New edition of the rules

 is published on 20th March, 2019

 

VEHICLE HIRE AND SERVICE PROVISION CONDITIONS AND RULES

 

 

I.    GENERAL PROVISIONS

 

1.1.      These vehicle hire and service provision conditions and rules (hereinafter referred to as the “Rules”) of Prime Leasing UAB, legal entity registration number 302565318, registered at the address Ozo g. 10A, 08200 Vilnius (hereinafter referred to as the “Company”) shall regulate the procedure for registration of the User in the mobile application of the Company, the rules for use of personal data of the Users, use of motor vehicles and two-wheel vehicles, vehicle operation conditions and liability and settlement procedure.

 

1.2.      Before starting using the services provided by the Company, the User shall be obliged to:

 

1.2.1.         carefully read and responsibly familiarise himself with these Rules and choose the button “I accept” in the field of registration by the mobile application of the Company. By choosing the button “I accept” the User shall certify that all information provided to him is clear, understandable and that he accepts these Rules; and

1.2.2.         provide such information and documents which may be reasonably requested by the Company hereunder at the moment of registration in the Company’s mobile application.

 

1.3.      In case where the User has any questions in relation to interpretation or application of the Rules, the User shall be entitled to contact the Company’s representatives by to the following contact details: telephone 8 700 44844, e-mail info@citybee.lt.

1.4.      The Company and the User who has fulfilled the requirements provided for in paragraph 1.2 hereof above and has acquired the right to use the services provided by the Company shall be linked by civil contractual legal relationship in relation to the Company’s vehicle hire and services performed by the Company and the User in accordance with these Rules.

 

II.   DEFINITIONS USED IN THE RULES

 

2.1.      User shall mean a customer of the Company (natural person) who accepts these Rules and uses Vehicles on the basis of these Rules.

2.2.      Vehicle” shall mean a two-wheel vehicle driven by muscular force or powered by an electric motor or a motor vehicle provided by the Company to the User for temporary possession and use under the procedure prescribed herein.

2.3.      Vehicle Use Period” shall mean a period of time from the moment of the Vehicle unlocking/collection from the Parking Area to the moment of locking/return to the Parking Area.

2.4.      Services” shall mean the Vehicle maintenance (overhaul and current repairs, technical support) services including all materials and fuels necessary for operation of the Vehicle and compulsory insurance against civil liability in respect of the use of vehicles.

2.5.      Website” shall mean the Company’s website www.citybee.lt.

2.6.      Mobile Application” shall mean application software intended for smart phones, tablets and other mobile devices by virtue of which the Vehicle reservation, unlocking, locking and/or other actions provided for in the software are carried out.

2.7.      Electronic System” shall mean the Vehicle reservation system in the Mobile Application.

2.8.      Vehicle System” shall mean an electronic system installed in the Vehicle which records the location of the Vehicle, the distance covered by the Vehicle, the time of use of the Vehicle, use of the Fuel Card and other data related to the Vehicle and use thereof and transmits the data to the Company.

2.9.      Pricelist” shall mean the Vehicle hire and service prices and other charge rates published on the Website.

2.10.   Fuel Card” shall mean a fuel card in each motor Vehicle which is owned by the Company and intended for payment for fuel in the service station specified by the Company.

2.11.   Parking Area” shall mean a parking lot of the Vehicle from which the User collects the Vehicle and/or to which the Vehicle is returned. The Parking Area from which the Vehicle is collected and the Parking Area to which the Vehicle is returned may not coincide. Motor Vehicles of some models indicated Website and Mobile Application must be returned to the same Parking Area from which the motor Vehicles were collected by the User. The list of the Parking Areas shall be made available in the Electronic System.

2.12.   For the purposes of these Rules, the terms in singular and plural form shall have the same meaning, as the context requires.

 

III.  REGISTRATION OF THE USER IN THE MOBILE APPLICATION

 

3.1.      The User shall be entitled to use the Services provided by the Company only after registration in the Mobile Application and provision of all information and documents requested by the Company under the procedure prescribed herein.

3.2.      The User shall be entitled to register himself in the Mobile Application by electronic means of communication after familiarising himself with the Rules made available in the Mobile Application and entering his personal data and completion of the fields with other requested information.

3.3.      At the moment of registration in the Mobile Application the User shall indicate his e-mail address which shall be deemed to be the User identification number and create a password which shall be used for later logins to the Electronic System.

3.4.      The User willing to use motor Vehicles must have a valid driving licence and approve its validity in accordance with the procedure established in the Mobile Application, i.e. at the moment of registration upload photos of his face image and driving licence upon receipt of which the Company shall perform identification of the User and verify the validity of the document evidencing the right to drive motor Vehicles.

3.5.      If the User fails to enter his personal data, incorrectly indicates or makes a mistake in entering his personal data, registration of the User shall be deemed to be invalid. The User shall be obliged to indemnify the Company against all losses incurred as a result of provision of false or inaccurate information of the User.

3.6.      After the User familiarises himself with the Rules, provides the requested information and documents and the Company performs necessary User identification and information verification operations, the Company shall undertake to grant the User the right to temporary operate and use the Vehicles in provision of the Services, whereas the User shall undertake to use the Vehicles under the procedure established herein and pay a fee for the received Services.

3.7.      Upon successful creation of his personal account, i.e. registration in the Mobile Application, the User shall be provided with the details of login to the Electronic System with which the User may perform operations related to reservation of the Vehicles. The data of login to the Electronic System shall be provided only to the particular natural person; thus, the afore-mentioned data must be protected and not disclosed by the User to anyone.

3.8.      The User shall undertake to protect the provided details of login to the Electronic System and passwords and immediately notify the Company by the general information telephone if the data is lost or becomes available to third parties.

3.9.      Having received a notification of lost data of the User’s login to the Electronic System or data of the User’s login to the Electronic System which has become available to third parties, the Company shall undertake to immediately, but not later than within 8 working hours block the login to the User’s personal account.

3.10.   Both the Company and the User shall undertake to notify each other of any changes in their personal data (name, surname/name, address, registration number etc.) not later than within 5 calendar days.

