\u00a0<\/strong><\/td>\n| 3.1.\u00a0\u00a0\u00a0\u00a0\u00a0 The right to create an Account and the right to use the Services is vested in persons who are no younger than indicated in the Terms, have performed the actions indicated in these Terms and meet requirements set in these Terms.<\/p>\n 3.2.\u00a0\u00a0\u00a0\u00a0\u00a0 When creating an Account (in the course of registration), the User must:<\/p>\n 3.2.1.\u00a0\u00a0\u00a0\u00a0\u00a0 read the Terms, the Pricelist, the Privacy Policy (as well as their annexes) attentively and responsibly, familiarise themselves with Service Rates, information on the Company\u2019s website, in the App;<\/p>\n 3.2.2.\u00a0\u00a0\u00a0\u00a0\u00a0 state their acceptance of the Terms and other documents and information, as applicable;<\/p>\n 3.2.3.\u00a0\u00a0\u00a0\u00a0\u00a0 indicate his first name, surname, mobile phone number, e-mail address and perform the required authentication actions (e.g., enter a code sent to the User by an SMS, etc.);<\/p>\n 3.2.4.\u00a0\u00a0\u00a0\u00a0\u00a0 present other data, information and\/or documents that the Company may reasonably request at the time of registration;<\/p>\n 3.2.5.\u00a0\u00a0\u00a0\u00a0\u00a0 create a PIN code, which will be used to open the App.<\/p>\n 3.3.\u00a0\u00a0\u00a0\u00a0\u00a0 In order to reserve and use a Vehicle, the User must link their Account to a Payment Card.<\/p>\n 3.3.1.\u00a0\u00a0\u00a0\u00a0\u00a0 The Company has the right to verify the Payment Account linked by the User to the Payment Card, i.e., to reserve an amount in it, which, after successful verification (reservation), shall be returned to the Payment Account or the price of the Services provided shall be reduced by the reserved amount accordingly. The term of return of the reserved amount depends on the terms and conditions applied by the financial (payment) institution that issued the Payment Card. The Company has the right to verify the Payment Card and\/or the Payment Account in other ways, too.<\/p>\n 3.3.2.\u00a0\u00a0\u00a0\u00a0\u00a0 Linking of a Payment Card issued not in the name of the User to the Account shall be under full liability of the User themselves and, accordingly, they assume full liability for such actions to the holder of such Payment Card and to the bank, payment institution or other payment services provider that issued the Payment Card.<\/p>\n 3.3.3.\u00a0\u00a0\u00a0\u00a0\u00a0 The User may link more than one Payment Card to the Account. In those cases, when the User links more than one Payment Card to the Account, the User shall choose a Payment Card in the App, which shall be the Main Payment Card and which shall be used for effecting payments for the Services. The User shall have the right to change the Main Payment Card at any time (i.e., to replace the Main Payment Card), but the User must ensure that when he uses the Services, at least one valid Payment Card is linked to the Account until the moment of full payment for them;<\/p>\n 3.3.4.\u00a0\u00a0\u00a0\u00a0\u00a0 After starting using the Services, the User does not have the right to unlink all the Payment Cards from the Account and must leave at least one valid Payment Card linked to the Account.<\/p>\n 3.4.\u00a0\u00a0\u00a0\u00a0\u00a0 In order to be able to use Vehicles, the User must have a valid document, confirming his right to drive Vehicles (i.e., a driving license), and perform the following actions in the App under the established procedure:<\/p>\n 3.4.1.\u00a0\u00a0\u00a0\u00a0\u00a0 to make a real-time photo of the front side of the driving license issued to the User, as indicated in the App, and upload it;<\/p>\n 3.4.2.\u00a0\u00a0\u00a0\u00a0\u00a0 to make a real-time photo of his face (selfie), as indicated in the App, and upload it;<\/p>\n 3.4.3.\u00a0\u00a0\u00a0\u00a0\u00a0 to make a real-time photo of his face (selfie) along with the driving license, as indicated in the App, and upload it;<\/p>\n 3.4.4.\u00a0\u00a0\u00a0\u00a0\u00a0 to perform other actions indicated in the App.<\/p>\n 3.5.\u00a0\u00a0\u00a0\u00a0\u00a0 The Company, with the help of its service provider, shall, in the Account creation process, check similarity (conformity) of the User’s face to the photos in the uploaded documents and the validity of the document confirming the right to drive Vehicles. After the Account is created, subsequent verifications of the validity of the User\u2019s document confirming his right to drive Vehicles shall be performed periodically.<\/p>\n 3.6.\u00a0\u00a0\u00a0\u00a0\u00a0 It shall be regarded that the registration of the User is complete, the Account is created and the Agreement is concluded with the User from the moment when the User performs the actions indicated in paragraphs 3.2.1\u20133.2.3 hereof. After performance of these actions:<\/p>\n 3.6.1.\u00a0\u00a0\u00a0\u00a0\u00a0 the User shall become a passive User and shall not yet have the right to order all the Services and\/or use them, but the User shall acquire the right to use the App and to perform the actions indicated below and shall have the obligations indicated in the Terms, which are not related to ordering or use of Services (e.g., obligations indicated in Chapters III, IV of the Terms);<\/p>\n 3.6.2.\u00a0\u00a0\u00a0\u00a0\u00a0 provisions of the Terms shall come into effect in respect of and shall become applicable to a passive User, except for those parts of the Terms, which regulate ordering of Services (reservation of Vehicles) and using them.<\/p>\n 3.7.\u00a0\u00a0\u00a0\u00a0\u00a0 Having provided the rest of the information specified in paragraph 3.2 of the Terms and having performed the rest of the actions indicated in paragraphs 3.3\u20133.5 of the Terms, the User shall become an active User and the relevant remaining parts of the Terms shall come into effect in respect of the User and shall become applicable to them.<\/p>\n 3.8.\u00a0\u00a0\u00a0\u00a0\u00a0 An Account shall be deemed created in the name of the person and the Agreement shall be deemed entered into with the person, whose driving license is uploaded to the Account under the procedure set in paragraph 3.4 hereof. Such a person shall be deemed to be the User. As long as not provided otherwise by competent authorities under the procedure set by legal acts, such a person shall also be deemed the same person, who performs the actions indicated in paragraph 3.2 and paragraph 3.3 of the Terms.<\/p>\n 3.9.\u00a0\u00a0\u00a0\u00a0\u00a0 If, in the Account creation process, the User fails to present all the documents or fails to perform all the registration actions or other actions indicated in the App, set forth in paragraphs 3.2 \u20133.4 of the Terms, the Company shall have the right to remind the User about it and for these purposes to process data provided by the User and collected about the User accordingly, as indicated in the Privacy Policy.<\/p>\n 3.10.\u00a0\u00a0 In those cases, when (i) the Company does not have technical possibilities to verify authenticity, validity of the driving license or other documents presented by the User or other data presented by a person in the Account creation process, or (ii) the Company has reasonable doubts about the correctness of data presented by a person, or (iii) in other cases provided for in these Terms, the Company has the right not to confirm the Account as created or not to allow a person to create an Account and\/or not to allow use of the Services or some of them.<\/p>\n 3.11.\u00a0\u00a0 It shall be regarded that both when the User creates the Account and each time when they reserve a Vehicle, the User confirms (and such confirmation shall be valid for the whole period of provision of the Services from the creation of the Account until the termination of the Agreement) that they:<\/p>\n 3.11.1.\u00a0\u00a0 are of the age, making them eligible to use the Services, as indicated in the Terms;<\/p>\n 3.11.2.\u00a0\u00a0 have a valid right to drive a Vehicle and will have such a right all the time when they use a Vehicle;<\/p>\n 3.11.3.\u00a0\u00a0 have sufficient knowledge on how to use and control a Vehicle;<\/p>\n 3.11.4.\u00a0\u00a0 have skills necessary for use of a Vehicle;<\/p>\n 3.11.5.\u00a0\u00a0 the User’s physical fitness and physical and mental health are sufficient for controlling a Vehicle and they satisfy any other requirements indicated in the driving license, if any;<\/p>\n 3.11.6.\u00a0\u00a0 are not under the influence of alcohol and\/or narcotic or psychotropic substances and will remain such all the time they use a Vehicle;<\/p>\n 3.11.7.\u00a0\u00a0 there are no other reasons, for which they cannot start using a Vehicle under applicable legal acts, and no such reason will appear all the time they use a Vehicle;<\/p>\n 3.11.8.