CITYBEE
TERMS OF SERVICES
I. GENERAL PROVISIONS
1.1. These Terms of Services (the Terms)
of SIA "CityBee Latvija", legal entity code: 50203191721, address of the
registered office: Piestātnes iela 11A, Jūrmala, LV-2015, Republic of Latvia (the
Company) set forth: (i) the procedure of registration of the
User, (ii) the reservation and use of the Vehicles, (iii) conditions and
requirements applicable to operation of the Vehicles and assets, (iv) terms
of liability of the Users, (v) terms of payment, and (vi) any other relationship
in connection with order and use of the Services.
1.2. From the moment the Account is created, as indicated
in Chapter III of the Terms, the User and the Company enter into contractual legal
relationship, governed by provisions of these Terms (including their annexes),
information presented on the Company’s website, in the App, in the Account,
the Pricelist, Service Rates and other specific conditions of reservation of a
Vehicle (the Agreement).
1.3. Before reserving a Vehicle, the User must read the
Service Rates, the Pricelist and other terms and conditions of the reservation.
When the reservation is confirmed, it shall be regarded that the User is familiar
with the Service Rates, the Pricelist and other terms and conditions of the
reservation, and has accepted them.
1.4. When the User reserves a specific Vehicle, the
reservation and use of the Vehicle shall be subject to the Terms and other sources
specified in paragraph 1.2 of the Terms.
1.5. In case of controversies or discrepancies among
sources specified in paragraph 1.2 of the Terms, the interpretation and
application of the Agreement shall follow this order of precedence:
1.5.1. the Pricelist, the Service Rates and other
conditions of reservation of a specific Vehicle;
1.5.2. information presented in the Account, in the App;
1.5.3. information presented on the Website;
1.5.4. these Terms.
II. DEFINITIONS
2.1. Pricelist shall mean fines, other fees and levies made
public on the Website and in the App.
2.2. Road Traffic Regulations shall mean traffic rules and
related provisions of legal acts valid in a relevant country.
2.3. Voucher shall mean gifts, discount vouchers or other
incentives indicated in Chapter VIII of the Terms.
2.4. Fuel Card shall mean a fuel card, which is in every
Vehicle, intended for paying for fuel in a gas station indicated by the Company.
2.5. App shall mean software intended for and customised for
smartphones and/or other mobile devices, which is used to perform Vehicle
reservation, unlocking, locking and/or other actions provided for in the software.
2.6. Payment Card shall mean a valid payment card(s) issued to
the User or another person, linked to the Account, that the User has the right to
lawfully use for linking to the Account and making payments for Services.
2.7. Payment Account shall mean a payment account of the User
or another person, which is linked to the Payment Card.
2.8. User shall mean a customer (natural person) of the
Company, who accepts these Terms, creates an Account and uses the Services in
accordance with the Agreement.
2.9. Usage Period shall mean the period from the moment of
taking (unlocking) the Vehicle until the moment of return (locking) of the
Vehicle.
2.10. Website shall mean the website accessible at
www.citybee.lv.
2.11. Main Payment Card shall mean a Payment Card that the
User selects in the App as the main one for making payments for the Services.
2.12. Services shall mean shared mobility services and other
related services, which the Company provides to the User, including a possibility
to choose and reserve a Vehicle in the App and use the Vehicle under the
procedure, terms and conditions laid down in the Terms.
2.13. Service Rates shall mean information published on the
Website and in the App about prices of the Services applicable to a specific
Vehicle. This information is an integral part of these Terms.
2.14. Account shall mean the User’s personal digital
account in the App.
2.15. Log-in Data shall mean data indicated in paragraphs
3.2.3–3.2.5 of the Terms.
2.16. Privacy Policy shall mean the Company’s privacy
policy, which presents information about the processing of personal data of the
User, including about the rights of the User, as a data subject (accessible at:
https://citybee.lt/).
2.17. Parking Zone shall mean a zone or territory marked in
the App, where the User can reserve a Vehicle and/or to which he must return the
Vehicle.
2.18. Agreement shall mean the agreement on provision of the
Services to the User. The agreement on provision of the Services between the User
and the Company is deemed entered into from the moment when the User creates the
Account. The Agreement is governed by provisions as defined in paragraph 1.2 of
these Terms.
2.19. Vehicle shall mean a motor vehicle that the Company
gives possession of to the User for temporary use in exchange for a fee in
accordance with these Terms, including all other assets assigned to the Vehicle
and/or being its accessory, e.g. fuel and fuel card.
2.20. Other terms used in these Terms shall have meanings
indicated in sources specified in paragraph 1.2 of the Terms.
2.21. The terms used in the singular and in the plural
herein shall have the same meaning, as the context requires.
III. CREATION OF THE ACCOUNT. RIGHT TO USE THE SERVICES
3.1. 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.
3.2. When creating an Account (in the course of
registration), the User must:
3.2.1. 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’s website, in the App;
3.2.2. state their acceptance of the Terms and other
documents and information, as applicable;
3.2.3. 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.);
3.2.4. present other data, information and/or documents
that the Company may reasonably request at the time of registration;
3.2.5. create a PIN code, which will be used to open the
App.
3.3. In order to reserve and use a Vehicle, the User must
link their Account to a Payment Card.