3.11.   The losses incurred after giving the User’s notification referred to in paragraph 3.9 hereof to the Company shall be borne by the Company, except for the cases if the losses are incurred as a result of unfair actions of the User. If the losses are incurred as a result of loss of the User’s login data or use of the User’s login data by third parties before giving the notification referred to in paragraph 3.9. hereof to the Company, the losses shall be deemed to have arisen as a result of gross negligence of the User unless the User proves otherwise and such losses must be compensated by the User.

3.12.   The User shall undertake to ensure that when using the computer hardware, software or other equipment used for registration of the User and/or login to the Electronic System all rational security measures including anti-virus applications must be assumed and shall be responsible for all consequences arising due to inadequate protection of the User’s computer or other systems. In case of a breach of the security of the software and data necessary for use of the Electronic System, the Company shall issue a new password according to the User’s request.

 

IV.     PROVISIONS CONCERNING PROCESSING OF PERSONAL DATA

 

4.1.      By accepting these Rules, the User shall provide his personal data for processing for the purposes of administration and performance of the Services provided to the User (grounds for conclusion and performance of the contract) as well as for other related purposes mentioned herein below. The personal data provided at the moment of conclusion of the contract (name, surname, personal identification number, address, contact details, data on the driving licence, a copy of the driving licence, a copy of the identity document (provided in case where the services of hire of two-wheeled vehicles powered by an electric motor are sought by the persons who, according to these Rules, may be only adults (over 18 years) for the purposes of identifying the person and his/her age), biometric data (for the purposes of the facial image identification, on the basis of the consent) etc.) as well as the data related to use of the Services including the Vehicle GPS (location) data and data related to speed shall be processed. The data must be provided for the purposes of conclusion (at the moment of confirmation of registration of the User) and/or performance of a contract with the User. In the event of a failure to provide personal data, the User’s registration shall not be confirmed. When processing personal data, the Company shall observe the following principles:

4.1.1.         Personal data shall be collected for the defined and lawful purposes;

4.1.2.         Personal data shall be processed in a precise, good faith and transparent manner;

4.1.3.         Only personal data which is adequate, proper and necessary for achieving the established objectives shall be processed;

4.1.4.         Personal data shall be processed in a lawful manner, i.e. only on the lawful processing grounds set forth in the legal acts (conclusion and performance of the contract, consent as well as other grounds, where appropriate);

4.1.5.         Personal data shall be regulated updated;

4.1.6.         Personal data shall be stored not longer than required by the data processing objectives.

4.2.      When processing personal data for the purposes of administration and performance of the Services, the data shall be stored for 3 months if provision of the service is refused and for 5 years from the moment of provision of the service if the service is provided. Data of the Users who have failed to perform their financial and/or property obligations or have caused damages to the Company shall be stored for an additional 5-year period.

4.3.      In the event where the User connects to wired or wireless devices in the Vehicle, including but not limited to by navigation, multimedia systems, using mobile devices, including, but not limited to, smart phones, the data of the User’s devices shall remain stored in the Vehicle. The User shall declare that he understands that, in accordance with the instructions of the Vehicle manufacturer, he must delete the data of the mobile device from the Vehicle memory by himself. The User shall declare that he understands and knows that the Company shall not be liable and in no way compensate the User for losses arising from the data of the User's mobile device stored in the Vehicle. All claims brought by the User in relation to non-deleted data of the User's mobile devices stored in the Vehicle shall be deemed to be unsubstantiated and shall not be considered by the Company.

4.4.      The User shall be aware that if the moment of his registration in the Mobile Application and performance of the Vehicle reservations any reasonable doubts that the User fails to settle accounts for the provided services (e.g. increasing use of the services) arise and the Company may suffer property damage, the Company shall be have a legitimate interest related to the Company’s property interests and protection thereof to collect and assess lawfully accessible data of the User (including the personal identification number, credit rating etc.) for the purposes of solvency verification, debt management and/or recovery and shall be entitled at any time to perform collection and assessment of the afore-mentioned data if the User’s application for his existing or former debt is received.

4.5.      Should the User fail to perform his financial obligations on the basis of these Rules and fail to remedy the breach within 30 calendar days from the given notice, the Company shall be entitled to transmit the User’s debt and personal data (including the personal identification data) to the persons having a legitimate interest, joint debtor data file controllers for debt management and/or recovery purposes (data on not performed obligations shall be stored for 10 years from the date of redemption of the debt) on the basis of a legitimate interest. For the purposes of assessment of creditworthiness, assessment of personal characteristics by automatic means (profiling) which may influence the possibility to enter into transactions in the future.

4.6.      For the purposes of prevention, detection and combating of infringements of these Rules and legal acts and protection of the User and the Company’s property against unlawful activities (e.g. misappropriation of the User’s data, identity), the Company shall be entitled to collect, structure and/or otherwise process information on possibly improper ordering of the Company’s services and improper use of the Company’s services. The Company shall report unlawful activities of the User to law enforcement authorities.

4.7.      At the moment of conclusion of the contract with the User (at the moment of confirmation of the User’s registration) and/or in the course of performance of the contract with the User, the Company shall be entitled to take into consideration the User’s creditworthiness, debt to the Company, length of driving, violations of the Road Traffic Regulations committed by the User, history of the insured events related to the User (e.g. speed) during the period of use of the services provided by the Company and the decisions adopted on this basis which may have an impact on conclusion and performance of the contract. The Company shall process personal data on the basis of the Company’s legitimate interest to protect the Company’s property interests. The Company shall be entitled to request for human intervention (if a decision based on automated processing having legal consequences on the User or otherwise having a major effect is taken), express his opinion and object the decision.

4.8.      If the data subject agrees, the Company shall record telephone conversations with the employees of the service centre with a view to ensuring the quality of the provided services, proper provision of the services and performance of the contract. Prior to recording the conversation, the data subject shall be informed of recording of the conversation and the purpose thereof. The telephone conversation records shall be stored for 6 months and may be listened to only in cases of any suspicions in relation to breaches of these Rules, the rules concerning the Users’ registration in the Mobile Application or the internal rules of the Company, the quality of the services provided by the Company, accidents or conflicts (incidents) with the Users or employees, in cases of loss, damage to or destruction of material assets.

4.9.      The Company shall fulfil its contractual and statutory duties in accordance with the data indicated in the Mobile Application at the moment of registration and reservations by the User. In the event of any changes in the data (surname/name, address, registration number etc.), the User shall immediately notify the Company.

