MOTOHELLO MOTORCYCLE RENTAL TERMS AND CONDITIONS
Website Publication • 5 August 2026
IMPORTANT INFORMATION
This text is the general rental conditions and usage rules published on the MotoHello website. Rental-specific motorcycle, date-time, price, mileage, deposit, protection package, additional service and delivery information are shown in the Rental Information and Confirmation Form. In case of conflict, mandatory legislative provisions in favor of the consumer and provisions specifically agreed upon for the lease and presented to the Renter via permanent data storage shall apply.
CONSUMER RIGHTS AND PRINCIPLES OF INTERPRETATION
These Terms is implemented together with the Turkish Code of Obligations No. 6098, Consumer Protection Law No. 6502, Highway Traffic Law No. 2918, Personal Data Protection Law No. 6698 and relevant secondary legislation. No comment can be made that eliminates the consumer's inalienable rights arising from the law or creates an imbalance to the detriment of the consumer contrary to the rule of honesty. MotoHello's liability arising from its gross negligence cannot be excluded. If a provision is open to more than one interpretation, the principle of interpretation in favor of the consumer is observed in consumer transactions.
TRANSPARENCY OF FEES AND DOCUMENTATION
Fees, expenses, damage, service, delay, cleaning, fuel, mileage, towing, parking or similar requests other than the rental fee; The tariff announced before the reservation must be compatible with the contract, delivery-return records and real/measurable costs. An additional fee, which must be notified in advance in accordance with the legislation, cannot be requested without due notification and approval. Duplicate collections cannot be made when calculating the damage; Amounts collected from insurance or third parties are deducted from the same loss item.
LEGAL NATURE OF PROTECTION PACKAGES
Insurance packages offered by MotoHello named CDW, SCDW, mini damage, tire-glass-headlight or similar are not insurance policies unless it is clearly stated otherwise and the policy is issued by the authorized insurer; These are additional services that limit the Renter's contractual damage liability under certain conditions. Scope, exemption, maximum limit, exception and invalidity are clearly displayed before booking. The scope of compulsory traffic insurance and automobile insurance/IMM policies, if any, is subject to the relevant policy and mandatory legislation.
DISTANCE RESERVATIONS
In reservations made over the internet or over the phone, provider information, basic features of the service, total price, additional costs, payment, cancellation, refund and complaint methods are clearly displayed before the order and presented to the Renter with a suitable permanent data recorder. The scope of the right of withdrawal for motorcycle rental services to be performed on a certain date or period and the exception in the legislation, if any, are also explained before the reservation. This provision cannot be interpreted as providing less protection to the consumer than the legislation.
SECTION 1
These MotoHello motorcycle Rental Conditions ("Terms") set out the general framework of the motorcycle rental services offered by MotoHello. Renter may review these Terms before completing the reservation or rental transaction; Lease-specific information is also provided on the Lease Information and Confirmation Form. The Renter accepts that he has had the opportunity to read and evaluate these Conditions, Rental Information and Approval Form, delivery-return records, price and assurance information presented to him during the reservation or rental confirmation. PDPL Privacy Notice, explicit consent and commercial electronic message permissions are presented with separate texts and approval mechanisms in accordance with their legal nature.
ARTICLE 1 – DEFINITIONS
In these Terms; MotoHello refers to the motorcycle rental business operating under the MotoHello brand, Rental Provider the legal owner of the Motorcycle or the business with the right to rent it, Renter the natural or legal person renting the Motorcycle, Additional Driver Rental Provider the driver approved in writing and recorded in the contract, motorcycle the motor motorcycle subject to these Conditions, motorcycle and the Delivered Elements This expression refers to the license, plate, ignition key, spare key (if any), helmet, gloves, reflective vest, phone holder, topcase, disc lock, chain lock, GPS device, tracking system, charging cable (in electric models), user manual and all other accessories delivered with the motorcycle.
ARTICLE 2 – SUBJECT OF THE CONTRACT
The subject of these Terms; It regulates the rights and obligations of the parties regarding the rental of the motorcycle specified in the Rental Information and Approval Form by Renter for the determined period and for the determined fee. motorcycle can only be used in accordance with the conditions specified in this agreement.
ARTICLE 3 – DELIVERY
The Renter accepts that he checked the exterior bodywork, fairings, paint condition, seat, tires, rims, brakes, mirrors, headlights, signals, stop lights, screen, mileage information, fuel level, equipment and accessories before taking delivery of the motorcycle. All damages not specified in the digital or physical damage assessment form issued at the time of delivery constitute the presumption that the motorcycle has been delivered in good condition. The delivery record creates a presumption that can be proven otherwise with all kinds of legal evidence in terms of the current situation. The Renter reserves the right to object with photographs, videos, written notifications or other evidence at the time of delivery.
ARTICLE 4 – RETURN
The Renter must deliver the motorcycle in the same condition to the branch where he received the motorcycle, to a different delivery point specified in the contract, or to another address notified in writing by Rental Provider. During the return, mileage, fuel, equipment, accessories, cleaning and damage are checked. The Rental Provider's rights are reserved in terms of hidden damages detected after delivery.
ARTICLE 5 – RENTAL PERIOD
The rental period is stated in the Rental Information and Approval Form. One day rental is 24 hours. An hourly fee may be applied for delays of 0-60 minutes from the specified delivery time, and a full-day rental may be applied for delays exceeding 60 minutes. Rental Provider also reserves the right to claim damages that may occur due to reservation density.
ARTICLE 6 – EXTENSION OF RENTAL TERM
The Renter must request any extension before the scheduled return time. The Rental Provider may approve or refuse the request on reasonable operational, availability, payment or risk-management grounds. An extension is valid only after written or electronic confirmation and payment of any additional amount. Failure to return the motorcycle without approval constitutes a material breach. Subject to applicable law, the Rental Provider may use lawful GPS, camera, licence-plate recognition, toll and other records to locate and recover the motorcycle.
ARTICLE 7 – MOTORCYCLE NOT DELIVERED
If the motorcycle is not returned when due, the Rental Provider may contact the Renter, notify law enforcement where legally justified, arrange lawful recovery or towing, and pursue available civil or criminal remedies. The Renter is responsible only for reasonable, documented and legally recoverable costs caused by the breach, including towing, parking, recovery, notary, enforcement and legal expenses. Mandatory consumer protections and the duty to mitigate loss remain applicable.
ARTICLE 8 – RIGHTS OF PROPERTY
Ownership of the rented motorcycle does not pass to the Renter in any way. The Renter The motorcycle cannot be sold, transferred, pledged, rented, entrusted or used by third parties.
ARTICLE 9 – INTEGRITY OF THE CONTRACT
These Terms operate together with the Rental Information and Approval Form, Motorcycle Delivery and Return Form, damage records, equipment record, disclosed price list, reservation and cancellation terms, protection package conditions and digital approval records. The PDPL Privacy Notice, explicit-consent text and commercial electronic-message consent are legally distinct documents and are presented separately where required.
SECTION 2
ARTICLE 10 – QUALIFICATIONS OF THE RENTER
To rent a motorcycle, the Renter must present a valid Turkish identity document or, for a foreign national, a valid passport and any other document reasonably required by law; hold a valid driving licence suitable for the motorcycle class; have no applicable suspension or disqualification; and complete proportionate identity, payment and security checks. MotoHello may refuse a rental where verification cannot be completed, licence or payment requirements are not met, fraud or safety risk exists, the motorcycle is unavailable, or another objective operational reason applies. This discretion may not be exercised unlawfully or discriminatorily.
ARTICLE 11 – AGE AND LICENSE CONDITIONS
The Renter must satisfy the age, licence-class and experience requirements disclosed for the selected motorcycle and required by current Turkish law. Use of an A1-class motorcycle with a category B licence is permitted only where all statutory conditions are fulfilled, including the required category-B experience, health requirements, driving training, practical test, system endorsement and any restriction relating to commercial use. MotoHello may impose proportionate higher age, experience, deposit or protection requirements for premium or higher-powered motorcycles, provided these are disclosed before booking.
ARTICLE 12 – ADDITIONAL DRIVER
Rented motorcycle only; It can be used by a) Renter or b) Additional Driver expressly stated in the Contract. Additional driver; a) identity, b) driver's license, c) contact information must be recorded in the contract. Allowing third parties to use the motorcycle without adding an additional driver is considered a serious breach of contract. In this situation; a) all insurance and security packages become invalid, b) Renter is responsible for all damages incurred.
ARTICLE 13 – IDENTITY AND INFORMATION VERIFICATION
The Rental Provider Renter's; It can check a) identity information, b) driver's license information, c) telephone number, d) e-mail address, e) address, f) payment information, g) Findeks or similar financial evaluations, h) open source verifications. In case of incorrect information; Rental Provider may terminate the contract unilaterally.
ARTICLE 14 – SECURITY ASSESSMENT
The Rental Provider Within the scope of risk analysis; a) Findeks, b) payment history, c) previous rentals, d) damage records, e) fraud risk, f) blacklist records, g) behavioral risk assessments. Applications deemed risky may be rejected. Renter cannot claim any rights in this regard.
ARTICLE 15 – DEPOSIT
The Renter Before the rental begins, agrees to pay the deposit amount determined by Rental Provider. Deposit; It can be purchased in cash, credit card authorization or blocked form. The Rental Provider motorcycle can determine different deposits according to class, rental period, risk analysis, foreign nationality, payment method and insurance package.
ARTICLE 16 – PROVISION
The Renter provision taken from the credit card; It accepts in advance that it can be used for damage, missing fuel, traffic fines, HGS, highway tolls, bridge crossings, cleaning, lack of equipment, key loss, late delivery, mileage exceedance, towing, expertise, service and other contractual receivables.
ARTICLE 17 – PAYMENT
Rental fee; It is collected by credit card, debit card, money order/EFT, FAST, digital payment systems, cash (if Rental Provider deems it appropriate). Rental Provider has the right to refuse any payment method.
ARTICLE 18 – ADDITIONAL FEES
The following services are charged separately: Additional driver, Helmet, Premium helmet, Gloves, Reflective vest, Phone holder, Topcase, Action camera, Navigation, Raincoat, Knee pads, motorcycle jacket, Theft protection package, Damage protection package, Tire/glass/headlight package, Roadside assistance package, Delivery to the address, Pickup from the address. Fees are determined according to the current price list.
