The new edition was approved on 2021.01.14 by the
Director's Order No. CBLV-IO21-2
RENTAL AND SERVICE PROVISION
TERMS AND CONDITIONS
I.
GENERAL PROVISIONS
1.1. These Rental and service provision terms and conditions (hereinafter
referred to as the “Terms and Conditions”) of SIA “CityBee Latvija”, legal entity registration number 50203191721, registered at Piestatnes
Street 11A, Jurmala, LV-2015, the
Republic of Latvia (hereinafter
referred to as the “Company”) shall govern (i) User registration procedure,
(ii) reservation and use of motor vehicles, two-wheel vehicles and
assets, (iii) terms and conditions applicable to the operation of vehicles and
assets, (iv) rules of liability, as well as (v) payment terms and conditions.
1.2. In cases where the User has any questions in relation to these Terms and
Conditions, the User shall be entitled to contact the Company at the following
contact details: telephone +371 28908649, e-mail info@citybee.lv.
1.3. The Company and the User shall be deemed to have entered into
contractual relationships in accordance with these Terms and Conditions.
II.
DEFINITIONS
2.1. “User”
shall mean a customer of the Company (natural person) who accepts these Terms
and Conditions and uses the Services on the basis of these Terms and Conditions.
2.2. “Vehicle”
shall mean a two-wheel vehicle driven by muscular force or powered by an
electric motor, or a motor vehicle provided by the Company for use to the User against
the fee on the basis of these Terms and Conditions.
2.3. “Assets” shall mean property of the Company, which is not designed or intended
for participation in public traffic and shall be provided to the User for use on
the basis of these Terms and Conditions and in accordance with its immediate
purpose. The following shall be regarded as Assets, including, but not limited
to sleighs, water bikes, as well as other property not classified as Vehicle
and meeting the description above.
2.4. “Period
of Use” shall mean a period of time as of the moment of collection
(unlocking) of the Vehicle or Asset, up to the moment of returning (locking) of
the Vehicle or Asset.
2.5. “Services”
shall mean all the services provided by the Company to the User, including
rental (provision for use), maintenance (overhaul and current repairs, technical
support), civil liability insurance, as well as provision of materials and
fuels necessary for use and operation of the Vehicle or Assets according their
normal and usual purpose.
2.6. “Website”
shall mean a website, accessible at www.citybee.lv.
2.7. “Mobile
Application” shall mean application software intended
for smart phones, tablets and/or other mobile devices by virtue of which the
Vehicle reservation, unlocking, locking and/or other actions provided for in
the software are carried out.
2.8. “Electronic System” shall mean the Vehicle reservation system on the
Mobile Application.
2.9. “Vehicle System” shall mean an electronic system installed in the
Vehicle, which records the location of the Vehicle, the distance covered by the
Vehicle, the time of use of the Vehicle, use of the
Fuel Card and other data related to the Vehicle and use thereof, and transmits this
data to the Company.
2.10. “Pricelist”
shall mean the Service fees, fines, amounts of losses, other fees and charges
published on the Website and Mobile Application. The Pricelist forms an
integral part of these Terms and
Conditions.
2.11. “Road Traffic Regulations” shall
mean the applicable road traffic regulations and related statutory rules of the
respective country.
2.12. “Fuel
Card” shall mean a fuel card in each motor Vehicle intended to pay for fuel
at the petrol/gas/service station specified by the Company.
2.13. “Parking Area” shall mean a parking lot
from which the User collects the Vehicle and/or to which the Vehicle may be returned.
2.14. “Privacy
Policy” shall mean Company’s Privacy Policy, which contains information on
the processing of User personal data, including User rights as a data subject.
2.15. For the
purposes of these Terms and Conditions, the terms in singular and plural form shall
have the same meaning, as the context may require.
III.
ACCOUNT REGISTRATION
3.1. The User shall be entitled to use the Services only after completion of
the procedure prescribed herein – i.e. registration on the Mobile Application
and creation of his/her personal electronic account (hereinafter referred to as
the “CityBee Account”).
3.2. At any time after registration, the User may be entitled to choose the
Premium subscription that provides additional benefits to the User for an
additional fee (hereinafter referred to as the “Premium plan”). The
amounts of fees, terms and benefits associated with the Premium plan are
specified on the Website and Mobile Application, as well as may be found in the
Pricelist.
3.3. During the registration process, the User shall:
3.3.1. carefully and responsibly read these Terms and Conditions, Pricelist, Rules
of Insurance, Privacy Policy (as well as their annexes) and click the “I
accept” button in the registration form. By clicking the “I accept” button the
User confirms that all information provided to him/her is clear, understandable
and that he/she accepts these Terms and Conditions;
3.3.2. provide such data, information and/or documents which may be reasonably
requested by the Company at the moment of registration (including by completing
the fields with requested information);
3.3.3. indicate his/her e-mail address (which will be used as User
identification code) and create a unique password which will be used for later
logins to the Electronic System;
3.3.4. choose an identification method: unique User created PIN code,
identification via fingerprint and/or facial recognition system (hereinafter
collectively referred to as the “Passcode”),
which the User will be required to use (input) each time when accessing the
Mobile Application. The User may be unable to choose fingerprint or facial
recognition as the Passcode if his/her mobile device does not support such
functionality;
3.3.5. link his/her CityBee Account with a valid payment card. The Company
is entitled to perform the User’s payment card verification – i.e. to reserve
an amount equal to EUR 1 (one) that will be returned to the User’s linked payment card account (hereinafter referred to as the “Payment
Account”) after the successful verification (reservation). The term for actual
repayment of the reserved amount depends on the terms and conditions applied by
the financial (payment) institution that issued User’s payment card;
3.3.6. for use of motor Vehicles, hold a valid document evidencing the right to
drive motor Vehicles (i.e., driving licence) and confirm its validity following
the procedure on the Mobile Application:
3.3.6.1. upload photos of his/her face and front side of his/her driving licence;
3.3.6.2. the Company shall verify the face similarity and validity of the
document evidencing the right to drive motor Vehicles.
