USER AGREEMENT

LAVANTA TRADE TARIM SAN. TİC. LTD.

1. PARTIES

This Agreement is concluded between Lavanta Trade Tarım San. Tic. LTD., a joint-stock company registered in Antalya (hereinafter referred to as the "Company"), and an individual who uses the scooter rental service via the Company's Lavanta Ride mobile application (hereinafter referred to as the "User"). This Agreement governs the terms of use of the scooter rental service provided through the Lavanta Ride mobile application, as well as defines the rights, obligations, and legal relations between the Parties.

2. DEFINITIONS

  • 2.1. Company — Lavanta Trade Tarım San. Tic. LTD
  • 2.2. User — an individual registered in the Lavanta Ride mobile application, holding a valid driver's license of all categories and using the scooter rental services.
  • 2.3. Vehicle/Scooter — gasoline vehicles classified as scooters, provided by the Company for rent.
  • 2.4. Service — the scooter rental service provided by the Company through the mobile application.
  • 2.5. Mobile application — software developed by the Company, through which booking, use, and payment for scooter rental are carried out.

3. SUBJECT OF THE AGREEMENT

  • 3.1. Under this Agreement, the Company transfers, and the User, for a fee, accepts temporary use of the Scooter in the manner and under the conditions provided for in the Agreement.
  • 3.2. This Agreement governs the terms of the Company's provision of scooter rental services within the boundaries displayed on the mobile application map. By signing this Agreement, the User agrees to all its terms, including, but not limited to, renting scooters designated within the boundaries indicated on the application map, and undertakes to comply with the rules established by the Company.
  • 3.3. By signing this Agreement, the User acknowledges that they have read all the Company's rules, the content of this Agreement, and the Lavanta Ride Application.
  • 3.4. This Agreement is considered concluded (signed by both Parties) from the moment the User registers in the Lavanta Ride Application.

4. RENTED SCOOTERS

4.1. As part of this rental service, the Company rents out scooters classified as gasoline scooters suitable for urban use.

5. DRIVER'S LICENSE VERIFICATION

  • 5.1. The User declares, confirms, and undertakes that:
  • 5.1.1 They have a valid driver's license that meets the technical specifications of the scooter indicated in the application, or a driver's license recognized by the applicable laws of Turkey.
  • 5.1.2 Before starting the trip, the User must provide, through the Company's mobile application, identity and driver's license data for verification. Without complete upload and confirmation of these data, obtaining a scooter is not possible.
  • 5.1.3 In case of uploading fake documents or documents belonging to third parties, the Company reserves the right to block the User's account and prohibit further use of the mobile Application.

6. REGISTRATION AND CONFIRMATION

  • 6.1. All actions related to registration, rental, payment, and other processes are carried out exclusively through the Lavanta Ride mobile application.
  • 6.2. The User must upload a photo of their identity card and driver's license to the application. The Company has the right to carry out all necessary checks to confirm the authenticity and relevance of the uploaded documents. In case of incomplete or incorrect information, registration is not completed, and rental is not possible. The User is fully responsible for the accuracy of the provided data.

7. RESERVATION AND RECEIPT OF THE SCOOTER

  • 7.1. All stages of rental are carried out through the Company's mobile application. The User independently reserves the scooter they want to rent through the application. Before receiving the scooter, the User must upload a photo of their face for comparison with the photo on the driver's license, as well as complete the checklist specified in the application.
  • The scooter management process begins with the activation of the "start" button in the mobile application and ends with pressing the "finish" button. The engine can only be started after the "start" command.
  • After completing the trip, the User must park the scooter in the designated area, complete the rental through the application, and upload a photo of the scooter showing it in full. If these actions are not performed, the rental is considered ongoing, and the fee continues to be charged without interruption.