3.3.1. 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.
3.3.2. 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.
3.3.3. 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;
3.3.4. 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.
3.4. 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:
3.4.1. 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;
3.4.2. to make a real-time photo of his face (selfie), as
indicated in the App, and upload it;
3.4.3. to make a real-time photo of his face (selfie)
along with the driving license, as indicated in the App, and upload it ;
3.4.4. to perform other actions indicated in the App.
3.5. 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’s document confirming
his right to drive Vehicles shall be performed periodically.
3.6. 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
3.2.1–3.2.3 hereof. After performance of these actions:
3.6.1. 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);
3.6.2. 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.
3.7. 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 3.3–3.5 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.
3.8. 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.
3.9. 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 –3.4 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.
3.10. 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.
3.11. 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:
3.11.1. are of the age, making them eligible to use the
Services, as indicated in the Terms;
3.11.2. have a valid right to drive a Vehicle and will
have such a right all the time when they use a Vehicle;
3.11.3. have sufficient knowledge on how to use and
control a Vehicle;
3.11.4. have skills necessary for use of a Vehicle;
3.11.5. 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;
3.11.6. are not under the influence of alcohol and/or
narcotic or psychotropic substances and will remain such all the time they use a
Vehicle;
3.11.7. 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;
3.11.8. confirm that they have the right to use the
Payment Card to pay for the Services;
3.11.9. 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;
3.11.10. 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;
3.11.11. 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.
3.12. Having created the Account, the User acquires the
right to automatically create accounts with UAB Prime Leasing and CityBee Eesti
OÜ 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 OÜ, accepts the relevant terms of services of UAB Prime Leasing and
CityBee Eesti OÜ and reads their privacy notices, all data provided in the
course of creation of the User’s Account shall be automatically transferred
to and adopted in the accounts administered by UAB Prime Leasing and CityBee Eesti
OÜ, respectively.
3.13. 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’
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.
3.14. 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.
3.15. The User shall not have the right:
3.15.1. to transfer, sell or lease his Account, or
otherwise give the right to use his Account to any other persons;
3.15.2. 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;
3.15.3. to create fake, illegal, fraudulent Accounts;
3.15.4. 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;
3.15.5. to create Accounts in the name of other persons.
3.16. The User must immediately, after they learn of such
a fact, alert the Company if:
3.16.1. their Log-in Data are lost or become otherwise
accessible to another person;
3.16.2. the User loses control of the Account or access
to the Account data;
3.16.3. 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;
3.16.4. the Log-in Data, the data used for creation of
the Account have been used without the User's knowledge;
3.16.5. there has been a change in the User’s data,
the driving license has expired or the User was issued a new driving license, his
driving license was replaced, etc.;
3.16.6. circumstances indicated in paragraph 3.15 of the
Terms occur;
3.16.7. other circumstances occur, posing danger to the
integrity, confidentiality, accuracy of the Account and/or data therein.
3.17. Having received the User’s 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.
3.18. Having received the User’s notification
indicated in paragraph 3.16 of the Terms, the Company shall seek to prevent
further illegal use of the User’s 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’s Account Log-in Data.
All the actions performed in the User’s 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’ 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.
3.19. 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.
IV. TERMS OF USE OF THE APP
4.1. 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’s
device, use the information accessible via the App, intended for use only by the
User.
4.2. When using the App, the User shall not have the
right:
4.2.1. to license, sub-license, copy, modify, distribute,
create, sell, resell, transfer or lease the App or any part of it;
4.2.2. to apply reverse engineering or attempt to extract
source codes of the App, save for cases permitted by law;
4.2.3. 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.
4.3. 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) are installed.
4.4. When using the App, the User:
4.4.1. 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;
4.4.2. 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);
4.4.3. 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’s App;
4.4.4. 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.
4.5. 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.
4.6. 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.
4.7. The App is provided “as is”, “as
available”. 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:
4.7.1. the App will operate without interruptions or
errors;
4.7.2. 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.).
4.8. The Company shall have the right:
4.8.1. to change, suspend or terminate operation of
certain functions in the App, or change the layout of the elements in the App;
4.8.2. 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.
4.9. To the extent permitted by applicable legal acts,
the Company is released from any liability in cases when damage(s) appear:
4.9.1. 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;
4.9.2. 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;
4.9.3. by reason of operations, actions performed by the
User, disregarding the instructions for installation, updating or use of the App
given by the Company;
4.9.4. 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;
4.9.5. 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.).
V. TERMS OF USE OF THE VEHICLES
General rules
5.1. 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.
5.2. 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.
5.3. When using the Services, the User, inter alia:
5.3.1. 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;
5.3.2. must follow the Company’s instructions,
guidance and recommendations set in these Terms and presented in the App, in the
Account, on the Company’s website;
5.3.3. 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;
5.3.4. must behave as a sufficiently careful, prudent,
responsible and informed person;
5.3.5. must be totally sober (0.00 per mille) and not
under the influence of substances affecting mental state;
5.3.6. 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;
5.3.7. 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;
5.3.8. 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);
5.3.9. shall have no right to disassemble, repair, modify
the Vehicle and/or its components;
5.3.10. must comply with other requirements, applicable
to Vehicles of those categories that they have the right to drive, as indicated in
the driving license;
5.3.11. 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;
5.3.12. 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;
5.3.13. must follow the Road Traffic Regulations;
5.3.14. 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);
5.3.15. 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.);
5.3.16. 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;
5.3.17. must comply with other requirements of legal
acts.
