1.1. Hereby User Agreement has been concluded between Hop Teknoloji A.S. which resides in “Erler Mah. Dumlupinar Bul. No: 348 Ic Kapi No: 53 Etimesgut / Ankara” on one side and the natural person who has approved/accepted this agreement through the application on the other side.
HOP: Hop Teknoloji A.Ş.
USER: Natural persons who rent and use the vehicles provided by Hop by registering to the system created by Hop under the terms of this agreement and who approve/accept this Agreement through the application,
VEHICLE: Provided that the conditions specified in hereby Agreement are complied with; electric scooter type vehicles that are supplied and brought into use in advance,
AGREEMENT: User agreement for renting these vehicles
FEE FOR TIME: The price to be paid by the USER, which is calculated by the Hop tracking system on a per-minute basis for the distance covered by the USER during the usage period
PRICE LIST : The price list published on the Hop application-website involving the fixed starting rate and the minute rate determined by Hop,
PERSONAL DATA: n accordance with the Law No. 6698 on Protection of Personal Data, all kinds of information about a specific or identifiable natural person (including sensitive personal data),
APPLICATION: Hop Android and iPhone Mobile application,
WEB SITE: www.hoplagit.com web site,
RENTAL PERIOD: Rental period of vehicles.
3.1. The subject of this Agreement is; fulfillment of the rental vehicle services by Hop which will be requested by the USER during the period the contract is in force and the forms and conditions of the rental payment and the other fees to be made by the USER and also determination of the mutual rights and responsibilities.
4.1. By completing the registration process after fulfilling the membership procedure determined by Hop in the Application, the person wishing to be a USER, completes the membership. After the registration, the USER also approves and accepts the provisions of this Agreement and all kinds of statements announced/to be announced by Hop regarding membership and rental conditions.
4.2. The USER accepts and declares that; ID information including TR Identity Number (and/or driving license, passport etc.), address, e-mail and contact information that he/she has specified in the membership process are complete and correct; he/she will immediately update this information through the application in case of change in his/her information; and also he/she will be solely responsible for all kinds of legal disputes and damages that may arise due to incomplete, outdated or incorrect information. No liability can be attributed to Hop for this reason.
4.3. In order to get rental service from Hop, the USER must be over 15 years old, approve this Agreement through the application and accept all terms of it. USERs accept that; they will fulfill all of the membership conditions; if the membership conditions are not fulfilled, their membership can be terminated by Hop unilaterally at once, without any compensation and notification and that the membership cannot be transferred.
4.4. The USER accepts, declares and commits that; information obtained by Hop during the subscription process will be recorded and kept in the system; driving license terms should be in accordance with rental conditions specified in the Application; he/she must be over 15 years old; the mobile phone used during the registration must be in working condition when receiving and using the vehicle and ending the rental process, since the activation and operation of the system is carried through the mobile phone and that; the vehicle should be locked to any fixed position by using the fixed lock on the vehicle. The USER accepts that; he/she will not take the vehicle if all the conditions specified in this article are not available.
5.1. In order to rent the vehicles of Hop, the USER is obliged to select the vehicle and make the rental request through the Application. Hop is authorized to change the aforementioned communication channel unilaterally.
5.2. Hop is authorized to request a copy of the USER’s driving license or identity card with the ID number, which is issued in the name of the USER and its validity is declared and committed by him/her. Hop has the right to obtain information about the USER by applying to relevant institutions with the aim of checking the accuracy of the USER’s personal information and documents. Hop reserves the right to not to rent, in case the aforementioned documents are not submitted.
5.3. In case the information and/or documents provided by the USER are incorrect or are not in accordance with this Agreement and rules, this will be considered a breach of the Agreement and will give Hop the right to cancel the Agreement unilaterally.
5.4. The USER accepts and declares that; all transactions made with his/her user name, password and the Application, as well as all transactions made with the e-mail address and mobile phone he/she has given to Hop are under his/her responsibility and done with his/her own consent. The vehicle is deemed to be delivered when the USER gets physical access to it and the Vehicle is activated by providing the necessary communication to the mechanism in the vehicle via the Application with the USER’s mobile phone. The USER is personally responsible for all transactions like; cancelling the rental request made with the Application, reporting the faults and defects in the vehicle and running the vehicle, as well as all transactions made with the e-mail address and mobile phone, he/she has given to Hop. Hop records are valid in all transactions made with the Application and the USER irrevocably accepts that; he/she approves all kinds of records and documents produced by Hop.