ARTICLE 19 – KILOMETER LIMITS
Hire; It can be done with daily, 10-day, monthly or campaign-specific mileage limits. If the specified limit is exceeded, the mileage excess fee in the current price tariff will be charged for each excess mileage used. Rental Provider reserves the right to change mileage limits during campaign periods.
ARTICLE 20 – DEFAULT AND COLLECTION
If Renter does not pay any debt arising from these Terms on time; is deemed to be in default without the need for a warning. The Rental Provider may claim all receivables including late payment interest, attorney fees, enforcement expenses, notary expenses, collection costs, mediation expenses, trial expenses.
SECTION 3
ARTICLE 21 – INTENDED USE
Rented motorcycle only; It can be used for personal transportation, touristic trips, daily urban use, and commercial activities approved in writing by Rental Provider. Renter accepts and undertakes that it will not use the motorcycle for purposes other than its intended use.
ARTICLE 22 – PROHIBITED USES
Renter cannot perform the following actions: a) Participating in racing, rally, track driving, drag, speed trial, time trials or similar organizations. b) Wheelie (riding on one wheel), stoppie, burnout, drift, powerslide, acrobatic driving, stunt shows or engaging in actions that will cause the motorcycle to be used for purposes other than its normal use. c) Using the motorcycle in driving courses for training purposes. d) Using off-road, terrain, stream bed, beach, sand, gravel, construction site, forest road, field road or on surfaces that do not comply with the technical specifications of the motorcycle. e) Towing or pushing another motorcycle or motorcycle. f) Using the motorcycle in commercial organizations, advertising shoots or promotional activities without the written permission of the renter. g) Using the motorcycle in all kinds of criminal activities.
ARTICLE 23 – COURIER AND COMMERCIAL USE
Leased motorcycle; It cannot be used for moto courier, food distribution, market delivery, e-commerce distribution, package service, freight transportation or passenger transportation. Commercial use is only possible if expressly permitted by Rental Provider within the scope of the "Courier Package". In case of detection of unauthorized commercial use; All security packages become invalid, Rental Provider may terminate the contract immediately, and all damages incurred will be charged to the Renter.
ARTICLE 24 – OBLIGATION TO COMPLY WITH TRAFFIC RULES
The Renter Agrees to comply with all applicable legislation, especially the Highway Traffic Law No. 2918. Traffic fines, administrative fines, parking fines, HGS, OGS, highway, bridge, tow truck, parking lot, ban from traffic, confiscation of driver's license, judicial sanctions are entirely the responsibility of the Renter.
ARTICLE 25 – PROTECTIVE EQUIPMENT
The Renter delivered to him; He accepts that he will use helmet, gloves, reflective vest, knee pads, coat, raincoat and other protective equipment carefully. Equipment; Loss, breakage, theft, damages other than normal use will be covered by Renter.
ARTICLE 26 – ACCESSORIES
Delivered; Phone holder, USB charging system, topcase, inner bag, disc lock, chain lock, GPS device, camera mount and other accessories must be delivered exactly as they are. Incompletely delivered equipment is charged at the current market price.
ARTICLE 27 – KEY
The Renter cannot leave the key to third parties. All costs incurred in case the key is lost, broken, gets water, electronic immobilizer is damaged or the remote control becomes inoperable belongs to the Renter. If the motorcycle needs to be transported with a tow truck due to the key, the tow cost will be covered by Renter.
ARTICLE 28 – WRONG FUEL
All damages that may occur as a result of using incorrect fuel, low octane, dirty fuel, fuel mixed with water, or fuel contrary to the manufacturer's recommendations belong to the Renter. of the engine; Damages that may occur to parts such as injector, fuel pump, ECU, catalyst, exhaust and engine block are not covered by insurance.
ARTICLE 29 – TIRES
The Renter is responsible for checking tire pressures regularly. Driving with low air pressure, continuing to drive with a flat tire, hitting the pavement, bending the rim, deliberately burning the tire, wear caused by drift or burnout are considered user error. These damages are not covered by insurance.
ARTICLE 30 – DAILY CHECK OF THE ENGINE
The Renter In long-term rentals, it is obliged to regularly check engine oil, brake fluid, coolant, chain tension, chain lubrication, tire air and warning lights.
ARTICLE 31 – PROHIBITION OF MODIFICATION
The Renter Without the written permission of the renter, he cannot change the exhaust, install software, change the ECU, remove stickers, have paint done, add accessories, remove the GPS, change the license plate and interfere with the electrical installation.
ARTICLE 32 – WATER AND FLOOD DAMAGE
The Renter The motorcycle cannot be used in areas with floods, streams, seas, lakes, high puddles or flooding. All mechanical damages that occur if the engine gets water are the responsibility of the Renter.
ARTICLE 33 – NATURAL CONDITIONS
The Renter Cannot use the motorcycle in risky areas after storm, hail, heavy snow, forest fire, flood, landslide or earthquake without taking necessary care. Damages caused by risky use belong to the Renter.
ARTICLE 34 – PASSENGER TRANSPORTATION
The Renter cannot carry passengers above the capacity specified in the motorcycle's license. It cannot carry passengers without a helmet. He cannot act contrary to legal regulations regarding the transportation of children.
ARTICLE 35 – Türkiye'S BORDERS
motorcycle; It cannot be taken outside the borders of the Republic of Türkiye without the written permission of the Rental Provider. In case GPS records detect otherwise; All insurance will be void. Renter is responsible for all damages.
ARTICLE 36 – GPS AND MOTORCYCLE TRACKING SYSTEM
The Renter admits that he knew that the motorcycle had a GPS tracking system. GPS; It can be used for security, stolen tracking, maintenance planning, fleet management and delivery time control purposes. Interfering with the GPS device, cutting off its power, dismantling it, disabling it or using a signal blocking device is considered a serious breach of contract. In this case, Rental Provider may terminate the contract immediately and claim damages.
SECTION 4
ARTICLE 37 – OBLIGATIONS OF THE RENTER IN CASE OF ACCIDENT
Renter must fully fulfill the following obligations in case of a traffic accident, one-sided accident, rollover, fall, collision, theft, fire, natural disaster, third party intervention or any event affecting the use of the motorcycle during the rental period. The Renter a) First of all, it will ensure the life safety of itself and third parties. b) He will not leave the scene of the incident. c) Will take all necessary measures to prevent the incident from escalating. d) MotoHello will immediately inform the Call Center or the relevant branch. e) Will act in accordance with the written or verbal instructions of the Rental Provider.
ARTICLE 38 – OFFICIAL DOCUMENT OBLIGATION
The Renter Traffic Accident Report, Police or Gendarmerie report, alcohol report, drug test report if requested, crime scene photographs, motorcycle photographs, driver's license information of the other party, registration information, insurance policy, witness information and camera records, if available, are obliged to provide complete information regarding these. All damages incurred in case of incomplete submission of documents belong to the Renter.
ARTICLE 39 – PHOTO OBLIGATION
The Renter In case of an accident, if possible, the person is obliged to take front view, rear view, right side, left side, damaged area, license plate, road condition, brake marks, traffic signs, opposite motorcycle and surroundings photographs.
ARTICLE 40 – ALCOHOL AND DRUGS
The Renter motorcycle cannot be used under the influence of alcohol, drugs, psychotropic drugs or any substance that may prevent safe driving. If alcohol is consumed even below the legal limit and this has an impact on the accident, Rental Provider has the right to claim all damages from the Renter. In this case, all protection packages become invalid.
ARTICLE 41 – ONE-SIDED ACCIDENTS
In one-sided accidents; The Renter will contact the authorized law enforcement officers where the incident took place, have the necessary reports prepared, and obtain an alcohol report. Unreported one-sided accidents are considered outside the scope of insurance.
ARTICLE 42 – DOUBLE-SIDED ACCIDENTS
Renter in double-sided accidents; It is obliged to prepare a proper Accident Report together with the other party or to call the authorized law enforcement officers when necessary. Renter is responsible for all consequences arising from incomplete, incorrect or improperly prepared minutes.
ARTICLE 43 – NOTIFICATION OF DAMAGE
The Renter In case of accident, damage, theft, fire or any other damage, the customer must report the situation to MotoHello within 2 hours at the latest. No action can be taken on motorcycle without notice.
ARTICLE 44 – TOWING
The Renter cannot use any tow truck other than the one to be directed by MotoHello. If a different tow truck is used outside of an emergency; Towing fee, damage resulting from incorrect transportation and additional service expenses are covered by Renter.
ARTICLE 45 – ROAD ASSISTANCE
MotoHello; It can provide tire replacement, battery support, towing and on-site technical support when deemed appropriate. However; Roadside assistance is charged in cases such as wrong fuel, user error, key loss, battery discharge due to user fault, lock loss, forgotten disk lock.
ARTICLE 46 – DAMAGE DETECTION
The extent, cause and cost of the damage are determined according to the expert, service, distributor or manufacturer reports commissioned by MotoHello. Renter agrees that it will not object to these reports in advance.
ARTICLE 47 – ORIGINAL PART
The Rental Provider only during repair; May use original, OEM, or manufacturer-approved equivalent parts. Renter cannot request lower cost repairs.
ARTICLE 48 – LOSS OF BUSINESS
Loss of income during the period when the motorcycle cannot be rented due to damage can be claimed from the Renter. This period; It covers service, spare parts, expertise, repair, test drive and delivery preparation periods.
ARTICLE 49 – LOSS OF VALUE
In case of loss of second-hand market value of the motorcycle due to the accident; Renter is liable for loss of value that is not covered by insurance.
ARTICLE 50 – EXPERIENCE
Rental Provider may have independent expertise performed if necessary. Expertise fees belong to the at-fault party.
ARTICLE 51 – THEFT
If the motorcycle is stolen The Renter will immediately contact 112, Police, Gendarmerie and MotoHello. Keys, license and other documents are delivered to the Rental Provider as soon as possible.
ARTICLE 52 – PROTECTION CONDITIONS IN CASE OF THEFT
Theft protection is not applied in cases where the key is left in the motorcycle, the ignition is left on, the steering lock is not used, the disc lock is not used even though it has been delivered, the GPS is removed, the key is given to third parties, the license is left in the motorcycle or a false report is made.
ARTICLE 53 – FIRE
All damages arising from fires caused by the Renter's negligence, cigarettes, flammable materials, illegal electrical connections, modifications, inappropriate accessories and similar reasons belong to the Renter.