5.4. 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.
Reservation. Collection, use of the Vehicle
5.5. 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.
5.6. 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.
5.7. If the User avoids returning the Vehicle in time
and/or paying for the Services, if the User’s Account is blocked, also in
other cases provided for in the Terms, the Company shall have the right to block
ignition of the Vehicle.
5.8. 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.
5.9. 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’s 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.
End of the trip. Return of the Vehicle
5.10. 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.
5.11. 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:
5.11.1. parking lots with a barrier (except for special
parking lots in airports and other places marked in the App);
5.11.2. underground parking lots;
5.11.3. places where parking is prohibited according to
the Road Traffic Regulations and other legal acts;
5.11.4. 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);
5.11.5. an electric car cannot be left in places intended
for charging electric cars and other vehicles with electric engines, without
starting the charging process;
5.11.6. 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.).
5.12. 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.).
5.13. 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.
5.14. 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 ”Auto Asociācija”, 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:
5.14.1. broken, deformed or otherwise mechanically or
thermally damaged parts, equipment and mechanisms;
5.14.2. Vehicle body bends, cracks in the paint layer and
visible scratches (when the paint layer is damaged to the priming layer);
5.14.3. wear of the paint layer due to heavy
washing/cleaning of the Vehicle;
5.14.4. 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);
5.14.5. cracks in the body windows;
5.14.6. any scratches on the body windows resulting from
improper use and/or cleaning of the Vehicle;
5.14.7. 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.;
5.14.8. damage to the body geometry.
Fuel Cards
5.15. 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.
5.16. 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.
5.17. 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.
5.18. 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.
5.19. In the cases indicated on the Website and in the
App, the Company offers an additional service to Users – 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.
Events during the Usage Period
5.20. 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) perform other instructions of the Company.
5.21. 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.
End of the trip and return of the Vehicle
5.22. 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.
5.23. 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’s 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.
VI. TERMS OF USE OF THE ASSETS
6.1. 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.
6.2. 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.
6.3. Using the assets in the Vehicle, including its
accessories, the User must follow the instructions for use of such assets and
other requirements.
6.4. 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.
VII. LIABILITY
General provisions on indemnification
7.1. 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.
7.2. 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.
7.3. For the purposes of these Terms, the damage(s)
suffered by the Company consist(s) (including, without limitation):
7.3.1. 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;
7.3.2. damage to the Vehicle (including impairment of its
value) and assets therein, including accessories;
7.3.3. 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);
7.3.4. costs in connection with damage assessment,
determination, loss adjustment and administration;
7.3.5. costs in connection with sale, disposal of the
Vehicle;
7.3.6. debt enforcement costs;
7.3.7. indirect damages (e.g., lost income, Vehicle idle
time);
7.3.8. costs for damage prevention or its
reduction.
7.4. Without prejudice to the application of any
provisions of these Terms, the User shall be fully responsible for damage to the
Vehicle:
7.4.1. if the Vehicle or some part of it is stolen or
damaged because the driver left windows, sunroof open, hardtop retracted, doors
unlocked, etc.;
7.4.2. 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.
7.5. The User shall not be responsible for damage to the
Vehicle, the Company or other persons, when:
7.5.1. 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);
7.5.2. 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;
7.5.3. there are other lawful grounds, limiting or
cancelling the User's liability (for example, force majeure, acts of
the state, etc.).
7.6. 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:
7.6.1. 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;
7.6.2. 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;
7.6.3. the means indicated in the Chapters IX–X 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;
7.6.4. all other consequences of such actions and
omissions shall apply to the User, deeming that such actions (omissions) were
committed by the User himself.
Fines
7.7. 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.
7.8. 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.
7.9. 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.
7.10. 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):
7.10.1. for damage to or loss of the Vehicle, accessories
or equipment;
7.10.2. for smoking in the Vehicle;
7.10.3. for improper use of the Fuel Card;
7.10.4. for dangerous, reckless or careless driving;
7.10.5. 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.);
7.10.6. 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;
7.10.7. for misappropriation, loss of the Vehicle, assets
therein, misappropriation of fuel;
7.10.8. for allowing other persons to use the
User’s Account or the Vehicle;
7.10.9. for violation of other provisions of these Terms
or legal acts.
7.11. 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.
Special provisions on fines
7.12. 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.
7.13. 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.
7.14. 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.
7.15. 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’s 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’s 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.
Damages caused by a traffic accident
7.16. 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
the amount of damages, caused by such a traffic accident, not in excess of
EUR 500 (five hundred) 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 500 (five hundred). If damage caused by the User to
the Company in case of such a traffic accident is below the indicated amount of
EUR 500 (five hundred), the User shall compensate the Company for the actual
amount of damages.