\u00a0\u00a0 confirm that they have the right to use the Payment Card to pay for the Services;<\/p>\n 3.11.9.\u00a0\u00a0 are familiar with the Service Rates, the Pricelist applied to reservation and use of the Services, other terms and conditions of provision of the Services;<\/p>\n 3.11.10.\u00a0\u00a0\u00a0 consent that the price of the Services of each reservation, fines and other amounts indicated in the Pricelist be debited to the Payment Account, the digital wallet or be reserved in the Payment Account under the procedure set in the Terms;<\/p>\n 3.11.11.\u00a0\u00a0\u00a0 consent to collection and processing of personal data, necessary for conclusion and performance of the Agreement and for other purposes, as indicated in the Privacy Policy.<\/p>\n 3.12.\u00a0\u00a0 Having created the Account, the User acquires the right to automatically create accounts with UAB Prime Leasing and CityBee Eesti O\u00dc in the App at any time and to use services of these companies accordingly. For this purpose, the User will not have to again provide data or any additional information indicated in Chapter III of the Terms, except for the Payment Card data. After the User in the App chooses services of UAB Prime Leasing and CityBee Eesti O\u00dc, accepts the relevant terms of services of UAB Prime Leasing and CityBee Eesti O\u00dc and reads their privacy notices, all data provided in the course of creation of the User\u2019s Account shall be automatically transferred to and adopted in the accounts administered by UAB Prime Leasing and CityBee Eesti O\u00dc, respectively.<\/p>\n 3.13.\u00a0\u00a0 Creating the Account and presenting their data and documents necessary in order that the User would acquire the right to order and use the Services, the User must present correct, accurate, true and full information about themselves, including their true first name and surname, their mobile phone number and their e-mail address. It shall be prohibited to create an Account and to perform registration in the App by use of other persons\u2019 data, wrong, falsified or illegally collected data. The User assumes all the risks and liability in connection with this, including if, in spite of the indicated prohibition, such actions cause damage to the Company or any other persons.<\/p>\n 3.14.\u00a0\u00a0 The User must diligently, carefully and responsibly keep their Log-in Data, data used for the creation of the Account, smart device, driving license and other ID documents, and shall not have the right to give them away or otherwise disclose them to any other person or provide third persons with an opportunity or possibility to access them, or use them for creation of an Account or use of the Services. The User shall be liable for security, secrecy and confidentiality of his Log-in Data and the Account.<\/p>\n 3.15.\u00a0\u00a0 The User shall not have the right:<\/p>\n 3.15.1.\u00a0\u00a0 to transfer, sell or lease his Account, or otherwise give the right to use his Account to any other persons;<\/p>\n 3.15.2.\u00a0\u00a0 to make it possible for another person to upload his driving license to the Account or link a driving license issued to another person to the Account;<\/p>\n 3.15.3.\u00a0\u00a0 to create fake, illegal, fraudulent Accounts;<\/p>\n 3.15.4.\u00a0\u00a0 to add a Payment Card issued to another person without such person’s consent and not having the right to use such Payment Card for linking to the Account and payment for the Services;<\/p>\n 3.15.5.\u00a0\u00a0 to create Accounts in the name of other persons.<\/p>\n 3.16.\u00a0\u00a0 The User must immediately, after they learn of such a fact, alert the Company if:<\/p>\n 3.16.1.\u00a0\u00a0 their Log-in Data are lost or become otherwise accessible to another person;<\/p>\n 3.16.2.\u00a0\u00a0 the User loses control of the Account or access to the Account data;<\/p>\n 3.16.3.\u00a0\u00a0 the User loses control of the data used for creation of the Account (e.g., driving license, e-mail address, mobile phone number), the device with the App;<\/p>\n 3.16.4.\u00a0\u00a0 the Log-in Data, the data used for creation of the Account have been used without the User’s knowledge;<\/p>\n 3.16.5.\u00a0\u00a0 there has been a change in the User\u2019s data, the driving license has expired or the User was issued a new driving license, his driving license was replaced, etc.;<\/p>\n 3.16.6.\u00a0\u00a0 circumstances indicated in paragraph 3.15 of the Terms occur;<\/p>\n 3.16.7.\u00a0\u00a0 other circumstances occur, posing danger to the integrity, confidentiality, accuracy of the Account and\/or data therein.<\/p>\n 3.17.\u00a0\u00a0 Having received the User\u2019s notification about the circumstances indicated in paragraph 3.16 of the Terms, the Company shall, no later than within 8 (eight) business hours, block the Account under the procedure, terms and conditions of Chapter IX of these Terms, with the consequences provided for in Chapter IX hereof. Besides, the Company, having itself determined the circumstances indicated in paragraph 3.15 of the Terms, shall also have the right, acting on its own initiative and at its own discretion, to immediately block the Account under the procedure set in Chapter IX of these Terms.<\/p>\n 3.18.\u00a0\u00a0 Having received the User\u2019s notification indicated in paragraph 3.16 of the Terms, the Company shall seek to prevent further illegal use of the User\u2019s Account Log-in Data, however, it does not assume responsibility for the success of such operation and, therefore, the Company is not and shall not be held liable for any damages, losses or inconveniences suffered by the User or third parties by reason of disclosure, theft or illegal use of the Account Log-in Data, except if they are suffered through the fault of the Company. The User shall be liable for any actions of third parties if they were done by use of the User\u2019s Account Log-in Data. All the actions performed in the User\u2019s Account and all the consequences, risks and liability arising out of this shall lie with the User. The User shall be liable to the Company and shall assume all the risks, losses and damages in connection with or arising out of other persons\u2019 use of his Account until the moment of receipt of the notification indicated in paragraph 3.16 of the Terms, save for cases when such damages were incurred by reason of gross negligence or wilfulness of the Company. Damages, suffered by the User through the fault of the Company after the above-indicated blocking of the Account, shall lie with the Company, except for cases when the fault of the User or third parties also contributes to their appearance.<\/p>\n 3.19.\u00a0\u00a0 The User shall make sure that rational and reasonable security measures (including anti-virus programs and firewalls) are applied when using hardware, software or other tools for registration, creation of the Account and\/or log-in in the App and, accordingly, shall be liable for all consequences arising out of insufficient security of the User’s computer, smartphone, tablet or another device.<\/td>\n | First of all, in order to use our cars and Services, you need to create an Account.<\/strong><\/p>\n \u00a0<\/strong><\/p>\nIt is a simple thing to do: open the App and enter your data (name, surname, contact details).<\/strong><\/p>\nThe Account is created! In order to be able to unlock one of our cars and use CityBee services, upload a selfie made in real time, a photo of your driving license in the App and add a payment card.<\/strong><\/p>\n\u00a0<\/strong><\/p>\nAnd, finally, be careful, protect your data and your Account from access by other people.<\/strong><\/p>\n\u00a0<\/strong><\/p>\nIf it, nevertheless, happens that your Account or your data have come to the knowledge of other people \u2013 tell us immediately! We will solve this problem together.<\/strong><\/td>\n<\/tr>\n\n\u00a0<\/strong><\/td>\n\n<\/a>IV.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 TERMS OF USE OF THE APP<\/h1>\n<\/td>\n\u00a0<\/strong><\/td>\n<\/tr>\n\n\u00a0<\/strong><\/td>\n| 4.1.\u00a0\u00a0\u00a0\u00a0\u00a0 During the effective term of the Agreement, the Company gives the User personal, non-exclusive, non-transferable, revocable right, which cannot be sub-licensed, to install and\/or use the App in the User\u2019s device, use the information accessible via the App, intended for use only by the User.<\/p>\n 4.2.\u00a0\u00a0\u00a0\u00a0\u00a0 When using the App, the User shall not have the right:<\/p>\n 4.2.1.\u00a0\u00a0\u00a0\u00a0\u00a0 to license, sub-license, copy, modify, distribute, create, sell, resell, transfer or lease the App or any part of it;<\/p>\n 4.2.2.\u00a0\u00a0\u00a0\u00a0\u00a0 to apply reverse engineering or attempt to extract source codes of the App, save for cases permitted by law;<\/p>\n 4.2.3.