ARTICLE 54 – NATURAL DISASTERS
In events such as earthquake, flood, landslide, forest fire, hail, storm, lightning; Damages that occur if the Renter does not exercise due care are not covered by the warranty.
ARTICLE 55 – CASES WHERE PROTECTION PACKAGES ARE INVALID
In case of alcohol use, use under the influence of drugs, use without a license, unauthorized driver, racing, wheelie, burnout, drift, stoppie, off-road use, intentional damage, wrong fuel, removal of GPS, failure to provide insurance documents, abandoning the scene of the accident, making false statements, acting against the Rental Provider's instructions or using the motorcycle in criminal activities, all purchased protection packages automatically become void.
SECTION 5
ARTICLE 56 – MANDATORY INSURANCE
The rented motorcycle is insured with traffic insurance, which is mandatory in accordance with the current legislation. These insurances only provide protection within the scope of the policy's general and special conditions and coverage limits. Damages that exceed policy limits, are out of coverage, or are rejected by the insurance company will be covered by Renter.
ARTICLE 57 – ADDITIONAL PROTECTION PACKAGES
If Renter wishes, he can purchase one or more of the protection packages below. Purchased packages are valid only within the terms and limits specified in the contract. The protection packages that can be offered are: Damage Liability Assurance (CDW) Super Damage Assurance (SCDW) Minor Damage Assurance (MI) Tire-Glass-Headlight Assurance (LCF) Theft Assurance (TP) Optional Financial Liability Assurance (IMM) Personal Accident Assurance (PAI) Roadside Assistance Package Exemption Reduction Package Non-Exempt Rental Package (if offered) Rental Provider reserves the right to change, remove or create new packages in line with its operational needs.
ARTICLE 58 – DAMAGE LIABILITY GUARANTEE (CDW)
If the Renter has purchased CDW Assurance; Damages occurring on the motorcycle are evaluated taking into account the policy terms and the exemption amount specified in the contract. Renter is liable for damages up to the specified exemption amount. Damages exceeding the exemption amount are evaluated within the scope of the policy.
ARTICLE 59 – SUPER DAMAGE INSURANCE (SCDW)
If the Renter purchases Super Damage Assurance; The exemption amount to be applied under CDW may be reduced or completely eliminated. However, this assurance; It does not apply in cases of intent, gross negligence, alcohol, drugs, unauthorized driver and non-contractual use.
ARTICLE 60 – MINI DAMAGE INSURANCE
If Mini Damage Assurance is purchased; Minor damages within the limit announced by Rental Provider can be evaluated with the written declaration of the Renter without requiring an accident report. Minor Damage Assurance; It does not apply to major damages, third party damages, mechanical failures, rim damage, chassis damage and safety equipment damage.
ARTICLE 61 – LCF PROTECTION (TIRE – GLASS – HEADLIGHT)
If LCF Assurance has been purchased; Within the limits specified in the policy, damage to the front headlight, rear stop light, signal lamps, windshield (if any), mirror glass and one tire may be covered by the insurance. Tire damage caused by rim bending, rim breakage, racing use, drift, wheelie, burnout, low air pressure, and damage caused by hitting the pavement are not covered by this insurance.
ARTICLE 62 – PROTECTION AGAINST THEFT (TP)
If the Renter has purchased Theft Insurance; In case the motorcycle is stolen, policy terms apply. However, the guarantee does not apply in case of events such as leaving the key in the motorcycle, leaving the ignition on, not using the steering lock, not using the delivered security equipment, false theft notification, gross negligence, embezzlement or abuse of trust.
ARTICLE 63 – OPTIONAL FINANCIAL LIABILITY (IMM)
If IMM Assurance has been purchased; Third party damages exceeding the compulsory traffic insurance limits are evaluated within the additional limits specified in the policy. Damages exceeding policy limits are the responsibility of the Renter.
ARTICLE 64 – PERSONAL ACCIDENT INSURANCE (PAI)
If PAI Assurance has been purchased; The driver and the passengers specified in the policy are covered within the policy limits. This assurance; It is applied in accordance with the general conditions and insurance company policy provisions.
ARTICLE 65 – EXEMPTIONS
No protection package purchased by The Renter does not automatically eliminate the following damages. Damages that can be exempted; It may not cover items such as business loss, loss of value, towing, expertise, cleaning, missing equipment, keys, GPS, accessories, HGS, traffic fines, parking fines, wrong fuel, user fault and mechanical negligence. These items may be collected separately.
ARTICLE 66 – CASES WHERE PROTECTIONS WILL BE CONSIDERED INVALID
All security packages purchased by the Renter become void in the following cases: a) Using motorcycle under the influence of alcohol or drugs. b) Not having a valid driver's license. c) Using the motorcycle by a person who is not registered in the contract. d) Leaving the scene after a traffic accident. e) Failure to prepare the police or accident report in accordance with the procedure. f) Failure to obtain an alcohol report. g) Making an untrue statement. h) Using the motorcycle in racing, speed trials, track use or acrobatic shows. i) Performing wheelie, burnout, drift, stoppie or similar movements. i) Using the motorcycle on off-road, stream bed, beach, sand, swamp or ground that is not suitable for its intended use. j) Using the wrong fuel. k) Continuing to use the engine even though the warning lights are on. l) Dismantling, disabling or blocking the signal of the GPS tracking device. m) Making technical changes or modifications to motorcycle without the written permission of the Rental Provider. n) Intentional damage or gross negligence.
ARTICLE 67 – DAMAGE CALCULATION PRINCIPLES
When determining the damage cost, spare parts cost, labor cost, paint and bodywork expenses, electronic system repair, mechanical repair expenses, towing expenses, expertise expenses, service transportation expenses, replacement motorcycle costs, business loss, loss of value, tax and legal liabilities can be evaluated together. Renter is responsible for amounts not covered by the policy or exceeding the policy limits.
ARTICLE 68 – COLLECTION
The Rental Provider may offset damage, missing fuel, equipment cost, traffic fines, HGS and highway tolls, cleaning, delay, mileage exceedance, loss of business, loss of value, expertise, towing, service and other contractual receivables arising from these Conditions from the deposit or collect them from the payment instrument declared by the Renter at the beginning of the rental. This right does not eliminate the Rental Provider's right to take legal action for its remaining receivables.
SECTION 6
ARTICLE 69 – RENTAL FEE
Renter agrees to pay the rental fee in full at the time of booking or prior to motorcycle delivery via one of the payment methods accepted by Rental Provider. Rental fee; It can be determined according to daily, weekly, monthly, seasonal, promotional, corporate or long-term pricing principles. Rental Provider reserves the right to change campaign and price policies without prior notice.
ARTICLE 70 – RENTAL PERIOD
A rental day is 24 (twenty-four) hours. From the motorcycle delivery time, no fee may be charged for delays of 0 to 59 minutes, an hourly fee may be applied for delays of 60 to 180 minutes, and a full day's rental fee will be charged for delays exceeding 180 minutes. Rental Provider may determine different practices during busy seasons or campaign periods.
ARTICLE 71 – LATE DELIVERY
The Renter If the motorcycle is not delivered on the date and time specified in the contract, it agrees to pay the additional rental fee, delay service fee, customer reservation cancellation loss, operation loss, towing expenses if necessary, and search and pick-up expenses. Third party damages arising from late delivery also belong to the Renter.
ARTICLE 72 – EARLY RETURN
Renter can deliver the motorcycle before the end of the contract. However, no refunds may be made for unused days in rentals where campaign, discount, early booking, package price or corporate price is applied. Refund conditions may vary depending on the booking channel.
ARTICLE 73 – RESERVATION CANCELLATION
Reservation cancellations; It is evaluated according to the cancellation policies announced by Rental Provider. In case of cancellation, bank commissions, payment institution deductions, transaction fees and campaign conditions may be taken into account. Refund time depends on bank transaction processes.
ARTICLE 74 – NO SHOW
The The Renter If the motorcycle is not collected within the specified waiting period from the reservation time, the reservation will be considered "No Show". In this case, the reservation is canceled, motorcycle may be allocated to another customer and no refund may be made depending on the campaign.
ARTICLE 75 – KILOMETER LIMIT
Mileage limits specified in rental packages apply. If the limit is exceeded, the current mileage fee is applied. Rental Provider may set different mileage limits for different motorcycle groups. In case of intervention, removal, replacement or signal jamming in odometers, Rental Provider has the right to determine the actual usage amount by technical inspection.
ARTICLE 76 – FUEL POLICY
motorcycle; It must be returned with the fuel level it was delivered to. In case of delivery with missing fuel; The Rental Provider In addition to the missing fuel cost; may charge a fuel supply service fee. This service fee; It can be applied as a certain proportion of the missing fuel cost or as a fixed amount.
ARTICLE 77 – USE OF WRONG FUEL
If the wrong fuel is used, all tank cleaning, pump replacement, injector, fuel system, engine, tractor, service, loss of work and expertise expenses will be covered by Renter.
ARTICLE 78 – HGS, HIGHWAY AND PARKING FEES
HGS, OGS, highway, bridge, parking and toll fees incurred during the rental period belong to the Renter. The Rental Provider may collect transaction and service fees in addition to the toll fee. Late arrival registrations are also invoiced to the Renter.
ARTICLE 79 – TRAFFIC PENALTY
Traffic fines, parking fines, administrative fines, electronic control system fines, environmental fines, speed violations, safety lane, red light, improper parking and all similar administrative sanctions issued during the rental period belong to the Renter. The Rental Provider may also collect a transaction fee for tracking, reporting, payment transactions and document management of penalties.
ARTICLE 80 – CLEANING FEE
If motorcycle is delivered dirty beyond reasonable usage limits, The Rental Provider may charge additional fees for detailed interior cleaning, exterior washing, sofa cleaning, upholstery cleaning, odor removal, cigarette odor removal, pet hair cleaning and biological waste cleaning.
ARTICLE 81 – CIGARETTES AND TOBACCO PRODUCTS
Also via motorcycle; The use of cigarettes, electronic cigarettes, cigars, hookahs and tobacco products is prohibited. Odor removal, ozone application, detailed cleaning and flooring operations are invoiced to the Renter.
