General Terms and Conditions
Welcome to GO Sharing
These are Go Sharing general terms and conditions (the Terms). Go Sharing offer users the GO Sharing App (the App) which makes it easy to reserve and unlock shared vehicles (the Services). Learn more about how this works – or if Customer want to get started right away – and download the App or visit Go Sharing’s Website www.go-sharing.com.
Go Sharing offer Services on condition that Customer accept these Terms. Go Sharing may amend these Terms. Customer agrees that the latest version of these Terms will always apply to the Services.
What is Go Sharing? Go Sharing Mobilite Hizmetleri ve Tic. A.S., also trading under the name GO Sharing, a company with limited liability, with its registered office in Gursel Mah. Imrahor Cad. No:29 Premier Kampus Ofis B Blok No:6 Kagithane 34400 and listed in the trade register of the Chamber of Commerce under number: 239215-5
Who is Customer? A consumer and/or a legal entity who makes Use and/or has made Use of our App and/or simply visits our website. In these Terms, we also refer to he/she as the (Customer).
Article 1- DEFINITIONS
The following definitions are used in these Terms:
(a) Go Sharing: Go Sharing Mobilite Hizmetleri ve Tic. A.S,
(b) Service: Electric scooters / vehicles owned by Go Sharing are reserved by the Customer and the rental service, the details of which are specified within the scope of this Agreement and its annexes,
(c) Application/App: GO Sharing Application, which enables unlocking of electric scooters / vehicles and provides updated information about the Service,
(d) General Terms and Conditions: Conditions regarding the use of electric scooters / vehicles that are the subject of this Agreement belonging to Go Sharing,
(f) Customer/User: The person consumer who is a party to this Agreement who receives the services offered by Go Sharing through the Application
(g) Preliminary Information Form: The annex to this Agreement, which specifies the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No 6502 and Distance Contracts Regulation (Official Gazette: 27.11.2014 / 29188)
(h) Service Area: an area designated by GO Sharing where Use of the Vehicle can be started and ended. The most up-to-date version of the Service Area can be found on the digital map in the App or on the Website.
(ı) Customer Services: GO Sharing Customer Services. For more up-to-date contact details, please refer to our Website.
(i) Agreement: This Go Sharing Distant Sale Agreement,
(j) Rental Agreement: the agreement that is established for each Use.
(k) Other costs: list of rates for Use of our Services, available on the Website. The other costs list includes rates for Use of the Vehicles and the amounts of the fines on infringement of the Terms.
(l) Ground Rules: the rules applicable to the Use of our Services, available on the Website.
(m) Website: GO Sharing Website: www.go-sharing.com.
(n) Law: the Law on the Protection of Consumers
Other definitions – can be identified as starting with a capital letter – can also be given in the provisions themselves.
Article 2- SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement; It is the receipt of the Service, whose qualifications, information and price are specified below, where the Customer has ordered to rent electric scooters / vehicles belonging to Go Sharing and provided by Go Sharing at the Application. This Agreement regulates the mutual rights and obligations of the Parties in accordance with the provisions of the Law and the Regulation on Distance Contracts.
2.2. This Agreement is regulated in accordance with the Law, Regulation on Distance Contracts and other legislation. The Customer and the Go Sharing acknowledge, declare and undertake that they are aware of the responsibilities and obligations imposed by this Agreement and the laws and regulations and other legislation.
Article 3-FUNDAMENTAL QUALITY AND SCOPE OF THE SERVICE
3.1. Under this Agreement, Go Sharing will serve the Customer only for the rental of electric scooters / vehicles, limited to the following subjects:
- Renting of Go Sharing’s electric scooters / vehicles by making a reservation via Application,
- Installing the rented electric scooters / vehicles for the use of the Customer for a maximum of 7 (seven) days,
iii. Informing about how to use electric scooters / vehicles via Application,
- Helpline service by phone / application for electric scooters / vehicles
- …… ..
3.2. The Service is only a service to ensure that electronic scooters / vehicles are rented on the Application and does not include any other service other than the Services specified in this Agreement and the Terms and Conditions.
