User Agreement

1. Parties

1.1. This User Agreement is entered into by and between Hop Teknoloji A.Ş. (hereinafter referred to as "Hop") (MERSIS NO: 0463108096300001) (Tax Identification Number: 4631080963) (Authorization Certificate No: BKN.E-S.1080440.1) and the individual who accepts/approves this agreement through the application (hereinafter referred to as "User").

2. DEFINITIONS

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: Hereby User Agreement for renting these vehicles,

DISTANCE FEE: 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,

TARIFF : Price list containing the opening fee and per-minute fee as determined by Hop and published in the Hop Application.

PERSONAL DATA: In 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 Mobile application,

WEB SITE: hoplagit.com web site,

RENTAL PERIOD: Rental period of vehicles.

3. SUBJECT

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. MEMBERSHIP

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 declares and guarantees that the personal information provided during the membership process, such as name, surname, date of birth, national identification number, address, email, and contact information, is accurate and complete, and that any changes in this information will be immediately updated through the Application. The User acknowledges that they are solely responsible for any legal disputes and damages arising from incomplete, outdated, or incorrect information.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. In the event of unilateral termination of this Agreement by Hop, the termination shall not be interpreted as Hop waiving its right to compensation for damages.

4.5. The User acknowledges and agrees that the information provided during the membership phase will be recorded and stored in the system, the driver's license conditions must meet the rental conditions stated in the Application, the User must be at least 15 years old, the activation and operation of the system through a mobile phone requires the phone used during registration to be present and operational during rental, pickup, and termination of the rental, and the vehicle must be securely locked with a stand lock and locked to a fixed point in a manner that does not obstruct sidewalks, bus stops, pedestrian, disabled and access paths, property entrances/exits, or traffic flow. In the event of failure to end the rental for any reason, the User must immediately notify Hop Customer Services and agrees not to rent the vehicle if these conditions are not met.

5. RENTING

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.

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.If the User does not provide the aforementioned documents, Hop will not proceed with the rental.

5.3. The User acknowledges and declares that all transactions made through the Application and all transactions made using the email address and mobile phone provided to Hop are under their own responsibility and are done with their consent. The rental is considered to have been made once the User physically accesses the vehicle and communicates with the vehicle via the Application using the User’s mobile phone. The User is personally responsible for all operations such as canceling the rental request made through the Application, reporting errors and defects in the vehicle, starting the vehicle, and all transactions made through the email address and mobile phone provided to Hop. In all transactions made through the Application, Hop's records shall prevail, and the User irrevocably accepts all records and documents produced by Hop.

6. OPENING FEE, DISTANCE FEE, AND DEPOSIT

6.1. The opening fee and distance fee applicable to vehicle rentals are the fees announced in the Application by Hop. Fees in the price lists may vary. Hop has the right to change and cancel the declared fixed opening 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 pre-accepts the new tariff and pricing to be announced in the Application. The User pre-accepts that the fee tariff may vary depending on the User’s location and/or the vehicle to be rented.

6.2. Rental fees are priced based on the rental duration. Hop's records regarding the rental duration are valid and are the basis for all calculations.

7. PAYMENT

7.1. The User accepts, declares, and undertakes to pay the rental fees related to rentals made under this Agreement, traffic fines, costs for damages/losses due to scooter usage, parking and towing fees, service charges, all kinds of damages, moral and material compensations, and similar expenses against third parties, and all other costs arising from this Agreement and the rental process, along with their interest and VAT amounts.

7.2. After the end of use, the User shall make the payments regarding the rental transactions in cash, with the registered credit/debit card, prepaid card, public transportation card, and other payment instruments 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/debit card, prepaid card, public transportation card, and similar payment instruments 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/debit card, prepaid card, public transportation card, and similar payment instruments information in the system without defining a new credit/debit card, prepaid card, public transportation card, and similar payment instruments.