3.4. If the User fails to enter correct data or enters wrong or false data, the
registration of the User shall be deemed invalid and shall be cancelled.
3.5. Login details and the Passcode shall be protected by the User and the
User shall have no right to disclose it to any third party. The User shall be
responsible for ensuring the security and confidentiality of his/her login
details and Passcode.
3.6. The User shall have no right to:
3.6.1. assign, trade or lease his/her CityBee Account;
3.6.2. create fake, illicit, false CityBee Accounts.
3.7. The User
shall immediately notify the Company if his/her:
3.7.1. login details
are lost or become available to a third party;
3.7.2. CityBee Account is compromised or available
for use by a third party.
3.8. Upon receipt
of User’s notification specified in paragraph 3.7 hereof, the Company shall
immediately, but not later than within 8 (eight) working hours, block User’s CityBee Account.
3.9. Both the Company and the User shall undertake to notify each other of
any changes to their data (name, surname/name, address, registration number
etc.) not later than within 5 (five) calendar days.
3.10. The losses incurred after the User’s notification referred to in
paragraph 3.7 hereof shall be borne by the Company, except for the cases where
the damage was caused by intentional actions of the User. The User shall be
liable and shall assume all risk related to the use of his/her CityBee Account by any
unauthorised third party up to the moment of
User’s notification referred to in paragraph 3.7, with the exception of cases,
where:
3.10.1. the losses were incurred as a result of gross negligence or intent of
the Company, or
3.10.2. the losses were incurred as a result of the circumstances, controlled by
the Company.
3.11. The User shall ensure that when using the computer hardware, software or
other equipment for registration and/or login to the Electronic System all
rational and contemporary security measures (including anti-virus, anti-malware
software and firewalls) are activated, and shall accordingly be responsible for
all consequences arising due to inadequate protection of the User’s computer,
smart phone, tablet or other device.
IV.
GENERAL TERMS AND CONDITIONS
OF USE
General rules
4.1.
The
Company shall undertake to ensure that the Vehicle or Asset is in good order and
condition and is suitable for use and operation.
4.2.
The
faults or malfunctions, which do not have an impact on traffic safety and shall
not have an impact in the short run, as well as defects which are not the
consequence of improper maintenance of the Vehicle or Asset, shall not be
recognised as defects.
4.3.
The
User shall undertake to use the Services in accordance with the provisions of
these Terms and Conditions and act as a reasonably careful, prudent,
responsible and informed person.
4.4.
When using the Services, the
User shall, inter alia:
4.4.1.
comply with the Vehicle
operation requirements established by the manufacturer of the Vehicle and
specified in the Vehicle manuals/instructions kept in the Vehicle;
4.4.2.
comply with the Company’s
instructions and recommendations set out in these Terms and Conditions;
4.4.3.
comply with the Road Traffic Regulations;
4.4.4.
not
be entitled to use the Vehicle for racing or other sport or racing related
purposes, use it as a training vehicle, or use the Vehicle at constant
increased load (carriage of heavy goods etc., except for freight Vehicles), use
for towing of other vehicles, use the motor Vehicle for the purposes for which
it is not adapted or designed, use the motor Vehicle for carrying out
activities prohibited by the applicable legal acts;
4.4.5.
comply with requirements of other applicable legal acts;
4.4.6.
comply with the Vehicle
operation requirements which are not mentioned herein above, although are
considered as ordinary requirements for use of such type of property.
4.5.
The User shall undertake to
immediately notify the Company and the respective public authorities (e.g.,
police, fire service) if the Vehicle is destroyed, damaged, breaks down or
otherwise becomes improper for use, as well as inform about circumstances
preventing from operation and use of the Vehicle.
4.6.
Without a prior written consent
of the Company, the User shall not be allowed to sublease the Vehicle, Asset, assign
any of the rights and duties hereunder, or transfer the Vehicle to another
person, or allow another person to use the Vehicle.
4.7.
The User shall be fully
responsible for the Vehicle or Asset during the Period of Use. During this Period
of Use, the User shall assume all responsibility as the operator of the source
of higher risk. The User shall be responsible for the safety, health, loss of
life, also destruction or loss of property of persons which use the Vehicle or
Asset together with the User (e.g., passengers), unless otherwise provided by
the applicable laws.
4.8. The fact of using the Services shall be deemed as a
confirmation by the User that he/she (i) has sufficient knowledge how to use and
operate the Vehicle or Asset, (ii) has necessary skills to use the Vehicle or
Asset, and (iii) meets the standard of physical fitness necessary for driving
the Vehicle.