Information on the use of the service is provided below.
3.3.1. Use can be made of our Services by signing in via the App. In doing so, we request that all requested personal and payment data (the data received in accordance with your express consent declaration and the information text prepared in the Personal Data Protection Law No.6698 (“Law”) be provided and that the verification procedure (for the payment method and driving licence) be followed. Once all the necessary data has been provided and the verification procedure has been completed, your account will be activated (the Account).
3.3.2. GO Sharing may always ask you to follow the verification procedure again. GO Sharing reserves the right to decide which verification procedure is preferred in the actual case. In all cases, GO Sharing is always entitled to block your Account if it deems this necessary, which in any event is understood to include your non-compliance with the request.
3.3.3.Customer is personally responsible for the accuracy, protection, access and use of own Account. If Customer suspect that a third party is using your Account (unlawfully), please report this immediately via firstname.lastname@example.org.
3.3.4. Use of Account is strictly personal. It is not permitted to allow other people access to Customer’s Account, inter alia, by making login details available to a third party. For any breach of this condition, we may impose a contractual penalty for Customer (as set out in the other costs), without prejudice to our right to additionally claim compensation.
3.3.5. Customer declares that the personal data you used while creating your account are correct. If Go Sharing suspect that the (personal) data Customer has provided is invalid, or if Customer’s Use of the Services is not in accordance with these Terms, Agreement and/or relevant laws and regulations, Go Sharing may suspend, terminate or otherwise restrict Customer’s Use of our Services (including the Use itself).
3.4.1. Customer can reserve the shared vehicles (the Vehicles) via App and actually Use them (the Use). The Use of the Vehicles is governed by the Ground Rules. [and country-specific laws and regulations. GO Sharing may impose additional conditions (in accordance with the Law on the Protection of the Consumer No.6502) on the Use of a specific Vehicle and/or Use in a specific Service Area. These conditions are mostly shown in the App.
3.4.2. A reservation of the Vehicle (and thus the Rental Agreement) is only made after it has been confirmed in the App by GO Sharing. A successful reservation does not guarantee availability of a (functioning) Vehicle.
3.4.3. Use of the Vehicle can only start and end in the Service Area designated for this purpose in the App. Use will not end until the App notifies Customer that Use has ended successfully.
3.4.4. Use of the Vehicle can be limited in time. The maximum duration for Use of the Vehicle is stated in the App and is, in any case, no longer than 7 (seven) days, unless GO Sharing has given written permission for a deviating maximum duration.
3.4.5. Customer has the right to rent as many vehicles as he/she wishes, and the 7 (seven) day period is the maximum use of the rented Vehicle. Customer will use the Vehicle rented within this period without causing any damage in accordance with the Terms and Condition.
3.4.6. Service provided to the Customer is a 24/7 Vehicle rental service, and will always be able to rent a vehicle regardless of the time and day via the Application. Go Sharing can send password / ask security questions during reservation to verify the identity of the Customer.
3.5. Discount packages and driving time
3.5.1. A credit for Use (such as driving time or discount packages) (the Credit) is subject to a limited period of validity.
3.5.2. If the Credit is purchased, then the moment of issue will occur as soon as the Credit is apparent on the Account and the period of validity, in principle, is limited to one (1) year after issue date, unless explicitly stated otherwise.
3.5.3. If Credit is provided in the context of promotional activities, the validity period, in principle, is limited to 30 days, unless explicitly stated otherwise.
Article 4- PAYMENT INFORMATION OF THE AGREEMENT SUBJECT SERVICE
4.1. The price and payment (collection) information of the Service purchased by Customer are as follows:
|Description of the
Service Search Price
4.2 If for any reason, after the service is provided, the Bank / financial institution to which the credit card or debit card belongs, fails to pay the Service fee to Go Sharing or demands a refund, Go Sharing will decide to terminate the performance of the Service immediately
4.3. In cases where Customer pays the service fee by a credit card or a debit card, all the facilities provided by these cards are payment options directly provided by the card issuer.
