Bitaksi Mobil Teknoloji A.Ş. (herein after referred as “BITAKSI”) is a technological platform (herein after referred as “App”) that brings taxi drivers together with the Passengers (herein after referred as “Passenger”). BITAKSI and Passenger together are also referred to as “Parties”.
1. APPLICATION AND MEMBERSHIP
1.1 Passenger may start to use the App in accordance with these Terms, after downloading the App, filling out the required areas for the registration, approving the mobile phone number and logging in with his/her password.
1.2 Passenger agrees that all information provided by him/her during the application is true, accurate and up-to-date in all respects and at all times. Passenger may update his/her details at anytime via App.
1.3 The use of App is free of charge.
2. USE OF APP
2.1 After registering, logging in to App and pressing the call button, the nearest taxi will be directed to Passenger and in case driver accepts the directed call; information related to driver and the taxi will be delivered to Passenger.
2.1.1 The given information (estimated time of arrival, the distance from the vehicle to the Passenger etc.) are estimates and may not be one hundred percent accurate however BITAKSI tries its best to give the most accurate information and shall not be held liable for any inaccuracy.
2.2 If Passenger wants to cancel at this stage Passenger shall immediately press the green telephone button and call the driver. Otherwise, Passenger agrees to wait for the assigned taxi.
2.3 In a case Passenger does not wait for the assigned taxi or does not take the taxi without a valid reason, BITAKSI reserves its right to exclude Passenger from the membership.
2.4 Passenger is liable to pay the cost of the taxi fare in full.
2.5 Passenger is also liable to pay any additional charges such as bridge toll, road toll and bus terminal toll that are explicitly mentioned in the related taxi legislation. Passenger cannot be charged any fees that are not in the taxi legislation.
2.6 Passenger can pay the total cost of the trip with credit card using the App’s payment system. If the Passenger pays the fare in a method other than cash, it will be accepted that with the payment made to BiTaksi, the fare to the Driver will have been paid. The Passenger has no obligation or liability to make any other payment to the Driver.
2.7 Passenger enters his/her credit card information into the App one time and this data can be used in future sessions without needing Passenger to re-enter his/her credit card information. Passenger can record up to three different credit cards on the App.
2.8 When the trip has ended, the driver enters the meter fare in the driver application so that the payment can be made. In other than the trips that payment method selected as cash, the payment page appears on Passenger’s screen and Passenger is requested to confirm the payment. By pressing the Confirm button and seeing that the payment has been processed, it will be accepted that the fare to the Driver will have been paid. The Passenger’s payment obligation will have ended and the Passenger does not need to make any other payment to the Driver.
2.9 Before Passenger presses the confirm button to complete the payment, Passenger can give the driver a 10% or 15% tip with just one click, which will automatically be added to the trip total. Tipping is optional and depends on Passenger satisfaction.
2.10 If the total displayed on the confirm payment page is incorrect, Passenger can press the “Report” button and select “Revise Amount” so that the driver can re-renter the total amount.
2.11 If the credit card being used on the App does not have a sufficient limit or the credit card payment cannot be processed for any other reason, Passenger can use a previously recorded credit card or record a new credit card in order to make the payment.
2.12 If the credit card payment cannot be processed, Passenger is liable to make the payment with cash.
2.13 The Passenger’s credit card information is not visible to BİTAKSİ, the payment infrastructure is provided by BİTAKSİ.
2.14 In case Passenger’s mobile phone is stolen or lost, third parties cannot access Passenger’s credit card information. Passenger must notify BITAKSI in this situation and request that his/her information is deleted. Otherwise, third parties can use the App and continue making taxi payments. BITAKSI cannot be held liable for such payments.
2.15 Passenger agrees not to cause any damage to the taxi..
2.16 Passenger may inform BITAKSI through complaints section in the App with regard to the complaints about the assigned drivers however BITAKSI cannot be held liable in any manner for the drivers’ behaviors. The App is only a technological platform that brings taxi drivers together with Passengers. BITAKSI gives necessary warnings to drivers and disengage with drivers who repeatedly misbehave..