\u00a0\u00a0\u00a0\u00a0\u00a0 to run or make it possible to run any programs or codes, allowing cutting, indexing, analysing or engaging in data mining or data scraping from the App and\/or the data.<\/p>\n 4.3.\u00a0\u00a0\u00a0\u00a0\u00a0 The App can be downloaded or accessed by use of many smart devices, which have internet access and where customary operating systems (e.g., Android, iOS<\/em>) are installed.<\/p>\n4.4.\u00a0\u00a0\u00a0\u00a0\u00a0 When using the App, the User:<\/p>\n 4.4.1.\u00a0\u00a0\u00a0\u00a0\u00a0 shall be responsible for having the connection or network access necessary for use of the App and the Services. The User shall bear all the fees charged by the communications service provider, including fees for data transmission by use of the App;<\/p>\n 4.4.2.\u00a0\u00a0\u00a0\u00a0\u00a0 must use the original operating system provided and supported by the manufacturer and its standard tools provided along with the smart device. The User must install upgrades, modifications, updates of the operating system and software offered by the manufacturer, follow other recommendations and instructions of the operating system, software, smart device manufacturer or app marketplaces (platforms);<\/p>\n 4.4.3.\u00a0\u00a0\u00a0\u00a0\u00a0 must periodically check app marketplaces or digital content platforms (e.g., Google Play, AppStore) for an updated, later version of the App, updates or upgrades, and use the latest available version of the Company\u2019s App;<\/p>\n 4.4.4.\u00a0\u00a0\u00a0\u00a0\u00a0 at the request of the Company, must cooperate with the Company as much as practicably and technically possible and necessary, in the Company seeking to find out reasons for failures in operation of the App.<\/p>\n 4.5.\u00a0\u00a0\u00a0\u00a0\u00a0 The Company has the right, but not the duty, to inform Users of an updated version of the App, of the update accessibility and provide information about the consequences of not installing the update.<\/p>\n 4.6.\u00a0\u00a0\u00a0\u00a0\u00a0 As use of the App and the Services depends on many factors (e.g., the number of non-reserved Vehicles and their location, location of the User, behaviour of other users), the Company does not guarantee that the User will always be able to order (reserve) a Vehicle and use the Services in a place and at the time they want.<\/p>\n 4.7.\u00a0\u00a0\u00a0\u00a0\u00a0 The App is provided \u201cas is\u201d, \u201cas available\u201d. The App may operate with restrictions, delays and\/or other problems inherent in use of the internet and electronic communications, and there is no guarantee that it will always be available and free of glitches. The Company does not guarantee uninterrupted availability of the App or that it will operate error free. In case of software failures, interruptions in its operation, the Company shall seek to resolve them as soon as possible, however the operation of the App can be restricted by accidental technical errors and the Company cannot guarantee that the App will always function properly and as expected by the User. To the extent permitted by applicable legal acts, the Company does not guarantee that:<\/p>\n 4.7.1.\u00a0\u00a0\u00a0\u00a0\u00a0 the App will operate without interruptions or errors;<\/p>\n 4.7.2.\u00a0\u00a0\u00a0\u00a0\u00a0 there will be no delay or other non-conformity between information, data displayed in the App and real information and data (e.g., exact location of the Vehicle, etc.).<\/p>\n 4.8.\u00a0\u00a0\u00a0\u00a0\u00a0 The Company shall have the right:<\/p>\n 4.8.1.\u00a0\u00a0\u00a0\u00a0\u00a0 to change, suspend or terminate operation of certain functions in the App, or change the layout of the elements in the App;<\/p>\n 4.8.2.\u00a0\u00a0\u00a0\u00a0\u00a0 to improve the App, its information system and eliminate any defects observed even if it can cause and\/or causes short-term disruption of provision of the Services to Users. In case of particular circumstances and important reasons, the Company, seeking to avoid possible damages for the User and\/or itself, has the right to eliminate defects in the App, the information system at any time of day and night.<\/p>\n 4.9.\u00a0\u00a0\u00a0\u00a0\u00a0 To the extent permitted by applicable legal acts, the Company is released from any liability in cases when damage(s) appear:<\/p>\n 4.9.1.\u00a0\u00a0\u00a0\u00a0\u00a0 by reason of failures in the functioning, interoperability, compatibility of the operating system of the smart device used by the User, smart device security breaches;<\/p>\n 4.9.2.\u00a0\u00a0\u00a0\u00a0\u00a0 because the User has not installed an updated version of the App or an upgrade, update, the availability of which has been notified by the Company;<\/p>\n 4.9.3.\u00a0\u00a0\u00a0\u00a0\u00a0 by reason of operations, actions performed by the User, disregarding the instructions for installation, updating or use of the App given by the Company;<\/p>\n 4.9.4.\u00a0\u00a0\u00a0\u00a0\u00a0 because of actions or omissions of third parties, their access to the App and the data, including, without limitation, damages suffered due to glitches, failures in electronic communications and electronic communications networks;<\/p>\n 4.9.5.\u00a0\u00a0\u00a0\u00a0\u00a0 if the User for any reasons cannot access the App or if any device, program, operating system, which is used along with the App, stops functioning or does not function in the way the User expected, or any errors were found, or the Services could not be provided in time due to viruses, cyberattacks, other impact of third parties (e.g., software, operating system, operators, etc.).<\/td>\n You can download the App from Google Play or Appstore.<\/strong><\/p>\n \u00a0<\/strong><\/p>\nWhile we are trying really hard to have the App working perfectly, it happens that it may stop or not work as intended <\/strong>\uf04c<\/strong><\/p>\n\u00a0<\/strong><\/p>\nIf you want to have the best version of the App, we recommend updating it as soon as a new version is available.<\/strong><\/p>\n\u00a0<\/strong><\/p>\nWhen you are using the App, follow all the usual information security rules, for example, use the original operating system, install the proposed operating system and software updates and upgrades.<\/strong><\/p>\n <\/p>\n \u00a0<\/strong><\/td>\n<\/tr>\n\n\u00a0<\/strong><\/td>\n\n<\/a>V.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 TERMS OF USE OF THE VEHICLES<\/h1>\n<\/td>\n\u00a0<\/strong><\/td>\n<\/tr>\n\n\u00a0<\/strong><\/td>\n| General rules<\/em><\/p>\n 5.1.\u00a0\u00a0\u00a0\u00a0\u00a0 The Company undertakes to ensure that a Vehicle is in good condition and suitable for use and operation for its direct purpose, subject to customary wear and tear of the Vehicle.<\/p>\n 5.2.\u00a0\u00a0\u00a0\u00a0\u00a0 Failures and faulty operation, which do not affect traffic safety and will not affect it in the immediate future (e.g., outside and inside scratches and scrapes on equipment, parts, defective performance of multimedia equipment, failures of sensors), as well as defects, which are not the outcome of improper maintenance of a Vehicle, shall not be treated as defects.<\/p>\n 5.3.\u00a0\u00a0\u00a0\u00a0\u00a0 When using the Services, the User, inter alia:<\/p>\n 5.3.1.\u00a0\u00a0\u00a0\u00a0\u00a0 must comply with the Vehicle operation requirements, including any requirements that are not mentioned in these Terms but are deemed customary requirements for use of such assets;<\/p>\n 5.3.2.\u00a0\u00a0\u00a0\u00a0\u00a0 must follow the Company\u2019s instructions, guidance and recommendations set in these Terms and presented in the App, in the Account, on the Company\u2019s website;<\/p>\n 5.3.3.\u00a0\u00a0\u00a0\u00a0\u00a0 must drive attentively, carefully, politely and safely, respecting other traffic participants and persons, taking all necessary measures of precaution and without posing danger for safety of other traffic participants, other persons or their assets and the environment;<\/p>\n 5.3.4.\u00a0\u00a0\u00a0\u00a0\u00a0 must behave as a sufficiently careful, prudent, responsible and informed person;<\/p>\n 5.3.5.\u00a0\u00a0\u00a0\u00a0\u00a0 must be totally sober (0.00 per mille) and not under the influence of substances affecting mental state;<\/p>\n 5.3.6.\u00a0\u00a0\u00a0\u00a0\u00a0 must not start driving a Vehicle if they are ill or tired and driving may pose danger for traffic safety, or there are any other reasons why they cannot safely drive a Vehicle according to the requirements of legal acts;<\/p>\n 5.3.7.\u00a0\u00a0\u00a0\u00a0\u00a0 shall have no right to allow other persons to drive, control or use a Vehicle, no right to sublease a Vehicle, transfer any rights or obligations set forth in these Terms;<\/p>\n 5.3.8.