4.10.   The Company shall also be entitled to contact the Users without consent if goods or services of the Company (or similar goods/services) are offered or an opinion on the goods/services is asked. In the latter case, the Company shall create an easily realisable possibility for the User not to agree with receipt of the respective notices. The User’s contact details (e-mail address, telephone number (for the SMS)) may be used for information about the offers relevant to the User and related to use of the Services, terms and conditions of use of the Services, performance of the contract on the basis of the Company’s legitimate interest. The afore-mentioned information shall be sent by using active notice by virtue of the Company’s Mobile Application (e.g. sending of information on not finished registration in the Mobile Application). The Company shall create an easily realisable possibility for the User not to agree with receipt of the respective notices. In order not to receive active notices in the Mobile Application any longer, they may be refused by withdrawal of the authorisation to give active notices in the Mobile Application in the settings of the operating system. The User shall certify that he is informed and has the following rights:

4.10.1.       to access his personal data which is processed;

4.10.2.       to request to correct incorrect, incomplete, inaccurate personal data;

4.10.3.       to request to restrict the data processing actions (except for storage);

4.10.4.       to request to destroy data (where excessive data is processed, data is processed not according to the requirements of the law, where the consent is withdrawn or other grounds provided for in the legal acts exist);

4.10.5.       the right to data portability (where data is processed on the basis of a contract or consent). In exercise of the right to data portability, the processed data may be transmitted directly to the User or transferred to the data controller indicated by the User;

4.10.6.       not to agree that personal data was processed where data is processed on the basis of the consent or legitimate interest including processing for direct marketing purposes under the procedure prescribed in the legal acts.

4.11.   Only the requests for exercise of the rights of the data subject may submitted by the Users who have identified themselves under the procedure prescribed in the legal acts may be complied with.

4.12.   The User’s personal data may be disclosed:

4.12.1.      to the Company’s employees responsible for the customer service, accounting, Vehicle maintenance (in the event of a traffic accident) and marketing and keeping in contact with the User;

4.12.2.      to third parties providing services to the Company including marketing companies, information technology service providers, audit, accounting, legal service, debt collection companies and other persons to the extent necessary for the purposes of the mutual agreements concluded between third parties and the Company.

4.13.   Based on the data of the Vehicle Systems, the Company shall have the right and, in certain cases, the duty to transfer information about violations of the Road Traffic Regulations (e.g., over speeding, drunk driving) to the responsible authorities (e.g., police).

4.14.   If the User has any questions or complaints for processing of personal data, the User may apply to the Company’s data protection officer by e-mail info@citybee.lt or register his application by telephone +370 700 44844 (free of charge). The User shall also be entitled to address the State Data Protection Inspectorate.

 

V.   VEHICLE OPERATION CONDITIONS AND LIABILITY

 

5.1.      The Company shall undertake to ensure that the Vehicle was in good order and prepared for operation.

5.2.      The Vehicle’s defects which do not have an impact on traffic safety or shall not have an impact in the short run as well as defects which are not the consequence of improper maintenance of the Vehicle carried out by the Company shall not be recognised as defects.

5.3.      The User shall undertake to use the Vehicle as a careful and diligent owner, use it only for its original intended purpose.

5.4.      The User shall undertake to comply with the Vehicle operation requirements established by the manufacturer of the Vehicle and specified in the Vehicle use manuals/instructions drawn up by the manufacturer and kept in the Vehicle, the Company’s instructions and recommendations set out in Sections VI-VIII hereof, the road traffic regulations set forth in the legal acts and the requirements of the applicable legal acts. The User shall also undertake to comply with the Vehicle operation requirements which are not mentioned herein above but are considered as ordinary requirements for use of such property.

5.5.      The User shall undertake to immediately notify the Company and the respective public authority (e.g. police, fire service) if the Vehicle is destroyed, damaged, breaks down or otherwise becomes improper for use as well as circumstances preventing from operation and use of the Vehicle or ensuring normal Vehicle operation conditions arise.

5.6.      The User shall not be entitled to sublease the Vehicle, assign his rights and duties hereunder or transfer the Vehicle to another person or allow another person to use the Vehicle without a written consent of the Company.

5.7.      The User shall be held fully responsible for the Vehicle for the entire Vehicle Use Period. During the Vehicle Use Period, the responsibility of the operator of the Vehicle as a source of higher risk shall fall within the User.

5.8.      The User shall not be held liable for any failures of the Vehicle which arise in the course of operation of the Vehicle and are the consequence of earlier operation and normal wear and tear of the Vehicle if the User immediately notifies the Company by telephone and complies with the instructions given by the Company.

5.9.      If during the Vehicle Use Period the Vehicle is damaged, destroyed or lost (including, but not limited to confiscation of the Vehicle) and if any accessories of the Vehicle (e.g. ignition key) are lost, destroyed or damaged, the User shall undertake to pay to the Company a penalty in the amount indicated in the Pricelist (amount of the deductible) and indemnify the Company against the caused damage and losses to the extent they exceed the amount of the penalty in cases where the damages/losses have been caused to the Company:

5.9.1.         as a result of a failure to comply with the Vehicle operation conditions by the User;

5.9.2.         as a result of use of the Vehicle for carrying out of the actions for the performance of which it is not adapted;

5.9.3.         as a result of operation of the Vehicle by an unlawful operator;

5.9.4.         where the User is not entitled to drive a vehicle of such category or is not entitled to drive vehicles;

5.9.5.         as a result of operation of the Vehicle where the User is under the influence of alcohol, drugs and/or other psychoactive substances and where the latter has used alcohol or other psychoactive substances after the traffic accident before establishment of the circumstances of the traffic accident or avoided breath test for alcohol or intoxication (for the purposes of these Rules, being under the influence of alcohol or intoxication shall be construed in accordance with the procedure prescribed in the legal acts of the Republic of Lithuania;

5.9.6.         as a result of a failure to comply with the requests of the road police or other competent authorities by the Driver using the Vehicle;

5.9.7.         where the User uses the Vehicle for carrying out of criminal actions;

5.9.8.         as a result of loading of the goods to the Vehicle or unloading from the Vehicle;

5.9.9.         as a result of staining, scratching, tearing of the interior (equipment) of the Vehicle caused by the User, passengers or pets;

5.9.10.      through intent or gross negligence of the User;

5.9.11.      where the User fails to report the traffic accident to the police, fire service and/or other competent authorities in accordance with the procedure established herein and/or in the insurance rules of the insurance company which has insured the Vehicle.

