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LAVANTA TRADE TARIM SAN. TİC. LTD. ŞTİ

PARTIES

1.1 This Agreement is concluded between: Lavanta Trade Agriculture Industry & Commerce Ltd. Şti. headquartered in Antalya; The individual utilizing the motorcycle rental service through the Lavanta Ride mobile application.
1.2 This Agreement regulates the terms of use for the motorcycle rental service provided via the Lavanta Ride mobile application and determines the rights, obligations, and legal relationship between the Parties.

DEFINITIONS
2.1. Company – Lavanta Trade Agriculture Industry & Commerce Ltd. Şti.
2.2. User – A registered user of the Lavanta Ride mobile application who holds a valid driver's license for all relevant vehicle categories and utilizes the motorcycle rental service. (Identical)
2.3. Vehicle / Motorcycle – Gasoline-powered motor vehicles classified as motorcycles and offered by the Company under the rental service.
2.4. Service – The motorcycle rental service provided by the Company through the mobile application.
2.5. Mobile Application – The software developed by the Company for reserving, using, and paying rental fees for motorcycles.

SUBJECT OF THE AGREEMENT
3.1. Under this Agreement, the Company transfers to the User the temporary right to use the motorcycle for a specified period and fee within the framework of the rental conditions.
3.2. This Agreement regulates the conditions for providing the motorcycle rental service within the areas designated on the mobile application map. The User, by accepting this Agreement, commits to: Renting the motorcycle only within the boundaries shown in the application; and Complying with all rules established by the Company.
3.3. By signing this Agreement, the User declares that they have read and accepted all rules of the Company, the content of this Agreement, and the appendices of Lavanta Ride.
3.4. This Agreement enters into force at the moment the User registers for the Lavanta Ride Application and shall be deemed signed by the Parties.

RENTED MOTORCYCLES
4.1. Within the scope of this service, the Company rents out gasoline-powered motorcycles suitable for urban use.

DRIVER’S LICENSE VERIFICATION
5.1. The User declares, acknowledges, and undertakes that:
5.2. They possess a valid driver’s license suitable for the technical specifications of the motorcycle being used or a driver’s license recognized as valid under the laws of the Republic of Turkey.
5.3. Before starting the journey, they must upload their identity document and driver’s license information to the Company’s mobile application and complete the verification process. The motorcycle cannot be collected until this information is fully uploaded and approved.
5.4. If fake documents or documents belonging to third parties are uploaded, the Company reserves the right to block the User’s account and prohibit further use of the application, as well as to report the matter to legal authorities.

REGISTRATION AND VERIFICATION
6.1. Registration, rental, payment, and all other transactions are conducted exclusively through the Lavanta Ride mobile application. 6.2. The User is obligated to upload photos of their identity document and driver’s license to the application. The Company reserves the right to verify the validity and accuracy of these documents. If the information is incomplete or incorrect, the registration will not be completed, and the rental process cannot proceed. The User is fully responsible for the accuracy of the declared information.

RESERVATION AND MOTORCYCLE DELIVERY

7.1. All rental steps are completed through the Company’s mobile application. The User reserves the desired motorcycle via the application. Before taking delivery of the motorcycle, the User must:
Upload a facial photo to the application to complete the matching process with their driver’s license.
Fulfill the checklist specified in the application. The User begins using the motorcycle by activating the "start" command in the application; the rental period ends with the "finish" command. The motorcycle can only be started using the "start" command. After the ride, the User must: Park the motorcycle in the designated area. Terminate the rental via the application. Upload a photo showing the entire motorcycle. If these steps are not completed, the rental will be considered ongoing, and billing will continue without interruption.

SCOPE AND CONDITIONS OF SERVICE

8.1. The Company provides motorcycles for rental only within the areas defined in the mobile application. Usage outside these areas is strictly prohibited.

8.2. The User agrees to use the rented motorcycle solely for personal purposes and not to transfer it to third parties.
8.3. All rental processes, including initiation and termination, must be conducted exclusively through the mobile application.