ARTICLE 82 – PET
Transportation of pets is only possible under conditions permitted by the Rental Provider. Scratches, feathers, odors, upholstery damage, gnawing and contamination resulting from not using protective equipment will be covered by Renter.
ARTICLE 83 – EQUIPMENT
The helmet, gloves, reflective vest, phone holder, topcase, luggage, key, license, spare key, alarm remote control, GPS device, tracking device accessories, charging cable, chain lock and disc lock delivered within the scope of the rental are returned in full condition as delivered. The current market price of equipment delivered incomplete or damaged will be charged.
ARTICLE 84 – BUSINESS LOSS COMPENSATION
Due to the fault of the The Renter For each day the motorcycle remains in service, cannot be rented, causes reservation cancellation, or is out of operation; Rental Provider is also entitled to claim loss of business (loss of earnings). This price; The daily rental fee of the motorcycle will be calculated taking into account the reservation density, season, and actual damage.
SECTION 7
ARTICLE 85 – RIGHT OF THE LESSER TO UNILATERALLY TERMINATION OF THE CONTRACT
The Rental Provider In case of justified reason or as a result of commercial risk assessment; may terminate the contract unilaterally without the need for any court decision, warning or additional notice. Some of the justified reasons are; Providing false information, using forged documents, failure to obtain provision, non-payment, creating a security risk, using the motorcycle for purposes other than its intended purpose, suspicion of crime, behavior damaging the commercial reputation of the Rental Provider, acts endangering public security and violation of contractual provisions. In case of termination The Renter is obliged to return the motorcycle immediately.
ARTICLE 86 – AUTHORITY OF THE RENTER TO TAKE BACK THE MOTORCYCLE
The Renter If he does not deliver the motorcycle on time, uses it contrary to the contract, tries to hijack it, hides the delivery location or interrupts communication, The Rental Provider has the right to receive the motorcycle from its location, including law enforcement support. All towing, road, personnel, security, lawyer, enforcement, expertise and storage expenses that will occur during this process will be covered by Renter.
ARTICLE 87 – FORCE MAJEURE
Rental Provider cannot be held responsible for delays that may arise due to earthquake, flood, fire, terrorism, war, strike, pandemic, official authority decisions, transportation stoppage, electricity, internet, communication, payment systems, natural disasters, and other force majeure events beyond the control of the parties. Obligations may be suspended during force majeure.
ARTICLE 88 – NOTIFICATIONS
The address, telephone number, e-mail address and electronic communication addresses declared by the parties in the contract are considered as legal notification addresses. The Renter Unless he/she notifies the address change in writing; accepts that all notifications made to the old address are valid. Notifications made electronically are also considered as written notifications.
ARTICLE 89 – ELECTRONIC CONTRACT AND DIGITAL CONSENT
These Terms can be established via tablet, mobile device, website, mobile application, remote sales system, e-signature, biometric signature, OTP verification, SMS verification, e-mail confirmation or QR verification. The Renter accepts that the approval given electronically has the same legal effect as a wet signature.
ARTICLE 90 – PROCESSING OF PERSONAL DATA
The Renter Within the scope of the Personal Data Protection Law No. 6698, it accepts the processing of identity, contact, driver's license, payment, location, motorcycle usage, camera, GPS, damage, traffic, insurance, call center, reservation and other personal data necessary for the execution of the contract. These data; It may be processed and shared with relevant persons or institutions for the purposes of reservation, rental, risk analysis, security, damage management, collection, legal obligations, insurance transactions, customer services, auditing and requests of public institutions.
ARTICLE 91 – MOTORCYCLE TRACKING SYSTEMS
The Renter accepts that the rented motorcycle may have systems such as GPS, satellite tracking, mobile data, location, remote diagnosis, motorcycle tracking, speed recording, location, working hours, engine data, battery information, fault records and telemetry. These records; It can be used for security, theft prevention, operation, maintenance, legal process, insurance and evidence detection purposes.
ARTICLE 92 – INTELLECTUAL PROPERTY AND COMMERCIAL RIGHTS
The Renter No rights can be claimed over the brand, logo, corporate identity, visuals, designs, website, mobile application, reservation system, software and documents belonging to the Rental Provider.
ARTICLE 93 – EVIDENCE CONTRACT
Parties; Pursuant to the Code of Civil Procedure No. 6100, the Rental Provider's electronic records, ERP system records, camera images, GPS records, motorcycle telemetry records, e-mail records, SMS records, call center voice records, accounting records, bank records, provision records, digital contracts, delivery photographs, expert reports and service records can be put forward as discretionary evidence provided that they are obtained in accordance with the law; He acknowledges that the Renter reserves the right to present counter-evidence.
ARTICLE 94 – PARTIAL INVALIDITY
The invalidity of any provision of these Terms will not affect the validity of the other provisions; Instead of the invalid provision, the legal regulation closest to the will of the party will be applied.
ARTICLE 95 – PROHIBITION OF TRANSFER
The Renter cannot transfer, assign, pledge or sublease its rights and obligations arising from these Terms to third parties without the written consent of the Rental Provider.
ARTICLE 96 – APPLICABLE LAW AND AUTHORITY
The Law of the Republic of Türkiye will apply to these Conditions. Istanbul Anatolian Courts and Enforcement Offices have exclusive authority to resolve any disputes arising from these Terms or in connection with the contract. The Rental Provider reserves the right to file a lawsuit in other competent courts arising from the law.
ARTICLE 97 – ENFORCEMENT
The Renter declares and undertakes that he has read and understood all of these Terms, their annexes, delivery form, damage assessment form, privacy notice regarding the processing of personal data, express consent text, rental rules, pricing principles, insurance and security conditions, and has accepted them with his free will, and signed them without being under any pressure. These Terms come into force as soon as they are signed or confirmed electronically by the parties.
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ARTICLE 98 – GOOD FAITH AND HONESTY RULE
The Parties accept and undertake that they will act in accordance with the rule of honesty of the Turkish Civil Code during the implementation of these Conditions, will not abuse each other's rights and will avoid behavior that would defeat the purpose of the contract.
ARTICLE 99 – TRANSFER OF RISK TO THE RENTER
motorcycle is deemed to have been actually delivered to the Renter upon signing or electronically approving the delivery document. All legal, financial, administrative and criminal responsibilities arising from the protection, preservation, security and use of the motorcycle from the moment of delivery belong to the Renter.
ARTICLE 100 – OBLIGATION TO PREVENT INCREASING DAMAGES
The Renter After any damage, malfunction or accident that occurs, it is obliged to take all reasonable precautions to prevent the damage from increasing. All damages incurred due to violation of this obligation will be covered by Renter.
ARTICLE 101 – OBLIGATION TO PROVIDE INFORMATION
The Renter must immediately notify the Rental Provider of any accident, malfunction, theft, attempted theft, key loss, GPS malfunction, tracking device malfunction, traffic ban, seizure, seizure, capture, enforcement, court decision, security risk and any similar incident. Damages that may occur due to failure to notify belong to the Renter.
ARTICLE 102 – OBLIGATION TO COLLECT PHOTOS AND EVIDENCE
In case of accident or damage The Renter is obliged to make reasonable efforts to identify the scene of the incident, vehicles, license plates, road conditions, traffic signs, brake marks, environment, witnesses and camera records, if any. Damages not covered by insurance due to missing documents will be covered by Renter.
ARTICLE 103 – MOBILE APPLICATIONS AND DIGITAL SYSTEMS
The Renter MotoHello mobile application accepts that the website, smart lock, digital key, QR delivery system, Bluetooth access system, remote delivery system and similar technologies can be used. All damages that may occur in case of misuse of the systems belong to the Renter.
ARTICLE 104 – PROHIBITION OF MODIFICATIONS ON THE MOTORCYCLE
The Renter motorcycle cannot use paint, foil, stickers, advertisements, accessories, software, mechanical changes, electrical installations, GPS removal, camera removal, alarm cancellation, exhaust change, license plate change or any unauthorized changes. Otherwise, all damages and restoration costs will be paid by Renter.
ARTICLE 105 – PROHIBITION OF SUB-LEASING AND COMMERCIAL USE
The Renter Without the written permission of the Rental Provider, the motorcycle cannot be rented again, shared, published on commercial platforms, allocated for use by third parties or operated to generate income. In case of violation of this prohibition, the Rental Provider reserves the right to demand penal clauses along with all damages incurred.
ARTICLE 106 – CORPORATE LEASES
For corporate customers; The drivers who actually use the motorcycle and the Renter company are jointly and severally liable. All damages arising from the fault of a company employee can also be claimed from the company.
ARTICLE 107 – JOINT AND SEVERAL LIABILITY
If there is more than one Renter, Additional Driver, guarantor, company or authorized representative, all of them are jointly and severally liable to the Rental Provider. Rental Provider can claim its full receivables from whomever it wishes.
ARTICLE 108 – NON-WAIVER
The Rental Provider's failure to exercise any right, to exercise it with a delay, to remain silent or to give no warning does not mean that he has waived the relevant right. Rental Provider may exercise its rights at any time.
ARTICLE 109 – ACCUMULATION OF RIGHTS
Rights arising from these Terms; It does not eliminate other rights arising from the law, general provisions, tort, unjust enrichment and commercial practices. Rental Provider can apply to all of these together.
ARTICLE 110 – INTEGRITY OF THE CONTRACT
These Terms constitutes a single and indivisible contract together with reservation records, delivery form, damage assessment form, price list, assurance conditions, PDPL texts, explicit consent, electronic message confirmation, website terms of use, mobile application terms of use, campaign conditions and additional protocols. The parties declare that they have read and accepted all of these documents.
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ARTICLE 111 – IDENTITY AND LICENSE VERIFICATION
Rental Provider has the right to check the accuracy of Renter and Additional Driver's identity, passport, driver's license, residence information, contact information and payment instruments, if any, through various verification methods, before rental. Additional documents may be requested if necessary. If the document is not presented or cannot be verified, Rental Provider may reject the rental request without giving any reason.
ARTICLE 112 – SUSPICION OF FORGERY AND FRAUD
Rental Provider in cases that raise suspicion of fraud such as fake identity, fake driver's license, fake credit card, payment instrument belonging to someone else, hiding identity, providing misleading information, cutting off the GPS signal, interfering with the tracking device, changing the license plate, interfering with the chassis or engine number and similar cases; may immediately terminate the rental, take back the motorcycle, offset the deposit, apply to judicial and administrative authorities, and claim all resulting damages from the Renter.