7.3. User accepts, declares, and undertakes that in the event of any outstanding debt and/or penalty, Hop may perform collections through the credit/debit card or prepaid card registered in the system. Hop reserves the right to suspend or cancel the User’s membership, refuse rental requests, collect debts and penalties, and initiate legal proceedings in such cases.

8. GROUP RIDE

8.1. When the User initiates a group ride through the application, allowing multiple users to use vehicles, the User accepts, declares, and undertakes that each user participating in the Group Ride will comply with all the terms of this Agreement.

8.2. The User must be at least 18 years old to receive Group Ride services. The User accepts, declares, and confirms that drivers participating in the group ride through their account must be at least 15 years old, and will provide their names/surnames and other information accurately and completely if requested.

8.3. The User accepts, declares, and undertakes that the Group Ride feature may be disabled by Hop in case of non-compliance with the conditions set out in this article.

8.4. The User accepts, declares, and undertakes to cover all fees arising from the use of drivers participating in the Group Ride.

9. USE AND RESPONSIBILITY OF THE VEHICLE

9.1. The User accepts, declares, and undertakes that they are obliged to use the rented vehicle within the framework of the rules specified in the Regulation, the Highway Traffic Law No. 2918, and other relevant legislations, and cannot benefit from the services if they are under 15 years old, even with parental and/or guardian consent.

9.2. Upon commencement of the rental the User accepts, declares, and undertakes to use the vehicle in accordance with the conditions stated in this Agreement, to pay the rental fee and other fees/costs specified in this Agreement, including the related VAT, to end the rental as indicated in the Application, to return the vehicle in a complete and undamaged condition, and to accept all matters stated in this Agreement.

9.3. Except for the Group Ride feature that allows multiple users to use the vehicle through the Application, the vehicle cannot be used and/or made available for use by anyone other than the User who performed the rental transaction. No person, for any reason whatsoever, has the right to use the vehicle other than the person who conducted the rental transaction.

9.4. The User who conducts the rental transaction shall not carry any other persons or loads, excluding personal items that can be carried on the back, with the vehicle. The User shall solely be responsible for all damages, faults, or costs incurred due to such unauthorized use or carriage. Hop reserves the right of recourse against the User for any such expenses. The User acknowledges and undertakes that Hop has the right to collect these expenses through the payment methods registered on the Application, including but not limited to credit cards, bank cards, pre-paid cards, and public transport cards.

9.5. The User agrees and undertakes to strictly adhere to the current legislation, the provisions of this Agreement, and the vehicle usage guidelines published on the Application, showing necessary care and attention in the use of the vehicle. Before receiving the vehicle, the User is obliged to visually inspect the vehicle's charge level, condition, tires, mudguards, lights, and brakes to ensure they are sufficient for the intended journey. Should any damage be identified, the User must immediately inform Hop and shall not use the vehicle; if the rental has already started, it must be terminated immediately. Failure to comply with these obligations renders the User liable for all resultant damages.

9.6. During the use of the vehicle, the User shall consider risks and dangers such as motorized/non-motorized vehicles, pedestrians, traffic flow, vehicular or component malfunctions, road conditions and quality, weather conditions, and similar risks, and shall be solely responsible for any damages that may arise.

9.7. The User agrees, declares, and undertakes the following: To use the vehicle in compliance with applicable laws and legal responsibilities, adhering to the safety measures specified in the Regulations and the Application; to commit to operating the vehicle within the designated areas allowed for driving and to conclude the rental within these boundaries; shall not terminate the rental in areas where parking is prohibited and will not use the vehicle in areas where driving is prohibited. The User assumes full responsibility for any liabilities, damages, or losses that may arise from operating the vehicle outside the limits specified in the Application, failing to adhere to the stated safety measures, violating legal obligations, disrupting public order, infringing on private property rights, obstructing the safe and independent movement of pedestrians, individuals with disabilities, or those with limited mobility. This responsibility also extends to situations involving the theft of the vehicle. Hop retains the right of recourse against the User for any expenses incurred due to these reasons and has the right to recover these costs through the payment methods registered on the Application, including but not limited to credit cards, bank cards, pre-paid cards, and public transport cards. The User has preemptively accepted and agreed to this arrangement regarding the collection of such expenses by Hop.