8.4. The pick-up and drop-off locations for the motorcycle are designated in the application. The User is fully responsible for any damages or fines resulting from parking the motorcycle outside these areas, as per the amounts specified in this Agreement. 8.5. The User is entirely liable for all damages caused to the motorcycle, as well as losses incurred by the Company or third parties. In all cases, including but not limited to: Theft or damage to the motorcycle, Traffic fines, Harm to the User’s or third parties’ life or health, the User undertakes to fully compensate for all such damages. The Company reserves all legal rights to claim compensation for losses.
8.6. The daily rental period is set at 24 hours.

DRIVER'S LICENSE, AGE, AND AUTHORIZATION

9.1. The User must possess a valid driver’s license appropriate for the motorcycle’s technical specifications.
9.2. The driver’s license must be uploaded to the system and approved.

9.3. If the User’s driver’s license is revoked, suspended, or expired, they forfeit the right to use the service and must terminate the rental as specified in this Agreement. Violation of this condition obligates the User to pay a penalty of 20,000 TRY, and the Agreement may be unilaterally terminated by the Company extrajudicially.

9.4. In the event that the driver's license becomes invalid, the User must immediately notify the Company. Violation of this obligation will result in a 20,000 TRY penalty and immediate unilateral termination of the Agreement by the Company.

TERMS OF USE AND SAFETY

10.1. The User undertakes to return the Motorcycle in technically sound condition, with all its equipment (helmet, reflective vest, accessories, and equipment) intact.

10.2. The Motorcycle may only be used within city roads as indicated on the mobile Application map. Its use is prohibited in sports events, races, endurance tests, or roads closed to traffic.
10.3. The Motorcycle must not be used for paid passenger transportation.

10.4. The Motorcycle shall only be operated by the User. Carrying multiple passengers or cargo is strictly prohibited. Violation of this rule shall subject the User to a penalty of 7,500 TRY per offense, and the Agreement shall be terminated unilaterally and extrajudicially.

10.5. The User agrees to comply with Highway Traffic Law No. 2918 and all related regulations. Any violations by the User shall not be attributed to the Company; all liability rests solely with the User. The Company reserves the right of recourse for any claims brought by third parties and/or government authorities (including police and gendarmerie).

10.6. All damages and expenses (including fines, claims, and sanctions) arising from the User’s fault shall be borne by the User. The Company retains the right of recourse.
10.7. The use of a helmet, reflective vest, and other protective equipment is mandatory. Violation of this rule shall trigger the liabilities stipulated in the Agreement.

10.8. Operating the Motorcycle under the influence of alcohol, narcotics, or any other substances, as well as transporting prohibited substances, is strictly forbidden. Violation will result in a 10,000 TRY penalty and unilateral, extrajudicial termination of the Agreement. 10.9. The User is prohibited from entering public transportation zones or using lanes reserved for such vehicles. Violation incurs a 5,000 TRY penalty.

10.10. Only the User may operate the Motorcycle. Transfer to third parties is forbidden. Breach of this rule entails a 7,500 TRY penalty and unilateral, extrajudicial termination of the Agreement.

LIMITATION OF LIABILITY. FORCE MAJEURE

11.1. The User agrees not to make any claims against the Company for traffic accidents, injuries, or damages to third parties occurring during the Rental Period. All responsibility for such incidents lies solely with the User.

11.2. The Company is not legally responsible for the security of personal belongings left on the Motorcycle during or after the Rental Period.

11.3. If circumstances beyond the Company’s control arise, the Company may terminate this Agreement immediately without any obligation to compensate the User.

11.4. Neither Party shall be held liable for failure or partial performance of obligations due to Force Majeure.

11.5. Definition of Force Majeure: The Parties agree that Force Majeure refers to extraordinary,
unforeseeable, and unavoidable events occurring after this Agreement’s signing, beyond the Parties’
reasonable control, including but not limited to:

11.5.1. Natural Disasters: Earthquakes, floods, tsunamis, volcanic eruptions, hurricanes, tornadoes, heavy snowfall, avalanches, landslides, wildfires (not caused by the Parties’ negligence), epidemics, pandemics (declared by WHO or Turkish authorities), or other natural catastrophes.
11.5.2. Technological & Social Events: Wars (declared or undeclared), military conflicts, blockades, terrorist acts, sabotage, mass uprisings, riots, revolutions, civil unrest, or the declaration of a state of emergency/martial law in Turkey or the User’s country of residence.

