Terms of Use
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Bitaksi Mobil Teknoloji A.Ş. (“BITAKSI”) is a technological platform (the “App”) that brings taxi drivers (the “Drivers”) together with the passengers (the “Passenger”).
1. APPLICATION AND MEMBERSHIP
1.1. The Passenger may start using
the App in accordance with these Terms of Use
(“Terms”), after downloading the App, filling out the
required areas for 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
any time over the App. Exceptions stated in Clause 4.2
are reserved.
1.3. The use of App is free of
charge.
2. USE OF APP
2.1. After registering, logging into
the App and clicking the call button, the nearest taxi
will be directed to the Passenger and in case the
Driver accepts the directed call; information related
to the Driver and the taxi will be delivered to the
Passenger.
2.2. BITAKSI provides bests efforts
to ensure that the information of the directed taxi
(estimated arrival time, the distance from the vehicle
to the Passenger etc.) is accurate. However, BITAKSI
cannot be held responsible in case this information
does not reflect 100% true information.
2.3. After this step, the Passenger
may click the cancel button to cancel the trip.
Otherwise, the Passenger will be deemed to have
accepted to wait for the taxi and get in the taxi when
it arrives. The Passenger may cancel the trip for free
within the first 2 minutes after a Driver has been
designated. If the Passenger cancels 2 minutes after a
Driver is designated, the following conditions
apply:
• the passenger will be warned about his/her first
unfair cancellation and that after such first unfair
cancellation, she/he will be charged for any
subsequent unfair cancellations; and
• the Passenger will be charged 5 Turkish Lira per
cancellation for any subsequent unfair cancellations
after the first one.
2.4. The Passanger will need to add
the Online Payment System for her/him to be able to
make a call on the App following the cancellations
after the first unfair cancellation. The charges
specified in this Clause will be collected through the
Online Payment System. The e-invoice of the
cancellation fee will be sent to the Passenger’s
e-mail address.
2.5. The Driver may cancel the trip
after waiting 2 minutes at the pick-up location. In
such case, the Passenger will be charged a
cancellation fee of 5 Turkish Lira. This cancellation
fee will be collected through the Online Payment
System, and the Passenger will initially need to pay
the cancellation fee through the Online Payment System
in order to make another call on the App. The
e-invoice of the cancellation fee will be sent to the
e-mail address of the Passenger.
2.6. In cases where the Driver does
not arrive to the pick up location and does not
approach the relevant location, no cancellation fee
will be collected from the Passenger. Also, no
cancellation fee will be charged in connection with
the Passenger’s cancellation of the trip 2 minutes
after the estimated arrival time.
2.7. BITAKSI reserves its right to
block the Passenger from the App in case the Passenger
does not wait for the designated taxi or does not get
in the taxi without a valid reason,.
2.8. The Passenger is obliged to pay
the entire price of the trip she/he has made using the
App.
2.9. The Passenger can call Yellow
taxi or Turquoise taxi through the App. Taxi fares
vary according to the selected taxi type (Yellow /
Turquoise). Turquoise taxis serve with a 15% increased
taximeter fees as determined by the Istanbul
Metropolitan Municipality.
2.10. The Passenger can hail a taxi
by entering the destination via the App. The fee and
arrival time calculated voer the App upon insertion of
a destination are estimates. Bridge and highway toll
fees are not included in the estimated fees. The fee
and arrival time may differ depending on the route
and/or the traffic preference of the Driver and/or
Passanger. BITAKSI will not be responsible for any
fee/time differences.
2.11. The Passanger will be liable to
pay the toll fees (for bridges and highways, etc.)
which are clearly stated in the relevant legislation,
in addition to the fee determined in the taxi’s
taximeter for the fares conducted using the App. No
fees can be charged to the Passanger other than the
aforement’oned ones.
2.12. The Passenger may pay for the
trip by using her/his credit card or debit card
through the payment system provided in the App (Online
Payment System). If the Passenger chooses to pay for
the trip via the Online Payment System, the payment
will be deemed to have paid to the Drvier upon payment
to BITAKSI via the Online Payment System; and the
Passenger will not be obliged to pay the Driver any
monies.
2.13. The Passenger will be required
to enter her/his credit or debit card information onto
the Online Payment System once, after which she/he
will be able to use the Online Payment System without
being required to enter additional informaiton. At the
descretion of the Passenger, she/he may enter up to 3
credit or debit card information to the Online Payment
System. It is the Passenger’s responsibility to enter
and use of payment information onto the Online Payment
System.