9.8. 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:

  • Transporting items contrary to Customs Legislation and other laws,
  • Engaging in illegal activities,
  • Boarding public transport vehicles or being transported in private vehicles,
  • Pushing or towing any vehicle or object,
  • Transporting passengers or goods for commercial purposes,
  • Carrying personal loads or items in a manner that may damage the vehicle or exceed its carrying capacity,
  • Operating the vehicle under the influence of drugs or alcohol,
  • Participating in bets and races,
  • Using the vehicle in unsuitable terrains or conditions (e.g., sand, mountainous terrain, riverbeds, swamps),
  • Operating the vehicle without necessary safety equipment (e.g., helmets, knee pads, elbow pads),
  • Violating traffic rules stipulated 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/debit card, prepaid card, public transportation card, and similar payment instruments registered in the Application and the User has accepted and consented to this situation in advance.

9.9. The User undertakes not to make any alterations to the vehicle, including removing or altering stickers or writing on the vehicle, without Hop's written permission. The User is responsible for restoring the vehicle to its original state and for all damages incurred due to such actions. Hop reserves the right to unilaterally terminate this Agreement without notice or warning and to take legal action in case of misuse or suspicion of abuse.

9.10. The User accepts and undertakes to pay for all mechanical and electrical damages and losses caused by their misuse, carelessness, negligence, or similar reasons on the vehicle, which was received in good and working condition.

9.11. In the event that the User deletes the credit/debit card, prepaid card, public transportation card, and similar payment instruments registered on the Application during the rental process, or if Hop determines that credit/debit card, prepaid card, public transportation card, and similar payment instruments are incapable of covering the expenses under this Agreement, or if it is found that the credit/debit card, prepaid card, public transportation card, and similar payment instruments are used without the consent of their rightful owner, the User authorizes Hop to immediately reclaim and seize the vehicle without prior notice, permission, or judgment, wherever it may be. The User agrees not to make any claims against Hop due to the termination of the vehicle rental transactions for these reasons.

9.12. The User acknowledges that Hop is not liable to the fullest extent permitted by current laws for any accidents occurring during the service use, regardless of adherence to safety measures, except in cases of technical faults. The User accepts personal responsibility for any injuries, fatalities, or accidents that might result from foreseeable or unforeseeable misuse or non-compliance during the service use, including the responsibility for all related claims, demands, damages, losses, and all associated legal and criminal liabilities, including costs, litigation expenses, and attorney fees.

The User is obligated to immediately report any accidents, collisions, damages, personal injuries, theft, or loss of the vehicle to Hop and the appropriate authorities. Failure to comply with this reporting obligation means the User accepts legal and criminal responsibility for all resultant damages, costs, expenses, attorney fees, and litigation expenses, without limitation.

The User acknowledges and undertakes joint and several liability with other users participating in Group Ride for any penalties, damages, losses, compensations, and claims that may arise directly or indirectly from the Group Ride, even if the User is not at fault for the incident.

9.13. Once the vehicle rental has commenced, the User is obligated to exercise due care and take necessary precautions to prevent the theft or damage of the vehicle and its parts. In the event of any loss, material damage, theft, or accident, the User must promptly report to the appropriate law enforcement or judicial authorities, and to institutions such as hospitals as relevant to the nature of the incident and also required to present the official reports of such incidents to Hop.

9.14. The User pre-emptively agrees and undertakes not to hold Hop responsible for any loss, damage, or theft of goods carried in or left in the vehicle during its use.