4.9. The User shall:
4.9.1. drive safely;
4.9.2. start braking and driving the Vehicle at a
safe speed, taking into account his/her experience, skills and weather
conditions;
4.9.3. wear head protection and appropriate
clothes (in case of two-wheel Vehicles and Assets);
4.9.4. assess weather and environmental
conditions and use the Vehicle or Asset only after making sure that its use is
safe and does not endanger the User, other persons or the Company.
4.10. In the event that the User stops using the Vehicle or
Asset for a short period of time, but has not completed his/her trip or
reservation, the User must take all steps to ensure the safety of Vehicle or
Asset and that it cannot be appropriated by third persons (i.e., is locked,
windows are closed, the
lights and the player are turned off, etc.).
4.11. Vehicle or
Asset may be used in the territory of Lithuania, Latvia and Estonia. The User is
allowed to use the Vehicle or Asset outside the territory Lithuania, Latvia and
Estonia, only with a prior written consent of the Company.
4.12.
When using the Vehicle or Asset, the User shall:
4.12.1.
be completely sober (0.00 per mil) and not under the influence of
psychoactive substances;
4.12.2.
be prohibited from
driving the Vehicle if he/she is sick or tired, or where his/her driving may pose
a risk to the traffic safety, transfer the motor Vehicle or Asset to other
persons for driving or using otherwise;
4.12.3.
be obliged to follow
other requirements, applicable to the categories of vehicles he/she is
authorised to drive, as specified in the driving licence.
4.13.
The Company shall
be entitled to install an alcolock in the Vehicle, i.e. a breathalyser that
prevents the Vehicle from being started if the driver’s breath contains too
much alcohol.
Reservation, collection, use
4.14.
Before starting a
trip, a motor Vehicle must be reserved on the Mobile Application. A motor
Vehicle may be reserved for the time period indicated on the Mobile Application
before the expected start of use of the motor Vehicle. To make a reservation,
the User shall carry out the following actions:
4.14.1. log in to the Electronic System, entering
the Passcode where required;
4.14.2. select the preferred Vehicle;
4.14.3. confirm reservation of that Vehicle.
4.15.
Confirmation of the
reservation will be generated on the Mobile Application and visible on the
User’s screen.
4.16.
On reaching the Vehicle or Asset Parking Area, the
User must select an appropriate command and follow the instructions shown on
the Mobile Application in order to unlock the Vehicle or Asset, or after completing
the trip – to lock it.
4.17.
The User shall
examine Vehicle (both the interior and the exterior of the Vehicle) to make
sure that the motor Vehicle does not have clearly visible damages, and shall
undertake to check if all fittings and accessories of the motor Vehicle (the
ignition key, the Fuel Card and the Vehicle documents) are in place. The User
shall immediately notify the Company of any detected nonconformities by
telephone number +371 28908649 (or another number provided for this purpose on
the Website or Mobile Application) or e-mail address info@citybee.lv. In case the orange label (stating
that the damage has already been reported) is attached to the clearly visible
damage, the Company must not be additionally notified. Otherwise, all non-notified
damages shall be deemed as occurred during the Period of Use by the User.
4.18.
In case the User foresees that the maximum term of
use of the Vehicle or Asset may be exceeded, he/she must inform the Company no
later than two hours before the maximum term expires. The maximum term of use
of the Vehicle or Asset may be extended by mutual agreement between the parties.
Accidents during
the Period of Use
4.19. In case the
Vehicle or Asset is confiscated or arrested, or other rights to it are
restricted during the Period of Use through the User’s fault or due to the
circumstances arising in the course of use, the User shall perform all his/her obligations
in relation to the Vehicle or Asset, before returning the Vehicle or Asset to
the Company.
4.20.
If the Vehicle or
Asset breaks down, alert signals switch on the dashboard of the Vehicle,
suspicious extraneous noises can be heard or the Vehicle or Asset cannot be
further safely operated, the User shall immediately (i) stop using the Vehicle
or Asset, (ii) notify the Company by telephone, and (iii) comply with further
instructions of the Company.
4.21.
In the event of any
damages to the Vehicle during a traffic accident or due to other circumstances,
the User shall immediately notify the Company and the respective public authorities (police, fire
service, etc.), complete a traffic accident declaration and carry out other
necessary actions in order to prevent or reduce damages to the Vehicle, other
property and/or persons. In case of damage to the Asset, the User must
immediately notify the Company and carry out other necessary actions in order
to prevent or reduce damages to that Asset.
Completion of trip
and return
4.22.
After completing his/her trip, the User must return
the Vehicle or Asset to the Parking Area, if applicable.
4.23. The Parking
Area from which the Vehicle is collected and the Parking Area to which the
Vehicle is returned may be different. Motor Vehicles of some models indicated
on the Website and/or Mobile Application must be returned to the same Parking
Area from which the motor Vehicle was collected. The list of eligible Parking Areas shall be made
available on the Electronic System.
4.24. Before the motor Vehicle is returned, the User shall put the key of the
motor Vehicle to the same place from which
it was taken, check if no personal belongings are left in the motor Vehicle, remove
trash and (or) sand from the Vehicle (if needed), and check if all motor
Vehicle’s documents, fittings and accessories are in their place.
4.25.
Upon return to the Parking Area, the Vehicle or
Asset must be locked according to the instructions shown on the Mobile
Application. To lock the Vehicle or Asset, the User must select an appropriate
command on the Mobile Application and follow the instructions shown herein.
