failure to comply with any obligations under this Agreement or applicable Regulations. The User shall irrevocably indemnify and hold harmless the Company from any and all monetary or other consequences of the User’s non-compliance with this Agreement or the Regulations. The User hereby irrevocably acknowledges, accepts and declares that the Company shall be entitled to settle the monetary or other consequences of the User’s incompliance with this Agreement or the Regulations by the User’s Payment Card.
11.2. The Company shall only be liable to the extent such injury, damage, or loss is caused by the wilful or grossly negligent actions of the Company, or a product defect, as provided under applicable laws.
11.3. The Company shall not be liable for any failure to comply with this Agreement if such failure is due to force majeure, the actions of a third party or any reason beyond its control or otherwise unforeseeable or unpreventable for the Company.
Article 12 – Insurance
12.1. The Company hereby declares that it is covered by a third-party liability insurance policy against Company liability for injury to third parties or accidental damage to third-party property arising from the use of a Scooter. Such insurance is without prejudice to the rights granted to the Company against the User under this Agreement or the Regulations.
12.2. When so required by the Regulations, the Company provides the User a personal accident insurance and a third-party liability insurance policy. Provision of the User with insurance policies by the Company does not relieve the User from its obligation to comply with this Agreement and the Regulations. The User acknowledges and accepts that such insurance policies’ coverage is limited with the extent the User complies with this Agreement and the Regulations, and the User shall regardless be liable for the Penalties provided by the Tariff Plan, any fines that may be imposed per the Regulations, or any other sums or claims that may be brought against to itself by the Company or third parties.
Article 13 – Obligations in the event of accident, damage, defect or theft
13.1. In the event of an accident or collision involving the Scooter, or in the event of damage or injury to property or person resulting from the use of the Scooter, the User shall:
1. stop using the Scooter as soon as possible in a safe manner and end the ride;
2. contact the Company through the Customer Service to inform of the accident/damage/injury, providing all necessary information requested by the Company;
3. report the accident/damage/injury to the police and/or other public safety authority, regardless of whether they believe it was caused by their own conduct or that of a third party;
4. stay at the scene of the accident/damage/injury until satisfaction of all the following conditions:
it is ascertained that all persons involved did not suffer any injuries and, if so, until medical help has arrived;
the police and/or other public safety authority have arrived at the scene of the accident and drawn up a report;
the Scooter has been removed by the Company and/or has been safely parked or driven elsewhere;
has taken the personal details, vehicle number plates and other necessary contact details of all vehicles and persons involved, including witnesses, as well as a copy of the report drawn up by the authorities.
13.2. In the event that the User fails to carry out the obligations indicated in the preceding points, it shall be considered a material breach by the User; and the Company shall be held harmless from all liability and shall be entitled to terminate the Contract, without prejudice to the right to claim compensation from the User for all damages suffered as a result of the User’s failure to fulfil his/her obligations and settling the same from the User’s Payment Card, to the fullest extent permitted by the Regulations.
13.3. In the event of an accident, the Contract shall not be deemed terminated until the Scooter has been properly returned in accordance with this Agreement. Depending on the damage caused to the Scooter, the Company may charge the User for the cost of the Scooter, to the maximum amount provided by the Tariff Plan, or such amount as indicated on the App and/or Site when updated, for which the Company may use the User’s Payment Card.
13.4. The User shall, to the extent permitted under applicable Regulations, compensate the Company for all direct damages suffered and related to the claim. The User shall indemnify and hold the Company harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with the claim, except as to the extent such claims, demands, losses, liabilities, and expenses are caused by the wilful or grossly negligent actions of the Company.
13.5. In the event of loss or theft of a Scooter during a ride, the User must report the incident to the police and provide the Company with the relevant report or protocol number provided by the police when reporting the incident.
13.6 In the event of theft, robbery, or vandalism to the Scooter, either before or during use by a User, the latter must promptly report this immediately to Customer Service.