6. PRICE LIST, FEE, CHARGING AND ASSURANCE
6.1. Fixed starting rate, tariff, distance fee, service charge and all other fees to be applied for vehicle rentals are the amounts announced by Hop in the application. Fees in the price lists may vary. Hop has the right to change and cancel the declared fixed starting rate, tariff, distance fee, service charge and all other fees at the latest before the relevant rental without the need for any permission and notification. The USER accepts the new price and charging to be announced in the Application in advance.
6.2. The USER is obliged to pay the rental fee on the basis of the period of time he/she uses the rented vehicle. All details about pricing are included in the Application and Hop reserves the right to change the rental conditions and related fees.
6.3. Rental fees are priced depending on the rental period. Hop tracking system data regarding the rental period is valid and this data is taken as basis in all calculations. Data in the mechanisms on the vehicle are not taken into account in the calculations.
7.1. The USER accepts, declares and undertakes to pay the rental fees regarding the rental processes made within the scope of this Agreement, traffic fine payments, damage costs caused by his/her own faults and service charges and without being limited to those listed, all other charges and VAT amounts arising from this Agreement and the rental process.
7.2. After the end of use, the USER shall make the payments regarding the rental transactions in cash, with the registered credit card defined in the Application, of which the USER is the holder (in the name of the USER) or on behalf of someone else that the USER has declared and gained approval. It is obligatory to define at least 1 credit card in the Application, of which the USER is the holder (in the name of the USER) or on behalf of someone else that the USER has declared and gained approval and it is impossible to cancel the credit card information in the system without defining a new card.
7.3. In case the USER has any debt, Hop has the right to suspend and cancel the membership of the USER and not to meet rental demands.
8. USAGE OF THE VEHICLE AND RESPONSIBILITY
8.1. Upon the physical access of the USER to the vehicle, it is deemed to be leased out to the USER and he/she declares and undertakes to use the vehicle in accordance with the issues specified in this Agreement’s conditions, to pay the rental fee and the other fees mentioned in this Agreement and to pay the VAT amount regarding these fees and to accept all the matters stated in this Agreement.
8.2. Excepting the USER who rents the vehicle, no one can use the vehicle or make it used. Apart from the person who made the rental, no one has the right to use the vehicle for any reason. In case that the vehicle is used by anyone other than the USER renting the vehicle, the USER will be responsible for all (but not limited to) costs of damage/defect/loss occurred during the rental process. The USER will solely responsible for all damages and penalties that may arise due to having the vehicle used by someone else. Regarding the costs to be paid for this reason, Hop’s right of recourse to the USER is reserved. Hop has the right to collect the aforementioned costs from the credit card registered in the Application and the USER has accepted and consented to this situation in advance.
8.3. The USER is liable to visually inspect the vehicle for any damage before receiving it and to upload the relevant images to the Application or to inform Hop immediately with the help of Hop communication channels in case of detecting any damage. Otherwise, the vehicle is deemed to be received by the USER completely and undamaged, intact and in good condition.
8.4. The USER accepts and undertakes to abide by the written principles regarding the use of vehicle published by Hop in the Application, to show the necessary care and attention while using the vehicle and to ensure that the vehicle is in good condition.
8.5. The USER will consider the following risks and hazards (but not limited to) while using the vehicle:
- Motorized – Non-Motorized Vehicles and the other objects,
- Traffic flow,
- Vehicle or vehicle component dysfunction,
- Road condition and quality,
- Weather condition.
8.6. The USER accepts to use the vehicle in accordance with all legal provisions, within the limits and security precautions stated in the Application and to end the rental process within these limits. In case of going beyond the limits specified in the Application and/or using the vehicle without taking the security measures mentioned in the Application, the USER will assume full responsibility in this regard and will be solely liable for all kinds of damages and losses that occur. Regarding the costs to be paid for this reason, Hop’s right of recourse to the USER is reserved. Hop has the right to collect the aforementioned costs from the credit card registered in the Application and the USER has accepted and consented to this situation in advance.