\u00a0\u00a0\u00a0\u00a0\u00a0 shall have no right to copy, alter or delete data in the Vehicle system, misappropriate, destroy or otherwise damage Vehicle documents located in the Vehicle (e.g., the technical passport);<\/p>\n 5.3.9.\u00a0\u00a0\u00a0\u00a0\u00a0 shall have no right to disassemble, repair, modify the Vehicle and\/or its components;<\/p>\n 5.3.10.\u00a0\u00a0 must comply with other requirements, applicable to Vehicles of those categories that they have the right to drive, as indicated in the driving license;<\/p>\n 5.3.11.\u00a0\u00a0 shall have no right to carry explosive, flammable, toxic substances or substances dangerous to human life or health, etc. in a Vehicle, shall have no right to use heating appliances, open flame or other potential sources of fire in a Vehicle or near a Vehicle;<\/p>\n 5.3.12.\u00a0\u00a0 shall have no right to use a Vehicle for purposes for which it is not intended (e.g., for transportation of cargo (this restriction does not apply to Vehicles intended for this purpose), animals, etc.), overload a Vehicle, fail to properly fix and arrange the load;<\/p>\n 5.3.13.\u00a0\u00a0 must follow the Road Traffic Regulations;<\/p>\n 5.3.14.\u00a0\u00a0 shall have no right to use a Vehicle in races, competitions or other sports or racing related purposes, use it as a training vehicle, or use a Vehicle for transportation of an increased load (for transportation of heavy cargo and so on, except for freight Vehicles intended for this) and\/or hauling other Vehicles, use a Vehicle for purposes, which it is not intended or adapted for (e.g., the User should not drive in woods, water bodies, other off-road terrains), use a Vehicle for activities prohibited by legal acts or subject to special requirements set in legal acts (e.g. taxi business, other ride-hailing and ride-sharing services);<\/p>\n 5.3.15.\u00a0\u00a0 must protect the Vehicles, use them diligently, including assets therein, must take all reasonable measures to ensure Vehicle security (i.e., lock the Vehicle, close windows, switch off lights and the music player, etc.);<\/p>\n 5.3.16.\u00a0\u00a0 must ensure that (i) there is no smoking in the Vehicle; and that (ii) pets are carried in a special transportation box intended for this;<\/p>\n 5.3.17.\u00a0\u00a0 must comply with other requirements of legal acts.<\/p>\n 5.4.\u00a0\u00a0\u00a0\u00a0\u00a0 Vehicles can be used only in the territories of Lithuania, Latvia and Estonia. The User shall be allowed to use a Vehicle outside the territories of Lithuania, Latvia and Estonia only subject to a prior written consent of the Company.<\/p>\n Reservation. Collection, use of the Vehicle<\/em><\/p>\n5.5.\u00a0\u00a0\u00a0\u00a0\u00a0 The User can start using the Vehicle during the reservation time, which is indicated for each Vehicle in the App and starts from the reservation confirmation moment; when the reservation time ends, the Vehicle reservation is automatically cancelled. If during the reservation time the User opts for a longer reservation time and the initial reservation time ends before the start of use of the Vehicle, the reservation time shall be extended for the duration selected by the User in the App; the User shall be charged an additional fee (indicated in the App) for the extended reservation time. If the User does not start using the Vehicle during the extended reservation time, the extended reservation shall be automatically cancelled and the above-indicated additional fee for the period the Vehicle was reserved, shall not be refunded.<\/p>\n 5.6.\u00a0\u00a0\u00a0\u00a0\u00a0 The maximum duration of use of the Vehicle shall be 30 (thirty) days, unless the parties agree otherwise and unless the App indicates otherwise with regard to a specific Vehicle. The Company shall have the right to unilaterally terminate the reservation at any time if the maximum duration of use of the Vehicle has expired. If the User does not return the Vehicle after the end of the maximum duration of use of the Vehicle, if any, the Company shall have the right to report Vehicle theft or other relevant criminal offence to the police.<\/p>\n 5.7.\u00a0\u00a0\u00a0\u00a0\u00a0 If the User avoids returning the Vehicle in time and\/or paying for the Services, if the User\u2019s Account is blocked, also in other cases provided for in the Terms, the Company shall have the right to block ignition of the Vehicle.<\/p>\n 5.8.\u00a0\u00a0\u00a0\u00a0\u00a0 If the User foresees that the maximum duration for use of the Vehicle can be exceeded, they must inform the Company about it at least 2 hours before the end of the maximum duration. The maximum duration for use of the Vehicle can be extended by mutual agreement of the parties.<\/p>\n 5.9.\u00a0\u00a0\u00a0\u00a0\u00a0 During the period of provision of the Services, the Company shall have the right, having served a written notice (including by e-mail or SMS) to the User 1 (one) day in advance, to replace the Vehicle rented by the User with another Vehicle of relevant category and parameters, in order to be able to perform regular Vehicle technical maintenance and repairs, correct Vehicle defects or perform other necessary actions. The User, having received the Company\u2019s notification indicated in this paragraph, must allow to replace the Vehicle (including, without limitation, return the Vehicle keys and other Vehicle accessories, also collect all his personal belongings from the Vehicle) on the day and at the time indicated by the Company at the place agreed by the parties and accept another Vehicle in conformity with these Terms.<\/p>\n End of the trip. Return of the Vehicle<\/em><\/p>\n5.10.\u00a0\u00a0 Before returning the Vehicle, the User shall place the Vehicle key in the designated place (i.e., the cup holder, storage compartment or another clearly visible place), shall check that they are not leaving behind any personal belongings in the Vehicle, take out any left-over garbage and check whether all the Vehicle documents, supplements and accessories are in their respective places.<\/p>\n 5.11.\u00a0\u00a0 The Vehicle must be returned and parked in such a public place within the Parking Zone, where it can be accessed at any time, also in accordance with the Road Traffic Regulations and other legal acts, rules and restrictions applicable to parking of the Vehicles. Vehicles cannot be left in:<\/p>\n 5.11.1.\u00a0\u00a0 parking lots with a barrier (except for special parking lots in airports and other places marked in the App);<\/p>\n 5.11.2.\u00a0\u00a0 underground parking lots;<\/p>\n 5.11.3.\u00a0\u00a0 places where parking is prohibited according to the Road Traffic Regulations and other legal acts;<\/p>\n 5.11.4.\u00a0\u00a0 places where, according to the Road Traffic Regulations and other legal acts, parking or short stopping of the Vehicle is allowed only on specific days, specific days of the week, specific hours or is otherwise restricted in time (e.g., in reserved parking spaces, allowing for limited parking duration), even if, according to the Road Traffic Regulations and other legal acts, the Vehicle parking is allowed at the time the trip ends (i.e., even if it not prohibited to park at the time of the actual parking or at end of the trip);<\/p>\n 5.11.5.\u00a0\u00a0 an electric car cannot be left in places intended for charging electric cars and other vehicles with electric engines, without starting the charging process;<\/p>\n 5.11.6.\u00a0\u00a0 in such a condition or situation where another User would be unable to start and\/or continue a trip with such Vehicle (e.g., with a totally empty fuel tank or with such fuel quantity that objectively is not enough to reach the nearest gas station, etc.).<\/p>\n 5.12.\u00a0\u00a0 If, during the Usage Period, the User parks the Vehicle in a paid parking lot or leaves the Vehicle in a paid parking lot, he must pay for the duration of the entire period of the parking of the Vehicle, save for the exceptions indicated in the App (e.g., the Company may have an agreement with a parking company, under which the parking services are paid by the Company etc).<\/p>\n 5.13.\u00a0\u00a0 In order to return the Vehicle, the User must choose a relevant command in the App. Before leaving the Vehicle, the User must make sure that the Vehicle is locked, all the windows and sunroofs are closed, lights are switched off, accessories remain in the Vehicle.<\/p>\n 5.14.\u00a0\u00a0 The User must return the Vehicle in a condition not worse than that in which the Vehicle was received, subject to wear and tear. Wear and tear of the Vehicle shall be determined in accordance with the instruction prepared by the association \u201dAuto Asoci\u0101cija\u201d, published on the website of the association http:\/\/www.autoasociacija.lv\/files\/konsolideta_instrukcija_nolietojumam.pdf (as subsequently amended) (the instruction shall be regarded as an integral part of the Terms), and the rules on state technical examination. Wear and tear, for example, shall not include:<\/p>\n 5.14.1.