8. SCOPE AND TERMS OF SERVICE

  • 8.1. The Company provides scooters for rent for use only within the boundaries displayed in the mobile application. Use of scooters outside these zones is strictly prohibited.
  • 8.2. The User undertakes to use the rented scooter exclusively for personal purposes. Transfer of the scooter to third parties is prohibited.
  • 8.3. All actions, including the start and end of the rental, are carried out exclusively through the mobile application.
  • 8.4. The places for receiving and returning scooters are determined in the mobile application. For damage and monetary penalties arising from parking the scooter outside the designated zones, the User bears legal responsibility in the amount specified in this Agreement.
  • 8.5. The User assumes full responsibility for any damage caused to the scooter, as well as for possible losses to the Company and/or third parties. In case of theft, damage, fines for traffic violations, harm to life/health to themselves or third parties when using the Scooter, or other losses related to the rented scooter, the User undertakes to compensate them in full, including monetary penalties and claims from third parties and/or government agencies. The Company retains the right to claim damages.
  • 8.6. Daily rental is 24 hours.

9. DRIVER'S LICENSE, AGE AND ADMISSION

  • 9.1. The User must have a valid driver's license corresponding to the technical specifications of the scooter.
  • 9.2. The license must be uploaded and confirmed in the system.
  • 9.3. If the user's license is revoked, suspended, or expired, the User loses the right to use the service and must terminate the rental as provided in this Agreement. Violation of this condition obliges the User to pay a fine of 20,000 TL, and this Agreement is terminated by the Company unilaterally out of court.
  • 9.4. If after uploading the data the driver loses the right to drive, they must immediately notify the Company. For violation of this clause, the User is liable to a fine of 20,000 TL and immediate early unilateral out-of-court termination of the Agreement.

10. RULES OF USE AND SAFETY

  • 10.1. The User undertakes to return the scooter in good technical condition, with all accessories: helmet, vest, accessories, and equipment.
  • 10.2. Permitted use of the scooter is only on city roads according to the map in the mobile Application. It is forbidden to use the scooter in sports events, races, endurance tests, as well as on closed or non-designated roads.
  • 10.3. Using the scooter for paid passenger transportation is prohibited.
  • 10.4. The User must use the scooter personally. Carrying more than one passenger or cargo is prohibited. In case of violation of this clause, the User must pay a fine of 7,500 TL for each violation. In this case, the Agreement is terminated early unilaterally out of court.
  • 10.5. The User undertakes to comply with all provisions of Law No. 2918 "On Road Traffic", as well as all related regulations and local rules. Violations committed by the User cannot be attributed to the Company. The User bears full responsibility. The Company retains the right of recourse if claims are made against it by third parties and/or government agencies (including police, gendarmerie).
  • 10.6. All losses and expenses incurred through the User's fault (monetary penalties, other claims and sanctions) are compensated by the User. The Company reserves the right to make recourse claims.
  • 10.7. The use of a helmet, reflective vest, and other protective equipment is mandatory. Violation of this clause entails the User's liability as provided in this Agreement.
  • 10.8. It is strictly forbidden to drive the scooter under the influence of alcohol, drugs, or other intoxication, as well as to transport prohibited substances. For violation of this clause, the User is liable for 10,000 TL and early unilateral out-of-court termination of the Agreement.
  • 10.9. The User is prohibited from entering public transport zones or using lanes specially designated for it according to traffic rules. For violation of this clause, the User is liable for 5,000 TL.
  • 10.10. The right to drive is granted exclusively to the User. Transfer of control to third parties is prohibited. For violation of this clause, the User is liable for 7,500 TL and early unilateral out-of-court termination of the rental Agreement.