2.17 Passenger agrees not to misuse the services offered by BITAKSI free of charge..
2.18 BITAKSI reserves the right to suspend or terminate Passenger’s access to App in case Passenger breaches these Terms..
2.19 Passenger agrees to use the App lawfully and properly and that he/she will be legally held liable for any unlawful action using the App. BITAKSI cannot be held liable directly or indirectly for any unlawful transaction made and/or action taken within or through the App by Passenger..
2.20 In case Passenger cannot benefit from the services due to technical difficulties, BITAKSI cannot be held liable for any default and no claim shall be raised against BITAKSI under any name/nature.
2.21 Passenger agrees that BITAKSI cannot be held liable directly or indirectly for any unlawful transaction, activity made and/or action took within or through the App by taxi drivers or a third party.
2.22 Passenger agrees that all he/she is responsible with regard to safety, storage, protection (from the third parties) of system access tools (username, password etc.) .
2.23 Passenger agrees not to duplicate, copy, distribute and process any image, text, visual and auditory image, video clip, file, database, catalog and list found in the App in a way that will constitute an infringement to BITAKSI’s and/or any other third parties’ real or personal rights and assets.
3.1 Passenger may cancel his/her membership at anytime and without a reason by;
3.1.1 Pressing the “Cancel Membership” button from “My Profile” section,
3.1.2 Sending an e-mail to email@example.com,
3.1.3 Calling the number of Passenger services 0850 333 4700.
5. OTHER CONDITIONS
5.1 INTELLECTUAL PROPERTY RIGHTS
5.1.1 The App’s all elements (herein after referred as “BITAKSI’s works that are subject to copyright”, including but not limited to design, text, images, html codes and other codes are reserved to BITAKSI. Passenger cannot use BITAKSI services, BITAKSI information and BITAKSI’s works that are subject to copyright for commercial purposes. Passenger cannot reproduce, distribute BITAKSI’s works that are subject to copyright or cannot make or prepare derivatives of these without the permission of BITAKSI.
5.1.2 BITAKSI’s; BITAKSI services, BITAKSI information, BITAKSI’s works that are subject to copyright, BITAKSI’s trademarks, BITAKSI business look or all assets including material and intellectual property rights, all real and personal rights, business knowledge and know-how are reserved.
BITAKSI may amend these Terms upon its own discretion and unilaterally, at anytime, by making an announcement through the App. The amended provisions of these Terms will be in effect after on-line approval of the Passenger at the date of announcement or following the announcement, the remaining terms will continue to remain in force in the same way.
5.3. FORCE MAJEURE
In all events that constitute a force majeure according to law, BITAKSI cannot be held liable for any default, deficient performance or breach of its liabilities. In that case or in a similar case, no compensation under any nature shall be claimed from BITAKSI. The term “force majeure” will be interpreted as; unavoidable events including but not limited to natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, power outages and bad weather conditions which occurred beyond the related party’s reasonable control even if BITAKSI shows the necessary care.
5.4. APPLICABLE LAW AND JURISDICTION
The application, interpretation of these Terms shall be governed by and legal relationships arise within these Terms construed in accordance with the laws of Turkey and any dispute that arises within or in connection to these Terms shall be settled by Istanbul (Central) Courts and Execution Offices.
These terms shall be valid and will continue to be in effect until Passenger terminates his/her membership. BITAKSI has a right to terminate the contract unilaterally in case Passenger breaches the provisions stated within these Terms and rules with regard to App, membership and BITAKSI services.
5.6. VALIDITY OF BITAKSI’S RECORDS
Passenger agrees that the electronic records kept in BITAKSI’s own database or server and system records, commercial records, book records, microfilm, microfiche and computer records will constitute a valid, binding, accurate and exclusive evidence; BITAKSI will be free of oath for evidence and this article constitutes an evidential contract in the means of Article 193 of Code of Civil Procedure.
This Agreement has entered into force with mutual agreement of the parties following the on-line approval of Passenger.