Article 5- PAYMENT – INVOICE
5.1. Invoice Delivery: It will be sent as an e-invoice to the e-mail address notified by Customer to Go Sharing.
5.2. Rate, payment and debt collection
5.2.1. GO Sharing determines the cost of Use based on the prevailing Other costs (to be found on our Website) and the actual Use. Do you have a subscription or a discount code? This will be taken into account.
5.2.2. Before Use can start, we agree on how the costs are to be paid. The App allows for various payment methods. Is a security deposit applicable? Then, you hereby authorise GO Sharing to charge the security deposit (as communicated in advance).
5.2.3. If payment of the due charges fails for any reason, GO Sharing will request the Customer to nonetheless pay the amount due. If the amount due is not paid by the Customer within the designated time limit, the debt will be handed over and any subsequent debt collection costs and other costs will be charged to the Customer, and/or offset against any deposit.
5.2.4. GO Sharing may require that any outstanding debt must be settled before Use can be made of the Services again.
5.3. Third-party invoicing
5.3.1. If Customer uses the payment data of someone else (legal entity, company or individual) when signing up in the App, Customer must have obtained prior consent from the person whose payment data has been provided.
5.3.2. GO Sharing is authorised to contact the person whose payment data has been provided by Customer directly to verify that Customer has actually obtained the required consent.
5.3.3. If it appears that no consent as referred to in clause 6.2.1 has been obtained, Customer must pay the outstanding debts to GO Sharing on Customer’s account and Customer will be liable for any damages suffered by GO Sharing.
5.3.4. If GO Sharing has verified the consent from the provider as referred to in clause 6.2.1, the party other than the Customer will be jointly and severally responsible and liable for all obligations of the Customer to GO Sharing arising out of these Terms and/or Agreement.
Article 6- DECLARATIONS AND COMMITMENTS OF THE PARTIES
6.1. CUSTOMER’S DECLARATIONS AND COMMITMENTS
6.1.1. Customer declares that read the preliminary information provided by Go Sharing about the basic characteristics, subject, start and expiry date, usage, amount, payment method and the provision of the Service in the Application and gives the necessary confirmation electronically.
6.1.2. Since Customer approves this Agreement and the Preliminary Information Form electronically; Customer confirms that has obtained the necessary information accurately and completely. These information is the name, title, address and agreement information, the basic characteristics of the ordered service, the subject of the service, informed about the start and end date of the service, its usage, the total price of the service including taxes, payment and performance of the service that must be given to Customer by Go Sharing before the distance contracts.
6.1.3. Customer will be able to convey all kinds of claims, demands and complaints regarding the contractual service to Go Sharing.
6.1.4. If Customer is not the owner of the credit card used to pay for the service subject to the Agreement, Customer accepts that he/she is exclusively responsible for the requests from the credit card holder.
6.1.5. Customer Liability and GO Sharing
- Customer liable for all direct and indirect damages incurred during or through the Use of the Vehicle and/or the Services, unless Customer can prove that such damage is not attributable to you.
- In any case, damage is attributable to Customer as a user if it is caused due to the following circumstances:
. There is a violation of the Agreement and/or these Terms; and
. There is gross negligence, an intentional act or wilful misconduct.
- The term ‘damage’ is understood to include, but is not limited to, consequential damages such as costs of experts, relocation expenses, depreciation, costs due to loss of profit and administrative costs.
- Customer is liable for the consequences of traffic accidents or accidents committed with a Vehicle. Customer must pay all resulting fines, levies and costs and indemnifies GO Sharing against any claims by third parties.
- Customer is liable for damages and/or injury to third parties or to third-party property caused during Use of the Vehicle. Customer indemnifies GO Sharing for any consequential and third-party claims resulting from such damage and/or injury.
- Damages caused to third parties may be covered by GO Sharing’s third-party liability motor insurance, with the exception of the excess as stated in the other costs. If the damages caused is covered by the third-party liability motor insurance, Customer is liable for payment of compensation based on the excess, without prejudice to the other provisions of this clause.