11. LIMITATION OF LIABILITY. FORCE MAJEURE

  • 11.1. The User waives any claims against the Company related to traffic accidents, injuries, harm caused to third parties during the rental of the Scooter. All responsibility for such incidents lies entirely with the User.
  • 11.2. The Company is not legally responsible for the safety of personal belongings left in the scooter during or after the rental.
  • 11.3. In the event of circumstances beyond the Company's control and which it could not and cannot prevent, the Company has the right to immediately terminate this Agreement without any obligations or compensation to the User.
  • 11.4. The Parties are not liable for non-performance/improper performance of obligations under this Agreement in the event of force majeure.
  • 11.5. Definition of Force Majeure: The Parties to this Agreement understand Force Majeure as extraordinary and unavoidable circumstances under these conditions that arose after the conclusion of the Agreement, which are beyond the reasonable control of the Party affected by such circumstances, and which this Party could not prevent or overcome with due diligence and care. Such circumstances include, in particular:
  • 11.5.1. Natural phenomena: Earthquakes, floods, tsunamis, volcanic eruptions, hurricanes, tornadoes, heavy snowfalls, drifts, avalanches, landslides, mudflows, fires (except those caused by the Parties), epidemics, pandemics declared by WHO or competent Turkish authorities, and other natural disasters.
  • 11.5.2. Technogenic and social phenomena: wars (declared and undeclared), military actions of any kind, blockades, terrorist acts, sabotage, mass riots, uprisings, revolutions, civil unrest, the introduction of a state of emergency or martial law in Turkey or the country of registration/location of the User, significantly affecting the fulfillment of obligations.
  • 11.5.3. Actions of government bodies: Prohibitive acts of state or municipal authorities of Turkey or other states, having binding force and directly affecting the performance of the Agreement (including, but not limited to: movement bans, curfews, export-import restrictions, bans on the use of certain types of vehicles, the introduction of sanctions regimes affecting the Parties or their assets, expropriation, nationalization, embargo).
  • 11.5.4. Critical infrastructure failures: Large-scale accidents in power supply systems, communications (including cellular networks and the Internet), transport (rail, air, sea), significantly paralyzing normal life in the area of the Agreement (Antalya and/or the rental area).
  • 11.5.5. Unforeseen technological failures: Critical and prolonged failures in public payment systems (Visa, Mastercard, others used by the Application), global positioning systems (GPS/GLONASS) necessary for the functioning of the Application and provision of the Service, provided that such failures are caused by external factors, not by the Company's systems or actions/inaction of the User.
  • 11.5.6. Other circumstances: other events meeting the criteria of inevitability and extraordinariness, recognized as force majeure in accordance with the legislation of the Republic of Turkey (Turkish Code of Obligations) and established international practice.
  • 11.6. The Party for which it became impossible to fulfill obligations under the Agreement due to force majeure must immediately (within a reasonable period not exceeding 5 (five) calendar days from the occurrence of such circumstances or receipt of reliable information about them) notify the other Party of the fact of occurrence, nature, and expected duration of such circumstances. Notification is sent by the Parties to the contacts specified in this Agreement or the mobile Application.
  • 11.7. The Party must provide reasonable evidence of the existence of force majeure circumstances and their impact on the performance of obligations (for example, official statements of government bodies, certificates of competent organizations, publications in the media). Failure to provide notification and evidence within the specified period deprives the Party of the right to refer to force majeure as a basis for exemption from liability for non-performance of obligations during the relevant period.
  • 11.8. For the period of force majeure and their direct consequences, making the performance of obligations objectively impossible, the performance of the relevant obligations of the Parties under this Agreement is suspended.
  • 11.9. In the event of force majeure making it impossible for the Company to provide the service (for example, government ban, destruction of infrastructure, critical technology failure), the Company has the right to suspend the operation of the Application, access to scooter rental without any liability to the User. Rental fees for the period of such suspension are not charged. If the Scooter is rented by the User at the time of force majeure, the User must take all reasonable measures to ensure its safety and park it safely in the permitted area (if safe and possible), then complete the rental in the Application (if the functionality is available). The Company unilaterally determines the procedure for returning Scooters or their evacuation after the end of force majeure or during their action (if possible).
  • 11.10. In the event of force majeure making it impossible for the User to use the Scooter (for example, curfew/blockade at the User's location, critical infrastructure damage preventing movement, inability to access the Application due to global communication failures at the User's location), the User must notify the Company (clause 12.2) and take all possible measures to safely park the Scooter in the permitted area and complete the rental (if the functionality is available). Rental charges are suspended from the moment the Company confirms the User's force majeure circumstances. The risk of damage or loss of the Scooter during force majeure, if the User has fulfilled the obligation to notify and taken reasonable measures to ensure safety, is borne by the Parties by mutual agreement.
  • 11.11. The suspension of obligations is valid for the entire period of force majeure and a reasonable period for eliminating their consequences.
  • 11.12. If force majeure circumstances or their consequences last continuously for more than 60 (sixty) calendar days, either Party has the right to terminate this Agreement unilaterally by written notice (via the Application and/or email) to the other Party. In this case, the Agreement is considered terminated from the date the Notification is received by the other Party. Monetary obligations arising before the onset of force majeure are fulfilled in the usual manner. The Parties make mutual settlements for services actually rendered before the suspension of obligations.