2.14. For payments made via the
Online Payment System, if the credit card or bank card
is used illegally by someone other than the legitimate
card holder, necessary actions as set out in the Bank
Cards and Credit Cards Law No. 5464 dated 23.02.2006
and Regulation on Bank Cards and Credit Cards
published in the Official Gazette dated 10.03.2007 and
numbered 26458 will be taken.
2.15. BITAKSI may use 3D Secure
option for payment transactions to ensure information
security.
2.16. Upon completion of the trip,
the Driver will enter the taximeter fare in the Driver
application for payment. Except where cash payment is
selected by the Passenger, the payment page will
appear on the Passenger’s screen and the Passenger
will be requested to confirm the payment amount. The
Passanger can complete the payment by only clickling
“Confirm” button. Upon pressing the “Confirm” button
and completing the payment, the Passenger will be
deemed to have paid the fare to the Driver and the
Passenger’s payment obligation will have ended. The
payments may be reflected to the Passenger’s bank
account in the form of a single or separate payments
totalling to the trip fare, depending on the
Passenger’s bank’s procedures.
2.17. The Passenger may choose to tip
the Driver for 10% or 15% (“Tip”) with a single click
before pressing the “Confirm” button. In such cas the
Tip will automatically be added to the total fare
amount and will be collected from the Passenger
simultaenously with collection of the fare amount.
Tipping is optional and depends on the Passenger
satisfaction.
2.18. If the displayed amount on the
payment screen for payments made over the Online
Payment System is incorrect, the Passenger can press
the “Reject” button and select “Wrong Amount” and ask
the Driver to re-enter the fare amount.
2.19. If the credit card or debit
card being used on the Online Payment System does not
have sufficient limit or the credit card payment
cannot be processed for any other reason, the
Passenger can use another previously saved credit card
or save a new credit card in order to make the
payment.
2.20. If the payment cannot be
processed via Online Payment System, the Passenger
will be liable to make the payment to the Driver in
cash.
2.21. The infrastructure for the
Online Payment System is provided by MasterCard and
BKM Express. BITAKSI only keeps the first six and last
two digits of the credit or debit card in its systems.
In order to match the existing MasterPass and BKM
Express memberships and enable the users to use their
cards as a payment tool in BITAKSI, a membership query
is made via MasterPass and BKM Express with the mobile
phone number registered to the App and if the user has
a membership, the user is informed and directed to add
the relevant card.
2.22. In case the Passenger’s mobile
phone is stolen or lost, third parties cannot access
Passenger’s credit card information. However, in such
case the Passenger must notify BITAKSI and request
that her/his information is deleted. Otherwise, third
parties can use the App and continue making taxi
payments. BITAKSI cannot be held liable for such
payments made over the App.
2.23. The Passenger agrees not to
cause any damage to the taxi she/he hails.
2.24. If the Passenger forgets any
items in the vehicle, she/he can call BITAKSI customer
service and request to reach the Driver. In such case,
BITAKSI customer service will contact the Driver for
the relevant item and if the Driver confirms that the
item is in the vehicle, the Passenger and the Driver
can mutually share their contact information with each
other to collect the lost item. While delivering the
lost item to the locaiton requested by the Passenger,
the Driver may open the taximeter. BITAKSI will only
facilitate the communication between the Driver and
the Passenger for recovery of the lost items, but
cannot in any way be held liable.
2.25. Passenger may inform BITAKSI,
through complaints section in the App with regard to
the complaints about Drivers. In such case, BITAKSI
will give a warning to the relevant Drivers and may
disengage with Drivers who repeatedly are complained
about. However,since the App is a technological
platform aiming to connect Drivers with Passengers and
enhancing the quality of taxi rides and increasing
their use, BITAKSI cannot in any way be held liable
for any actions or omissions of the Drivers.
2.26. Passenger agrees not to take
any action that could be abusive of the services
offered by BITAKSI free of charge.
2.27. BITAKSI reserves the right to
suspend or terminate the Passenger’s membership to the
App in case the Passenger breaches these Terms.
2.28. 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 the Passenger.
2.29. BITAKSI cannot in any way be
held liable in case the Passenger is unable to benefit
from the services provided in the App due to technical
difficulties casued by the Passenger; and the
Passenger will not be entitled to bring any claim
whatsoever against BITAKSI therefore.
2.30. Passenger agrees that BITAKSI
cannot be held responsible, directly or indirectly,
for any transactions and/or actions performed by the
Driver and/or third parties in violation of these
Terms or law over the App or via the App.