Article 14 – Termination
14.1. Without prejudice to the term of this Agreement, each Rental Period shall automatically terminate when the User has returned the Scooter by completing all of the following, except in cases where the User has outstanding obligations against the Company due to the circumstances and events defined under this Agreement including without any limitation (i) where any physical injury or property damage suffered or incurred by the User and/or by any third parties and/or a damage is incurred on a property or on the environment, as a result of the User’s use of the Scooter, including User’s inappropriate parking and locking of the Scooter, (ii) where any fine or penalty is imposed on the User or the Company by public institutions or officers due to User’s use of the Scooter, including User’s inappropriate parking and locking of the Scooter, (iii) where an accident or collision occurs involving the Scooter, and/or (iv) where any loss, theft, robbery or vandalism occurs to the Scooter:
terminate the Rental Period through the App;
make sure that the Scooter is locked;
park within the Active Area in a suitable public parking area in accordance with the Regulations and this Agreement;
withdrawal of the actual payment through User’s Payment Card for use of the Scooter;
comply with all obligations under this Agreement.
14.2. In order to terminate the Rental Period, the User must park the Scooter at the conclusion of the ride in accordance with the provisions set out below in the Active Area, this Agreement and the Regulations. In particular, Users are forbidden to park the Scooter in areas and in ways that constitute an obstruction to (i) pedestrian traffic and vehicle traffic, (ii) safe and independent movement of pedestrians, handicapped persons and persons whose movement capability is otherwise limited, (iii) private property of third parties, (iv) the public order. Users are also prohibited to park the Scooters (i) in places not accessible to the Company and/or other Users, or (ii) anywhere outside the Active Area. Users should also always check the App and the place where the Scooter is being parked themselves to see parking there is prohibited. If a Scooter is parked in violation of this section, any administrative fines, as well as the costs incurred by the Company for the recovery and/or removal of the Scooter shall be fully charged to the User, and the User’s Payment Card may be utilized to settle such amounts. It is also expressly forbidden to park the Scooter next to traffic lights or traffic signs, parking ticket machines or parking meters, and in front of, or near, emergency exits or fire exits, as well as in any other place where stopping or parking is prohibited under the Road Traffic Code and Regulations. The User shall reimburse the Company for any expenses, fines or other costs incurred in the event of a breach of the parking prohibitions under this Agreement or the Regulation.
14.3. If due to poor or no connection of the Device the Rental Period cannot be terminated, the User shall park the Scooter elsewhere and repeat the operation. If the Rental Period cannot be terminated for technical reasons, the User is required to contact Customer Service immediately. If the User abandons the Scooter without having terminated the Rental Period or contacted Customer Service, the Rental Period shall continue and the User shall be charged the corresponding amounts under the Tariff Plan.
14.4. In the event of a dispute between the Company and the User regarding the condition of the Scooter, including any existing damage and defects and the assessment thereof, the Company may engage the services of a specialist company to determine the condition of the Scooter and any loss of value.
Article 15 – Economic conditions
15.1. The Service provides for the following pricing as specified in the Tariff Plan in the App for the location where the scooter is rented: Service start-up charge and/or “per minute” charge, calculated on the basis of the time of each individual Rental Period. Partially used minutes shall be considered rounded up to 60 (sixty) seconds starting from the thirty-first second. When you provide a payment method on your Account, our system will attempt to verify the payment information you entered by temporarily charging 20 TRY (the remaining balance of which is always returned upon proper end of Scooter ride) to see if your Payment Card is valid or otherwise suitable for use. We do this by processing an authorization hold to ensure the Payment Card is valid and available for use on the Account. The Company may also offer subscription services or passes in the App which require recurring payments, which shall be subject to any additional terms specified in the App.
15.2. In the event that there are insufficient funds in the User’s Account for the Rental Period, the remaining balance will be charged as soon as the funds are added. The User will not be able to start a new Rental Period until sufficient funds are available in the Account.
15.3. If the User wishes to dispute the amount charged, he/she must contact Customer Service within 90 days of the charge being made by e-mail to: support@superpedestrian.com. The User while disputing the charged amounts is obliged to provide the Company with the nature of the dispute and relevant information in a comprehensible manner. The Company examines the timely and proper disputes taking into account all records at its disposal, together with any information made available by the User. In the event and to the extent the Company at its sole discretion finds the User’s dispute rightful, then the wrongfully charged amounts are returned to the User within 14[KLO1] days following the Company’s determination of the same. The User hereby accepts and acknowledges that it cannot request any compensation, interest, damages or payment otherwise in such cases including in the name of late payment.