8.7. In case of driving beyond the limits specified in the application or as clearly stated in the Article 5 of the Electric Scooter Regulation entitled “General Provisions Regarding the Use of E-Scooter” that; despite it is within the limits specified in the Application, it is prohibited to park the scooter in a manner that may disrupt public order, violate private property and prevent the safe and independent movements of pedestrians, disabled people or the ones with reduced mobility and also vehicle or pedestrian traffic. All material and administrative responsibility arising from all kinds of damages and penalties that may occur due to usage contrary to the aforementioned prohibitions will belong to the USER and when deeming necessary Hop has the right to terminate this membership Agreement unilaterally
8.8. It is strictly prohibited to use the vehicle especially (but not limited to) for the following purposes and the USER will be solely responsible for any behavior contrary to this:
- In the transport of goods contrary to the Customs Legislation and the other laws,
- In illegal business,
- In pulling or pushing any vehicle etc.,
- In the transport of passengers or goods for commercial purposes,
- In the transport of personal cargo/goods in a manner that will bring damage to the vehicle and exceed the carrying limit,
- Driving under the influence of drugs or alcohol,
- Using the vehicle in bets and races,
- Using the vehicle in unsuitable places and conditions (sand, mountainous terrain, stream bed, swamp, etc.) and/or in places and roads that are not suitable for the technical structure and endurance of vehicle,
- Using the vehicle without protective equipment (helmet, knee pad, elbow pad, etc.) necessary for using it in a way that is suitable for life safety and health,
- Using the vehicle in violation of the traffic rules specified in the Highway Traffic Law No. 2918.
Regarding the damages incurred due to improper use and the costs that have to be paid, Hop’s right of recourse to the USER is reserved. Additionally, in case it is determined that the vehicle has been used in violation of the relevant provisions of the Highway Traffic Law No. 2918, necessary actions will be taken against the USER in accordance with the provisions of the relevant law. Hop has the right to collect the aforementioned costs from the credit card registered in the Application and the USER has accepted and consented to this situation in advance.
8.9. The USER is liable to give the vehicle back to Hop within the area where the rental process has been made. Via the application, Hop informs the USERS about the coverage area where the rented vehicle can be used. In case of going beyond the service area and there is a suspicion of misuse of trust (at Hop’s discretion), Hop reserves the right to unilaterally terminate this Agreement and to take legal actions without the need for any notice, warning or judgment. The USER is responsible for all expenses, all kinds of damage and the rental cost for the elapsed time until the vehicle is brought back to the service area. Hop has the right to collect these costs from the credit card registered in the Application and the USER has accepted and consented to this situation in advance.
8.10. The USER accepts and undertakes that; no changes will be made on the vehicle without the written permission of Hop. Otherwise, the USER will be responsible for reinstatement expenses and damages incurred on the vehicle.
8.11. The USER undertakes not to interfere in any way with the GPS etc. systems placed on the vehicle with security and pricing purposes, not to try to change the settings of device, to remove it from the vehicle or to cut its wires. Aforementioned actions can be detected by Hop and in case there is a suspicion of misuse of trust (at Hop’s discretion), Hop reserves the right to unilaterally terminate this Agreement and to take legal actions without the need for any notice, warning or judgment.
8.12. The USER accepts and undertakes to pay for all damages and losses including any mechanical and electrical cost caused by the reasons as; misuse and/or inattention, negligence etc. arising on the vehicle, which has been received by the USER in good condition.
8.13. In case the USER deletes the credit card defined by him/herself in the Application during the rental process and if Hop determines that the credit card cannot meet the costs specified in this agreement or if the credit card does not belong to the USER and it is detected that the credit card is used without the knowledge of the card’s owner, Hop has the right to immediately take back and confiscate the rented vehicle regardless of where it is and terminate the rental process without the need for prior warning, permission or judgment. The USER accepts and declares that he/she will not make any request under any name from Hop due to the termination of the rental process
8.14. All risks that may arise from the usage of the vehicle belongs to the USER. Within this scope, the USER will be personally responsible for; profit loss, data loss, personal injury, death, damage to property, damage to third parties and etc. that may occur due to the usage of the vehicle. Regarding the costs to be paid for this reason, Hop’s right of recourse to the USER is reserved. Hop has the right to collect these costs from the credit card registered in the Application and the USER has accepted and consented to this situation in advance
8.15. After the beginning of rental process, the USER is obliged to take necessary measures to prevent the vehicle and its components from being stolen. In case of any theft, the USER must immediately apply to the authorized security and/or judicial offices and submit the official report about this event to Hop
8.16. Hop cannot be deemed responsible in any way for the loss, damage, theft or abrasion of any property carried or left in the vehicle by the USER.