7.17. 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
for all damages, the amount of which is not limited to the amount
indicated in paragraph 7.16 of
the Terms:
7.17.1. when damage appeared when the Vehicle was
participating in any sports competitions, sports racing or sports training;
7.17.2. when the Vehicle was controlled by a person
without such a right, including a person other than the User;
7.17.3. 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.));
7.17.4. 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);
7.17.5. 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);
7.17.6. 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);
7.17.7. 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;
7.17.8. when the User abandons the place of the accident;
7.17.9. when the User does not perform instructions of
the traffic police or other competent authorities;
7.17.10. when the User uses the Vehicle for a criminal
offence;
7.17.11. when the User does not report the traffic
accident to the Company, the police, the fire service and/or other competent
authorities or services;
7.17.12. when the User violates the obligations provided
for in paragraph 7.19 of the Terms.
7.18. 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 500 (five hundred).
Damage(s) caused to third parties during a traffic accident. Insurance
7.19. 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:
7.19.1. 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;
7.19.2. immediately report the traffic accident to the
police in cases defined in the Road Traffic Regulations;
7.19.3. 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;
7.19.4. provide other participants of the traffic
accident with the information necessary to identify the insurance undertaking
which covers the User against civil liability;
7.19.5. immediately notify the Company about the
accident.
7.20. 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:
7.20.1. the User violated the obligations provided for in
paragraph 7.19 of the Terms;
7.20.2. there are circumstances indicated in paragraph
7.17 of the Terms;
7.20.3. 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;
7.20.4. 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’ Bureau of Latvia,
etc., refuses to pay an insurance compensation for other reasons, for which the
Company is not responsible;
7.20.5. 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’s fault.
Damage assessment. Loss adjustment
7.21. 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.
7.22. 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.
7.23. 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.
7.24. 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.
7.25. 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). 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.
7.26. 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.
Additional fees
7.27. 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.
7.28. All the fines imposed by the State for violations
of the Road Traffic Regulations or Road Traffic law shall be borne by the User.
7.29. 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.keliumokestis.lt/).
7.30. 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.
7.31. The User must also pay any other additional fees
indicated in the Pricelist.
Terms of payment of fines, additional fees, other amounts
7.32. 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).
7.33. 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).
Liability of the Company
7.34. 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.
7.35. 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:
7.35.1. 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;
7.35.2. damage the User inflicted to third parties or
their assets by making use of the Services;
7.35.3. damage to the User's assets, health or life,
suffered by the User when using the Services;
7.35.4. 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;
7.35.5. 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;
7.35.6. damages in excess of the price of the Services
failed to be provided or provided improperly.
7.36. 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’s
digital wallet.
7.37. 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’s 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’s digital wallet.
7.38. 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.
VIII. SERVICES PRICE. ADDITIONAL FEES. TERMS OF PAYMENT
8.1. For use of the Services, the User shall pay the
Company the price indicated in the Service Rates and valid at the time of ordering
(reservation) of the Services, also all additional fees indicated in the
Pricelist.
8.2. The Company shall have the right to unilaterally set
and change the Service Rates, the Pricelist, other reservation conditions, making
them public in the App and on the Website. These changes shall come into effect
after they are made public in the App and/or on the Website. The User shall check
the prices of the Services applicable to each reservation and with the applicable
Pricelist in the App each time before he confirms a reservation.
8.3. In the cases indicated in the App, additional fees
and tariffs, indicated in the Pricelist or the Service Rates, may be charged:
8.3.1. fee for verification of the identity of the User
(for adding a driving license, etc.);
8.3.2. registration fee that the User may spend for the
Services;
8.3.3. minimal price of the Services (i.e., the minimum
amount that is debited to the Payment Account irrespective of the duration of the
Services).
8.4. For the purposes of calculation of the fee for the
Services, the Usage Period shall start to run from unlocking of the Vehicle (in
case of the extended reservation – from the moment of confirmation of the
extended reservation time) and shall run until the end of the trip, when the
actions indicated in the App are performed (or until the reservation is
cancelled). The price of the Services shall be calculated in accordance with the
Service Rates and the Pricelist, which are valid at the time of ordering
(reservation) of the Services. Locking or unlocking of a Vehicle (each action
separately) may take up to 1 (one) minute, and this time is included in the Usage
Period.
8.5. Save for cases when a Services plan, which provides
for other terms and conditions, is applied, the price of the Services for each
kilometre covered by the Vehicle shall be calculated by multiplying the number of
kilometres travelled by the Vehicle by the rate per kilometre indicated in the
Service Rates. The distance covered by the Vehicle shall be rounded up upwards
with the accuracy of one kilometre.
8.6. The Company may at its own discretion set and apply
various plans of payment for the Services. Plan types, fee amounts, terms and
conditions, applied pricing, benefits and advantages offered and additional rules
applied (if any) shall be indicated on the Website and in the App.
8.7. The Company shall have the right, acting at its own
discretion, to assign to the User a limit of maximum debt for the Services
provided, for use of the Services. The Company shall have the exclusive right to
change, cancel, reduce or increase this limit.
8.8. Before the User starts using a Vehicle, the Company
shall have the right to check whether there is enough money in the User's
Payment Account and to reserve in the Payment Account an amount indicated in the
Pricelist. When the trip ends, the amount payable for the Services can be deducted
from the reserved amount; in such a case, if the reserved amount is bigger, the
difference is refunded to the Payment Account.