After completing all steps and making sure that the Vehicle or Asset is locked,
the User can leave the Vehicle or Asset.
4.26.
The User shall be responsible for violations of the Road Traffic Regulations and/or other
legal acts, regulations or restrictions related to parking, even if the Vehicle
is parked in the Parking Area.
4.27.
The User shall be
obliged to return the Vehicle or Asset in the condition which is not worse than
the condition in which the Vehicle or Asset was received, taking into account
normal wear and tear. For the purposes of
determination of the normal wear and tear of the motor Vehicle, the parties
shall follow the guide prepared by the by Latvian Authorised Automobile Dealers
Association (LAADA) and Latvian Leasing Association (LAA), published on the
website of the Latvian Authorised Automobile Dealers Association at http://www.autoasociacija.lv/files/konsolideta_instrukcija_nolietojumam.pdf
(the guide shall be deemed to be an integral part hereof) and the requirements
established in the public maintenance Terms and Conditions. The normal wear and
tear shall not include the following:
4.27.1.
broken, deformed or
otherwise mechanically or thermally damaged parts, devices and mechanisms;
4.27.2.
Vehicle’s body
dents, paint layer cracks and visible scratches (where the paint layer is
damaged to the primer layer);
4.27.3.
depreciation of the
paint layer as a result of intense washing and/or cleaning of the Vehicle;
4.27.4.
low quality repair
and/or defects as a result of repair;
4.27.5.
cracks of windows
of the Vehicle’s body;
4.27.6.
scratches of
windows of the Vehicle’s body arising as a result of improper use and/or
cleaning of the Vehicle;
4.27.7.
damages of the
interior such as burnt or stained seats, broken plastic parts of the front
panel or boot lid, window opening handles etc.
4.27.8.
damaged geometry of
the Vehicle’s body.
V.
TERMS
AND CONDITIONS FOR THE USE OF MOTOR VEHICLE
Use
5.1.
The User may start
using the motor Vehicle within the time limit which is indicated for each motor
Vehicle on the Mobile Application and starts from the moment of confirmation of
reservation; otherwise the reservation of the motor Vehicle shall be automatically
cancelled. If the User chooses extended reservation time at the moment of
reservation, and the initial reservation time ends before the start of use of
the motor Vehicle, reservation time shall be extended for the time limit chosen
by the User on the Mobile Application; the User shall pay additional fees
(indicated in the Pricelist and on the Mobile
Application) for the extended reservation time. If the User fails to start
using the motor Vehicle within the extended reservation time, the extended
reservation shall be automatically cancelled.
5.2.
In order to drive
the motor Vehicle, it should be started by using the ignition key kept inside
the Vehicle. If the motor Vehicle does not need an ignition key, the motor
Vehicle shall be started by pressing the button and keeping breaking pedal
pressed.
5.3.
The User shall
ensure that no one smokes in the motor Vehicle.
5.4.
In case the User
carries an animal in the motor Vehicle, that animal must be carried only in a specifically
adapted transportation box.
5.5.
Any actions or
attempts to read, copy, change or delete the data of the motor Vehicle System
shall be strictly prohibited.
5.6.
The maximum term of
use of the motor Vehicle shall be 30 days, unless otherwise agreed by the
parties. If the User fails to return the motor Vehicle longer than 30 days from
the start of use of the Vehicle, the Company shall be entitled to address
police for the theft of the motor Vehicle, and to block starting of the motor
Vehicle. In case it is expected that the maximum term of use will be exceeded,
the Company must be notified not later than two hours to the expiry of the
maximum term. The maximum term of use of the motor Vehicle may be extended by a
separate mutual agreement between the parties.
5.7.
After giving a 1 (one) day’s notice
to the User in writing (including by e-mail or SMS), the Company shall be
entitled to replace the hired Vehicle with another Vehicle of the corresponding
category and parameters at any time during the Period of Use, in order for to
perform periodic Vehicle maintenance and repair works, remove Vehicle failures or
carry out other necessary actions. The User, upon receipt of the Company’s
notice specified in this paragraph, shall allow the Company to replace the
Vehicle (including, but not limited to, return the keys of the Vehicle and
other items taken from the Vehicle, and pick all his/her personal items from
the hired Vehicle) on the day and time specified by the Company, and at the
place agreed by the parties, and accept another Vehicle in accordance with
these Terms and Conditions.
Return
5.8.
The motor Vehicle
shall be returned and parked in the place in which it could be publicly
accessed at any time, and in compliance with the applicable Road Traffic
Regulations and/or other legal acts, regulations or restrictions related to
parking. The Vehicles cannot be parked in:
5.8.1.
sites with the
barriers (except for special parking areas at the airports marked on the Mobile
Application);
5.8.2.
underground parking
lots.
5.9.
In case during the
Period of Use the User parks the motor Vehicle in a paid car park (outside SIA
“Rîgas satiksme” parking lots or other parking lots paid by the Company),
he/she shall pay for parking of the Vehicle.
5.10.
In order to return
the motor Vehicle, the User shall choose the command “lock the Vehicle” on the
Mobile Application. Before leaving the motor Vehicle, the User shall undertake
to ensure that it was locked, all windows and skylights were closed, and all
accessories of the motor Vehicle were left in the Vehicle.
Fuel Cards
5.11.