8.17. The USER will be responsible for all kinds of material and moral compensation and expenses that may arise from the damages caused to third parties during the rental period of the vehicles. Regarding the costs to be paid for this reason, Hop’s right of recourse to the USER is reserved. Hop has the right to collect these costs from the credit card registered in the Application and the USER has accepted and consented to this situation in advance.
8.18. Even if this Agreement has expired, the USER’s responsibility will remain due to the damages caused by the wrongful act of the USER and/or User during the rental period.
8.19. Hop is not the manufacturer of the VEHICLE and cannot be deemed responsible in any way for any damages, losses and compensations that may arise from the manufacturing defects of the vehicle or its spare parts.
8.20. Hop is not responsible for any damages that may occur due to any or all of the vehicles being out of action in consequence of the USER’s negligence or wrongful act.
9. RETURN OF THE VEHICLE
9.1. The USER will return and deliver the vehicle completely and undamaged as it was received. The USER will be responsible for all kinds of damages, losses and deficiencies occurred as a result of unusual use, which are detected during the return of the vehicle and obliged to immediately pay the amount to be determined by Hop. Moreover, Hop has the right to inspect the damages and deficiencies on the vehicle after the return date and inform the USER.
9.2. In the event that the USER does not comply with any article of this Agreement, especially if he/she does not deliver the vehicle at the end of the rental period, Hop is authorized to immediately take back and confiscate the rented vehicle regardless of where it is and terminate the rental process without the need for prior warning, permission or judgment. The USER is obliged to pay the damages and expenses that may occur while the vehicle is taken back and confiscated by Hop.
9.3. The vehicle is deemed to be returned and the rental process is considered as ended, when the vehicle is closed by accessing the mechanism on the vehicle via the Application with the USER’s mobile phone and the vehicle is locked to a fixed point with the lock on the vehicle and then a photo of the fixed vehicle is taken and sent via the Application.
9.4. Maximum rental period is 12 hours and the USER has to terminate the usage before the maximum rental period expires. The USER may rent the vehicle again, after terminating the usage before the maximum rental process expires. If the USER does not terminate the usage at the end of the maximum rental period, Hop has the right to end the usage over the system. Hop’s preference to not exercise this right on time and/or at no time does not give the USER the right to not pay for the usage exceeding the maximum rental period and to avoid other contractual/legal responsibilities.
10. RIGHT TO TERMINATE AND EXPIRATION OF THE AGREEMENT
10.1. Hereby agreement will enter into force on the date of signature (approval of the user agreement on the application) and is valid for 1 (one) year. Unless one of the parties gives written notification at the latest 15 days before the expiry date of the Agreement, the agreement will automatically be extended in one-year periods.
10.2. If deemed necessary, any of the parties has the right to terminate this Agreement unilaterally, without compensation and without any reason, provided that it is notified in writing 15 days before the agreement period.
10.3. In case the USER fails to pay any of Hop’s receivables in a timely and complete manner and/or the USER acts partially and/or completely against any provision of the agreement and/or the vehicle is abandoned anywhere and/or there is a suspicion of breach of trust, Hop has the right to terminate this agreement unilaterally and without compensation, without the need for any notice, warning or judgment.
10.4. In the event of expiration and/or termination of this agreement, the USER’s responsibility remains about the rental transactions made by the USER within the agreement period.
11. TRANSFER AND ASSIGNMENT
11.1. Hop has the right to transfer and assign its rights and obligations under this Agreement, partially and/or completely, to any person or organization of its choice, without the USER’s permission.
11.2. The USER cannot transfer and assign his/her rights and obligations under this agreement, partially and/or completely, without Hop’s written consent
12.1. The parties accept that; all kinds of commercial, professional information and personal data about the other party that they will know in accordance with this Agreement are confidential and undertake that this information will not be disclosed to third parties by the aforesaid parties or their employees, during and after the Agreement. This privacy commitment remains valid even if this Agreement is terminated. Parties agree and declare that; they will compensate all kinds of damages suffered by the other party in the event they violate the obligation of privacy.
13. PROTECTION OF PERSONAL DATA
13.1. Hop accepts and undertakes in advance to protect the information it has acquired within the scope of this Agreement, in accordance with all the rules and obligations brought pursuant to the Protection of Personal Data Law No. 6698 and the applicable legislation, and in this context, to comply with the principles and obligations regarding the protection and processing of any Personal Data about the USER and to be personally responsible in case of violation of these.