8.9. The User must pay for the Services provided no later
than at the end of the trip, however, in case of a long-term trip, the Company
shall have the right to periodically debit the assessed amounts of the price for
the Services to the User’s Payment Account before the trip ends. The User
consents that no later than at the end of the trip, the price of the Services be
automatically debited in the following sequence, holding that at first the whole
amount of the price of the Services shall be debited to:
(i) the gifts the User has, and if the amount of the
price of the Services is in excess of them, the remaining amounts shall be debited
to
(ii) the amounts in the User’s digital wallet, and
if the balance of the price is in excess of them, the remaining amounts shall be
debited to
(iii) the Payment Account; in case the User linked the
Account to more than one Payment Card, the amounts shall be debited to the Main
Payment Card, and where the Main Payment Card does not have sufficient funds
– they may be debited to other Payment Cards linked to the Account and so
on.
If the price of the Services and other fees fail to be debited and/or the funds
in the above-indicated sources are insufficient, the Company shall attempt to
debit the price of the Services (its balance) and other amounts automatically at
such times as it chooses until the amount is covered in full. In those cases where
the User links the Account to more than one Payment Card, settlement of accounts,
debiting and other payments provided for in the Terms shall be performed from the
Payment Account linked to the Main Payment Card.
8.10. In those cases when payments for the Services under
the procedure and within the time limits set in paragraph 8.9 of the Terms fails,
the User must effect final settlement of accounts for the Services provided by a
payment order to the Company’s bank account no later than within 5 (five)
days after the issuance of the invoice.
8.11. In case debiting fails and/or in case of
insufficient funds in the Payment Account, the User shall be able to take a new
trip (or reserve a Vehicle) only after the debt is paid in full.
8.12. The User shall have the right to indicate invoicing
data upon logging into the self-service section on the Website.
8.13. The Company shall issue an invoice for the Services
provided (based on the data in the App and in the Vehicle system) and shall send
it to the User by e-mail weekly within the following time limits:
8.13.1. an invoice for the past week shall be issued and
sent to the User during the following Monday or the next working day, if the
following Monday is a holiday;
8.14. The Company shall have the right to issue invoices
for the Services provided also more often or at different intervals than indicated
above. In accordance with the procedure set by legal acts, the Company shall issue
and present the User with invoices for all additional fees indicated in the
Pricelist.
8.15. Upon receipt of invoices, the User must check,
within 5 (five) business days, whether they are correct and, in case of noticing
any non-conformities, notify the Company about it. The User must, within 5 (five)
business days after the receipt of the invoice, make all claims in connection with
the information in the invoices. If the User does not make any claims within the
time limit indicated above, it shall be regarded that the User accepts the issued
invoice.
8.16. The User shall have the right to review the
invoices issued to him at any time on the Website, upon logging into the
self-service section. If all the Services provided to the User within the
indicated period are paid in full, the notification sent to the User shall
indicate that the outstanding balance to be paid by him is equal to EUR 0.00. In
any other case, the notification sent to the User shall indicate the outstanding
balance of the price of the Services.
8.17. If the User wants that the invoice be reissued or
corrected, the Company not being at fault (for example, when the User indicates
wrong details or the invoice issued to a natural person must actually be issued to
a legal entity), such issuance or correction of the invoice shall be subject to
payment of a special fee indicated in the Pricelist.
8.18. In case the User does not pay for the Services
provided in due time and fails to do that within an additional reasonable period
set by the Company, the Company shall have the right to authorise a debt
enforcement company to perform debt enforcement actions or to assign its right of
claim to the User to a debt enforcement company or other economic entities. The
Company may transfer the User’s personal data it has for debt enforcement,
administration, damage assessment and management and similar purposes to public
authorities and/or bailiffs, other persons and institutions having the right to
receive and process such data.
8.19. The User shall pay the Company default interest at
the rate of 0.05 % on the amount overdue for each day of delay.
8.20. If the User does not pay for the Services and does
not return the Vehicle, the Company shall have the right to suspend provision of
the Services to the User under the procedure set in Chapter IX of these Terms,
block use of the Vehicle, its unlocking and/or starting of its engine until the
User pays for the Services provided, also to report illegal misappropriation of
the Vehicle to the police.
8.21. All the amounts payable under these Terms by the
User to the Company shall be paid, debited and offset in the following sequence:
8.21.1. default interest;
8.21.2. debt for the Services provided;
8.21.3. fines;
8.21.4. damage compensation (indemnification);
8.21.5. other fees and payments due to the Company.
Gifts, discounts, vouchers, digital wallet
8.22. The User may acquire or receive from another person
a gift or discount voucher, or the Company may, for the User’s socially
responsible behaviour and behaviour useful for the community, or as a compensation
for inconvenience suffered by the User or costs incurred while using the Services,
or in other cases (e.g., when the User fills the fuel tank, etc.), give the User,
acting at its own discretion, a gift voucher, discount voucher or another
incentive (hereinafter referred to as the Voucher) that the User
has the right to use to settle accounts for the Services or for other purposes
indicated in the App.
8.23. The Company offers Vouchers of different nominal
values and amounts. The Company may establish, at its own discretion, that the
price of the Voucher is less than the nominal value of the Voucher.
8.24. A Voucher is not a guarantee or commitment of the
Company that the Company will keep providing the Services, as provided at the time
of acquisition of the Voucher or at the time of linking a code to the Account, for
an unlimited period of time under the same terms and conditions and in the same
manner.