A Fuel Card shall
be available in each motor Vehicle. The cards shall be property of the Company.
In case of use of the Fuel Card, the price of the fuel shall not be charged and
shall be included in the Service fee paid by the User.
5.12.
Use of the Fuel Card
for other vehicles or for filling of fuel to any other container shall be
prohibited. If the User breaches this prohibition, the Company shall, in all
cases, report misappropriation of fuel to the police and the User shall be
obliged pay the fine indicated in the Pricelist and to indemnify
the Company against the losses (incurred as a result of such unlawful use of
the Fuel Card) not covered by the said fine.
5.13.
The User shall be
obliged to safekeep the Fuel Card and leave it in the motor Vehicle after using
it. In case of loss of the Fuel Card, the User shall immediately notify the
Company and compensate its losses.
5.14.
Only the Fuel Card
available in the motor Vehicle may be used for refilling of fuel to that motor
Vehicle.
5.15.
If the fuel reserve
of the motor Vehicle deceases up to 1/4 of the fuel tank, the User shall refill
the fuel tank of the motor Vehicle in the nearest service station of the
company which has issued the Fuel Card. The PIN code of the Fuel Card shall be
found on the Mobile Application.
VI.
TERMS
AND CONDITIONS FOR THE USE OF TWO-WHEEL VEHICLES
6.1. Subject to requirements of Articles 195., 197., and
260. of the Civil Law of the Republic of Latvia, a two-wheel Vehicle driven by
muscular force (bicycle) may also be hired/rented by a person below 18 years of
age.
6.2. A two-wheel Vehicle powered by an electric motor may
be rented and used only by an adult person (over 18 years).
6.3. Minors from 16 years to 18 years shall also be liable
for their contractual obligations arising out of these Terms and Conditions themselves.
6.4. Where a two-wheel Vehicle is a bicycle, it may
withstand up to 120 kg and the weight of the bag should be up to 5 kg.
6.5. Where a two-wheel Vehicle is a scooter, it may
withstand up to 100 kg.
VII.
TERMS
AND CONDITIONS FOR THE USE OF ASSETS
7.1. Subject to requirements of Articles 195., 197., and
260. of the Civil Law of the Republic of Latvia, the Asset may also be
hired/rented by a person below 18 years of age.
7.2. While using the Asset, the User must take appropriate
safeguards (for instance, wear a helmet and other protective gear, life vest,
etc.).
7.3. The User below 18 years of age may use the Asset only
with a supervision by an adult.
7.4. While using the Asset, the User may not exceed the
maximum Asset load weight indicated on the Asset itself, on the Mobile
Application or the Website.
7.5. The maximum term of use of the Asset
is 24 (twenty-four) hours.
VIII. LIABILITY
8.1. During the Period of Use, the User shall be fully
liable for the security of the Vehicle or Asset.
8.2. The User shall assume full liability for violations of
the legal acts and damage caused to third persons during the Period of Use, with
the exception of cases, where:
8.2.1.
such violations were committed,
or damage was caused at the fault of the Company and/or third persons;
8.2.2.
exist other legitimate grounds
limiting or eliminating liability of the User (such as force majeure,
actions of the state, etc.).
8.3.
The User shall not be held
liable for any failures of the Vehicle or Asset which arise in the course of
operation of the Vehicle or Asset, and are caused by the previous use,
operation or normal wear and tear, if the User immediately notifies the Company
by telephone and complies with the instructions given by the Company.
8.4. The User shall assume damage to his/her own clothes, items and other belongings
on the board of the Vehicle or used in the course of
use of the Services, unless such damage has occurred due to intention or gross
negligence of the Company.
8.5.
In case of loss of the Vehicle or Asset, the User
undertakes to pay to the Company the fine indicated
in the Pricelist and to compensate the Company for all losses not covered by that
fine. The User, after paying the fine to the Company, shall not acquire
ownership of the Vehicle or Asset. The Company will use its best endeavours to
recover the Vehicle or Asset.
8.6.
Fines indicated in these Terms and Conditions and/or the Pricelist shall
be considered as the Company’s minimum indisputable losses, including potential
damage to the Company’s goodwill, trademark, trade name, corporate and social
integrity and reputation, as well as to the Company’s brand image caused by
unlawful and irresponsible actions of the User. Any fines issued to the User
under these Terms and Conditions are intended to cover and compensate the
losses incurred by the Company and cannot be construed as punitive penalties,
even if defined or referred to as the “Fines”. Payment of the fines or default interest shall not
release the User from the duty to compensate all other losses of the Company
not covered by that fine. In any case, imposition of the fines provided for
herein shall not release the User from the duty to fulfil the established
obligations.
Fines
8.7. The User shall pay to the Company a fine if, due to
the fault of the User, the Vehicle or its accessories (e.g., engine ignition
key) or the Asset is damaged, destroyed or lost, or the Company incurs other
damages, or the User breaches his/her obligations under these Terms and
Conditions, as specified in the Pricelist.
8.8. The User shall be obliged to pay these fines to the Company:
8.8.1.
fine for damaging the
tire when it cannot be repaired;
8.8.2.
fine for smoking in the
Vehicle;
8.8.3.
fine for unlawful use
of the Fuel Card (see Section 5.12 above);
8.8.4.
fine for dangerous or
careless driving;
8.8.5.
fine for driving under the influence of alcohol, drugs and/or other psychoactive substances;
8.8.6.
fine for the appropriation
of a bicycle;
8.8.7.
fine for allowing another
person to use his/her CityBee Account or rented Vehicle;
8.8.8.
fines for other
violations and breaches, as indicated in the Pricelist.