- If damage is caused by the Customer ‘s actions resulting in the insurance company not paying out, the Customer will be liable towards GO Sharing for compensation of the resulting damage.
- GO Sharing is not liable for any damages unless there is an intentional act or wilful misconduct on the part of (superiors at) GO Sharing.
Article 7- STATEMENTS AND COMMITMENTS OF GO SHARING
7.1. Go Sharing undertakes that the service subject to the Agreement will be provided in accordance with the Customer Legislation and the relevant legislation. Go Sharing is responsible for providing the Service that is the subject of this Agreement to Customer completely and without any defects.
7.2. Go sharing is obliged to notify Customer immediately or after 1 (one) day at the latest in case of force majeure, if the Service subject to the Agreement becomes impossible to provide. In the event that the provision of the service becomes impossible or cannot be provided due to force majeure, if any fee related to the rental has been collected from Customer;
. Payments made by money order are paid to the Customer in cash and in lump sum within 10 (ten) days.
. For the payments made by Customer by credit card, the service amount is refunded to the relevant bank within 7 (seven) days after the cancellation of the reservation.
7.3. Customer accepts, declares and undertakes that it cannot hold the Go Sharing responsible for possible delays in the transfer of the amount returned to the credit card by Go Sharing to the Customer’s account by the bank.
7.4. Customer knows that an internet connection is required to providing the rental service via Application. Customer accepts that he/she will not hold the Go Sharing responsible in any way in the event that the lease is not realized due to the Internet connection or the Customer ‘s phone. In the event of such a situation, all the fees paid by the Customer for the Service will be returned to the Customer within fourteen days without any deduction.
Article 8- EXCEPTION OF THE RIGHT TO WITHDRAWAL
The service to be provided by Go Sharing within the scope of this Agreement is “Exemption of the Right of Withdrawal” in accordance with the article 15.1.g. of the Distance Contracts Regulation No. 29188 published in the Official Gazette dated November 27, 2014. This article includes “Contracts for accommodation, moving goods, car rental, food and beverage supply and utilization of leisure time for entertainment or recreation, which should be done on a specific date or period.” Because of this, Customer will not be able to use the right of withdrawal.
Article 9- DURATION AND TERMINATION
9.1. The term of this Agreement and the Service continues from the lease date until the Customer terminates the lease. In any case, it expires maximum 7 (seven) days after the rental date. In the event that the lease is terminated or the period expires, Agreement will automatically terminate without any notice or warning.
9.2. At the end of the term, the Customer cannot make any request from Go Sharing about the service or the price because it does not benefit from the Service at all or enough.
9.3. The User may terminate the Agreement with GO Sharing in writing (including by email), subject to any periods of notice. Termination does not relieve the User of the obligation to pay any outstanding payments.
9.4. GO Sharing may terminate an Agreement if the Customer breaches the Agreement and damages the Vehicles.
Article 10- OTHER CONDITIONS
10.2. GO Sharing explicitly reserves the right to make changes to the Terms and the other costs. Any changes will be published in the App and/or on the Website. Any Use of the Services after this notification is deemed to be (evidence of) the Customer’s acceptance hereof.
10.3. These Terms, the Agreement and rights ensuing from it will be governed by Turkish law.
10.4. According to the Law, Customer has the right to apply to consumer arbitration boards in boroughs and cities or to consumer courts in accordance with the monetary limits announced annually in the Official Gazette.
Consent Regarding Personal Data Processing
I have read and approve the Go Sharing Personal Data Information Statement within the scope of the Law on the Protection of Personal Data submitted to my information by Go Sharing. The personal data I have given to Go Sharing, I explicitly consent (consent / approval) to take the necessary measures to protect the confidentiality of the aforementioned data and to receive, take over by automatic / non-automatic methods by complying with the legal principles regarding the processing of personal data, to be recorded in written / digital archives in Turkey and / or abroad, to be stored, preserved, to be used, to be updated, modified, rearranged, classified, transferred domestically or abroad, and processed in accordance with the law, informed and enlightened about all my legal rights by Go Sharing, partners, business partners, successors and / or third parties to be determined by them.