5.10.  In the cases set out in the insurance rules of the insurance company which has insured the Vehicle, when the insurance company compensates the damage, it acquires the right of recourse in collection of the total paid out insurance benefit from the User if the damage against which the Vehicle is insured was caused through its fault or due to its actions.

5.11.  If in the course of use of the Vehicle it becomes dirtier than when normally operated (both inside and outside), the User shall be obliged to compensate the fees indicated in the Pricelist and if such fees are not indicated, the Vehicle washing and cleaning costs.

5.12.  In case where the Vehicle is confiscated is confiscated, arrested or lost or any other rights to it are restricted in the course of use of the Vehicle through the fault of the User or due to the circumstances arising in the course of such use, the User shall be obliged to perform all obligations in relation to the Vehicle provided for herein before return of the Vehicle to the Company. The User shall also be obliged to indemnify the Company against all losses incurred in relation to the circumstances set out in this paragraph.

5.13.  The User shall undertake to comply with the requirements of the insurance rules established by the insurance company which has insured the Vehicle. The insurance rules shall be published on the Website.

5.14.  The User shall assume full liability for violations of the legal acts and damage caused to third parties during the Vehicle Use Period. If the User operates the Vehicle in an improper manner or otherwise breaches these Rules and, consequently, the Company incurs losses (e.g. payment of taxes or files payable to public authorities or third parties etc.), the User shall undertake to compensate such losses. Given the legitimate grounds, the User’s personal information available to the Company may be transmitted to public authorities and/or bailiffs for the purposes of payment and collection of taxes or fines.

5.15.  At the request of the Company, the User shall undertake to pay to the Company a fine in the amount set in the Pricelist for non-performance, breach or improper performance of any of the obligations provided for herein provided that no other liability for the respective breach is established herein.

5.16.  If the Company fails to ensure proper provision of the Services to the User hereunder (i.e. the Vehicle is not found in the specified Parking Area or the Vehicle is not in good order or cannot be operated), after the User notifies the Company by telephone, the Company shall undertake, at the User’s discretion, (1) to indemnify the User against the taxi costs agreed over the telephone not exceeding the amount indicated in the Pricelist (the costs shall be compensated according to the invoice issued by the User allowing a discount for use of the Vehicle in the future for the amount indicated in the Electronic System) or (2) deliver another Vehicle to the User not later than within 1 (one) hour.

5.17.  The Company shall not be held liable for the User’s losses incurred by him as a result of inability to use the Vehicle in the event of an accident or for other reasons beyond control of the Company.

5.18.  If the User cannot properly use the Company’s services, the User shall be obliged to notify the Company by e-mail, telephone or in writing. Attempts shall be made to settle a dispute by mutual peaceful agreement of the parties or under the procedure established in the legal acts on the basis of all information provided by the User and available to the Company. Any claims for the services shall be brought not later than within 5 calendar days from the date of provision of the services. The Company shall seek to respond to the User’s application as soon as possible but, in any case, not later than within 30 days from the date of receipt of the application. All disputes and disagreements between the Parties which are not settled in the afore-mentioned way shall be settled in a court of the Republic of Lithuania according to the location of the registered office of the Company.

5.19.  The Company shall be held liable for performance of the obligations provided for herein and must indemnify the User against direct losses caused by improper performance of its obligations not exceeding the price of the Services described herein which are not provided or are improperly provided. The amount compensated to the User by the Company as agreed upon by the Parties or established by the responsible authorities shall be included in another future invoice and/or included in future payments. The Company shall not be liable for any indirect losses and the losses compensated hereunder cannot be higher than the amount which would be paid out as a compensation of the losses by the insurance company which has insured his third party liability.

5.20.  Vehicles may be used only in the territory of the Republic of Lithuania. Leaving the territory of the Republic of Lithuania may be mutually agreed by both parties.

 

VI.        GENERAL RULES CONCERNING USE OF VEHICLES

 

6.1.      The User driving the Vehicle must be sober and not under the influence of psychoactive substances. Furthermore, the User shall be prohibited from driving if he is sick or tired where his driving may pose a risk to the traffic safety, transfer the motor Vehicle to other persons for driving. When driving a motor Vehicle, the User shall be obliged to follow information on the categories of the vehicles he is authorised to drive as specified in the driving licence.

6.2.      Driving the Vehicle under the influence of alcohol, drugs and/or psychotropic substances, other psychoactive substances shall be prohibited. When using the Vehicle, the User must be completely sober (0.00 per mil) and not under the influence of psychoactive substances. In the event where the User breaches the requirement set out in this paragraph or transfers the Vehicle or grants an access to driving the vehicle to another person who does not meet the requirement set forth in this paragraph, the User must pay to the Company a fine in the amount of EUR 2,000 (two thousand Euro) if the breach is committed when driving a motor vehicle or a fine in the amount of EUR 500 (five hundred Euro) if the breach is committed when driving a two-wheeled vehicle driven by muscular force or powered by an electric motor. The User shall pay to the Company the fine specified in this paragraph within 3 (three) days from the date of violation of this paragraph. The Company shall be entitled to immediately and for an indefinite period suspend the provision of the Services to the User, block the start of the Vehicle and take back the Vehicle without further notice.

6.3.      The User shall undertake to use the Services in accordance with the provisions of these Rules and acting as a reasonably careful, responsible and informed person. When driving the Vehicle, the User shall be obliged to observe the road traffic safety rules established in the legal acts of the Republic of Lithuania.

6.4.      The User must ensure that each time before starting using the Vehicle the Vehicle was examined and it was made sure that the Vehicle has no clearly seen defects or faults. If any defects or faults are detected, the User shall be obliged to notify the Company by telephone or in writing. Otherwise, all damages shall be deemed to have arisen during the period of use of the Vehicle by the User and the User shall be held responsible for them.

6.5.      At the end of his ride, the User shall be obliged to return the Vehicle to the Parking Area.

6.6.      The User shall be held fully responsible for the Vehicle, the risk and liability of the operator of the source of a higher risk shall pass to him from the start of the use of the Vehicle.

6.7.      The User shall be familiarised and agree that it may take up to 1 minute to unlock or lock the Vehicle (each action separately) due to the communication operators and the time shall be included in the price of the Services as use of the Service.