8.9.
The amounts of the fines shall
be published in the Pricelist, available
on the Website and Mobile Application.
8.10. The User shall
be entitled to pay the reduced fine, if:
8.10.1.
he/she has subscribed to the
Premium plan and the plan was valid when the basis for the fine occurred.
The amounts of
applicable reductions are specified
in the Pricelist, available on the Website and
Mobile Application.
Losses
8.11. In case of an accident caused by the User, that User
shall be obliged to pay to the Company a fixed sum, indicated in the Pricelist. This sum might be automatically debited from the
User’s Payment Account. The User’s Payment Account will be
debited immediately after the accident was detected, duly recorded and the User
was notified of it (via the Mobile Application or otherwise) in advance. In
case the actual losses of the Company are lower than the debited amount, the
Company shall transfer the difference to User‘s Payment Account, within 14
calendar from the moment the amount of actual losses has been determined and
the User has been notified of it.
8.12. To the
extent not covered by the fines and other charges payable by the User to the
Company (including specified in Section 8.11 above), the User
shall compensate all damages suffered by the Company through the fault (intent
or gross negligence) of the User in the following cases:
8.12.1.
as a result of
failure to comply with the terms and conditions for the use of Vehicle or Asset;
8.12.2.
as a result of
false data or information, provided by the User upon registration;
8.12.3.
as a result of use
of the Vehicle or Asset for the purposes for which it is not designed and
intended;
8.12.4.
as a result
of operation of the Vehicle or Asset by an unauthorised person;
8.12.5.
where the User is
not entitled to drive a Vehicle of such category or is not entitled to drive
Vehicles;
8.12.6.
as a result of
operation of the Vehicle or Asset under the influence of alcohol, drugs and/or
other psychoactive substances;
8.12.7.
as a result of failure to comply with the requests of the road police or
other competent authorities;
8.12.8.
where the User uses the Vehicle or Asset for carrying out criminal
activities;
8.12.9.
as a result of loading of the goods to the Vehicle or unloading from the
Vehicle;
8.12.10.
as a result of loss of the Vehicle;
8.12.11.
as a result of staining, scratching, tearing of the interior (equipment) or
exterior of the Vehicle caused by the User, passengers or pets, other destruction
or damage to the Asset, its components;
8.12.12.
where the User
fails to report the traffic accident to the police, fire service and/or other
competent authorities;
8.12.13.
where the competent
authorities issue fines, taxes, duties, penalties or other charges or sanctions
to the Company;
8.12.14.
as a result of violation of other applicable legal acts.
Additional fees
8.13.
If, in the course of use of
the Vehicle, it (its interior or exterior) becomes dirtier than normally after
such use, the User shall be obliged to pay the fees indicated in the Pricelist, and if such fees are not indicated, the Vehicle
washing and cleaning costs.
8.14.
In case the User violates the applicable Road Traffic Regulations while
using the Vehicle, the Company is entitled to charge him/her the administration
fee (indicated in the Pricelist). The administration fee compensates Company’s
expenses related to the violation and its management (including communication
with the public authorities); the fine imposed under the Road Traffic
Regulations shall be borne by the User.
8.15.
The User may need
to pay charges for driving heavy Vehicles on some national roads (for more
information, see https://www.lvvignette.eu/).
8.16.
The User may also be
obliged to pay these additional fees:
8.16.1.
fee for the
reissue/correction of the VAT invoice (see Section 9.13 below);
8.16.2.
CityBee Account
renewal fee.
8.17.
Other
additional fees may be indicated in the Pricelist.
Rules of payment, insurance
8.18.
The Company
shall automatically debit the amount of fine and/or additional fees specified
in the Pricelist
from the linked Payment Account. The User’s Payment Account will be debited
immediately after the infringement was detected, duly recorded and the User was
notified (via the Mobile Application or otherwise) in advance.
8.19.
In case of
Company’s losses provided for in Section 8.12 above, the amount of those losses shall be debited from the User’s Payment Account
or shall be paid by the User after 7 (seven) days from the moment when the
damage was detected, calculated and the User was notified of losses. The User
may raise his/her objections to the fact and/or amount of losses during the
aforementioned 7-day term.
8.20.
In cases set out
in the insurance rules of the insurance company which has insured the Vehicle,
when the insurance company compensates the damage, it acquires the right of
recourse in collection of the total paid out insurance benefit from the User if
the damage against which the Vehicle is insured was caused through his/her
fault.
8.21.
In cases of liability on the part of the User (or circumstances giving
raise to liability on the part of the User), the Company shall
also be entitled to immediately
and for an indefinite period suspend the provision of Services to
the User, block
access to the Account, block starting of the Vehicle, block unlocking of the Vehicle
or Asset and take back the Vehicle or Asset without further notice.
8.22. The User
shall comply with the requirements of the insurance terms, established by the
insurance company which has insured the Vehicle or Assets, as applicable. The
insurance terms shall be published on the Website.
Liability of
the Company
8.23. The Company shall be held liable for performance of the obligations
provided for herein and shall indemnify the User against direct losses caused
by improper performance of its obligations.