ARTICLE 113 – CREDIT AND RISK ASSESSMENT
The Rental Provider can make payment performance, past rental records, damage history, blacklist records, fraud records and security evaluations about Renter. As a result of this evaluation, they may request a higher deposit, additional security, guarantor or second payment method, or refuse the rental.
ARTICLE 114 – MONITORING FOR SECURITY PURPOSES
The Rental Provider For the safety of vehicles, GPS, speed recording system, battery tracking, remote diagnosis system, location history, driving analysis, maintenance alerts and electronic control systems can be used. Records obtained from these systems can be used as legal evidence.
ARTICLE 115 – EMERGENCY RESPONSE
motorcycle; If it is found to be stolen, kidnapped, illegally used, security risk, natural disaster, terrorism, suspicion of crime or in a situation that may endanger human life, Rental Provider may share information with relevant public institutions and carry out the necessary technical interventions.
ARTICLE 116 – RENTAL PROVIDER'S RIGHT TO INSPECTION
Rental Provider has the right to check the condition, location, maintenance need, safety and equipment of the motorcycle in the presence of reasonable grounds during the rental period. Renter cannot block these checks.
ARTICLE 117 – PROHIBITION OF INTERVENTION IN MOTORCYCLE TRACKING EQUIPMENT
The Renter cannot remove, damage, neutralize or block the signal in any way on the GPS device, electronic control unit, alarm system, immobilizer, camera, sensor, tracking device, data transmission equipment and charging system in the motorcycle. Otherwise, a penalty clause may be imposed along with all damages that may occur.
ARTICLE 118 – SUSPICIOUS USES
Failure to communicate for a long time, interruption of the GPS signal, continuous high-speed use, unusual movements of the motorcycle in border areas, unusual mileage on the same day, keeping the motorcycle in closed parking lots or risky areas for a long time, and activities contrary to the intended use specified in the contract may be considered as abnormal use by Rental Provider. In these cases, Rental Provider reserves the right to take the necessary security measures.
ARTICLE 119 – RESERVATION AND PRICE ERRORS
Obvious price errors resulting from systemic, technical, software, human error, integration, channel management or third-party booking platforms are not binding on Rental Provider. In this case The Rental Provider may correct the reservation, cancel it or offer a new price.
ARTICLE 120 – PROTECTION OF REPUTATION
The Renter agrees that it will not make any untrue, insulting, commercially damaging, unfounded or misleading statements. Compensation for any damages incurred by the Rental Provider due to illegal content belongs to the Rental Provider.
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ARTICLE 121 – PENAL CONDITION PROVISIONS
In case of violation of the obligations specified in these Conditions, the actual damage suffered by the Rental Provider, loss of profit, loss of reputation, operational damage, customer loss and legal expenses may be claimed separately, and the collection of the penal terms specified in the Rental Information and Approval Form does not prevent the Rental Provider from claiming further damages.
ARTICLE 122 – CONFIDENTIALITY
The Renter cannot share trade secret information such as commercial information, price policies, dealer system, operation processes, software infrastructure, customer information, fleet management, campaigns and financial information learned during the rental process with third parties. This obligation continues indefinitely after the termination of the contract.
ARTICLE 123 – TRADEMARK PROTECTION
The Renter MotoHello cannot use its brand, logo, mascot, corporate identity, website, mobile application, photographs, designs, graphics, videos and advertising materials for commercial purposes without written permission. In case of violation of this provision, all legal rights of the Rental Provider arising from intellectual and industrial property rights are reserved.
ARTICLE 124 – SOCIAL MEDIA AND CONTENT SHARING
Renter can share about motorcycle; However, they cannot share misleading, insulting, untrue, damaging brand value or commercial reputation content. Rental Provider may request the removal of unlawful content and seek compensation for the damages suffered.
ARTICLE 125 – FRANCHISE AND AUTHORIZED DEALERS
These Terms can be implemented by MotoHello's head offices, franchise branches, authorized rental points, licensed business partners and mobile delivery teams. Renter accepts that the provisions of these Terms are valid for the entire MotoHello network, regardless of which branch it rents from.
ARTICLE 126 – CUSTOMER SUPPORT AND COMMUNICATION
Renter will only use the communication channels announced by Rental Provider in case of emergency. Notifications made via WhatsApp, mobile application, call center, e-mail and website are considered valid communication methods.
ARTICLE 127 – CONTRACT ANNEXES
The following documents are integral parts of these Terms: motorcycle Delivery and Return Form, Damage Assessment Report, Damage and Assurance Conditions, Price List, Deposit and Provision Policy, Cancellation and Refund Policy, PDPL Privacy Notice, Explicit Consent Text, Commercial Electronic Message Confirmation, Privacy Policy, Cookie Policy, Website Terms of Use, Mobile Application Terms of Use, Campaign and Promotion Terms and Current Fee. Tariff. Updates to these documents will be valid for new leases from the effective date.
ARTICLE 128 – PROHIBITION OF WAIVER
The Rental Provider's failure to exercise, late use or partial use of any right does not mean that he has waived that right. Rental Provider may exercise all its rights arising from the contract or the law at any time.
ARTICLE 129 – DIVISIBILITY
If any provision of these Terms is deemed invalid by a court or competent authority, it will not affect the validity of the other provisions. Instead of the invalid provision, the legal regulation closest to the will of the parties and the purpose of the contract is applied.
ARTICLE 130 – ENFORCEMENT AND ACCEPTANCE
The Renter declares that he/she has read and understood all of these Terms, their annexes, delivery minutes, security terms, pricing principles, texts regarding the processing of personal data, electronic message confirmations, website and mobile application terms of use, and accepts them with his/her free will. These Terms come into force on the date they are physically signed or securely confirmed electronically by the parties. The parties acknowledge that they have received a copy of the contract or that it has been made available to them in an accessible form electronically.
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ARTICLE 131 – DEFINITIONS
The following expressions in these Terms have the following meanings unless expressly stated otherwise. 131.1. Rental Provider refers to the natural or legal person operating under the MotoHello brand, who owns or has the right to rent motorcycles and offers the rental service under these Terms. 131.2. Renter refers to the natural or legal person renting the motorcycle who signs or electronically confirms these Terms. 131.3. Additional Rider refers to the person approved by Rental Provider in writing or electronically, whose information is included in these Terms and who is allowed to operate the motorcycle. The Additional Driver is jointly and severally liable with Renter. 131.4. motorcycle / motorcycle means all motorcycles, scooters and their standard equipment, whether registered or unregistered, internal combustion, hybrid or electric, which are the subject of these Terms. 131.5. Standard Equipment refers to the helmet, gloves, reflective vest, phone holder, topcase, key, spare key, license, disc lock, chain lock, charging cable, user manual and other equipment specified in the delivery form delivered with motorcycle. 131.6. Rental Period refers to the period between the date and time the motorcycle is delivered and the date and time it is actually returned in full. 131.7. Delivery is the process of leaving the motorcycle with its equipment to the Renter actually or via the electronic delivery system. 131.8. Return: The motorcycle is checked and received by Rental Provider and the return process is completed. Leaving the key alone does not mean return. 131.9. Day Unless otherwise stated, each rental day is 24 (twenty-four) hours. 131.10. Business Day refers to working days excluding Saturdays, Sundays and public holidays. 131.11. Damage means any damage that impairs the mechanical, electronic, electrical, aesthetic or structural integrity of the motorcycle. 131.12. Mini Damages are small-scale damages that remain within the monetary limits determined by Rental Provider and can be evaluated within the scope of the relevant protection package. 131.13. Severe Damage: Damages that prevent the safe driving of the motorcycle and affect the chassis, engine, battery, electronic systems or main carrier parts. 131.14. Total Damage (Pert) It is the situation where the repair cost exceeds economically acceptable limits or is evaluated as a total loss by the insurance company. 131.15. Business Loss refers to the loss of income suffered by the Rental Provider during the period when the motorcycle cannot be rented due to damage, maintenance, malfunction or any other reason. 131.16. Force Majeure refers to unforeseen events such as earthquakes, floods, fires, wars, terrorism, epidemics, official authority decisions, general power outages and communication infrastructure failures that are beyond the control of the Parties. 131.17. Protection Package refers to additional assurance products such as Damage Assurance, Super Damage Assurance, Tire-Glass-Headlight Assurance, Minor Damage Assurance, Theft Assurance, Optional Financial Liability, Personal Accident and similar additional assurance products that can be purchased separately during the rental. 131.18. Electronic Consent refers to a legally valid declaration of will given through SMS verification, e-mail verification, OTP, biometric signature, e-signature, mobile application approval, tablet signature and similar methods. 131.19. Operations Center refers to the centers where MotoHello carries out reservation, delivery, maintenance, call center and fleet management activities. 131.20. Written Notification refers to notifications made via wet signature document, notary notification, KEP, registered e-mail, secure e-mail or other electronic communication methods accepted by Rental Provider.
ARTICLE 132 – COMMENTARY RULES
Singular expressions include the plural, plural expressions include the singular; References to male or female gender include all genders; The headings are arranged for convenience only and are not limiting in the interpretation of the articles; Expressions such as “including”, “for example”, “including but not limited to” are descriptive and not limiting; The annexes to these Terms are an integral part and have the same legal validity as the contractual provisions.
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ARTICLE 133 – OBLIGATION TO USE PROTECTIVE EQUIPMENT
Renter and the Additional Driver, if any, are obliged to use the protective equipment required in accordance with the legislation in force. Rental Provider is not responsible for any bodily harm, administrative sanctions or legal consequences arising from not using the helmet, reflective vest, gloves and other equipment delivered by Rental Provider.
ARTICLE 134 – STORAGE OF HELMETS AND EQUIPMENT
Renter is obliged to carefully preserve all the equipment it receives. In case of loss, theft, breakage, burning, deformation or out of use, the current replacement cost of the equipment and logistics and supply expenses, if any, will be collected from the Renter.
ARTICLE 135 – TRANSPORTATION OF PASSENGERS
Passengers to be carried on motorcycle; Must comply with current traffic legislation, not exceed the carrying capacity specified in the motorcycle's license and use protective equipment. Legal and criminal liabilities that may arise during passenger transportation belong to the Renter to the extent that they are outside the scope of compulsory insurance.