13.2. In this context, except for the personal data of the USERS that is obligatory to be acquired, processed or shared with third parties and/or organizations for the performance of the vehicle rental service subject to this Agreement, Hop cannot process Personal Data, including but not limited to the ones listed, cannot use it for the wrong purposes and cannot transfer it to third parties, without the prior express consent of the relevant USER.
13.3. Hop is obliged to take all necessary technical and administrative measures in order to prevent the illegal processing and access of the Personal Data it has acquired and processed in accordance with the law within the scope of this agreement and to ensure the preservation of this Personal Data.
13.4. Hop cannot disclose the Personal Data obtained about the USER to anyone else contrary to the provisions of the Protection of Personal Data Law No. 6698 and cannot use it other than for the purpose of providing services specified in this Agreement. This obligation remains valid even if this Agreement is terminated.
13.5. In the event that the USER’s Personal Data is obtained by anyone else illegally, Hop will immediately inform the USER and support the USER about the technical and administrative measures in order to avoid any damage or prevent the growth of existing damage. In this context, within the framework of the application to the Protection of Personal Data Board, upon the request of the USER, necessary explanations will be provided in writing.
13.6. In the vehicles supplied by Hop for rental process within the scope of this Agreement, there are devices like tracking systems that collect and record the Personal Data of the USER in order to provide services subject to the Agreement such as; the operation and closure of the vehicle, calculating the distance and time covered by the vehicle and determining the vehicle’s location etc. and to perform other necessary operational actions and the vehicles are monitored with the aforesaid systems and location and km information are recorded. When necessary, Hop may disclose these records to relevant official or unofficial third parties/organizations, for security reasons or for use in legal/judicial proceedings/investigations.
13.7. The USER accepts and declares that he/she has read and approved the Clarification Text attached to this Agreement.
14.1. No statement in this Agreement indicates that there is an exclusivity relationship between the parties. The parties agree and declare that the USER has the right to get similar services from third parties.
15.1. Turkish Law will be applied in the interpretation of this Agreement and/or in all disputes that may occur due to this Agreement and/or between the parties and Ankara Central Courts and Enforcement Offices are authorized to solve disputes.
16.1. In the following cases, the USER accepts Hop’s right to terminate this Agreement and/or the right to claim real damages and/or the other rights given to Hop with this Agreement and also accepts to be imposed the following penalties by Hop:
- In case of violation of the Article 8.2., a penalty of up to 300 TL will be imposed. (making someone else use),
- In case of violation of the Article 8.6., a penalty of up to 300 TL will be imposed. (use out of service area),
- In case of violation of the Article 8.8., a penalty of up to 300 TL will be imposed. (improper use),
- In case of violation of the Article 8.9., a penalty of up to 300 TL will be imposed. (leaving out of service area)
- In case of violation of the Article 8.10., a penalty of up to 300 TL will be imposed. (modification without permission)
- In case of violation of the Article 8.11., a penalty of up to 6000 TL will be imposed. (damaging the tracking and security system)
- In case of violation of the Article 8.12., a penalty of up to 6000 TL will be imposed. (damaging the vehicle)
- In case of violation of the Article 8.13., a penalty of up to 6000 TL will be imposed. (improper use of credit cards)
- In case of violation of the Article 8.20., a penalty of up to 12000 TL will be imposed. (vehicle out-of-service)
- If the vehicle is parked in violation of the rules in the parking area, a penalty of up to 200 TL will be imposed.
- In case of using public transportation with the vehicle, a penalty of up to 200 TL will be imposed.
16.2. The USER accepts and consents in advance that; Hop has the right to collect the above mentioned fines from the credit card registered in the Application without the need for any notification.
17. OTHER PROVISIONS
17.1. Hop reserves the right to make unilateral changes in this Agreement and membership conditions. The USER will be informed about these changes through the Application.
17.2. The parties accept, declare and undertake that; the addresses written in this Agreement are their legal notification addresses and unless the address change is notified in writing to the other party within 3 days, the notifications to be sent to these addresses will cause all legal consequences of the valid notification.
17.3. The parties’ failure to exercise or delay in exercising any right or power given in this Agreement does not mean an abandonment of aforesaid right or power and the single or partial use of a right or power does not prevent the subsequent exercising of that or any other right or power.
17.4. If any provision in this Agreement is regarded as invalid or unenforceable for any reason, other provisions of the Agreement will remain in force.
All terms of this Agreement have been accepted by the USER by being approved electronically and the Agreement will come into force after the USER fills in the registration form.