11.5.3. Government Actions: Binding prohibitions by Turkish or foreign authorities directly affecting this Agreement (e.g., travel bans, curfews, export-import restrictions, vehicle usage bans, sanctions, expropriation, embargoes).
11.5.4. Critical Infrastructure Failures: Large-scale disruptions in energy, communications
(mobile/internet), or transport (rail/air/maritime) severely paralyzing daily life in Antalya and/or the
rental zone.

11.5.5. Unforeseen Tech Failures: Prolonged disruptions in payment systems (Visa, Mastercard, etc.) or GPS/GLONASS caused by external factors (excluding Company system failures or User negligence).
11.5.6. Other Events: Any other incidents recognized as Force Majeure under Turkish law (Turkish Code of Obligations) or international practice.

11.6. The Party unable to fulfill obligations due to Force Majeure must notify the other Party within 5
(five) calendar days of the event’s occurrence or upon learning of it, detailing the nature and expected
duration. Notification must be made via the contact methods in this Agreement or the App.
11.7. The claiming Party must provide reasonable proof (e.g., official notices, authorized documents, media reports). Failure to notify or prove Force Majeure within the deadline voids the right to invoke it.

11.8. For the duration Force Majeure objectively prevents performance, the Parties’ obligations are suspended.
11.9. If Force Majeure prevents the Company from providing the Service (e.g., government bans, infrastructure collapse, critical tech failures), the Company may suspend the App and rentals without liability. No rental fees apply during suspension. If the Motorcycle is with the User, they must take all reasonable measures to park it safely in a permitted area and terminate the rental via the App (if safe and feasible). The Company unilaterally determines return procedures after Force Majeure ends.
11.10. If Force Majeure prevents the User from using the Motorcycle (e.g., curfews, infrastructure damage, App inaccessibility), the User must: Notify the Company (per Clause 12.2). Safely park and terminate the rental if possible. Rental fees are suspended upon validation of Force Majeure. If the User fulfills obligations, damage/loss risk is shared by mutual agreement.
11.11. Suspension of obligations lasts for the Force Majeure period + a reasonable recovery time.
11.12. If Force Majeure continues uninterrupted for 60 (sixty) days, either Party may terminate the Agreement via written notice (App/email). Termination is effective upon receipt. Pre-Force Majeure financial obligations remain enforceable. Parties must settle accounts for services rendered before suspension.

USAGE RESTRICTIONS
12.1. It is strictly prohibited to take the Motorcycle outside the map boundaries specified in the mobile application. In case of violation, the User is obligated to reimburse all expenses incurred by the Company for retrieving the Motorcycle, including but not limited to: Towing fee, Fuel costs for two Motorcycles (one for the driver’s transit to the abandoned Motorcycle, and another for returning it), Rental fees for both Motorcycles (until retrieval is completed), Service charges for two drivers (based on the Company’s rates at the time of violation).

12.2. If the User violates Clause

12.1 by leaving the Motorcycle outside the permitted zone: The rental period continues uninterrupted, and rental fees accrue until the Motorcycle is returned to the permitted zone. The Company has the right to remotely lock the Motorcycle and demand the User return it.
12.3. Parking the rented Motorcycle in underground parking facilities is prohibited. Violators are subject to a penalty of 1,000 TRY.

RENTAL PERIOD AND PAYMENT
13.1. The rental duration, applicable rates, and payment terms for delays are specified in the annex to this Agreement.
13.2. The Company determines the actual rental period of the Motorcycle through its tracking systems, calculating fees including penalties under this Agreement—even if actual usage has ended but rental fees continue to accrue.
13.3. The rental fee, calculated by the Company based on actual usage period, is unilaterally charged to the User’s payment card registered in the Application, without prior approval. 13.4. The User must submit a written notice to the Company within 5 days after the end of the relevant month to dispute charges, specifying the trip date, start/end times. The User also agrees to promptly notify the Company of any changes to their payment card details. The Company bears no legal liability for third-party misuse of payment cards unless due to the Company’s negligence.
13.5. If payment card details change and the User fails to notify the Company, the Company may block the Motorcycle’s use and terminate this Agreement unilaterally, without judicial recourse.