ARTICLE 136 – COURIER AND COMMERCIAL DELIVERY
motorcycle for standard individual rentals; It cannot be used for courier service, food distribution, grocery delivery, freight transportation, commercial distribution and platform services. Use for these purposes is only possible with the written consent of the Rental Provider and within the scope of the appropriate rental package. Otherwise, all protection packages become invalid.
ARTICLE 137 – PROHIBITION OF MODIFICATIONS AND ACCESSORIES
The Renter Exhaust changes, plate bending or closing, LED/Xenon conversion, performance software, variator change, rev breaker cancellation, ECU intervention, accessory installation, sticker or foil application cannot be made on motorcycle. If this is done, motorcycle will be restored and all expenses will be covered by Renter.
ARTICLE 138 – TIRE AND PRESSURE CONTROL
Renter is responsible for checking tire pressures and general condition before long journeys and intensive use. Tire and rim damage caused by low tire pressure, overloading or improper use are not covered by insurance.
ARTICLE 139 – FALL AND TOP-OVER
If the motorcycle is damaged due to overturning, dropping, rubbing or loss of control while moving or parked, Renter must immediately notify the Rental Provider of the incident. The nature of the damage is evaluated according to the terms of the protection package.
ARTICLE 140 – WEATHER AND ROAD CONDITIONS
The Renter is obliged to show the necessary attention and care in dangerous weather conditions such as heavy rain, snow, icing, storm, strong wind, flood risk and low visibility. In these circumstances, the Renter's liability continues for damages incurred as a result of obvious negligence or imprudence.
ARTICLE 141 – KEY AND IGNITION SAFETY
The Renter Whenever he leaves the motorcycle, he will turn off the ignition, keep the key with him and leave the motorcycle locked as much as possible. Theft or damage caused by leaving the key in the motorcycle may be excluded from the coverage.
ARTICLE 142 – DAILY VISUAL CHECK
Renter agrees to reasonably inspect the motorcycle for tyres, brakes, headlights, turn signals, mirrors, chain (if applicable), fluid leaks and indicator warnings before using the motorcycle. If a malfunction that will prevent safe driving is detected, motorcycle will not be used and the Rental Provider will be informed immediately.
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ARTICLE 143 – DELIVERY OF MOTORCYCLE
motorcycle is delivered with general technical and visual checks completed by Rental Provider before being delivered to the Renter. During delivery, mileage information, fuel or battery level, existing damages, equipment, keys, license and delivery photos are recorded on the delivery form. Renter cannot subsequently claim damages or deficiencies that were not recorded at the time of delivery.
ARTICLE 144 – DELIVERY METHODS
motorcycle; It can be delivered through methods such as branch delivery, address delivery, hotel delivery, airport delivery, mobile delivery motorcycle, smart locker system and digital delivery point. Regardless of the method of delivery, the provisions of these Terms apply.
ARTICLE 145 – NON-DELIVERY
If Renter refuses to pick up the motorcycle even though he made a reservation; Cancellation, no-show or withdrawal provisions apply in line with the applied reservation policy. The renter reserves the right to claim damages incurred.
ARTICLE 146 – RETURN CONTROL
When motorcycle is returned, the exterior body, fairings, chassis, rims, tires, brake system, lighting, instrument panel, electronic systems, accessories, delivered equipment, fuel or battery level and mileage are checked by Rental Provider. Any deficiencies or damages detected as a result of the control are recorded in a report.
ARTICLE 147 – HIDDEN DAMAGES DETECTED AFTER RETURN
If mechanical, electronic, battery, transmission, engine, software and internal parts damages that are not technically possible to be noticed at the time of delivery occur later, Rental Provider may request compensation from the Renter based on the expert service or expert report.
ARTICLE 148 – DELIVERY PHOTOS
The photographs and video recordings taken during the delivery and return of motorcycle are evidence for the parties. Renter accepts that these records may be used in case of dispute.
ARTICLE 149 – RIGHT TO EXAMINATION
Rental Provider may send the motorcycle to independent or authorized expertise when deemed necessary. If Renter is found to be defective as a result of the expertise, the expertise fee, service inspection fee and disassembly-assembly expenses will be covered by Renter.
ARTICLE 150 – SPARE KEY
In case the delivered spare key is lost, broken or becomes unusable; All expenses, including key coding, immobilizer matching, remote control identification and spare key production, belong to the Renter.
ARTICLE 151 – LICENSES AND DOCUMENTS
The license, exhaust emission certificate (if any), traffic insurance documents and usage documents delivered to the Renter are returned in full. In case of loss or damage, all replacement costs will be covered by Renter.
ARTICLE 152 – CHANGE OF DELIVERY POINT
Renter cannot unilaterally change the delivery point. Changing the delivery point is only possible with the written approval of the Rental Provider. If approval is given, one-way fee, transportation expense and operation fee may be applied.
ARTICLE 153 – ABANDONED MOTORCYCLE
All damages that may occur due to the Renter leaving the motorcycle with its keys on, in working order, in an unsuitable place, in a public area or in an unsafe area, belong to the Renter.
ARTICLE 154 – WITHDRAWAL OF SIGNATURE ON DELIVERY
The Renter's refusal to sign the delivery or return report does not invalidate the validity of the delivery and damage assessment report prepared unilaterally by the Rental Provider. In this case, Rental Provider can prove the situation with photographs, videos, camera records, GPS data, expert reports and witness statements.
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ARTICLE 155 – SCOPE OF COURIER RENTAL
Motorcycles rented by MotoHello for use in courier services will only be used by the individual courier, company personnel, contracted fleet driver or professional user specified in the contract. Renter agrees that it will not allow third parties to use the motorcycle.
ARTICLE 156 – PLATFORM CONNECTION
The Renter Getir continues to bear the same responsibilities arising from these Terms even if it works on Trendyol Go, Yemeksepeti Banabi, Migros Kendi, Vigo, Package Taxi, HepsiJET, Amazon, Uber, Martı, Tıkla Gelsin, Popeyes, Domino's, McDonald's or similar platforms. Rental Provider is not responsible for any disputes that may occur with the platform.
ARTICLE 157 – EMPLOYER LIABILITY
Even if Renter is using the motorcycle on behalf of an employer; is personally liable for all debts arising from these Terms. The Employer's non-payment, bankruptcy or cessation of activity does not remove the Renter's liability.
ARTICLE 158 – DAMAGES CAUSED BY DELIVERY
Renter is responsible for any damage caused by falling, impact, package loading, heavy load transportation, box assembly, bag assembly, luggage apparatus and basket use during delivery.
ARTICLE 159 – LOAD LIMIT
Renter cannot exceed the carrying capacity specified by the manufacturer. All chassis, shock absorber, rim, tire, brake, engine and transmission damages that may occur due to overload belong to the Renter.
ARTICLE 160 – PROHIBITION OF MODIFICATION
The Renter Cannot attach bags, phone holders, additional headlights, LEDs, protection bars, exhausts, stickers, advertisements, paint, foil, GPS or electronic devices. Even if written permission is obtained, dismantling costs belong to the Renter.
ARTICLE 161 – FLEET TAGS
MotoHello logos, QR codes, tracking numbers, promotional stickers and inventory labels cannot be removed, covered or altered by Renter.
ARTICLE 162 – COMMERCIAL ADVERTISING USE
Renter cannot publish any advertisements on motorcycle without the written permission of the Rental Provider. Advertising revenues belong entirely to the Rental Provider.
ARTICLE 163 – PROTECTIVE EQUIPMENT
The Renter Agrees to use helmet, gloves, reflective vest and protective equipment. Accepts the use of helmet, gloves, reflective vest and protective equipment. Damages caused by not using protective equipment will not result in the Rental Provider's liability.
ARTICLE 164 – RETURN OF EQUIPMENT
The helmet, gloves, phone holder, reflective vest, disc lock, chain, raincoat, bag and accessories are delivered complete. For incomplete or damaged deliveries, the current renewal fee will be charged.
ARTICLE 165 – HYGIENE
Renter accepts that it will use helmets and equipment in accordance with hygiene rules. Cleaning and disinfection expenses incurred due to excessive contamination, bad odor, biological contamination, smoking, chemical substances or animal transportation are the responsibility of the Renter.
ARTICLE 166 – LOSS OF BUSINESS
Renter also agrees to compensate the Renter for the rental loss, business loss, reservation cancellations and customer damages that the Rental Provider may suffer during the period motorcycle remains in service due to damage caused by its fault.
ARTICLE 167 – COURIER BAG
The courier bag delivered by MotoHello is considered a safe deposit box. In case of loss, theft, misuse, breakage, cracking or lock failure, the replacement fee is paid by Renter.
ARTICLE 168 – FOOD AND FOOD TRANSPORTATION
The Renter accepts responsibility for all damages that may occur on the motorcycle during the transportation of hot, cold, frozen, liquid, chemical, dangerous or leakable products.
ARTICLE 169 – PROFESSIONAL USE
Since courier service is more intensive than individual use, Renter agrees to use the motorcycle in accordance with the manufacturer's instructions, take into account maintenance warnings and stop use immediately in case of signs of malfunction.
ARTICLE 170 – MOTOHELLO OPERATION STANDARDS
The Renter acknowledges that the operating instructions, maintenance procedures, security rules, delivery protocols, digital user guides and mobile application notices published by MotoHello are an integral part of these Terms. Non-compliance with these standards constitutes a breach of contract.
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ARTICLE 171 – FORCE MAJEURE
The parties cannot be held responsible for failure to fulfill their obligations due to force majeure events such as earthquakes, floods, fires, wars, terrorism, riots, pandemics, strikes, lockouts, official authority decisions, transportation cessation, energy outages, collapse of communication infrastructure, natural disasters, state of emergency, martial law, cyber attacks, national or international crises that are beyond the control of the parties. The contract may remain suspended during the force majeure period.
ARTICLE 172 – CONTINUATION OF FORCE MAJEURE
If the force majeure exceeds thirty (30) days, Rental Provider may terminate the contract unilaterally; Renter cannot therefore claim any compensation.
ARTICLE 173 – IMMEDIATE TERMINATION OF THE CONTRACT
Rental Provider may terminate the contract immediately without the need for any warning or notice in the following cases: non-payment, presentation of false documents, providing false information, use of the motorcycle for purposes other than its intended purpose, use in a crime, creating a security risk, allowing it to be used by a third party, breach of contract, interfering with the odometer, dismantling the GPS, storing the motorcycle, not delivering the motorcycle, unlawful use, serious fault or behavior damaging the Rental Provider's commercial reputation.