\u00a0\u00a0 broken, deformed or otherwise mechanically or thermally damaged parts, equipment and mechanisms;<\/p>\n 5.14.2.\u00a0\u00a0 Vehicle body bends, cracks in the paint layer and visible scratches (when the paint layer is damaged to the priming layer);<\/p>\n 5.14.3.\u00a0\u00a0 wear of the paint layer due to heavy washing\/cleaning of the Vehicle;<\/p>\n 5.14.4.\u00a0\u00a0 poor quality repairs and\/or defects resulting from repairs (despite the fact that the User is not entitled to repair the Vehicle either themselves or through third parties);<\/p>\n 5.14.5.\u00a0\u00a0 cracks in the body windows;<\/p>\n 5.14.6.\u00a0\u00a0 any scratches on the body windows resulting from improper use and\/or cleaning of the Vehicle;<\/p>\n 5.14.7.\u00a0\u00a0 interior damage and spoiling, such as burnt or soiled seats, broken parts of the dashboard or other plastic parts, luggage compartment lid, window opening handles, etc.;<\/p>\n 5.14.8.\u00a0\u00a0 damage to the body geometry.<\/p>\n Fuel Cards<\/em><\/p>\n5.15.\u00a0\u00a0 Each Vehicle carries a Fuel Card. These cards are the property of the Company. When using the Fuel Card, the User does not pay for fuel separately, fuel price is included in the Service fee paid by the User. The PIN code of the Fuel Card is available from the App.<\/p>\n 5.16.\u00a0\u00a0 If the fuel level in the Vehicle falls down to 1\/4 of the fuel tank, the Company may request that the User, in exchange for a Voucher, discount or another incentive offered by the Company, fill the fuel tank of the Vehicle in the nearest gas station of the company that issued the Fuel Card.<\/p>\n 5.17.\u00a0\u00a0 For filling the fuel tank of the Vehicle, only the Fuel Card carried by that specific Vehicle can be used. Use of the Fuel Card to pay for fuel filled into any other vehicle or another container is prohibited. If the User acts in breach of this prohibition, the Company shall report criminal offence to the police and the User shall be made subject to liability provided for in Chapter VII of the Terms.<\/p>\n 5.18.\u00a0\u00a0 The User must keep the Fuel Card safe and, after using it, leave it in the Vehicle. In case of losing the Fuel Card, the User must immediately notify the Company about it and compensate for damages suffered by the Company.<\/p>\n 5.19.\u00a0\u00a0 In the cases indicated on the Website and in the App, the Company offers an additional service to Users \u2013 delivery of the Vehicle to a location specified by the User. Fees charged for such a service can be found in the Service Rates \/ Pricelist. The Company also has the right to offer provision of some other services to the User for an additional fee.<\/p>\n Events during the Usage Period<\/em><\/p>\n5.20.\u00a0\u00a0 If the Vehicle breaks down, the Vehicle dashboard starts showing any alerts, suspicious strange sounds are heard or the Vehicle cannot be further used and controlled safely, the User must immediately: (i) discontinue use of the Vehicle, (ii) notify the Company about that by phone, and (iii)\u00a0perform other instructions of the Company.<\/p>\n 5.21.\u00a0\u00a0 In case of a traffic accident or causing damage to the Vehicle, third parties or their assets, the Company or its assets in any other circumstances, the User shall immediately notify the Company about it and, where applicable, relevant state authorities or services (police, fire service, etc.), fill in the traffic accident declaration and\/or shall perform other necessary actions, which have to be performed according to applicable legal acts, also which have to be performed in order to avoid greater damage to the Vehicle, other assets and\/or persons, or to reduce that damage.<\/p>\n End of the trip and return of the Vehicle <\/em><\/p>\n5.22.\u00a0\u00a0 At the end of the trip, the User must switch off the Vehicle (stop its engine), perform actions indicated in the App (e.g., lock the Vehicle) and leave the Vehicle in the Parking Zone. Having performed all the actions and made sure that the Vehicle is locked, the User can leave the Vehicle.<\/p>\n 5.23.\u00a0\u00a0 The Parking Zone, from which the Vehicle was collected, and the Parking Zone, to which the Vehicle is returned, may be different. Vehicles of some models indicated on the Website and\/or in the App must be returned to the same Parking Zone, from which they were taken. Territories of the Parking Zones shall be marked and shown on the Company\u2019s website and\/or in the App. Vehicle parking or leaving in the Parking Zone can be subject to a fee, i.e., a fee in the amount indicated in the Service Rates and\/or the Pricelist may be charged for leaving the Vehicle or its collection (reservation) in such a zone.<\/td>\n We really love our cars <3 Sharing them with you and the whole community, we ask you very VERY much: take care and protect the chosen Citybee car as if it was yours. During your trip, act responsibly, carefully and with respect.<\/strong><\/p>\n \u00a0<\/strong><\/p>\nBefore starting your trip, take a good look at the car. If you notice that the car has been scratched, damaged, is in poor order and defective, let us know at once.<\/strong><\/p>\n\u00a0<\/strong><\/p>\nThis is very important: you CANNOT transfer the car to another person during the trip. Why? Well, because you may will have to answer for their actions.<\/strong><\/p>\n\u00a0<\/strong><\/p>\nOnce the trip has been completed, leave the car where it is allowed to do that. Such locations are marked in the App <\/strong><\/p>\n\u00a0<\/strong><\/p>\nYou cannot use our car for trips abroad, except for Estonia and Lithuania.<\/strong><\/p>\n\u00a0<\/strong><\/td>\n<\/tr>\n\n\u00a0<\/strong><\/td>\n\n<\/a>VI.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 TERMS OF USE OF THE ASSETS<\/h1>\n<\/td>\n\u00a0<\/strong><\/td>\n<\/tr>\n\n\u00a0<\/strong><\/td>\n| 6.1.\u00a0\u00a0\u00a0\u00a0\u00a0 Unless the Terms or the App provide for otherwise, the User must make use of the assets in the Vehicle, including the accessories of the Vehicle (e.g., a child car seat) and other assets in the Vehicle (e.g., a sledge), in accordance with the requirements of these Terms.<\/p>\n 6.2.\u00a0\u00a0\u00a0\u00a0\u00a0 Unless the Terms or the App provide for otherwise, the User may use the assets in the Vehicle, including its accessories, only for their direct purpose, only in or together with the Vehicle and only at the time when the Services are used.<\/p>\n 6.3.\u00a0\u00a0\u00a0\u00a0\u00a0 Using the assets in the Vehicle, including its accessories, the User must follow the instructions for use of such assets and other requirements.<\/p>\n 6.4.\u00a0\u00a0\u00a0\u00a0\u00a0 Having finished use of the Vehicle, the User must return the assets placed in the Vehicle, including its accessories, together with the returned Vehicle in a condition not worse than that in which such assets were received, subject to wear and tear, leaving the returned assets in the place adapted and\/or intended for them.<\/td>\n | Take care of items in the car and use them for their intended purpose.<\/strong><\/p>\n \u00a0<\/strong><\/p>\nWhen the trip is finished, leave the items where they belong <\/strong>\uf04a<\/strong><\/td>\n<\/tr>\n\n\u00a0<\/strong><\/td>\n\n<\/a>VII.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 LIABILITY<\/h1>\n<\/td>\n\u00a0<\/strong><\/td>\n<\/tr>\n\n\u00a0<\/strong><\/td>\n| General provisions on indemnification<\/em><\/p>\n 7.1.\u00a0\u00a0\u00a0\u00a0\u00a0 The User, as the possessor of a source of increased danger, during the entire Vehicle Usage Period assumes full liability for violations of the Terms, legal acts and damage caused to the Company, the Vehicle and\/or third parties. The User shall be liable for safety, health, and life of persons who use the Vehicle along with the User (e.g., passengers), also for damage, destruction or loss of their own assets or assets of other persons, unless applicable legal acts provide otherwise.<\/p>\n 7.2.\u00a0\u00a0\u00a0\u00a0\u00a0 No provisions of these Terms restrict the right of the Company to levy debt enforcement on third parties (according to tort or quasi-tort liability), who by their actions or omissions caused damage to the Company, however, such a right of the Company does not anyhow limit the above-mentioned liability of the User.<\/p>\n 7.3.\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of these Terms, the damage(s) suffered by the Company consist(s) (including, without limitation):<\/p>\n 7.3.1.\u00a0\u00a0\u00a0\u00a0\u00a0 damage to the reputation of the Company, its goodwill and good name, trade mark and trade name, its corporate principles, also for social image of the Company;<\/p>\n 7.3.2.