PENAL SANCTIONS FOR USER VIOLATIONS OF OBLIGATIONS
14.1. Violations Related to Documents and Access:
14.1.1. Uploading falsified documents or documents belonging to third parties will result in the blocking of the User’s account and a ban on using the Application.
14.1.2. Using the Service with a canceled, suspended, or expired driver’s license will incur a 20,000 TRY penalty and grant the Company the right to unilaterally terminate the Agreement without judicial recourse.
14.1.3. Failure to notify the Company of the revocation (or restriction) of driving privileges will incur a 20,000 TRY penalty and grant the Company the right to unilaterally terminate the Agreement without judicial recourse.
14.1.4. Failure to notify the Company of changes to payment card details will result in the blocking of Motorcycle use and grant the Company the right to unilaterally terminate the Agreement without judicial recourse.
14.2. Traffic Rule and Safety Violations:
14.2.1. Operating the Motorcycle under the influence of alcohol, narcotics, or other stimulants, or transporting prohibited substances: 10,000 TRY penalty and termination of the Agreement.
14.2.2. Using lanes reserved for public transportation: 5,000 TRY penalty.
14.2.3. Failure to use a helmet, reflective vest, or other mandatory protective gear: 1,000 TRY penalty.
14.3. Motorcycle Usage Violations:
14.3.1. Carrying passengers or cargo: 7,500 TRY penalty per violation and termination of the
Agreement. 14.3.2. Transferring the Motorcycle to a third party: 7,500 TRY penalty and termination
of the Agreement.
14.3.3. Using the Motorcycle outside its intended purpose or in unsuitable locations (including sports events, races, or closed roads): 10,000 TRY penalty per violation and termination of the Agreement.
14.4. Parking and Zone Violations:
14.4.1. Parking the Motorcycle outside designated zones in the Application: 1,000 TRY penalty.
14.4.2. Parking the Motorcycle in underground parking facilities: 1,000 TRY penalty.
14.5. Material Damages and Losses Incurred by the Company:
14.5.1. Loss of the Motorcycle: User must pay 120,000 TRY (full value).
14.5.2. Motorcycle rendered unusable: User covers daily rental fees + repair costs. If irreparable: full Motorcycle value + one month’s rental fee as penalty.
14.5.3. Any damage, theft, or harm to the Motorcycle, Company, or third parties (including traffic fines, bodily/property damage): Full liability on User.
14.5.4. Towing fees, penalties (parking/traffic violations), official charges due to User negligence: Fully borne by User.
14.5.5. Failure to immediately report accidents or secure the Motorcycle, causing harm: Full liability
on User.
14.6. Fixed Penalties for Specific Violations:
14.6.1. Improper parking: 1,000 TRY.
14.6.2. Exceeding map boundaries: 1,000 TRY.
14.6.3. No helmet: 1,000 TRY (ref. Clause 14.2.3).
14.6.4. Parking violations: 1,000 TRY (ref. Clause 14.4.1).
14.6.5. Motorcycle loss: 120,000 TRY (ref. Clause 14.5.1).
14.7. Enforcement and Collection Procedures:
14.7.1. The Company may unilaterally deduct all penalties, fees (e.g., accrued rental charges for improper termination/out-of-zone use), damages, and costs from the User’s registered payment method without judicial process or prior approval.
14.7.2. If deduction fails (e.g., insufficient funds), the User must pay within 3 business days of
notification.