8.25. A VAT invoice shall be issued for the Services
provided under the procedure and within the time limits set in the Terms, holding
that the Voucher entitles to a discount of the relevant amount for the Services,
by which the price of the Services shall be reduced accordingly.
8.26. When a Voucher is activated, an equivalent number
of credits (the value of prepayment for the Services) shall be automatically added
to the User’s digital wallet. The User can use credits to acquire Services.
The Company shall have the right to offer various discounts and promotions
allowing for using credits to get more of its Services, to try new Services.
8.27. The term of validity of the Voucher and its code is
indicated in the App. If Vouchers are not fully used within the period of their
validity, it shall be regarded that the Service has been provided to the Buyer and
such a Voucher shall be annulled.
8.28. The amount in the Account, which has not been used
for Services, cannot be transferred to another Account and shall not be refunded
upon deletion or cancellation of the Account by the User.
8.29. The User can check the balance of the digital
wallet and the term of validity of the Vouchers in the App.
8.30. The Voucher cannot be exchanged for money and after
its acquisition cannot be returned, transferred or the like.
8.31. The Company reserves the right not to accept the
Voucher code, to suspend or annul the amount of credits or otherwise restrict
provision of Services if the User’s actions give rise to reasonable
suspicion that the Voucher is falsified, used in bad faith, unlawful or otherwise
breaches the Terms or requirements set by legal acts of the Republic of Latvia.
8.32. The User shall have the right to transfer an amount
of money from the Payment Account to the digital wallet in the Account, which can
later be used by the User to pay for the Services under the procedure set in
paragraph 8.9 of the Terms. At the User's request, the Company shall return
these amounts from the digital wallet to the original Payment Account.
IX. SUSPENSION OF SERVICES
Temporary suspension of the Services (blocking of the Account)
9.1. If, in the opinion of the Company, the User fails to
abide by these Terms, does not settle accounts for the Services, attempts to harm
the stability and operation of the App, its security, also in other cases
imperatively indicated in the Terms (e.g., in Chapter III of the Terms), the
Company shall have the right, at its own choice and discretion, to immediately
apply one of the following or all these protection measures of temporary character
to the User, intended to protect rights and legitimate interests of the User, the
Company, other users, third parties (hereinafter referred to as the
“Temporary Protection Measures”):
9.1.1. to temporarily suspend provision of the Services
(to block the Account) (i.e., to restrict a possibility for the User to reserve a
Vehicle);
9.1.2. to cancel trips or reservations already ordered by
the User, and
9.1.3. to apply other adequate and proportionate measures
of temporary character, which are suitable for achievement of the purposes set in
this paragraph.
9.2. The Temporary Protection Measures may also be
applied at the request of the User, i.e., on the initiative of the User himself.
Besides, temporary or other analogous means of suspension of the Services, which
are applied to the User in Lithuania and/or Estonia, i.e., under the User’s
agreement concluded with UAB Prime Leasing and/or CityBee Eesti OÜ, are
automatically valid in Latvia, holding that they have been properly applied to the
User and are valid in accordance with the provisions of these Terms.
9.3. When selecting the Temporary Protection Measures and
establishing the period of their application, the Company shall assess the
character, duration of the breach, consequences of the breach, earlier actions of
the User in using the Services, other significant criteria.
9.4. The Company shall immediately notify the User (in
the App or otherwise) about the Temporary Protection Measures applied to the User.
The Temporary Protection Measures shall come into force and shall start to apply
to the User immediately (including cases when the Company decides to apply them
after giving a notification of the breach in accordance with paragraph 9.6 of the
Terms).
9.5. Upon application of one or several Temporary
Protection Measures by the Company under the procedure, terms and conditions
provided for in the Terms:
9.5.1. provision of Services to the User shall be
temporarily suspended;
9.5.2. fulfilment of duties of the Company related to
this shall be temporarily suspended;
9.5.3. the User must immediately end the trip (if the
notification is received during the trip) and return the Vehicle to the nearest
Parking Zone;
9.5.4. if there a sufficient basis and objective reasons
for this (e.g., the User illegally continues use of the Vehicle, refuses to return
the Vehicle), the Company shall have the right to block use of the Vehicle,
unlocking it and/or starting its engine, also to collect the Vehicle without the
participation of the User;
9.5.5. the User shall become subject to the general means
of liability set forth in the Terms.
9.6. Before applying one or more Temporary Protection
Measures, the Company shall have the right but not the duty to demand that the
User correct the breach within a time limit set by the Company.
9.7. Temporary Protection Measures shall be lifted and
the possibility to use the Services shall again be given:
9.7.1. upon receipt of a written request of the User,
provided that:
9.7.1.1. the User corrects the breach (breaches) and its
(their) consequences (e.g., covers the debt, etc.);
9.7.1.2. other reasons that were the cause for
application of such Temporary Protection Measures disappear;
9.7.2. on the initiative and at the discretion of the
Company.
9.8. If, upon the end of the time limit indicated in
paragraph 9.3 of the Terms, the Temporary Protection Measures are not lifted under
the procedure set in paragraph 9.7 of the Terms, the Company shall terminate the
Agreement under the procedure set in Chapter X of the Terms.