6.8.      The User shall be obliged to return the Vehicle in the condition which is not worse than the condition in which the Vehicle was received taking into account normal wear and tear. For the purposes of taking a decision on normal wear and tear of the motor Vehicle, the Parties shall follow the guide prepared on 1 March 2010 by the Lithuanian Autoentrepreneurs Association and published on the website of the association at Atmintine_2010_03_01.pdf (the guide shall be deemed to be an integral part hereof) and the requirements established in the public maintenance rules. The normal wear and tear shall not include the following:

6.8.1.         broken, deformed or otherwise mechanically or thermally damaged parts;

6.8.2.         inoperable devices and mechanisms;

6.8.3.         body dents, paint layer cracks and clear scratches (where the paint layer is damaged to the primer layer);

6.8.4.         depreciation of the paint payer as a result of intense washing and/or cleaning of the vehicle;

6.8.5.         low quality repair and/or defects as a result of repair;

6.8.6.         cracks of windows of the body;

6.8.7.         scratches of windows of the body arising as a result of improper use and/or cleaning of the Vehicle;

6.8.8.         damages of the interior such as burnt or stained seats, broken plastic parts of the front panel or boot lid, window opening handles etc.

6.8.9.         damaged geometry of the body.

6.9.      If the Vehicle breaks down, alert signals switch on the dashboard, suspicious extraneous noises can be heard or the Vehicle cannot be further safely operated, the User shall be obliged to immediately stop using the Vehicle and notify the Company by telephone and comply with further instructions of the Company.

6.10.   In the event of any damages to the Vehicle during a traffic accident or due to other circumstances, the User shall undertake to immediately notify the Company and the respective services (police, fire service etc.), complete a traffic accident declaration and carry out other necessary actions with a view to preventing or reducing possible damages to the Vehicle and/or persons and property.

6.11.   The User shall be obliged to ensure that the Vehicle was not further used in case where it breaks down and further use of the Vehicle may increase damages or endanger the traffic safety or use of the Vehicle may result in greater damages to the Vehicle.

6.12.   If the User delays to return the Vehicle within the set maximum time limit for use of the Vehicle, the User shall be subject to the Service fee indicated in the Pricelist for every minute of delay to return the Vehicle.

6.13.   The Company shall be entitled to install alcolocks, i.e. breathalysers preventing the Vehicle from being started. If the User has used alcohol, after blowing into a breathalyser ignition of the Vehicle may be locked and the Service shall not be provided. If the User has not used alcohol, the Vehicle shall be started and the Service shall be provided to the User in the normal manner.

 

VII.       RULES CONCERNING USE OF TWO-WHEEL VEHICLES DRIVEN BY MUSCULAR FORCE AND TWO-WHEELED VEHICLES POWERED BY AN ELECTRIC MOTOR

 

7.1.      Having arrived in the Parking Area, the User shall choose the respective command and fulfil the commands in the screen of the Mobile Application for unlocking the Vehicle and, after completion of the reservation, for locking the Vehicle.

7.2.      The User shall be obliged to examined the two-wheel vehicle to make sure that it does not have clearly visible damages, it has a lock, the two-wheel vehicle is with wheels. In case of detection of any defects, faults or other nonconformities of the Vehicle set out in this paragraph (or other faults), the User shall be obliged to immediately notify the Company by telephone before starting using the two-wheel vehicle. In case where the notification is not given before the actual start of use of the Vehicle, any defects, nonconformities or faults of the Vehicle which become evident shall fall within the responsibility of the User.

7.3.      If in the course of use of a Vehicle the User does not use the Vehicle for a short period of time, but the ride is not finished, the User shall be obliged to take all actions including but not limited to locking of the Vehicle (bicycle), taking the Vehicle (scooter) with himself so that it could not be misappropriated or used by unauthorised persons. During the period of use of the Vehicle, the User shall be fully liable for its security and must indemnify the Company against the losses incurred by it as a result of damage to, destruction or loss of the Vehicle.

7.4.      Having used the Vehicle, the User must return the Vehicle to the Parking Area. If the Vehicle is not returned within 24 hours, it shall be deemed to be lost. In case of loss of the Vehicle, the User shall undertake to pay to the Company a fine indicated in the Pricelist and indemnify the Company against all losses not covered by the fine. Having paid the fine to the Company, the User shall not acquire the ownership right to the Vehicle. The Company shall make every effort to recover the Vehicle. In case where exceeding of the maximum time of use of the Vehicle is foreseen, the Company must be notified not later than two hours to the expiry of the maximum term. The maximum term of use of the Vehicle may be extended by a separate mutual agreement between the parties.

7.5.      After return of the Vehicle to the Parking Area, the Vehicle must be locked according to the instruction given in the Mobile Application. In order to lock the lock of the two-wheel vehicle, the User must choose the respective command in the screen of the Mobile Application and follow and perform the indicated steps before and after locking. Having taken all the steps and having satisfied himself that the lock is locked, the User shall be entitled to leave the two-wheel vehicle.

7.6.      Following Articles 2.7. and 2.8. of the Civil Code of the Republic of Lithuania and taking into account the type of the concluded transaction (minor transaction related to use of own earned funds, funds provided by the statutory representative or other persons which is not subject to the established notarised or other special form), the services of hire of a two-wheel vehicle driven by muscular force (bicycle) may also be sued by persons under 18 years of age who have connected their personal payment card with their personal Electronic Account under the procedure established in paragraph 9 hereof.

7.7.      The services of hire of two-wheeled vehicles powered by an electric motor (hereinafter referred to as the “Two-Wheeled Motor Vehicles”) may be used only by adult persons (over 18 years).

7.8.      All damaged directly or indirectly caused by a person under 14 years using the Services shall fall within the liability of the parents or legal guardians of the minor. Meanwhile, the minors from 14 years to 18 years shall be liable for their contractual obligations arising out of these Rules themselves.

7.9.      Where a two-wheel vehicle is a bicycle, it may withstand up to 120 kg and the weight of the bag should be up to 5 kg.

7.10.   Where a two-wheeled vehicle is a scooter, it may withstand up to 100 kg.

7.11.   All belongings carried by the User, i.e. kept by the User himself, put on the two-wheel vehicle or a motor two-wheeled or put into the bag, should be carried by the User assuming full risk and liability for the security of the carried belongings.