2.31. Passenger agrees that she/he is
fully responsible for the security and storage of
her/his system access tools (username, password, etc.)
used in order to benefit from the services offered by
BITAKSI through the App.
2.32. 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.
2.33. BITAKSI may from time to time
offer the Passenger the opportunity to benefit from
promotions or campaigns. In order to benefit from the
promotions or campaigns, the Passenger must comply
with the promotion/campaign conditions and do not
engage in fraudulent behaviours (including fraudulent
agreement with Drivers to take advantage of the
promotion/campaign, making misleading statements or
creating false Passenger profiles).
2.34. BITAKSI may withdraw, suspend
and/or terminate the access of the Passenger to the
App in case the Passenger acts in violation of the
relevant campaign/promotion conditions and/or engages
in a fraudulent manner. If the Passenger receives a
notification from BITAKSI in this direction, if he/she
thinks that he/she does not violate the requirements
of Article 2.33, he/she may contact BITAKSI Customer
Service and object to the relevant decision.
3. CANCELLATION
Passenger may cancel her/his membership at any time without a reason by pressing the “Cancel Membership” button under My Profile>My Information>Settings section or calling BITAKSI customer services at 0850 333 4700. Passenger can create maximum 3 new memberships profiles by using the same mobile phone number that was defined for the original cancelled BITAKSI membership.
4. PERSONAL DATA PROTECTION
4.1. BITAKSI cares about protecting
your personal data. You may click the links below to
review our policies regarding your personal data:
Privacy Notice on Processing Your Personal
Data
Passenger Personal Data Protection Policy
4.2. Passenger accepts, declares and undertakes that (i) the information contained in the registration form is correct; (ii) only one mobile phone number can be defined for each Passenger profile; (iii) the defined mobile phone can be updated at any time under Menu>My Account>Update Phone Number; (iv) a new mobile phone number can be defined only if a new Passenger profile is created on the App; and (v) Passenger will be responsible for any transactions conducted with her/his registered mobile phone number.
5. MISELLANEOUS
5.1. INTELLECTUAL PROPERTY RIGHTS
5.1.1. The App and all elements
associated to it (“BITAKSI’s copyright works ”),
including but not limited to the design, text, images,
html codes and other codes are the property of
BITAKSI. Passenger cannot use BITAKSI services,
BITAKSI information and BITAKSI’s copyright works for
any commercial purposes. Passenger cannot reproduce,
distribute or create any work originating or inspired
from BITAKSI’s copyright works without explicit
written approval of BITAKSI.
5.1.2. BITAKSI’s; BITAKSI services,
BITAKSI information, BITAKSI’s copyright works,
BITAKSI’s trademarks, BITAKSI business image, BITAKSI
business model or all assets including material and
intellectual property rights, real and personal
rights, business knowledge and know-how owned by
virtue of the App are reserved.
5.2. AMENDMENTS
BITAKSI may unilaterally amend these Terms at its own discretion, at any time, by making a notification through the App. The amended provisions of these Terms will be in effect following the approval of the Passenger, which will be obtained via the App on-line, while the remaining Terms will continue to remain in force.
5.3. FORCE MAJEURE
BITAKSI will not be liable for breach of its obligations under these Terms or late or nonperformance of its liabilities in case of occurance of a force majuere event and during the time it continues. The term “force majeure event” will be interpreted as any events which are beyond the reasonable control of BITAKSI and which cannot be avoided despite BITAKSI’s reasonable care, including but not limited to natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, power outages and bad weather conditions.
5.4. APPLICABLE LAW AND JURISDICTION
The implemnetation and interpretation of these Terms
shall be governed by and the legal relationships
arimsing hereunder will be construed in accordance
with the laws of the Republic of Turkey and any
dispute arising hereunder or in connection with these
Terms shall be settled by Istanbul (Central) Courts
and Execution Offices.
5.5. TERMINATION
These terms shall be valid and will continue to be in effect until the Passenger terminates her/his membership. BITAKSI has the right to unilaterally terminate the Terms in case the Passenger breaches the provisions of these Terms or the rules or policies provided under the App.
5.6. VALIDITY OF BITAKSI’S RECORDS
Passenger agrees that the electronic records kept at BITAKSI’s own database or server and system records, commercial records, book records, microfilm, microfiche and computer records will constitute valid, binding, accurate and exclusive evidence; and BITAKSI will not be required to take an oath for evidence and this Clause constitutes an evidential contract within the means of Article 193 of Code of Civil Procedure.
5.7. ENFORCEMENT
This Agreement has entered into force with mutual agreement of the Parties following the on-line approval of Passenger.