\u00a0\u00a0\u00a0\u00a0\u00a0 damage to the Vehicle (including impairment of its value) and assets therein, including accessories;<\/p>\n 7.3.3.\u00a0\u00a0\u00a0\u00a0\u00a0 all the costs in connection with the Vehicle transportation, security, cleaning, parking, repairs (both actually incurred costs and costs not yet incurred but determined and estimated by an independent damage assessor as necessary Vehicle repair costs);<\/p>\n 7.3.4.\u00a0\u00a0\u00a0\u00a0\u00a0 costs in connection with damage assessment, determination, loss adjustment and administration;<\/p>\n 7.3.5.\u00a0\u00a0\u00a0\u00a0\u00a0 costs in connection with sale, disposal of the Vehicle;<\/p>\n 7.3.6.\u00a0\u00a0\u00a0\u00a0\u00a0 debt enforcement costs;<\/p>\n 7.3.7.\u00a0\u00a0\u00a0\u00a0\u00a0 indirect damages (e.g., lost income, Vehicle idle time);<\/p>\n 7.3.8.\u00a0\u00a0\u00a0\u00a0\u00a0 costs for damage prevention or its reduction;<\/p>\n 7.4.\u00a0\u00a0\u00a0\u00a0\u00a0 Without prejudice to the application of any provisions of these Terms, the User shall be fully responsible for damage to the Vehicle:<\/p>\n 7.4.1.\u00a0\u00a0\u00a0\u00a0\u00a0 if the Vehicle or some part of it is stolen or damaged because the driver left windows, sunroof open, hardtop retracted, doors unlocked, etc.;<\/p>\n 7.4.2.\u00a0\u00a0\u00a0\u00a0\u00a0 if the Vehicle or some part of it is stolen or damaged by persons who used the Vehicle with the User or with the knowledge and at will of the User.<\/p>\n 7.5.\u00a0\u00a0\u00a0\u00a0\u00a0 The User shall not be responsible for damage to the Vehicle, the Company or other persons, when:<\/p>\n 7.5.1.\u00a0\u00a0\u00a0\u00a0\u00a0 such damage is done through the fault of the Company and\/or third parties (except for the fault of third parties discussed in paragraph 7.6 of the Terms, liability for which lies with the User);<\/p>\n 7.5.2.\u00a0\u00a0\u00a0\u00a0\u00a0 breaking down of the Vehicle is the consequence of previous operation or wear and tear of the Vehicle if the User immediately informed the Company about it by phone and carried out instructions of the Company;<\/p>\n 7.5.3.\u00a0\u00a0\u00a0\u00a0\u00a0 there are other lawful grounds, limiting or cancelling the User’s liability (for example, force majeure<\/em>, acts of the state, etc.).<\/p>\n7.6.\u00a0\u00a0\u00a0\u00a0\u00a0 In cases when a third party makes a breach of the Terms or performs other illicit actions or omissions and\/or causes damage to the Company and\/or other persons, including the User themselves, to whom the User, by his active or passive actions and\/or omissions, directly or indirectly, intentionally or by reason of negligence, allows, consents, transfers or otherwise enables, or makes it possible, or in any other way creates a possibility to a third party or a group of third parties to get into, control and\/or otherwise use the Vehicle, its accessories and\/or his Account, or does not prevent it:<\/p>\n 7.6.1.\u00a0\u00a0\u00a0\u00a0\u00a0 the User assumes all risks, liability and damages for breaches of the Terms, laws committed by actions or omissions of third parties and\/or damage caused to the Company and\/or third parties;<\/p>\n 7.6.2.\u00a0\u00a0\u00a0\u00a0\u00a0 the fines, indemnification for damage(s), other liability indicated in the Terms and all their consequences shall apply to the User, deeming that such actions and breaches were committed and damage was caused by the User themselves;<\/p>\n 7.6.3.\u00a0\u00a0\u00a0\u00a0\u00a0 the means indicated in the Chapters IX\u2013X of the Terms (Account blocking, prohibition of use of the Services, etc.), indicated in, and all their consequences shall apply to the User, deeming that such actions and breaches were committed by the User himself;<\/p>\n 7.6.4.\u00a0\u00a0\u00a0\u00a0\u00a0 all other consequences of such actions and omissions shall apply to the User, deeming that such actions (omissions) were committed by the User himself.<\/p>\n Fines<\/em><\/p>\n7.7.\u00a0\u00a0\u00a0\u00a0\u00a0 The Terms discuss fines and conditions, principles and procedure of imposing them, whereas specific types of fines and their specific amounts are indicated in the Pricelist, which can be periodically updated. The Pricelist can be found on the Website and in the App. In any case, the User must get familiar with the Pricelist in the App, applicable to each reservation and currently valid before they confirm each reservation.<\/p>\n 7.8.\u00a0\u00a0\u00a0\u00a0\u00a0 The fines discussed in the Terms and listed in the Pricelist shall be deemed penalties, which the User undertakes to pay if the User fails to perform requirements of the Terms or otherwise defaults on them, i.e., which are caused by unlawful actions of the User.<\/p>\n 7.9.\u00a0\u00a0\u00a0\u00a0\u00a0 Upon payment of a fine indicated in the Pricelist, the User must indemnify the Company for all additional amounts or additional types of damages, which are not covered by the fine paid. Payment of a fine does not release the User from the duty to compensate all damages of the Company, which are not covered by the fine paid. Further, imposition of a fine does not release the User from the duty to perform obligations provided for in these Terms and\/or legal acts, to the extent the fine paid by the User does not cover or does not replace such obligations according to their essence and substance. All cases of different types of damage(s) caused by individual actions of the User shall be determined and assessed separately, even if they are caused at the same time. Indemnification for individual\/different types of damage(s) caused by such individual actions of the User (by paying a fine and\/or compensating for damages) shall not be mutually inclusive and shall apply individually for each type of such damage and the respective actions of the User that caused it.<\/p>\n 7.10.\u00a0\u00a0 The User must pay the Company a fine of the amount indicated in the Pricelist in the following cases (the list of cases is presented for illustration purposes only and is not exhaustive; the exhaustive list of fines can be found in the Pricelist):<\/p>\n 7.10.1.\u00a0\u00a0\u00a0\u00a0\u00a0 for damage to or loss of the Vehicle, accessories or equipment;<\/p>\n 7.10.2.\u00a0\u00a0\u00a0\u00a0\u00a0 for smoking in the Vehicle;<\/p>\n 7.10.3.\u00a0\u00a0\u00a0\u00a0\u00a0 for improper use of the Fuel Card;<\/p>\n 7.10.4.\u00a0\u00a0\u00a0\u00a0\u00a0 for dangerous, reckless or careless driving;<\/p>\n 7.10.5.\u00a0\u00a0\u00a0\u00a0\u00a0 for a soiled, dirty Vehicle, when it becomes dirtier than in case of ordinary use of Vehicles (for example, in case of driving off roads, in woods, water bodies, shallow swamps, mountains, in places accessible only with special transport or specially prepared vehicles, or in violation of the Road Traffic Regulations, etc.);<\/p>\n 7.10.6.\u00a0\u00a0\u00a0\u00a0\u00a0 for driving under the influence of alcohol (above 0.00 per mille), narcotic substances and other substances affecting mental state (or when the User consumed alcohol or used other intoxicating substances after the traffic accident before its circumstances were established or avoided undergoing a blood alcohol or intoxication test (for the purposes of these Terms, blood alcohol content or intoxication shall be understood as defined in legal acts). The User must pay the Company a fine in the amount indicated in the Pricelist for driving under the influence of alcohol (above 0.00 per mille), narcotic substances and other substances affecting mental state also in those cases when they transferred the Vehicle or otherwise made it possible for another person to drive it when they were under the influence of alcohol (above 0.00 per mille), narcotic substances or other substances affecting mental state, or when such a person avoided undergoing a blood alcohol or intoxication test;<\/p>\n 7.10.7.\u00a0\u00a0\u00a0\u00a0\u00a0 for misappropriation, loss of the Vehicle, assets therein, misappropriation of fuel;<\/p>\n 7.10.8.\u00a0\u00a0\u00a0\u00a0\u00a0 for allowing other persons to use the User\u2019s Account or the Vehicle;<\/p>\n 7.10.9.\u00a0\u00a0\u00a0\u00a0\u00a0 for violation of other provisions of these Terms or legal acts.<\/p>\n 7.11.\u00a0\u00a0 The User, having paid a fine to the Company or having compensated it for damages, shall not acquire any title to the Vehicle or any rights of recourse to the Company or the owner of the Vehicle.<\/p>\n Special provisions on fines <\/em><\/p>\n7.12.\u00a0\u00a0 In case of fuel misappropriation, the User must pay the Company a fine indicated in the Pricelist, which is meant to compensate damages suffered by the Company in connection with preclusion, prevention, identification, administration of such events, also must compensate for the full value of the misappropriated fuel in addition.