15.4. The User hereby authorises the Company to charge the amount due in relation to the Tariff Plan, or other Penalties, fines or fees as set forth in this Agreement, to the Payment Card associated with the Account.
15.5. The Company may at its discretion launch campaigns or promotions in the App and define promotional codes that replace discounts, Service features and other benefits. Such campaigns, promotions or promotional codes may only be used through the App. The Company’s campaigns, promotions or promotional codes, being exclusive to the User and the User’s Account, cannot be tied up with other offers. The Company may always update terms and conditions applicable for a campaign, promotion or promotional code as it deems fit. The Company reserves its right to cancel or amend a campaign, promotion or promotional code offered at any time. Any campaign, promotion or promotional code that is presented to a User (i) should be used in accordance with the Regulations and the terms and condition laid out by the Company, (ii) cannot be copied, sold or otherwise utilized in a manner contrary to what is permitted by the Company, (iii) may be subject to expiry within the time limits set by the Company prior to the User’s using it, (iv) does not constitute replacement for cash or otherwise a method for payment.
Article 16 – Changes to the Agreement
16.1. The Company reserves the right to amend this Agreement as needed to address and reflect changes in the business, rider behaviour and use, safety concerns, and updates to Regulations or permit requirements. When we make material changes to the Agreement, we will communicate the update using a notification in the App. The User hereby acknowledges that he/she may not be permitted to use the Scooters in the event it does not agree and/or comply with this Agreement and/or any amendments thereto.
16.2. In the event of a change to the Agreement, if the User does not agree to such change, the User shall immediately stop using the Services and terminate his/her Account. Entering into a new Rental Period with the Company constitutes User’s acceptance of the new Agreement.
Article 17 – Rights of withdrawal, suspension of service and termination
17.1. The User may withdraw from the Agreement with the Company within 14 days from its conclusion by sending an e-mail to support@superpedestrian.com or by contacting Customer Service through the App, unless the User has no outstanding obligations in connection with his/her using of a Scooter and a Rental Period, in which case the User shall be deemed to have waived its right of withdrawal to the extent such obligations are fulfilled or the Company terminates the Agreement in accordance herewith. Exercising the right of withdrawal will allow for a refund of any paid credit available on the Account at the time the withdrawal becomes effective in cases where the User has no outstanding obligations against the Company, of whatever kind or nature, whether known or unknown, suspected or unsuspected, contingent or fixed. The User acknowledges and accepts that if User has started using the Service and used credits, such use entails a waiver of the right of withdrawal for the Services enjoyed. In case the User withdraws or cancels the Agreement after using the Services, any fees paid by User or credits in exchange for used Services will not be refunded.
17.2. The Company may terminate the User’s Account by giving written notice to the User by text, e-mail or notification within the App with 15 (fifteen) days’ notice, except and to the extent as otherwise provided under this Agreement.
17.3. If the Company detects any violation of the User of this Agreement or the Regulations, the Company may suspend or terminate the User’s Account immediately and without prior notice to the User. Examples of such violations may include, but are not limited to:
non-payment and/or late payment of the amounts due under the Tariff Plan or this Agreement;
inaccuracy or unreliability of the information provided to the Company through the App during registration or subsequently, including creation of multiple accounts by one person in order to abuse promotional codes, credits or other discounts, or otherwise evade this Agreement;
in the event of failure to return a Scooter or in the event of riding by a person other than the User;
facilitation or negligent or willful commission by the User of a theft, robbery or vandalism of one or more Scooters;
if the User incurs a Penalty for violations of the Regulations;
if the User, through his/her own negligence and fault, has caused an accident with pedestrians or vehicles or the damage to the Scooter.
17.4. In the event of termination of the Contract for violation of this Agreement, including any of the above reasons, the Company reserves the right to charge the relevant Penalties to the User’s Account in accordance with the Tariff Plan in force at the time of termination, without prejudice to the right to seek compensation for any greater damages.