12. USAGE RESTRICTIONS

  • 12.1. It is strictly forbidden to take the scooter outside the boundaries defined on the mobile application map. Violation entails the User's obligation to pay the Company's expenses for returning the Scooter, including but not limited to: evacuation costs, the cost of fuel for two Scooters (one for delivering the driver to the place where the Scooter was left, the other for its return); rental of two Scooters until the User's Scooter is returned, services of two Scooter drivers to carry out the return according to the Company's current rates at the time of violation.
  • 12.2. If the User violates clause 12.1 and leaves the Scooter outside the permitted area, the Scooter rental is considered ongoing and the rental fee is charged without interruption until the Scooter is returned to the permitted area. Also, if the User violates clause 12.1, the Company has the right to remotely block the scooter and demand its return from the User.
  • 12.3. Parking rented scooters in underground parking lots is prohibited. In case of violation of this clause, the User is liable for 1,000 TL.

13. RENTAL PERIOD AND PAYMENT

  • 13.1. The duration of the rental, rates, and payment terms in case of delay are set out in the appendix to this Agreement.
  • 13.2. The Company, using its own tracking systems, determines the actual rental time of the Scooter and determines the actual rental period, including penalty points provided for in this Agreement, when the rental fee continues to be charged despite the actual use of the Scooter ending.
  • 13.3. The rental cost based on its actual duration is calculated by the company and unilaterally debited from the User's payment card entered in the Application.
  • 13.4. In case of disputes over amounts debited from payment cards, the User must, within 5 days after the end of the relevant month, provide the Company with written notice indicating the date of the trip and the time it started and ended. The User also undertakes to promptly notify the Company of any changes in payment card information. The Company is not legally responsible for unauthorized use of cards by third parties if it did not occur through the Company's fault.
  • 13.5. If the payment card details are changed and the Company is not notified, the latter has the right to block the use of the Scooter and terminate this Agreement unilaterally out of court.