<\/p>\n 7.13.\u00a0\u00a0 In case the User leaves the Vehicle (i.e., ends the trip) not in Parking Zones marked in the App and that happens outside Latvia, the User must pay the Company a fine indicated in the Pricelist, which is intended to compensate the Company for damages suffered in connection with preclusion, prevention, identification, administration of such events, also must compensate for all the Vehicle transportation and other additional costs incurred by the Company.<\/p>\n 7.14.\u00a0\u00a0 In case the User loses the Vehicle starting keys, the User must pay the Company a fine indicated in the Pricelist, which is intended to compensate the Company for damages suffered in connection with preclusion, prevention, identification, administration of such events, also must compensate for all key acquisition (production) and programming costs.<\/p>\n 7.15.\u00a0\u00a0 The fine indicated in the Pricelist for driving under the influence of alcohol (above 0.00 per mille), narcotic substances and other substances affecting mental state (or when the User consumed alcohol or used other intoxicating substances after the traffic accident before its circumstances were established, or avoided undergoing a blood alcohol or intoxication test) shall be regarded as the penalty, and which is applied, among other things, to prevent and compensate damage to the Company\u2019s reputation, goodwill and good name, trademarks and trade name, its corporate principles, as well as the social image of the Company, it is also meant to compensate the Company for all other inconvenience, restrictions, etc., that the Company suffers by reason that the User defaults on or fails to properly fulfil requirements of the Terms. The above-discussed fine also performs the function of ensuring proper fulfilment of the User\u2019s obligation not to drive under the influence of alcohol (above 0.00 per mille), narcotic substances and other substances affecting mental state, as described in more detail in these Terms, and the related preventive function.<\/p>\n Damages caused by a traffic accident<\/em><\/p>\n7.16.\u00a0\u00a0 Save for the exceptions indicated in paragraph 7.17 of the Terms, in those cases when a traffic accident resulted in damage to the Vehicle or other damage to the Company, and the User is at fault for such a traffic accident, the User shall compensate the Company for<\/strong> the amount of damages, caused by such a traffic accident, not in excess of EUR 600 (six hundred)<\/strong> and shall not have to compensate the Company for any additional damages in case of such an accident. In such a case, the Company assumes all the remaining damages, caused by such a traffic accident, that are in excess of the amount of EUR 600 (six hundred). If damage caused by the User to the Company in case of such a traffic accident is below the indicated amount of EUR 600 (six hundred), the User shall compensate the Company for the actual amount of damages.<\/p>\n7.17.\u00a0\u00a0 In the cases indicated below, if a traffic accident resulted in damage to the Vehicle or other damage to the Company, the User (or another person indicated in paragraph 7.6 of the Terms) being at fault for such a traffic accident, the User must compensate the Company<\/strong> for all damages, the amount of which is not limited to the amount indicated in paragraph <\/u><\/strong>7.16<\/u><\/strong> of the Terms<\/u><\/strong>:<\/p>\n7.17.1.\u00a0\u00a0\u00a0\u00a0\u00a0 when damage appeared when the Vehicle was participating in any sports competitions, sports racing or sports training;<\/p>\n 7.17.2.\u00a0\u00a0\u00a0\u00a0\u00a0 when the Vehicle was controlled by a person without such a\u00a0 right, including a person other than the User;<\/p>\n 7.17.3.\u00a0\u00a0\u00a0\u00a0\u00a0 when the Vehicle is used for purposes it is not designed or intended for (including when the traffic accident happened when driving terrains not intended for motor traffic (frozen water bodies, woods, meadows, etc.);<\/p>\n 7.17.4.\u00a0\u00a0\u00a0\u00a0\u00a0 when a person does not have the right to drive Vehicles of such category or any Vehicles, or when a Vehicle is controlled by an unauthorised possessor (including persons, who were given the Vehicle by the User in breach of these Terms);<\/p>\n 7.17.5.\u00a0\u00a0\u00a0\u00a0\u00a0 when the driver used the Vehicle under the influence of alcohol (above 0.00 per mille), narcotic substances and other substances affecting mental state (also when the User consumed alcohol or used other intoxicating substances after the traffic accident before its circumstances were established, or avoided undergoing a blood alcohol or intoxication test);<\/p>\n 7.17.6.\u00a0\u00a0\u00a0\u00a0\u00a0 when damage is done intentionally or by reason of gross negligence (e.g., major speeding, dangerous or reckless driving, other gross violations of the Road Traffic Regulations);<\/p>\n 7.17.7.\u00a0\u00a0\u00a0\u00a0\u00a0 when damage to the Vehicle is caused in case of breach of the requirements of paragraphs 5.3.11, 5.3.12 of the Terms;<\/p>\n 7.17.8.\u00a0\u00a0\u00a0\u00a0\u00a0 when the User abandons the place of the accident;<\/p>\n 7.17.9.\u00a0\u00a0\u00a0\u00a0\u00a0 when the User does not perform instructions of the traffic police or other competent authorities;<\/p>\n 7.17.10.\u00a0\u00a0 when the User uses the Vehicle for a criminal offence;<\/p>\n 7.17.11.\u00a0\u00a0 when the User does not report the traffic accident to the Company, the police, the fire service and\/or other competent authorities or services;<\/p>\n 7.17.12.\u00a0\u00a0 when the User violates the obligations provided for in paragraph 7.19 of the Terms.<\/p>\n 7.18.\u00a0 When a wrong fuel is filled into the Vehicle fuel tank, the User shall compensate the Company for damages suffered by this reason, however not in excess of EUR 600 (six hundred)<\/strong>.<\/p>\nDamage(s) caused to third parties during a traffic accident. Insurance<\/em><\/p>\n7.19.\u00a0 In case of a traffic accident, the User must perform the obligations imposed by the Road Traffic Law and the Compulsory Civil Liability Insurance of Owners of Motor Vehicles Law, including:<\/p>\n 7.19.1.\u00a0\u00a0\u00a0\u00a0\u00a0 take all available and reasonable measures to reduce the potential damage, take all the measures necessary to provide medical aid to injured persons and protect their property as much as possible;<\/p>\n 7.19.2.\u00a0\u00a0\u00a0\u00a0\u00a0 immediately report the traffic accident to the police in cases defined in the Road Traffic Regulations;<\/p>\n 7.19.3.\u00a0\u00a0\u00a0\u00a0\u00a0 in cases provided for in legal acts, fill in a declaration of a traffic accident and draw a scheme of the traffic accident in it, describe the circumstances of the traffic accident and present the declaration for signature to all the participants of the traffic accident;<\/p>\n 7.19.4.\u00a0\u00a0\u00a0\u00a0\u00a0 provide other participants of the traffic accident with the information necessary to identify the insurance undertaking which covers the User against civil liability;<\/p>\n 7.19.5.\u00a0\u00a0\u00a0\u00a0\u00a0 immediately notify the Company about the accident.<\/p>\n 7.20.\u00a0 The User must indemnify for the damage caused to third parties or otherwise compensate for the damage caused to them during the traffic accident (or compensate such amounts to the civil liability insurer) in those cases when through the fault of the User or other reasons, for which the Company is not liable, the insurer refuses to pay the insurance compensation according to the policy of insurance against civil liability in respect of the use of motor vehicles:<\/p>\n 7.20.1.\u00a0\u00a0 the User violated the obligations provided for in paragraph 7.19 of the Terms;<\/p>\n 7.20.2.\u00a0\u00a0 there are circumstances indicated in paragraph 7.17 of the Terms;<\/p>\n 7.20.3.\u00a0\u00a0 damage appeared when the Vehicle was not participating in public road traffic: was in a garage, repair shops, another place not intended for road traffic, was used for non-road work;<\/p>\n 7.20.4.\u00a0\u00a0 in cases when the damage exceeds the amounts indicated in the insurance policy against civil liability in respect of the use of motor vehicles, or where the insurer, the Motor Insurers\u2019 Bureau of Latvia, etc., refuses to pay an insurance compensation for other reasons, for which the Company is not responsible;<\/p>\n 7.20.5.\u00a0\u00a0 in cases where the insurance policy against civil liability in respect of the use of motor vehicles is invalid or the insurer refuses to pay an insurance compensation because of the User\u2019s fault.<\/p>\n Damage assessment. Damage management<\/em><\/p>\n7.21.