ARTICLE 174 – CONSEQUENCES OF TERMINATION
In case of termination of the contract The Renter agrees that he will deliver the motorcycle immediately, pay all debts immediately, cover the damages arising from the delivery delay and compensate the Rental Provider for all damages incurred.
ARTICLE 175 – PROHIBITION OF EXCHANGE AND SETTLEMENT
Renter cannot offset any claim it claims to have against the Rental Provider against its debts arising from these Conditions.
ARTICLE 176 – TRANSFER PROHIBITION
Renter cannot transfer the contract, right of use, reservation, right of delivery or right of payment to third parties without the written consent of the Rental Provider.
ARTICLE 177 – ELECTRONIC RECORDS
The Renter MotoHello accepts that reservation records, camera records, GPS records, phone calls, call center records, mobile application records, internet records, SMS records, e-mail records, digital signature records and electronic log records can be used as evidence in disputes.
ARTICLE 178 – EVIDENCE CONTRACT
Parties; Within the scope of the Code of Civil Procedure No. 6100, MotoHello's commercial books, electronic records, accounting records, computer systems, server records, payment records, camera records and digital archives can be put forward as discretionary evidence, provided that they are obtained in accordance with the law; He acknowledges that the Renter reserves the right to present counter-evidence.
ARTICLE 179 – NOTIFICATION
The address, e-mail address, mobile phone and KEP address (if any) specified by the Renter in the contract are the legal notification address. If the address change is not notified in writing, notifications made to the old address are considered valid.
ARTICLE 180 – ELECTRONIC NOTIFICATION
Parties; It accepts that notifications made via SMS, e-mail, mobile application notification, KEP, electronic signature and digital notification are legally valid.
ARTICLE 181 – WAIVER COMMENT
The fact that the Rental Provider does not exercise any of his rights, uses them late, remains silent, shows tolerance or gives additional time does not mean that he has waived his right.
ARTICLE 182 – PARTIAL INVALIDITY
If any provision of these Terms is deemed invalid by court, arbitration or change of law, it will not affect the validity of the other provisions.
ARTICLE 183 – APPLICABLE LAW
The Law of the Republic of Türkiye will apply to these Conditions.
ARTICLE 184 – COMPETENT COURT
Istanbul Anatolian Courts and Enforcement Offices have jurisdiction over any disputes that may arise from these Terms. The Rental Provider reserves the right to apply to specially authorized courts arising from the law.
ARTICLE 185 – ENFORCEMENT
The Renter accepts and declares that he has read all of these Terms, understood all their provisions, signed them without any pressure and accepted all provisions; The consumer's inalienable rights arising from the legislation are reserved.
ARTICLE 186 – ANNEXES
The following documents are an integral part of these Terms: motorcycle Delivery Form, Damage Assessment Form, Photo Records, Equipment Delivery Report, Price Tariff, Protection Packages, PDPL Privacy Notice, Explicit Consent Text, Commercial Electronic Message Approval, Privacy Policy, User Guide, Mobile Application Terms of Use, Website Terms of Use and Motor Insurance and Traffic Insurance General Conditions.
ARTICLE 187 – FULL CONTRACT PROVISION
These Terms and any annexes constitute the entire agreement between the parties; All prior oral or written negotiations, proposals, understandings and representations between the parties become null and void upon the entry into force of these Terms.
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ARTICLE 188 – REFERENCE TO PERSONAL DATA AND INFORMATION TEXT
The identity of the data controller, data categories, processing purposes, legal bases, recipient groups, retention periods and data-subject rights are explained in the separately published MotoHello PDPL Privacy Notice. These Terms do not replace that notice or any explicit-consent statement. Processing that requires explicit consent is presented through a separate and optional mechanism where required by law.
ARTICLE 189 – SEPARATE TEXTS AND OPTIONAL APPROVALS
Commercial electronic message consent and other data processing activities requiring explicit consent are not presented as a mandatory condition of the lease; It is taken separately and optionally to the extent permitted by the legislation.
ARTICLE 190 – GPS AND MOTORCYCLE TRACKING SYSTEMS
MotoHello motorcycles may use GPS, IoT and telematics systems that record location, speed, mileage, usage time, stop-start events, engine status, battery level, fault information and relevant riding data. Such data may be processed only for the purposes and on the legal bases described in the PDPL Privacy Notice, including fleet security, theft prevention, maintenance, mileage verification, incident investigation and lawful claims.
ARTICLE 191 – MONITORING PURPOSES
motorcycle tracking systems; It can be used for security, theft prevention, fleet management, maintenance planning, mileage control, detection of non-contractual use, accident investigations, insurance transactions and legal processes.
ARTICLE 192 – DIGITAL SIGNATURE
The Renter of these Terms; It accepts that it can be established with electronic signature, mobile signature, OTP verification, SMS verification, tablet signature, digital signature. Approval received electronically produces legal consequences within the framework of the formal conditions and rules of proof required by the relevant legislation.
ARTICLE 193 – ELECTRONIC CONTRACT
The Renter of these Terms; It accepts that it can be established via website, mobile application, kiosk, tablet, call center, remote sales request.
ARTICLE 194 – SOUND RECORDINGS
The Renter call center conversations; It accepts that audio may be recorded for quality control, dispute resolution, security, training and legal evidence purposes.
ARTICLE 195 – CAMERA RECORDINGS
The Renter motorcycle accepts that cameras, photographs, videos and mobile recordings may be taken during delivery and return. These records are evidence.
ARTICLE 196 – PHOTO RECORDS
motorcycle photographs taken during delivery and return, damage photographs, mileage indicator, fuel level and equipment photographs are an integral part of the contract.
ARTICLE 197 – ELECTRONIC COMMERCIAL MESSAGES
The Renter Additionally, if he/she approves, he/she will be able to receive campaign and information messages via SMS, e-mail, WhatsApp, mobile notification and phone call. This consent can be withdrawn at any time in accordance with the legislation.
ARTICLE 198 – REFERENCE TO DATA TRANSFER
Recipient groups to which personal data can be transferred, transfer purposes and legal reasons are explained in the current PDPL Privacy Notice.
ARTICLE 199 – REFERENCE TO STORAGE AND DISPOSAL PRINCIPLES
The storage and destruction principles of personal data are stated in the current PDPL Privacy Notice within the framework of the applicable legislation and MotoHello storage-destruction policies.
ARTICLE 200 – REFERENCE TO RIGHTS OF THE RELATED PERSON
The rights of the relevant persons within the scope of Law No. 6698 and the application procedure are included in the current PDPL Privacy Notice.
ARTICLE 201 – DIGITAL SECURITY
The Renter agrees not to share his user account, verification codes, passwords and reservation links with third parties. Damages arising from sharing this information are the responsibility of the Renter.
ARTICLE 202 – FINAL PROVISION
The Renter declares and undertakes that he/she has read and understood all of these Terms, annexes, delivery minutes, price tariffs, protection packages, PDPL texts, information texts, express consent texts, delivery procedures and terms of use and accepts them without any pressure.
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This section has been prepared to increase the legal security of the Rental Provider and is an integral part of these Terms.
ARTICLE 203 – WITHDRAWAL AND ABANDONMENT
Renter accepts that if motorcycle unilaterally renounces the rental after delivery, the current cancellation and refund policy will be applied. The rental is deemed to have started even if motorcycle is not used after it is delivered.
ARTICLE 204 – MALICIOUS APPLICATION
The Renter accepts that if it is detected that he has rented with a fake identity, fake driving license, fake credit card, someone else's bank card, stolen documents, misleading information or incomplete declaration, the Rental Provider will terminate the contract immediately and the necessary legal and criminal proceedings will be initiated against Renter.
ARTICLE 205 – FORGERY AND FRAUD
The Renter The Rental Provider agrees in advance that the Rental Provider will notify the official authorities in case of detection of a use related to crimes such as forgery, aggravated fraud, abuse of trust, embezzlement, smuggling, drugs, black money, terrorist financing or organizational activities.
ARTICLE 206 – LIABILITY FOR COMPENSATION
The Renter The Rental Provider agrees to compensate all damages incurred by the Rental Provider, including direct damage, indirect damage, loss of earnings, loss of reputation, third party demands, attorney fees, litigation expenses, enforcement expenses, appraisal fees and collection expenses due to its non-contractual behavior.
ARTICLE 207 – INTEREST
The Renter agrees to pay the default interest to be applied in accordance with the Turkish Commercial Code, the Turkish Code of Obligations and the Law No. 3095 on Legal Interest and Default Interest for all debts not paid on maturity.
ARTICLE 208 – ATTORNEYS AND ENFORCEMENT EXPENSES
All attorneyship, mediation, enforcement, litigation, warning, notary, expert and expert expenses incurred for the purpose of collecting debts belong to the Renter.
ARTICLE 209 – PUNISHMENT
If the Rental Provider grossly violates any article of these Conditions, the Rental Provider reserves the right to demand a penal clause without the need to prove additional damage. Collecting the penal clause does not also prevent claiming damages.
ARTICLE 210 – PROOF OF DAMAGE
The Renter accepts that the amount of damage will be deemed to be proven by the service invoices, expert reports, camera records, GPS records, photographs, electronic records and accounting records presented by Rental Provider.
ARTICLE 211 – TRANSFER OF RESERVATION
The Renter cannot transfer its reservation, prepayment, campaign and discount right to third parties.
ARTICLE 212 – BANKRUPTCY AND SEIZURE
Rental Provider may terminate the contract unilaterally if the Renter goes bankrupt, requests composition, has assets seized, or has difficulty paying.
ARTICLE 213 – CODE OF ETHICS
The Renter MotoHello agrees that it will not insult, threaten, physically attack, psychologically pressure, discriminate or harass its employees. If these behaviors occur, the contract may be terminated immediately.
ARTICLE 214 – TRADEMARK AND COMMERCIAL RIGHTS
MotoHello brand, logo, mascot, commercial name, designs, software, website, mobile application, visuals and copyrights are within the scope of the Rental Provider's intellectual and industrial property rights. Renter cannot use them without permission.
ARTICLE 215 – SOCIAL MEDIA
The Renter accepts that he/she will not make any untrue, insulting, commercially damaging or defamatory posts. The Renter's legal criticism and legal application rights within the scope of consumer rights are reserved.