14. PENALTIES

  • for USER violations of obligations
  • (this section combines all penalties and may duplicate sanctions specified in other sections of this Agreement)
  • 14.1. For violations related to documents and access:
  • 14.1.1. Uploading fake documents or documents of third parties results in blocking the User's account and banning the use of the Application.
  • 14.1.2. Using the Service with a revoked, suspended, or expired driver's license results in a fine of 20,000 TL and early unilateral out-of-court termination of the Agreement by the Company.
  • 14.1.3. Failure to notify the Company of deprivation (restriction) of the right to drive a vehicle results in a fine of 20,000 TL and early unilateral out-of-court termination of the Agreement by the Company.
  • 14.1.4. Failure to notify the Company of changes in payment card details results in blocking the possibility of using the Scooter and early unilateral out-of-court termination of the Agreement by the Company.
  • 14.2. For violation of traffic and safety rules:
  • 14.2.1. Driving the Scooter under the influence of alcohol, drugs, or other intoxication, as well as transporting prohibited substances: Fine of 10,000 TL and early unilateral out-of-court termination of the Agreement.
  • 14.2.2. Use of lanes intended for public transport: Fine of 5,000 TL.
  • 14.2.3. Failure to use a helmet, reflective vest, or other mandatory protective equipment: Fine of 1,000 TL (duplicated in clause 14.6.3).
  • 14.3. For violations related to the use of the Scooter:
  • 14.3.1. Carrying passengers or cargo: Fine of 7,500 TL for each violation and early unilateral out-of-court termination of the Agreement.
  • 14.3.2. Transfer of control of the Scooter to a third party: Fine of 7,500 TL and early unilateral out-of-court termination of the Agreement.
  • 14.3.3. Using the Scooter for unintended purposes or in unauthorized places (including sports events, races, closed roads): Fine of 10,000 TL for each violation and early unilateral out-of-court termination of the Agreement.
  • 14.4. Violations related to parking and the area of operation:
  • 14.4.1. Parking the Scooter outside the zones defined in the Application: Fine of 1,000 TL (Improper parking / Parking violation).
  • 14.4.2. Parking the Scooter in underground parking lots: Fine of 1,000 TL.
  • 14.4.3. Taking the Scooter outside the area displayed in the Application: Fine of 1,000 TL (Leaving the map area) and the User's obligation to reimburse all the Company's expenses for returning the Scooter, including but not limited to: evacuation costs, fuel costs for two Scooters (driver delivery and Scooter return), rental fees for two Scooters for the duration of the operation, services of two drivers at the Company's current rates. Additionally: Rental fees are charged without interruption until the Scooter is returned to the permitted area; the Company may remotely block the Scooter.
  • 14.5. For material damage and losses caused to the Company:
  • 14.5.1. Loss of the Scooter: The User is obliged to reimburse the cost of the Scooter in the amount of 120,000 TL.
  • 14.5.2. Damage to the Scooter making it unusable: The User is obliged to pay the Company's lost profit in the amount of the daily rental rate for each day of downtime and reimburse the Company's expenses for restoring the Scooter. In case of complete loss of operability - reimbursement of the full cost of the Scooter + a fine in the amount of the monthly rental fee for the Scooter.
  • 14.5.3. Any damage to the Scooter, theft, causing losses to the Company and/or third parties (including fines for traffic violations, harm to life/health – own and/or third parties) and their property entails the User's obligation to reimburse them in full.
  • 14.5.4. Evacuation costs, monetary penalties (parking fines, traffic violations), official fees incurred through the User's fault must be paid in full by the User.
  • 14.5.5. Losses to the Company and/or third parties caused by the User's failure to immediately notify of an incident and ensure the safety of the Scooter entails the User's obligation to reimburse losses in full.
  • 14.6. Fixed fines for specific violations (addition):
  • 14.6.1. Improper parking: 1,000 TL (similar to clause 14.4.1).
  • 14.6.2. Leaving the map area: 1,000 TL (similar to clause 14.4.3).
  • 14.6.3. Refusal to wear a helmet: 1,000 TL (similar to clause 14.2.3).
  • 14.6.4. Parking violation: 1,000 TL (similar to clause 14.4.1).
  • 14.6.5. Loss of scooter: 120,000 TL (similar to clause 14.5.1).
  • 14.7. Procedure for applying sanctions and penalties:
  • 14.7.1. The Company has the right to unilaterally and out of court debit all fines, rental fees (including those charged for the period of improper rental completion or the Scooter being outside the permitted area), the cost of damages, losses, and expenses provided for in this section and the Agreement, from the User's payment method specified in the Application.
  • 14.7.2. The User must, within 3 (three) banking days from the date of receipt of the Company's demand, fulfill any received demand (payment of rent, fines, sanctions, claims of third parties, government agencies, etc.), if its debiting under clause 14.7.1 is impossible for any reasons beyond the Company's control.
  • 14.7.3. If the User fails to fulfill payment obligations (impossibility of debiting or non-payment upon demand), access to the Application is blocked, all payments and losses are recovered in court with all related expenses (transportation costs, state duties, attorney fees, etc.) charged to the User.
  • 14.8. Ratio of fines and compensation for damages:
  • 14.8.1. Payment of fines and other monetary penalties does not relieve the User of the obligation to fully compensate the Company for all damages caused. Fines and other monetary penalties are collected in addition to the amount of damages.
  • 14.8.2. The Company retains the right to claim additional compensation for damages caused by the User's actions/inaction and the right to file claims in court or law enforcement agencies, regardless of the application of penalties.
  • 14.8.3. The User must compensate the Company for any damages within no more than 7 (Seven) days from the date of receipt of the relevant demand from the Company.
  • 14.9. Termination of the Agreement:
  • 14.9.1. Violations specified in clauses 14.1.2, 14.1.3, 14.2.1, 14.3.1, 14.3.2, 14.3.3, 14.7.3 entail early unilateral out-of-court termination of the Agreement by the Company.