\u00a0 Where the Company suffers damage (except for cases when the amount of damages is included in the fines agreed by the parties in advance, the amounts of which are indicated in the Pricelist), the amount of damage(s) suffered by the Company is determined by involvement of professional independent certified (licensed) damage assessors and other service providers by the Company.<\/p>\n 7.22.\u00a0 The Company or an independent loss adjustment expert involved by it, upon receipt of initial information, shall perform investigation of the accident, during which the User, witnesses of the accident can be questioned, the place of the accident can be examined, requests for information can be sent to relevant law enforcement, law and order institutions, medical institutions performing expert medical examination, also organisations maintaining lists of persons with psycho-neurological, toxicological, drug abuse problems, as well as other organisations, companies or institutions. If necessary, photos shall be made, expert examinations, investigations shall be performed. During the entire process of damage assessment and investigation, the User shall have the right to present additional material, explanations, evidence to the Company and\/or the independent loss adjustment expert involved by it.<\/p>\n 7.23.\u00a0 Damage to the Vehicle and damage(s) suffered by the Company shall be determined following the methodologies for assessment and valuation of vehicles, other assets, damage assessment methodologies and rules, which must be followed by independent loss adjustment experts according to legal acts valid in the Republic of Latvia, when determining damage to the Vehicle.<\/p>\n 7.24.\u00a0 The Company or the loss adjustment expert involved by it shall inform the User about the start of the loss adjustment process and, when the damage assessment is complete, shall provide the User with the damage assessment report, expense estimate and related documents and information. The conclusions of the Company or the loss adjustment expert involved by it shall be binding to the User unless it is proven under the procedure set in paragraph 7.25 of these Terms that they are materially different from the actual situation.<\/p>\n 7.25.\u00a0 The User may raise his reasoned objections to the damage assessment performed by the Company or the loss adjustment expert involved by it within a period of 7 (seven) days, presenting a damage assessment and valuation report prepared by an independent certified (licensed) assessor involved by the User, which is in line with legal requirements applicable to such assessment and documents (hereinafter referred to as the Alternative Damages Report<\/strong>). The Alternative Damages Report presented by the User and other documents presented by the User to the Company shall be evaluated together with other information collected and prepared by the Company and the loss adjustment expert involved by it and other service providers. In case of any disagreements between the parties about the sum of damages, the final conclusion on this issue shall be presented by the loss adjustment expert involved by the Company, whose conclusions shall be binding on the Company and the User. The User shall cover all costs related to the Alternative Damages Report and the work of an independent damage assessor hired by the User or third parties.<\/p>\n7.26.\u00a0 The User shall cover damage assessment, adjustment and administration costs incurred by the Company, also shall cover all expenses of an alternative or additional investigation or damage assessment, which are incurred by the User in exercise of the rights provided for in paragraph 7.25 of the Terms.<\/p>\n Additional fees <\/em><\/p>\n7.27.\u00a0 If the User, violates the Road Traffic Regulations or Road Traffic law while using the Vehicle, the Company shall have the right to charge an administration fee, the amount of which is indicated in the Pricelist. The administration fee is intended to cover minimal costs incurred by the Company in connection with administration of such a violation.<\/p>\n 7.28.\u00a0 All the fines imposed by the State for violations of the Road Traffic Regulations or Road Traffic law shall be borne by the User.<\/p>\n 7.29.\u00a0 The User must pay the road toll for using roads for freight Vehicles under the procedure set by legal acts themselves (more information can be found at: https:\/\/www.csdd.lv\/autocelu-lietosanas-nodeva-vinjete\/autocelu-lietosanas-nodeva).<\/p>\n 7.30.\u00a0 In cases set forth in the Terms, the User shall also cover costs incurred by the Company in connection with the administration of damage or debt caused by the User, except for cases when such costs are already included in the amount of the fine indicated in the Pricelist.<\/p>\n 7.31.\u00a0 The User must also pay any other additional fees indicated in the Pricelist.<\/p>\n Terms of payment of fines, additional fees, other amounts<\/em><\/p>\n7.32.\u00a0 The Company shall automatically debit the amount of the fine and\/or additional fees indicated in the Pricelist to the Payment Account. They money shall be debited to the Payment Account immediately after a breach is identified, properly recorded and notified to the User in advance (via the App or otherwise).<\/p>\n 7.33.\u00a0 The User, having received the documents and the invoice indicated in paragraph 7.24 of the Terms, shall pay the invoice within 7 (seven) days (except for cases when the User exercises his right provided for in paragraph 7.25 of the Terms).<\/p>\n Liability of the Company<\/em><\/p>\n7.34.\u00a0 The Company is responsible for fulfilment of the duties provided for in these Terms and shall compensate the User for damages arisen by reason of improper performance of the duties of the Company only if such damages were caused through the fault of the Company.<\/p>\n 7.35.\u00a0 Without prejudice to the above provisions, to the extent such limitation of liability is allowed by applicable law, the Company shall not be held liable for:<\/p>\n 7.35.1.\u00a0\u00a0 damage the User suffered by reason of being late (e.g., being late to arrive at a certain place, etc.), missing a certain date and time, etc. in connection with use of the Services;<\/p>\n 7.35.2.\u00a0\u00a0 damage the User inflicted to third parties or their assets by making use of the Services;<\/p>\n 7.35.3.\u00a0\u00a0 damage to the User’s assets, health or life, suffered by the User when using the Services;<\/p>\n 7.35.4.\u00a0\u00a0 loss of profit, income, business, opportunity to enter into agreements or contracts, damage to or loss of the opportunity to make use of software, data or information, loss of or damage to reputation;<\/p>\n 7.35.5.\u00a0\u00a0 damages suffered by the User because he could not use the Vehicle upon occurrence of a traffic accident or due to other reasons beyond control of the Company;<\/p>\n 7.35.6.\u00a0\u00a0 damages in excess of the price of the Services failed to be provided or provided improperly.<\/p>\n 7.36.\u00a0 If the Company does not ensure proper provision of the Services to the User (i.e., during the Vehicle reservation time the reserved Vehicle is not in the place indicated in the App or it cannot be used) and the User informs the Company about it, the Company undertakes at its own choice: (i) to compensate the User for taxi costs, the amount of which shall be agreed by phone and shall not exceed the amount indicated in the Pricelist, or (ii) to give a discount of the relevant amount, transferring the amount to the User\u2019s digital wallet.<\/p>\n 7.37.\u00a0 The amount to be compensated by the Company to the User (agreed by the parties or determined by a competent authority) shall, at the User\u2019s choice, be included into (offset against) a future invoice and\/or payments for the Services, or transferred to the Payment Account, or paid by transferring it to the User\u2019s digital wallet.<\/p>\n 7.38.\u00a0 To the extent permitted by applicable legal acts, the Company does not give any guarantees and does not assume any liability for actions or omissions of the User or a third party.<\/td>\n When driving our car, you assume liability for the damages caused to us, your passengers or other traffic participants.<\/strong><\/p>\n \u00a0<\/strong><\/p>\nWe remind you that you are liable for actions of other persons who were driving or otherwise using the car during your trip.<\/strong><\/p>\n\u00a0<\/strong><\/p>\nThis point is particularly important. WE ARE STRICTLY AGAINST DRIVING UNDER THE INFLUENCE OF ALCOHOL OR OTHER INTOXICATING SUBSTANCES. The fine for driving under the influence of alcohol or other intoxicating substances is EUR 2,000.<\/strong><\/p>\n\u00a0<\/strong><\/p>\nIn the event of a traffic accident or other damages, call us immediately. If necessary, call the police.<\/strong><\/p>\n | | | | | | | | | | | | | | | | | | | | | | | |