9.15. Throughout the rental period the User acknowledges, declares, and undertakes responsibility for all types of damages, both material and immaterial, compensations, and similar expenses that may arise against third parties. Hop reserves the right of recourse against the User for any such expenses it is required to pay due to these reasons. Hop retains the right to collect these costs via the credit card, bank card, or pre-paid card registered in the Application, and the User has preemptively assented and agreed to this arrangement.

9.16. Even after the termination of this Agreement, the User’s responsibilities arising from any damages caused due to the negligent actions of the User and/or users during the rental period, or due to strict liability under the relevant legislation and this Agreement, shall continue.

10. RETURN OF THE VEHICLE

10.1. The User agrees to return and deliver the vehicle in the same complete and undamaged condition as received. The User is responsible for any damages, losses, or deficiencies identified upon return of the vehicle that are beyond normal use, and is obligated to immediately pay the amount determined by Hop. Additionally, Hop has the right to inspect the vehicle for damages and deficiencies after the return date and notify the User accordingly.

10.2. Should the User fail to comply with any provision of this Agreement, particularly failing to return the vehicle at the end of the rental period, the User grants Hop the authority to immediately reclaim and seize the vehicle wherever it may be, without prior warning, permission, or judgment. The User is liable for any damages and expenses incurred during the reclamation or seizure of the vehicle by Hop.

10.3. The User agrees that upon concluding the rental, the vehicle will be considered returned and the rental ended when the following conditions are met at the final destination: the vehicle's stand is properly deployed to prevent it from tipping over, it is securely locked to a fixed point using the lock on the vehicle, and a clear photograph of the stationary vehicle is taken. The User acknowledges that parking the vehicle on short poles, fire hydrants, bollards, medians, shutters, garbage containers, or on paths meant for disabled access, locking it in an improper manner or with a different lock, securing it to oneself or another vehicle, or leaving it unlocked are all considered equivalent violations. The User is responsible for all damages arising from such violations.

10.4. The maximum rental duration for all types of rides is 3 hours, and the User must terminate the use and/or group rides before the maximum rental period ends. After terminating the use before the maximum rental period, the User may re-rent the vehicle. If the User fails to terminate the use at the end of the maximum rental period, Hop has the right to terminate the use through the system. Hop’s failure to exercise this right in a timely manner or at all does not exempt the User from paying for usage exceeding the maximum rental period and does not absolve them from other contractual/legal obligations.

11. RIGHT TO TERMINATE AND EXPIRATION OF THE AGREEMENT

11.1. Either party may terminate the Agreement at any time by providing written notification to the other Party.

11.2. In the event that the User fails to pay any of Hop's receivables in a timely, complete, and accurate manner, and/or if the User acts in partial and/or complete violation of any provision of the Agreement, and/or if the vehicle is found abandoned anywhere, and/or if there is a suspicion of breach of trust, or if the information and/or documents provided by the User are incorrect or not in compliance with this Agreement and its rules, Hop shall have the right to unilaterally and without compensation terminate this Agreement immediately, without the need for any notice, warning, or legal judgment.

11.3. Even in the event of the termination of this Agreement for any reason, the User’s responsibilities arising from this Agreement will continue. In this context, the User acknowledges, declares, and undertakes that Hop may approach them for the collection of all debts and damages owed to Hop.

12. TRANSFER AND ASSIGNMENT

12.1. 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.

12.2. The User cannot transfer and assign his/her rights and obligations under this agreement, partially and/or completely, without Hop’s written consent.

13. PRIVACY POLICY AND NOTIFICATIONS

13.1. 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.

14. PROTECTION OF PERSONAL DATA

14.1. 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.

14.2. 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.

14.3. 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.

14.4. 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.

14.5. 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.

14.6. 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.

14.7. The personal data provided and consented to be shared by the User with Hop will be collected and processed by Hop in accordance with the principle of confidentiality. This is for the purpose of fulfilling the obligations set forth in this User Agreement, executing the necessary applications for Hop's activities, providing various benefits to the User, and for the purpose of conducting advertising, sales, marketing, surveys, and similar types of electronic communications, profiling, statistical studies specifically tailored to the User. The User acknowledges and declares their consent for their personal data to be used and stored by Hop in this manner.