7.12.   The User himself shall be held liable for any damage to, destruction or dirtying of the property or clothes of the User in the course of use of the Service.

7.13.   The Company shall not be held liable for any damage which may be sustained by the User as a result of delay related to use of the Service, the damage which may be caused by the User to third parties while using the Service and harm to the User’s health caused while using the Service.

7.14.   The User shall certify that he knows how to use the two-wheeled vehicle or the motor two-wheeled vehicle, had necessary knowledge, skills of use of the vehicle and that he meets the standard of physical fitness necessary for driving the vehicle.

7.15.   The Company shall not be liable for any damage to the User’s health, life caused to the User by use of the Vehicles by the User. The User shall use the Vehicles at his own risk, understanding the risk caused thereby.

7.16.   The User shall indemnify third parties against all damage caused by use of the Vehicles by the User.

7.17.   When using, driving the Vehicles the Users must observe the Road Traffic Regulations approved by the Government of the Republic of Lithuania, not to violate them, not to cause any threat and not to cause any damage to own health, life and property and the health, life, property of third parties.

7.18.   The two-wheeled motor vehicles shall be subject to the rules, terms and conditions of use and driving established herein which shall be the same as the ones established for the bicycles in the Road Traffic Regulations approved by the Government of the Republic of Lithuania.

7.19.   In all cases, when using two-wheeled vehicles and two-wheeled motor vehicles the User must act as a prudent and diligent master of the property.

7.20.   The Users shall also be recommended:

7.20.1.   to drive at a safe speed;

7.20.2.   to start braking and driving the vehicle at a safe speed taking into account the experience, skills and weather conditions;

7.20.3.   to property adjust the height of the seat;

7.20.4.   to wear head protection and appropriate clothes;

7.20.5.   before starting driving, to check if the vehicle (in particular, its seat (if any)) is clean.

 

VIII.     RULES CONCERNING USE OF MOTOR VEHICLES

 

8.1.      MOTOR VEHICLE RESERVATION PROCEDURE

 

8.1.1.  Before staring a trip, a motor Vehicle must be reserved. Reservation of a motor Vehicle shall be carried out by means of the Mobile Application. A motor Vehicle may be reserved before the indicated time till the start of the expected start of use of the motor Vehicle. The time of reservation shall be indicated at each motor Vehicle at the moment of reservation of the Vehicle. To carry out the reservation, the following actions must be carried out:

8.1.1.1.     login to the Electronic System;

8.1.1.2.     choosing of the desired motor Vehicle;

8.1.1.3.     confirmation of the reservation of the motor Vehicle.

8.1.2.  Confirmation of the reservation shall be generated in the screen of the User’s Mobile Application.

8.1.3.  The User may start using the motor Vehicle within the indicated time limit which shall be indicated at each motor Vehicle when reserving it from the moment of confirmation of the reservation; otherwise, reservation of the motor Vehicle shall be automatically cancelled in the Electronic System. If extended reservation is chosen at the moment of reservation of the motor Vehicle and the time of the initial reservation ends before the start of use of the motor Vehicle, the reservation of the motor Vehicle shall be extended for the paid time of reservation chosen by the Mobile Application. If the User fails to start using the motor Vehicle within the chosen paid reservation time after expiry of the initial reservation time of the indicated duration, the extended reservation shall be automatically cancelled in the Electronic System. The User shall pay for the chosen extended reservation time at the rates of the Services related to the motor Vehicle indicated in the Pricelist.

8.1.4.  The motor Vehicle user period or which the User shall undertake to pay the Service Fee shall start to run in from unlocking the Vehicle reserved by the User in the system of the Vehicle and shall be recorded in minutes till the moment of delivery of the Vehicle to the Parking Area to which the Vehicle must be returned and locking thereof (except for the cases of choosing extended reservation).

 

8.2.      MOTOR VEHICLE USE PROCEDURE

 

8.2.1.  Having arrived to the place of the reserved motor Vehicle, the User shall choose the command “unlock the Vehicle” in the screen of the Mobile Application.

8.2.2.  The User shall be obliged to examine the motor Vehicle (both the interior and the exterior of the Vehicle) to satisfy himself that the motor Vehicle does not clearly visible damages and shall undertake to check if all fittings and accessories of the motor Vehicle (the ignition key, the fuel card and the vehicle documents) are in place and immediately notify the Company of any detected nonconformities by telephone 8 700 44844 or e-mail address info@citybee.lt. If an orange label stating that the damage has already been reported is attached to the clearly visible damage, the Company must not be additionally notified.

8.2.3.  In order to drive the motor Vehicle, the motor Vehicle should be started using the ignition key inside the Vehicle. If the motor Vehicle does not need an ignition key, the motor Vehicle shall be started by pressing the button, keeping breaking pedal pressed.

8.2.4.  In case of a temporary stop, the motor Vehicle shall be locked and again unlocked using the key of the motor Vehicle.

8.2.5.  Having used the motor Vehicle, the User must return the motor Vehicle to the desirable Parking Area (except for the motor Vehicles of some models indicated in the Website and Mobile Application which must be returned to the same Parking Area from which the motor Vehicles were collected by the User).

8.2.6.  The maximum period of use of the motor Vehicle shall be 30 days. If the User fails to return the motor Vehicle longer than 30 days from the start of use of the Vehicle, the Company shall be entitled to address police for the theft of the motor Vehicle and to lock the starting of the motor Vehicle. In case where it is expected that the maximum Vehicle Use Period is exceeded, the Company must be notified not later than two hours to the expiry of the maximum term. The maximum term of use of the motor Vehicle may be extended by a separate mutual agreement between the parties.

8.2.7.  The Company, by giving a 7 (seven) calendar days’ notice to the User in writing, including by e-mail or SMS, shall be entitled to replace the hired Vehicle with another Vehicle of the corresponding category and parameters at any time during the term of hire of the Vehicle in order for the Company to perform periodic Vehicle maintenance and repair works, remove Vehicle failures and carry out other actions. The User, upon receipt of the Company’s notice specified in this paragraph, must provide conditions for and allow the Company to replace the Vehicle, including, but not limited to, returning the keys of the Vehicle to the Company and other items taken from the Vehicle, and picking all personal items left behind in the hired Vehicle on the day and time specified by the Company, and at the place agreed by the Parties, and in accordance with the procedure established in these Rules, accept another Vehicle transferred by the Company. Upon failure to fulfil the obligation specified in this paragraph, the User must compensate all losses incurred by the Company.