ARTICLE 216 – TRADE SECRET
The Renter agrees that it will not share confidential information such as commercial information, pricing, operation methods, fleet information, software infrastructure and security procedures learned during the rental process with third parties.
ARTICLE 217 – CUSTOMER INFORMATION
The Renter cannot access, record or share any personal information of other customers. Otherwise, the legal liability that arises belongs entirely to him/her.
ARTICLE 218 – RESERVATION OF RIGHTS
For matters not expressly regulated in these Terms, the provisions of the Turkish Code of Obligations, the Turkish Commercial Code, the Highway Traffic Law, the Law on Consumer Protection, PDPL and other relevant legislation apply. All rights of the Rental Provider arising from the law are reserved.
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ARTICLE 219 – AUTHENTICATION
Rental Provider uses T.R. to verify the identity of the Renter before renting. It can apply all verification methods it deems necessary, including ID Card, passport, driver's license, residence certificate, tax plate, company documents, credit card, bank account information, selfie verification, liveness check and electronic identity verification systems. Renter acknowledges that it expressly consents to these verification processes.
ARTICLE 220 – RISK ASSESSMENT
The Rental Provider can perform credit assessment, payment performance, previous rental history, damage records, fraud risk analysis and blacklist inquiries in line with commercial risk policies. As a result of this evaluation, the rental request may be rejected without giving any reason.
ARTICLE 221 – PREVENTION OF LAUNDERING PROCEEDS OF CRIME
The Renter agrees that he will not use the rented motorcycle in any criminal activity such as laundering proceeds of crime, financing of terrorism, smuggling, illegal trade, organized crime, drug trafficking, human smuggling, forgery and illegal betting. If a contrary situation is detected, Rental Provider may immediately notify the relevant public institutions.
ARTICLE 222 – SUSPICIOUS TRANSACTION REPORT
The Rental Provider is authorized to provide information and documents to authorized public institutions, especially MASAK, when deemed necessary in accordance with the legislation. It is authorized to provide information and documents to authorized public institutions, especially MASAK. Renter cannot make any claims to the Rental Provider due to these notifications.
ARTICLE 223 – SANCTION LISTS
The Rental Provider reserves the right not to establish a rental relationship with persons or organizations found to be on national or international sanction lists. Therefore, Renter cannot claim any compensation if the reservation is cancelled.
ARTICLE 224 – CYBER SECURITY
The Renter agrees that he will not gain unauthorized access to, damage or make any attempt to disable MotoHello's mobile applications, website, reservation systems, payment infrastructure and motorcycle tracking systems.
ARTICLE 225 – PROTECTION OF DIGITAL EVIDENCE
The Renter accepts that it is unlawful to change, delete or manipulate camera records, GPS records, mobile application records, call center records, server logs, electronic payment records and motorcycle telemetry records.
ARTICLE 226 – UNFAIR CLAIMS
The Renter accepts that it will compensate all damages that may occur in case of false damage notification, payment objection, card chargeback, false accident report or false theft report.
ARTICLE 227 – PAYMENT OBJECTIONS
The Renter accepts that it will not initiate an unfair chargeback process with the bank for the amounts duly collected within the scope of the contract, and that it will cover the bank commissions, attorney fees, collection expenses, exchange rate differences and financing expenses that may arise due to unfair objection.
ARTICLE 228 – COMPANY REPUTATION
The Renter agrees to act in a way that will not damage the commercial reputation of the MotoHello brand by spreading untrue information or creating misleading content on social media or digital platforms. This provision does not limit the consumer's right to honest criticism and legal complaint.
ARTICLE 229 – PRE-DISPUTE RESOLUTION
Parties; They accept that they will try to negotiate the dispute in good faith, if possible, before resorting to litigation or enforcement proceedings. Legally mandatory mediation provisions are reserved.
ARTICLE 230 – INTEGRITY OF THE CONTRACT
These Terms constitutes a single and indivisible contract together with the main contract, delivery forms, damage forms, equipment delivery minutes, PDPL texts, price tariffs, campaign terms, website terms of use and mobile application terms of use.
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ARTICLE 231 – FOREIGN NATIONAL Renter
Renter who is not a citizen of the Republic of Türkiye; During the rental, the person is obliged to present a passport or valid identification document, a valid driver's license, an international driver's license if necessary, other documents showing the right to use motorcycle in Türkiye and, when necessary, an entry stamp or residence permit. Rental Provider may request additional documents if deemed necessary.
ARTICLE 232 – ACCURACY OF DOCUMENTS
All documents submitted by Renter are deemed to be real, valid, up-to-date and legally usable. If a fake or invalid document is used, Rental Provider may terminate the contract immediately and claim all resulting damages from the Renter.
ARTICLE 233 – INTERNATIONAL DRIVER'S LICENSE
Citizens of countries that require an international driver's license or notarized translation in accordance with Turkish legislation cannot drive the motorcycle unless they present these documents. For this reason, the administrative or legal liability that arises belongs to the Renter.
ARTICLE 234 – PASSPORT AND VISA RESPONSIBILITY
The Renter is entirely responsible for the validity of passport, visa, residence, work permit and similar official documents. The Rental Provider cannot be held responsible for any deficiencies in these documents.
ARTICLE 235 – PAYMENT IN FOREIGN CURRENCY
If the rental fee is collected in a foreign currency, the official exchange rate valid on the payment date is taken as basis. Rental Provider is not responsible for exchange rate differences, commissions and international transaction fees imposed by card institutions.
ARTICLE 236 – FOREIGN CREDIT CARDS
In transactions made with credit cards of foreign banks, pre-authorization, deposit resolution, refund period and bank commissions are subject to the practices of the bank that issued the card. Rental Provider cannot be held responsible for these periods.
ARTICLE 237 – CONTRACT IN A FOREIGN LANGUAGE
If the Renter is given a contract or privacy notice in a language other than Turkish, the text to be taken as basis is the Turkish text. Translations are for informational purposes only.
ARTICLE 238 – PROHIBITION OF EXTRAORDINATION
Renter cannot take the motorcycle outside the borders of the Republic of Türkiye without the written permission of the Rental Provider. In case of violation of this prohibition, all insurance and assurance provisions become null and void, all damages that occur will be covered by Renter and Rental Provider may request compensation with a penal clause.
ARTICLE 239 – CUSTOMS AND BORDER PROCEDURES
The Renter bears all administrative and financial responsibilities that may arise due to customs, border gates, international transportation and entry-exit procedures.
ARTICLE 240 – CONSULAR PROCEDURES
If the Rental Provider cannot deliver the motorcycle due to reasons such as detention, arrest, deportation or cancellation of his/her passport, all damages incurred by the Rental Provider will be covered by Renter.
ARTICLE 241 – NOTIFICATION ABROAD
Foreign national The Renter accepts that the address provided in Türkiye is the notification address and that if the address is not available, notifications made to the e-mail address will be valid.
ARTICLE 242 – LANGUAGE AND INTERPRETATION
In case of a conflict between the copies of these Terms prepared in different languages, the Turkish text will prevail.
ARTICLE 243 – FOREIGN COURT DECISIONS
The Renter accepts that the lawsuits filed in foreign courts will not eliminate Rental Provider rights arising from Turkish law.
ARTICLE 244 – INTERNATIONAL SANCTIONS
The Renter accepts that the Rental Provider may terminate the contract unilaterally if it is included in international sanction lists or falls within the scope of sanctions.
ARTICLE 245 – FINAL INTERNATIONAL PROVISION
All rights and obligations arising from these Terms; It is subject to the provisions of the Law of the Republic of Türkiye, regardless of the Renter's nationality, residence, payment method, passport or country of citizenship.
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ARTICLE 246 – INTEGRITY OF THE CONTRACT
These Terms Main Rental Agreement, motorcycle Delivery Form, motorcycle Return Form, Damage Assessment Report, Equipment Delivery Report, Protection Packages, Price Tariff, PDPL Privacy Notice, Explicit Consent Text, Commercial Electronic Message Approval, Website Terms of Use, Mobile Application Terms of Use, Digital Approval Records, Reservation Information, Campaign and Promotion Conditions, Pre-Renting It constitutes a single and indivisible contract together with the Information Form and Delivery and Return Procedures.
ARTICLE 247 – LEGAL NATURE OF ANNEXES
All documents annexed to these Conditions or subsequently submitted to the Renter electronically are an integral part of the contract. Renter declares that it has read, understood and accepted all of these documents.
ARTICLE 248 – DIGITAL CONSENT
Approvals provided through the website, mobile application, tablet, kiosk, electronic signature, SMS or OTP verification, or e-mail have the legal and evidential effect permitted by applicable law. This Article does not remove any mandatory form requirement or the Renter's right to challenge the authenticity or accuracy of a record with lawful counter-evidence.
ARTICLE 249 – NON-WAIVER
The Rental Provider's failure to exercise any of his rights, his late use, his failure to send a warning, his granting additional time, or his tolerating a breach of contract for a period of time cannot be interpreted as a waiver of his relevant right.
ARTICLE 250 – DIVISIBILITY
If any provision of these Terms becomes invalid due to a court decision, change of law or administrative action, it will not affect the validity of the other provisions. Instead of an invalid provision, the legal regulation closest to the will of the parties is applied.
ARTICLE 251 – RESERVATION OF RIGHTS
For all matters not expressly regulated in these Terms, the Turkish Code of Obligations, Turkish Commercial Code, Highway Traffic Law, Road Transport Legislation, Consumer Protection Law, Insurance Legislation, PDPL and other relevant legislation will apply. All rights of the Rental Provider arising from the law are reserved.
ARTICLE 252 – ENFORCEMENT
These Terms become binding when incorporated into a rental transaction and accepted through a legally valid physical signature, electronic signature, digital confirmation, mobile approval or reservation confirmation, subject to mandatory disclosure and form requirements.
ARTICLE 253 – DECLARATION OF READING AND ACCEPTANCE
By completing the legally valid acceptance step, the Renter confirms having had the opportunity to read and understand these Terms, the transaction-specific form, applicable protection-package conditions, disclosed fees and delivery-return procedures. The PDPL Privacy Notice and optional communication or explicit-consent choices remain separate. Nothing in this declaration waives the Renter's mandatory rights under applicable law.