8.24. To the extent such liability limitation is allowed by the
applicable law, the Company shall not be held liable for:
8.24.1. the damage suffered by the User as a result of delay
related to use of the Services;
8.24.2. the damage caused by the User to third persons while
using the Services;
8.24.3.
harm to the
User’s health or life, suffered while using the Services;
8.24.4. any indirect losses;
8.24.5. losses, exceeding the price of the Services that were not provided or were
provided improperly.
8.25.
If the Company fails to ensure
proper provision of the Services to the User hereunder (i.e. the Vehicle is not
found in the specified Parking Area or the Vehicle is not in good order or cannot be operated), after the User notifies the
Company by telephone, the Company shall undertake, at the User’s discretion: (i)
to indemnify the User against the taxi costs, agreed over telephone and not
exceeding the amount indicated in the Pricelist (the
costs shall be compensated by applying a discount for the next use of Services,
or the costs shall be reimbursed by transferring it directly to the User’s Payment Account), or (ii) to deliver another Vehicle to
the User not later than within 1 (one) hour.
8.26.
The Company shall not be held liable for the User’s losses incurred by
him/her as a result of inability to use the Vehicle or Asset in the event of an
accident or for other reasons beyond control of the Company.
8.27.
The amount compensated to the User by the Company (agreed upon by the parties
or established by the competent authority) shall, at the request of the User,
be included in the future invoice and/or future payments or transferred
directly to the User’s Payment
Account.
IX.
PAYMENT TERMS AND CONDITIONS
9.1.
For the use of
Services, the User shall pay to the Company fees, specified in the Pricelist and valid at the moment of the use of Services.
9.2.
For the
purposes of counting the Service fee, the Period of Use shall start to run from
the moment of unlocking the Vehicle or Asset and/or collection thereof from the
Parking Area, or in case of extended reservation – from the moment of
confirming the extended reservation time, and runs until the moment of actual
return of the Vehicle or Asset to the Parking Area and locking thereof. The Service
fee shall be calculated according to the Pricelist valid at the time of use of
the Service. It may take up to 1 minute to unlock or lock (each action
separately) the Vehicle or Asset, and this time shall be included in the Period
of Use.
9.3.
The Service fee for each kilometre covered by the motor Vehicle shall be
calculated by multiplying the number of kilometres covered by the Vehicle by
the price of one kilometre indicated in the Pricelist. The distance covered by the
motor Vehicle shall be rounded up to the nearest (higher) kilometre.
9.4.
The Service fee for the use of the Asset is calculated by multiplying the
hire price of the Asset by the amount of time at which the Asset was managed.
9.5.
The User
may be entitled to subscribe to the Premium plan at any time for an additional
fee. The additional fees and subscription terms are indicated on the Website
and Mobile Application, as well as may be found in the Pricelist.
9.6.
The Company shall, at its
exclusive discretion, be entitled to provide a credit limit for the Services. The
Company shall have the exclusive right to change the afore-mentioned credit
limit, cancel, decrease or increase it at any time.
9.7.
The User shall be obliged to
connect his/her CityBee Account with a payment
card. The User shall be entitled to voluntarily connect more
than one payment card and choose the card to be used for settlement for the
services before starting every trip. The payment card connected to the CityBee Account must enable automatic
debiting from the User’s Payment Account. The amount of the fees shall be automatically debited from the
afore-mentioned card. In case of failure to debit the money and/or insufficient
funds on the card, the Service fee will be attempted to be debited automatically
each 1 (one) hour until the outstanding amounts are fully debited.
9.8.
The Company shall
automatically debit the Service fee from the User’s Payment
Account no more frequently than once every 1 (one) hour.
9.9.
In case the Company has to
reimburse User's losses and/or in case the Company debits User’s Payment
Account by accident or by mistake, the Company shall immediately transfer the
respective amount to the User‘s Payment Account.
9.10. The User shall be entitled to indicate the details for receipt of VAT
invoices on his/her CityBee Account.
9.11. In case of a failure to debit the funds and/or insufficient amount of funds
in the User’s Payment Account, a new trip (or reservation) by that User, or usage of the Asset shall not
be possible till the outstanding amount is paid and full settlement for all
accrued payments is made according to the Terms and Conditions and the
Pricelist.
9.12. If the User’s Payment Account was not automatically debited for the Services, and the User fails to pay for
the provided Services till the last day of the previous month, the Company shall
issue a VAT invoice for the Services provided during the previous month (on the
basis of data from the Electronic System and the Vehicle System) and send it to
the User by e-mail till the 5th (fifth) working day of the current month.
The User shall also be entitled to review the issued invoices on his/her CityBee
Account. According to these Terms and Conditions, the User shall be obliged to
settle accounts for the previous month till the 5th (fifth) working day
of the current month. Having received the invoices, the User shall be obliged
to check if those invoices are correct and notify the Company of any noticed
nonconformities within 2 (two) working days. The User shall be obliged to bring
any claims related to information indicated in the invoices within 2 (two)
working days from the receipt of the invoice. If the User fails to bring claims
within the afore-mentioned time limit, the User shall be deemed to have
accepted the issued invoice.
9.13. If the User wishes to reissue/correct the VAT invoice issued to him/her not
through the fault of the Company (e.g., where the User provides incorrect information
or the invoice issued to the natural person should be reissued in the name of
the legal person), an additional fee indicated in the Pricelist for reissue/correction of the VAT invoice shall be charged.