8.2.8.  When the motor Vehicle is returned to the Parking Area, the User shall be obliged to put the key of the motor Vehicle to the same place from which it was taken, check if no personal belongings are left in the motor Vehicle and check if the documents, fittings and accessories of the motor Vehicle are left.

8.2.9.  The motor Vehicle shall be returned and parked in the place in which it could be publicly accessed at any time. The Vehicles cannot be parked in:

8.2.9.1.     sites with the barriers (except for special parking areas in the airports marked in the Mobile Application);

8.2.9.2.     underground parking lots;

8.2.9.3.     private yards.

8.2.10.  Having left the motor Vehicle, the User shall choose the command “lock the Vehicle” in the screen of the Mobile Application. When leaving the motor Vehicle, the User shall undertake to ensure that it was locked, all windows and skylights were closed and all accessories of the motor Vehicle were left in the Vehicle.

 

8.3.      FUEL

 

8.3.1.  A fuel card is available in each motor Vehicle. The cards shall be the property of the Company. In case of use of the Fuel Card for the motor Vehicle, the price of the fuel shall be included in the Service fee paid by the User to the Company hereunder.

8.3.2.  Use of the Fuel Card for other vehicles of filling of fuel to any container using the Fuel Card shall be prohibited. If the User breaches the afore-mentioned prohibition, the Company shall, in all cases, report misappropriation of fuel to the police and the User shall be obliged to indemnify the Company against the losses incurred as a result of such unlawful use of the fuel and additionally pay the fees indicated in the Pricelist to the Company.

8.3.3.  The User shall be obliged to safekeep the Fuel Card and leave it in the motor Vehicle after stopping using it and, in case of loss of the Fuel Card, immediately notify the Company and compensate the losses incurred as a result of this.

8.3.4.  Only the Fuel Card available in the motor Vehicle may be used for refilling of fuel to the motor Vehicle.

8.3.5.  If the fuel reserve in the motor Vehicle decease up to 1/4 of the fuel tank, the User shall undertake to refill the fuel tank of the motor Vehicle in the nearest service station of the company which has issued the Fuel Card. The PIN code of the Fuel Card shall be indicated on the card.

 

8.4.      OTHER TERMS AND CONDITIONS OF USE OF A MOTOR VEHICLE

 

8.4.1.  The User shall be obliged to ensure that the motor Vehicles were used for their intended purpose, taking into account the procedure established herein, the manufacturer’s recommendations and operating instructions and in accordance with the requirements of the Road Traffic Regulations and other legal acts.

8.4.2.  The User shall not be entitled to use the motor Vehicle for racing or other sport or racing related purposes, use it as a training vehicle and use the Vehicle at constant increased load (carriage of heavy goods etc., except for freight Vehicles), use the motor Vehicle for the purposes for which it is not adapted, use the vehicle for carrying out the activities prohibited by the legal acts of the Republic of Lithuania.

8.4.3.  The shall be obliged to ensure that no one smoked in the motor Vehicles and if any animals are carried by the motor Vehicle, they must be carried only in specifically adapted transportation boxes. If anyone smokes in the motor Vehicle or if animals are transported by the motor Vehicle not in the specifically designated boxes or by breaching the established procedure, the User shall be obliged to pay the fees indicated in the Pricelist.

8.4.4.  The User shall be obliged to ensure that even in case of parking the motor Vehicle for a short time, the lights and the player were turned off, the windows, the skylight were closed, everything was locked.

8.4.5.  Any actions or attempts to read, copy, change or delete the data of the motor Vehicle system shall be strictly prohibited.

8.4.6.  At the end of the trip, the User shall undertake to park the motor Vehicle in the Parking Area. The User shall undertake to ensure that the motor Vehicle was not parked in the Vehicle parking spaces reserved for third parties and the Vehicle shall not be left in the place in which parking of the motor Vehicle is prohibited by road signs or road marking. The responsibility for violations of the Road Traffic Regulations and/or other legal acts parking of the motor Vehicle not in the right place shall fall within the User.

8.4.7.  If during the motor Vehicle Use Period the User parks the motor Vehicle in paid car parks, he shall pay for parking of the Vehicle by himself.

 

IX.        SETTLEMENT TERMS AND CONDITIONS

 

9.1.      The User shall pay to the Company the Service fee according to the Pricelist valid at the moment of use of the Vehicle.

9.2.      The Vehicle Use Period shall start to run in the Vehicle system from the moment of unlocking of the Vehicle and/or collection thereof from the Parking Area to the moment of actual return of the Vehicle to the Parking Area and locking thereof. The Service fee shall be calculated according to the Pricelist valid at the time of use of the Service.

9.3.      The Service fee for each kilometre covered by the motor Vehicle shall be calculated by multiplying the number of kilometres covered by the Vehicle by the price of one kilometre indicated in the Pricelist. The distance covered by a motor Vehicle shall be rounded up to the nearest kilometre.

9.4.      The Company shall, at its exclusive discretion, be entitled to provide a credit limit for the services, i.e. the maximum authorised outstanding amount for the services which may be accumulated by the User, to the User. The Company shall have the exclusive right to change the afore-mentioned credit limit, cancel, decrease or increase it at any time.

9.5.      The User shall be obliged to connect his payment card with his personal electronic account. The User shall be entitled to voluntarily connect more than one payment card and choose the card to be used for settlement for the services before starting every trip. The payment card connected to the electronic account must enable automatic debiting from the customer’s account connected with the card. The amount for the provided services shall be automatically debited from the afore-mentioned card. In the event of failure to debit the funds and/or insufficient amount of funds in the afore-mentioned card, the Service fee shall be automatically debited on the last day of the current month.

9.6.      The User shall be entitled to indicate the details for receipt of VAT invoices in his electronic account, near the linked payment card (or one of the linked cards). In such case, after choosing a payment card for settlement at which the details for issue of VAT invoices are indicated, a VAT invoice shall be sent after each trip of the User (return of the Vehicle to the Parking Area) by the e-mail indicated by the User. The effected payment for the services shall be recorded for the addressee of the VAT invoice.