9.9. The Company shall have the right to apply Temporary
Protection Measures at its own choice and discretion together with or instead of
means of liability provided for in Chapter VII of the Terms.
X. TERMINATION
10.1. The User shall have the right to terminate the
Agreement at any time for any reasons and require deactivation of his Account,
having served a written notification about that to the Company. The Company,
having received the User's notification about the termination of the
Agreement, shall terminate the Agreement and deactivate the Account no later than
within 7 (seven) days. Termination of the Agreement shall not release the User
from performance of obligations having arisen before the termination of the
Agreement.
10.2. The Company shall have the right to terminate the
Agreement with the User, having informed the User (by a notification in the App,
by e-mail and/or SMS) about it 7 (seven) days in advance in the following cases:
10.2.1. when a Vehicle was controlled by a person having
no such right;
10.2.2. when a Vehicle is used for purposes it is not
designed or intended for;
10.2.3. when the driver used a 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);
10.2.4. when the User caused damage to a Vehicle
intentionally or by reason of gross negligence (e.g., due to major speeding,
dangerous or reckless driving, other gross violations of the Road Traffic
Regulations);
10.2.5. in case of reckless and dangerous driving;
10.2.6. when the User abandons the place of the accident;
10.2.7. when the User does not perform instructions of
the traffic police or other competent authorities;
10.2.8. when the User uses the Vehicle for a criminal
offence;
10.2.9. when the User does not report the traffic
accident to the Company, the police, the fire service and/or other competent
authorities or services;
10.2.10. when the User violates the obligations provided
for in paragraph 7.19 of the Terms;
10.2.11. when the User does not cover his debt for the
Services for more than 6 (six) months;
10.2.12. Temporary Protection Measures applied to the
User are not cancelled by the end of the time limit indicated in paragraph 9.3 of
the Terms or the Company finds existence of other grounds for termination of the
Agreement listed in this paragraph before the end of the time limit indicated in
paragraph 9.3 of the Terms;
10.2.13. Temporary Protection Measures are applied to the
User for three or more times within one calendar year;
10.2.14. when the User creates an Account violating
requirements of the Terms and/or legal acts;
10.2.15. when the User acts in gross breach of these
Terms and/or keeps breaching these Terms, and/or there are other objective
circumstances, by reason of which, in the opinion of the Company, the User poses a
threat for other users, customers, society, the Company, the Vehicle;
10.2.16. in cases and under terms and conditions set
forth in legal acts.
10.3. Besides, the Company shall have the right to apply
the Temporary Protection Measures to the User provided for in Chapter IX of the
Terms before the termination of the Agreement.
10.4. Cases listed in paragraph 10.2 of the Terms also
include cases when a breach of the Terms is committed or other indicated actions
are performed and/or damage to the Company and/or other persons, including the
User themselves, is caused by a third party, to whom the User, by their 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.
10.5. After the Company terminates the Agreement with the
User under the procedure, terms and conditions set in the Terms:
10.5.1. the Account shall be cancelled;
10.5.2. provision of the Services shall be discontinued;
10.5.3. fulfilment of duties of the Company related to
this shall be discontinued;
10.5.4. the User must immediately end the trip (if the
notification is received during the trip) and return the Vehicle to the nearest
Parking Zone;
10.5.5. if there a sufficient basis and objective reasons
for this (e.g., the User illegally continues use of the Vehicle, refuses to return
the Vehicle), the Company shall have the right to block use of the Vehicle,
unlocking it and/or starting its engine, also to collect the Vehicle without the
participation of the User;
10.5.6. it shall be regarded that the Agreement has been
terminated through the fault of the User;
10.5.7. the User shall be subject to the means of
liability set forth in the Terms.
Prohibition of future use of the Services
10.6. If the Agreement with the User is terminated for
any reason, the Company shall have the right, acting at its own choice and
discretion, to restrict a possibility for the User or prohibit him from entering
into the Agreement in the future and using the Services for a period established
by the Company. The duration of measures provided for in this paragraph of the
Terms shall be up to 10 years, save for exceptional cases (e.g., drink driving or
driving under the influence of substances affecting mental state, causing great
harm to the Company or other persons (their assets, health, life) by wilful acts
or gross negligence of the User), in which the Company may, at its own discretion,
apply a longer period of application of such measures.
10.7. When applying such measures and selecting the
period of their application, the Company shall assess the character of the breach,
degree of danger, duration, consequences caused, earlier actions of the User in
using the Services, other significant criteria.
10.8. For the whole period indicated in paragraph 10.6 of
the Terms, the User shall be prohibited from:
10.8.1. using the Services;
10.8.2. creating a new Account;
10.8.3. attempting to circumvent or evade this
prohibition by any means;
10.8.4. creating an Account in the name of another
person, using other persons’ Accounts, etc.
10.9. Upon the end of the time limit indicated in
paragraph 10.6 of the Terms or earlier, if the User thinks that
circumstances/reasons for application of the restrictions indicated in paragraph
10.6 of the Terms disappeared, the User shall have the right to make a reasoned
request to the Company regarding a possibility to re-create the Account and start
using Services of the Company again.