15. SAFETY, ACCIDENTS AND DAMAGE

  • 15.1. The User assumes full responsibility for any incidents related to the use of the scooter, including harm to third parties and their property, monetary penalties, sanctions, fines, and consequences of accidents. The Company reserves the right to claim damages.
  • 15.2. In case of an accident, theft, fire, and other incidents, the User must immediately notify the Company, inform law enforcement agencies, and obtain an official report from the authorized authorities.
  • 15.3. If due to the User's fault the scooter cannot be used, the latter undertakes to pay lost profits in the amount of the daily rental rate for each day of downtime, as well as the Company's expenses for restoring the Scooter. In case of complete loss of operability of the Scooter – the User must reimburse the cost of the Scooter based on the invoice issued by the Company.
  • 15.4. Use of the scooter in places not intended for this or for unintended purposes is strictly prohibited. For violation of this clause, the User is liable for 10,000 TL for each violation and early unilateral out-of-court termination of the Agreement.
  • 15.5. In case of an accident or incident, the User must ensure the safety of the scooter and immediately notify the Company of the incident. For any losses to the Company caused by violation of this obligation, the User bears full responsibility.
  • 15.6. All evacuation costs, monetary penalties for parking, official fees incurred through the User's fault are paid in full by the User. The Company reserves the right to claim damages.
  • 15.7. Any losses caused to the Company, the User undertakes to reimburse within no more than 7 (Seven) days from the date of receipt of the relevant demand from the Company.

16. CONFIDENTIALITY AND PERSONAL DATA

  • 16.1. Identification data, driver's information, geolocation, and other information about the User are processed solely for the purpose of providing the service in accordance with the Law on the Protection of Personal Data (KVKK).
  • 16.2. By registering in the Lavanta Ride mobile Application, the User gives their consent to the processing of their personal data (full name, identity document data, driver's license data, address, phone, payment card data (including details), and other information entered by the User during registration).

17. EVIDENCE AGREEMENT

  • 17.1. The Parties acknowledge that any records of the Company, including commercial logs, electronic and system data, correspondence, messages in messengers, emails, correspondence in social networks, will be valid, final, and exclusive evidence in the event of a dispute between the Parties.
  • 17.2. The exchange of data specified in clause 17.1 is carried out via the contacts and details specified by the User in the mobile Application. Any notification sent via messengers, email, and/or the Application is considered received by the other Party on the day it is sent, unless the recipient proves otherwise. The risk of changing one's own contacts and details and not correcting them in the Application is borne by the User independently. Any message, notification, demand, document, etc., sent by the Company to the contacts and details specified by the User in the Application, is considered properly sent.

18. WAIVER AND SEVERABILITY

  • 18.1. Failure or non-performance by either Party of any right granted to it in the Agreement does not constitute a waiver of such right and does not prevent subsequent use or performance of such right. The invalidity, illegality, or unenforceability of any provision of this Agreement or any statement contained herein does not affect the validity and effect of the remaining provisions of the Agreement.

19. INTERPRETATION

  • 19.1. The headings in this Agreement do not affect the interpretation of its provisions. The words "or", "including" mean "including but not limited to". Words in the singular include the plural and vice versa. All pronouns cover masculine, feminine, and neutral gender.

20. VOLUNTARINESS OF CONCLUSION

  • 20.1. This Agreement is concluded voluntarily, without pressure or influence from the Company. The User confirms that they fully understand the legal force and consequences of all provisions of this Agreement.

21. ENTRY INTO FORCE AND JURISDICTION

  • 21.1. The Agreement comes into force from the moment it is approved by the User through the mobile application. It is automatically terminated after the proper completion of the rental.
  • 21.2. All disputes arising from this Agreement are subject to consideration in the courts and executive bodies of the city of Antalya.
  • The User confirms that they have read, understood, and accepted all the terms of this Agreement

Mersis no: 0608174308000001

Vergi no: 6081743080

Ticaret sicil no: 133915

Şirket bilgileri: LAVANTA TRADE TARIM SAN. TİC. LTD. ŞTİ. Yeni̇gün Mh. Mevlana Cd. No:76B Muratpaşa ANTALYA Çerez Kullanımı ÇEREZ (“COOKIE”)

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Представительство в Российской Федерации: ООО "МАКС ТРАСТ"

ИНН: 7813650456

ОГРН: 1217800012627

Адрес: 197022, г. Санкт-Петербург, наб. Реки Карповки, д. 5 литера Г, часть помещения 4