Article 18 – Compulsory information provided by the User
To create and maintain an Account, the User shall provide through the App and keep current the mobile telephone number of the Device used with the Account and a valid form of payment for use on the Account. User may update any information provided on the Account using the App, and the Company may suspend or terminate the Account if the information is not up to date and accurate.
Article 19 – Governing law and competent court
19.1. The Agreement is governed by substantive Turkish laws.
19.2. The Courts of Central Istanbul shall have exclusive jurisdiction over any dispute arising from, connected with or resulting from the Agreement, unless the User qualifies as a consumer residing within Republic of Turkey in which case the court of the place of residence of the consumer, shall have jurisdiction.
Article 20 – Communications between the Company and the User
Any communication for the purposes of the Contract shall be made to the following addresses:
for the Company: Merkez Mah. Hasat Sk. Kamara Blok No: 52 İç Kapı No: 1 Şişli / İstanbul and by e-mail to support@superpedestrian.com
for the User: the contact details associated with the Account.
Article 21 – Miscellaneous
21.1. If the Company fails to enforce its rights and entitlements under this Contract, such conduct shall not in any event be construed as a waiver thereof, nor shall it prevent the Company from requiring full, timely and strict performance of the Contract at a later date.
21.2. If any provision of the Agreement is or becomes invalid or unenforceable, including as a result of amendments to the current Regulations, this will not affect the validity of the Contract. If any provision is unlawful, invalid or unenforceable, the Parties shall replace it with a legal, valid and enforceable provision having, to the extent possible, a similar effect.
21.3. The Company may assign or transfer this Agreement in whole or in part, or its rights and obligations arising out of them to: a subsidiary, parent or associated company; a purchaser of the share capital, business or assets; or a successor by way of merger or other business combination, in a manner not to decrease the assurance provided to the User hereunder.
21.4. The Company undertakes to comply with the regulation on data protection (Law on Protection of Personal Data no. 6698 “GDPR” and secondary legislation), and related information regarding the processing of personal data is presented in the Privacy Policy.
Article 22 – Specific approval of this Agreement
The User, having read the Agreement governing the contractual relationship, as well as the Tariff Plan, declares that he/she has understood and fully accepts and specifically approves the clauses set out in Articles: 3 (Requirements for using the service), 4 (Procedure for registration of the User on the App),5 (Identification system), 7 (Availability of the Service), 9 (Use of the Scooter), 10 (Scooter), 11 (Liability of the Company), 13 (Obligations in the event of accident, damage, defect or theft), 14 (Termination), 16 (Changes to the Agreement), 17 (Rights of withdrawal, suspension of service and termination), 18 (Compulsory information provided by the User), 19 (Governing law and competent court), 21 (Miscellaneous), 23 (Tariff Plan), without prejudice to the User’s acceptance of other clauses under this Agreement.
Article 23 – Tariff Plan
23.1. Rates applied by the Company to the Scooter Rental Service are as set forth in the App at the time of rental.
23.2. Penalties applied by the Company:
Damage to the Scooter for reasons attributable to the User: repair expense up to 3.000 TRY-;
Theft/loss of a scooter: 9.000 TRY;
Falling of the Scooter into the sea, lake, pool or a canal: 5.000 TRY;
Mounting to public transportation vehicle with the Scooter: 100,00 TRY
Use of the Scooter outside the Active Area: 300,00 TRY;
Use of the Scooter by someone else other than the account owner or provision of the Company with false information regarding the account: 300 TRY;
Parking of the Scooter in handicapped ways, areas and signs, or in a non-public area or in a private property: 250 TRY;
Application of administrative sanctions for violations of rules or Regulations applicable to the User from time to time: actual cost of any fines charged by the government and/or public authorities, and additionally 200,00 TRY as reimbursement of the costs;
Use of the Service by the User contrary to the Regulations and road safety: from a minimum amount of 500,00 TRY up to a maximum of 2.000,00 TRY;
The Company’s determination of the User’s exercising any right and obligation under the Agreement or the App in a bad faith manner: 100 TRY.
The Tariff Plan is subject to changes and updates by the Company. Such changes will be communicated to Users on the App.