10.10. The Company shall have the right, acting at its
own discretion, to unilaterally cancel the restrictions for the User indicated in
paragraph 10.6 of the Terms earlier than at the end of the time limit indicated in
paragraph 10.6 of the Terms.
10.11. On the grounds, under the procedure and within the
time limits indicated in the Privacy Policy, the Company shall have the right to
keep processing the User’s data also after the termination of the Agreement
and deactivation of the Account, necessary for achievement of the purposes
provided for in this Chapter of the Terms and in the Privacy Policy.
XI. FINAL PROVISIONS
11.1. The Company shall have the right to amend these
Terms unilaterally, notifying the User about this by e-mail; amendments to the
Terms shall also be indicated in the App and on the Website. Amendments to the
Terms shall come into effect in 5 (five) days after they are notified to the
Users. If the User orders (reserves) Services according to the amended Terms, it
shall be regarded that the User accepted the amendments. As for the reservations
made (trips started), in all cases the version of the Terms, which was in effect
at the moment of the reservation, shall apply.
11.2. The Company shall have the right to unilaterally
change the Service Rates, the Pricelist, other reservation conditions at any time,
making them public in the App and on the Website. These changes shall come into
effect after they are made public in the App and/or on the Website. As for the
reservations made (trips started), the rates which were in effect at the moment of
the reservation, shall apply.
11.3. For the purposes of these Terms, it shall be
regarded that the User is properly informed in writing on the next day after: (i)
the User is sent an e-mail notification at the e-mail address indicated in his
Account; or (ii) the App notification is given in his Account.
11.4. For the purposes of these Terms, it shall be
regarded that the User has properly informed the Company in writing on the next
day after he: (i) sends an e-mail notification from the e-mail address indicated
in his Account to the Company’s e-mail address info@citybee.lv; or (ii)
makes a request at the e-mail address info@citybee.lv signed with a qualified
e-signature (e.g. by use of Smart-ID or mobile signature). In cases when, in
accordance with the Terms, the User must immediately inform the Company, such a
duty of the User shall be deemed properly fulfilled only if the Company is
informed by means of direct and instant communication, i.e., by a phone call.
11.5. The Company shall have the right to unilaterally
transfer all or some of the rights and obligations arising out of these Terms
and/or the Agreement to a third party, (i) having informed the User or all the
Users about it in writing in advance (by sending a general notification by e-mail
or by means of an App notification in the Account), and (ii) having ensured
that the scope of rights of the User does not decrease by reason of such a
transfer.
11.6. All the rights, which are not expressly given to
the User under the Terms, shall lie with the Company. The App, all data collected
by use of the App (including all related intellectual property rights) are and
shall remain the property of the Company, companies related to the Company or
license holders. The Company shall have the right to keep using the content
provided by the User also after the termination of the Agreement, which cannot be
used elsewhere than in the App or which is related only to the activities of the
User by use of the App, or which is related to other data of the Company and
cannot be disassociated or can be disassociated only by using disproportionate
efforts, or which was created by the User together with other persons, and other
customers or persons shall be able to continue using the content.
11.7. The User shall not have the right and cannot allow
any third parties to:
11.7.1. use, display or manage names, marks or works of
the Company or CityBee for any purposes other than for use of the App;
11.7.2. create or register any signs, domain names,
software program names or titles, or social media user names or profiles,
containing the Company's names, marks or works, or confusingly or
substantially similar marks, names, titles or works;
11.7.3. use names, marks or works of the Company or
CityBee as an image or screen wallpaper in his social media profile;
11.7.4. buy keywords (including but not limited to
Google AdWords), containing names, marks or works of the Company or
CityBee; or
11.7.5. register, indicate, use, copy and/or request
title of the Company or CityBee, for any purposes and in any ways, to names,
signs, marks or works of the Company or CityBee, or any confusingly or
substantially similar name, mark, sign, title or a piece of work, separately or
together with other letters, punctuation marks, words, symbols, drawings and/or
other creative works or elements, save for the exceptions indicated above.
11.8. Invalidity of any paragraphs of the Terms shall not
affect the validity and enforceability of other paragraphs of the Terms. Any such
invalid, unlawful or unenforceable paragraph shall be deemed annulled.
11.9. Any claims regarding the Services must be made no
later than within 2 (two) months after the User becomes (should have become) aware
about improperly provided Services. The Company shall seek to respond to the
User’s claim as soon as possible, however, in any case no later than within
15 (fifteen) working days after the receipt of the claim. If the Company does not
satisfy the User’s claim or satisfies it only in part, the User shall have
the right to address the national consumer rights protection institution, i.e. the
Consumer Rights Protection Centre or to use a Consumer Dispute Resolution
Commission: https://www.ptac.gov.lv/lv/pateretaju-stridu-risinasanas-komisija..
11.10. The User can use the European online dispute
resolution (ODR) platform (for more information, see
https://ec.europa.eu/consumers/odr). This provision in no way limits the right of
the User to address a competent court for defence of his rights.
11.11. Any and all disputes and disagreements between the
parties shall be settled in a competent court of the Republic of Latvia. These
Terms shall be interpreted and applied in accordance with law of the Republic of
Latvia.
11.12. On any and all issues arising in connection with
these Terms, the User may address the Company by phone +371 28908649, e-mail:
info@citybee.lv.
The Terms were last updated on: 23 May 2022.
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