14.7.3. Non-payment results in Application access suspension and legal collection (all litigation costs borne by User).
14.8. Relationship Between Penalties and Compensation:
14.8.1. Penalties do not exempt User from compensating damages.
14.8.2. The Company reserves the right to pursue additional legal/criminal action beyond penalties.
14.8.3. User must fully compensate damages within 7 days of demand.
14.9. Termination of Agreement:
14.9.1. The Company may unilaterally terminate the Agreement without judicial process for violations under: Clauses 14.1.2, 14.1.3, 14.2.1, 14.3.1, 14.3.2, 14.3.3, 14.7.3.

SAFETY, ACCIDENTS, AND DAMAGE
15.1. User Liability The User expressly accepts full liability for all incidents occurring during the Motorcycle’s use (including damages to third parties/property, fines, penalties, and accidents). The Company reserves the right to claim compensation for all incurred damages.

15.2. Incident Reporting Obligations In the event of an accident, theft, fire, or any other incident, the User must: Immediately notify the Company, Report to law enforcement authorities, Obtain an official report from the competent authorities.
15.3. Compensation for Unusable Motorcycles If the Motorcycle is rendered unusable due to the User’s negligence, the User agrees to: Compensate the Company for lost income (calculated as the daily rental fee for each idle day) and repair costs. In cases of total loss, pay the full value of the Motorcycle (as per the Company’s invoice).
15.4. Prohibited Use of the Motorcycle Using the Motorcycle outside its intended purpose or in unsuitable locations (including but not limited to sports events, races, or closed roads) is strictly prohibited. Violations will result in: A 10,000 TRY penalty per incident, Immediate unilateral termination of the Agreement without judicial recourse.
15.5. Post-Incident Obligations In case of any incident or accident, the User must: Secure the Motorcycle to prevent further damage, Notify the Company immediately. All damages resulting from the User’s failure to comply with these obligations shall be fully borne by the User.
15.6. Coverage of Expenses Due to Negligence The User agrees to fully cover all expenses arising from their negligence, including but not limited to: Towing fees, Parking fines, Official fees, All other related expenses. The Company’s right to claim additional damages remains reserved.
15.7. Compensation Deadline The User must compensate the Company for all damages within 7 (seven) days of receiving a formal demand.

PRIVACY AND PERSONAL DATA
16.1. Data Processing The User’s identity, driver’s license details, location data, and other personal data are processed solely for service provision and in compliance with Turkey’s Personal Data Protection Law (KVKK).
16.2. Explicit Consent By registering on the Lavanta Ride mobile Application, the User explicitly consents to the processing of the following personal data: Full name, ID and driver’s license details, Address and phone number, Payment card information.

EVIDENCE AGREEMENT
17.1. Binding Nature of Records Both parties agree that the Company’s records, including but not limited to: Commercial logs, Electronic/system data, Correspondence (emails, social media messages), Messages sent via apps (WhatsApp, SMS, etc.), shall constitute valid, binding, conclusive, and sole evidence in any dispute.
17.2. Notification Procedures All communications under this Agreement shall be sent to the User’s registered contact details in the Application. Notifications sent via messaging apps, email, or the Application are deemed received on the sending date unless proven otherwise. The User bears all risks of failing to update their contact information. The Company’s notifications to the User’s registered details are considered properly served.

WAIVER OF RIGHTS AND SEVERABILITY
18.1. Non-Waiver Clause A party’s failure to enforce a right does not waive that right for the future. If any provision is invalid, illegal, or unenforceable, the remaining provisions remain fully valid and effective.

INTERPRETATION
19.1. Legal Interpretation Rules Section headings do not affect interpretation. Terms like “or” and “including” mean “without limitation”. Singular words include the plural (and vice versa). Pronouns apply to all genders (male, female, and gender-neutral).

VOLUNTARY ACCEPTANCE OF AGREEMENT
20.1. User Declaration This Agreement is entered into entirely voluntarily by the User without coercion, pressure, or inducement by the Company. The User confirms they fully understand all binding legal consequences.

EFFECTIVENESS AND JURISDICTION
21.1. Effective Date and Termination The Agreement becomes effective upon the User’s acceptance via the mobile Application. It automatically terminates upon proper completion of the rental.
21.2. Governing Law and Jurisdiction All disputes fall under the exclusive jurisdiction of courts and enforcement offices in Antalya, Turkey.