9.7.      In case of a failure to debit the funds and/or insufficient amount of funds in the card, a new trip (or reservation) by the Vehicle shall not be possible till the amount is not paid and full settlement for all accrued payments is not made according to the Rules and the Pricelist.

9.8.      If the User fails to settle accounts for the provided services till the last day of the current month, the Company shall issue a VAT invoice for the services provided during the last month on the basis of the data available in the Electronic System and the Vehicle system and send it to the User by e-mail till the 5th (fifth) working day of the current month. The User shall also be entitled to review the issued invoices in his electronic account in the Mobile Application or on the Website. According to these Rules, the User shall be obliged to settle accounts for the previous month till the 10th (tenth) day of the current month. Having received the invoices, the User shall be obliged to check if the data indicated in the invoices is correct and notify of any noticed nonconformities within 5 (five) working days. The User shall be obliged to bring any claims related to information indicated in the invoices within 5 (five) working days from the date of receipt of the invoice. If the User fails to bring claims within the afore-mentioned time limit, the User shall be deemed to have accepted the issued invoice.

9.9.      If the User wishes to reissue/correct the invoice issued to him not through the fault of the Company (e.g. where the User indicates incorrect details or the invoice issued to the natural person is reissued in the name of the legal person), an additional fee for reissue/correction of the invoice indicated in the Pricelist shall be charged.

9.10.   If the User does not receive an invoice by e-mail till the expiry of the indicate due date, the User shall undertake to apply to the Company for receipt of the invoice. The User shall always download and check all issued invoices by logging in to his personal electronic account.

9.11.   In case where the User fails to settle accounts with the Company in a timely manner, the Company shall be entitled to authorise a debt collection company to carry out the collection actions or assign its right of claim to the debt collection company for collection of the User’s debt.

9.12.   The User shall undertake to pay any penalties (fines and default interest) and losses, compensations and other payable amounts to the Company not later than within 10 calendar days from the request unless the Rules provide for different time limits.

9.13.   The User shall undertake to pay to the Company the default interest at the rate of 0.05 per cent upon the delinquent amount for each day of delay to settle accounts.

9.14.   All and any fines indicated in the Rules or the Pricelist shall be considered as minimum indisputable losses of the Parties. Payment of penalties fines or default interest) shall not release the User from the duty to compensate all other losses of the Company not covered by the fine. In any case, imposition of the fines provided for herein shall not release the User from the duty to fulfil the established obligations.

9.15.   If in the course of use of the Services the User reaches the limit specified in the Pricelist, the Company shall be entitled to request the User to pay for the hire of the Vehicle and the services used by the User before the Company’s request before expiry of the time limit provided for in the contract. If the User fails to pay the afore-mentioned amount within the agreed time limit, he shall be obliged to return the Vehicle to the Parking Area and properly finish reservation of the Vehicle not later than within one hour from the Company’s request. Should the User fail to settle accounts or return the Vehicle to the Parking Area, the Company shall be entitled to block the User’s access to the Electronic System, block the use of the Vehicle (lock the ignition of the Vehicle) till the User covers the amount accumulated for the used services and report unlawful misappropriation of the Vehicle to the police.

9.16.   Before the User starts using a two-wheel vehicle, the Company shall be entitled to check if the funds in the payment card link to the Electronic System by the User is sufficient and reserve an amount of funds equal to EUR 5 (five Euro). At the end of the trip, the actual amount calculated according to the Pricelist shall be debited for the Services under the afore-mentioned procedure and if the earlier reserved amount is higher, the remaining reserved amount shall be returned to the card used by the User for settlement.

9.17.   If the User uses a motor Vehicle longer than 1 (one) day, the Company shall be entitled to initiate debiting the actual price of the Service calculated according to the Pricelist valid at the moment of the current reservation from the payment card connected to the User’s Electronic System. In case of failure to debit the funds and/or insufficient amount of funds in the above-mentioned card, the Company shall have the right to request the User to settle the accumulated amount within the additional period.

9.18.   The Company shall be entitled to suspend provision of the Services to the User, cancel the User’s trips (or reservations) and block the User’s access to the Electronic System if the User fails to comply with the procedure established herein. Furthermore, if the User fails to comply with or improperly complies with the Rules, the Company shall be entitled to request the User to eliminate a violation of the Rules within an additional time limit, which in any case shall be not more than 1 (one) hour, unless the Company specifies a longer time limit in a separate notice. In case the User fails to eliminate the violation of the Rules within the time specified in this paragraph, it shall be considered that after the expiration of the term of notice, the Vehicle hire term (reservation) shall also expire. Servicing of the notice of violation of the Rules, the non-removal of the violation within the set deadline and after the expiration of the term of notice shall be the legal facts based on which the Vehicle hire (reservation) shall expire and no separate notice regarding the Vehicle hire shall be provided. Upon expiry of the term of the Vehicle hire (reservation), the User shall immediately return the Vehicle to the nearest Parking Area. In case the User does not agree to fulfil or fails to fulfil the Company’s request within the time limit set by the Company, the Company shall be entitled to block the User’s access to the Electronic System and/or block the use of the Vehicle (lock the starting of the Vehicle) and not to allow the User to further use the Vehicle; the Company’s employee shall also be entitled to collect the Vehicle without participation of the User.

 

X.          FINAL PROVISIONS

 

10.1. These Rules shall come into force in respect of the User from the moment of confirmation of familiarisation therewith at the moment of the User’s registration in the Mobile Application.

10.2. The Company shall be entitled to unilaterally amend these Rules and the Pricelist by giving a 7 (seven) calendar days’ notice on the Website, the Mobile Application and sending the notice to the User by e-mail.

10.3. If after the moment of coming into force of the amendments to the Rules or the Pricelist of which the User is notified under the procedure prescribed in paragraph 10.1 hereof the User continues using the Vehicles on the basis of these Rules, he shall be deemed to have accepted the amendments made to the Rules or the Pricelist by the Company. If the User does not accept the afore-mentioned amendments, he shall be obliged to return the Vehicle to the Parking Area and properly finish the trip with the Vehicle, not to use the services described herein not later than till the effective date of the new Rules.

10.4. The Company shall be entitled to unilaterally assign all rights and duties arising out of these Rules to any third party related to the Company by giving a written notice to the User.

10.5. These Rules shall be constructed in accordance with and governed by the law of the Republic of Lithuania.

 

 

 

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