9.14. If the User does not receive a VAT invoice by e-mail
till the expiry of the indicated due date, the User shall undertake to apply to
the Company for receipt of the invoice. The User shall always download and check
all issued invoices by logging in to his/her CityBee Account.
9.15. In case the User fails to make payments in a timely
manner, the Company shall be entitled to authorise a debt collection company to
carry out the collection actions or assign its right of claim to the debt
collection company for collection of the User’s debt. The User’s
personal information available to the Company may be transmitted to public
authorities and/or bailiffs for the purposes of payment and collection of taxes
or fines.
9.16. The User shall pay to the Company the default interest
at the rate of 0.05 per cent upon the overdue amount for each delayed day.
9.17.
If in the
course of use of the Services the User reaches the limit specified in the Pricelist
and the accrued Service fee was not automatically
debited from User’s Payment Account, the Company shall be entitled to request the User to pay
for the Services upfront additional amount. If the User fails to pay the afore-mentioned amount within the agreed time
limit, he/she shall be obliged to return the Vehicle or Asset to the Parking
Area not later than within 1 (one) hour from the Company’s request. If the User
fails to settle accounts or return the Vehicle or Asset, the Company shall be
entitled to suspend the provision of Services to the User, block starting,
unlocking or use of the Vehicle or Asset, till the User reimburses the accrued
Service fee, and report unlawful misappropriation of the Vehicle
to the police.
9.18.
Before the User
starts using the Vehicle or Asset, the Company shall be entitled to check if
the funds in the User’s Payment Account are sufficient and reserve an amount of
funds equal to EUR 5 (five Euro). At the end of the trip, the actual amount
calculated according to the Pricelist shall be debited from the reserved amount;
if the reserved amount is higher, the difference shall be returned to the
Payment Account.
9.19. The Company shall be entitled to suspend the provision of Services to the
User, cancel his/her trips (or reservations) and block access to the Electronic
System if the User fails to comply with the rules established herein. Furthermore,
if the User fails to comply with these Terms and Conditions, the Company shall
be entitled to request the User to eliminate a violation within an additional
time limit, which in any case shall be not more than 1 (one) hour, unless the
Company specifies a longer time limit in a separate notice. In case the User
fails to eliminate the violation of the Terms and Conditions within the time limit
specified in this paragraph, it shall be considered that after expiration of this
term, the Vehicle or Asset hire (reservation) term shall also expire.
9.20. Notice of
violation of the Terms and Conditions to the User, the non-elimination of that
violation within the set time limit shall be the legal facts based on which the
Vehicle hire (reservation) shall expire and no separate notice shall be
provided. Upon expiry of Vehicle or
Asset hire (reservation), the User shall immediately return the Vehicle or
Asset to the nearest Parking Area. In case the User does not agree to fulfil or
fails to fulfil the Company’s request within the time limit set by the Company,
the Company shall be entitled to suspend the provision of Services to the User, block starting, unlocking or use of
Vehicle or Asset; the Company’s employee shall
also be entitled to collect the Vehicle or Asset without participation of the
User.
X.
FINAL PROVISIONS
10.1.
These Terms and
Conditions shall come into force in respect of the User from the moment of User’s
confirmation during his/her registration.
10.2.
The Company shall
be entitled to unilaterally amend these Terms and Conditions by giving a
respective notice to the User by e-mail. The amendments shall be also provided to
the User on the Mobile Application and the Website. The amendments shall enter
into force 5 (five) days after notification to the Users. If the User continues
using the Services or orders new Services on the basis of these Terms and
Conditions, he/she shall be deemed to have accepted the amendments to the Terms
and Conditions (including changes to the Service fee). If the User does not
accept the afore-mentioned amendments, he/she shall be obliged to properly
finish reservation or trip and return the Vehicle or Asset to the Parking Area.
10.3.
The Company has
the right to change the Service fees unilaterally at any time. Therefore, it is
recommended for the User to get acquainted with the Service fees every time
before using the Services.
10.4.
The Company shall
be entitled to unilaterally assign all rights and duties arising out of these Terms
and Conditions to any third party related to the Company by giving a written
notice to the User.
10.5.
If the User is not
able to properly use the Services, he/she shall be obliged to notify the
Company by telephone, e-mail or other electronic means. Attempts shall be made
to settle a dispute by mutual agreement of the parties or under the procedure
established in the legal acts on the basis of all information provided by the
User and available to the Company.
10.6.
Any claims regarding
Services shall be brought not later than within 3 (three) months from the date
of provision of the Services (i.e., from the moment of reservation). The
Company shall seek to respond to the User’s claim as soon as possible but not
later than within 14 (fourteen) calendar days from the receipt of the claim. In
case the Company has not satisfied the User’s claim or has satisfied it partly,
the User shall be entitled to approach the local consumer protection
authorities (for more information, please follow the link www.ptac.gov.lv). This provision shall not
anyhow limit or restrict the User’s right to file a claim in relation to the
Services at any time with the local consumer protection authority or the court.
10.7.
All disputes and
disagreements between the parties which are not settled in the afore-mentioned
way shall be settled in the competent court of the Republic of Latvia.
10.8.
These Terms and
Conditions shall be constructed in accordance with and governed by the laws of
the Republic of Latvia.
Last updated on: 2021-01-14