15. NON-EXCLUSIVITY

15.1. 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.

16. AUTHORIZATION

16.1. 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.

17. PENALTIES

17.1. 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 9.3., a penalty of up to 600 TL will be imposed. (making someone else use except for Group Ride),
  • In case of violation of the Article 9.7., a penalty of up to 600 TL will be imposed. (use out of service area),
  • In case of violation of the Article 9.8., a penalty of up to 600 TL will be imposed. (improper use),
  • In case of violation of the Article 9.2., a penalty of up to 600 TL will be imposed. (leaving out of service area)
  • In case of violation of the Article 9.9., a penalty of up to 6000 TL will be imposed. (modification without permission)
  • In case of violation of the Article 9.9., a penalty of up to 12000 TL will be imposed. (damaging the tracking and security system)
  • In case of violation of the Article 9.10., a penalty of up to 12000 TL will be imposed. (damaging the vehicle)
  • In case of violation of the Article 9.11., a penalty of up to 12000 TL will be imposed. (improper use of credit cards)
  • In case of violation of the Article 9.13., a penalty of up to 30000 TL will be imposed. (vehicle out-of-service)
  • If the vehicle needs to be moved and parked to another location by Hop from where it was parked, a penalty of up to 300 TL will be applied for each occurrence.
  • If the vehicle is parked in violation of the rules at the location where it is parked, a penalty of up to 2000 TL will be applied.
  • In case of using public transportation with the vehicle, a penalty of up to 600 TL will be imposed.

17.2. The User accepts and consents in advance that; Hop has the right to collect the above mentioned fines from the credit cards/bank cards, pre-paid cards, public transport cards, and similar payment instruments registered in the Application without the need for any notification.

18. PROPERTY RIGHTS

18.1. The User does not have the right to use Hop's registered trademark and logo; the ownership of the trademark and logo belongs to Hop, and their unauthorized use is prohibited. All rights related to Hop’s commercial trademark are reserved.

18.2. Hop's website, Application, advertising materials, and other written or visual contents are the property of Hop. Unauthorized use of these contents is prohibited.

18.3. The copying, modifying, and reverse engineering of the codes of the Application developed by Hop for commercial or other purposes, including but not limited to these actions, is prohibited. The User acknowledges, declares, and undertakes that they cannot hold Hop liable for any disputes or damages that may arise from these or similar actions.

18.4. The User acknowledges, declares, and undertakes responsibility for any damages Hop may incur due to actions in violation of this clause.

19. EVIDENTIARY AGREEMENT

19.1. The parties agree, declare, and undertake that in any dispute arising from this Agreement, Hop's commercial books and records, information in its database, electronic and system records, correspondences in instant messaging applications, emails, and social media correspondences shall be considered binding, exclusive, and conclusive evidence under the evidentiary agreement.

20. OTHER PROVISIONS

20.1. 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 three (3) days, the notifications to be sent to these addresses will cause all legal consequences of the valid notification.

20.2. 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.

20.3. If consent is obtained from the Users, Hop retains the unilateral right to issue an insurance policy for any personal life dangers occurring due to the use of services provided under this Agreement and for any type of damages that may be inflicted on real and/or legal persons during driving.

20.4. Should any provision of this Agreement be deemed invalid or unenforceable for any reason, the other provisions of the Agreement shall remain in effect.

20.5. All terms of this Agreement have been accepted by the User through electronic approval.

20.6. Hop, at its sole discretion, may unilaterally make changes, amendments, and improvements to this Agreement without seeking the consent of the User. Should any changes be made to the Agreement, Hop will publish the updated Agreement, which will be effective and in force from that moment onward. All existing and new Users will be subject to the terms and conditions of the updated Agreement. Continued access to and use of the services by the User after changes to the Agreement implies acceptance of the revised terms.