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Agreement

  1. Parties to the Agreement:
Lessor: Lessee:
SLYFOX SIA Name, Surname
40203025969 Personal code
LV40203025969 Date of Birth
Kungu iela 8, Rīga, LV-1050 Address
Vladimirs Reskājs, Valdes loceklis Phone No
+(371) 27 33 27 33 Mobile
LV70NDEA0000084839857 Email
Nordea Bank AB Latvijas filiāle  
NDEALV2X  
  1. Definitions
  • 2.1 Lessee – legally capable natural person indicated in the vehicle lease and services agreement (hereinafter – Agreement), 21 year old and possessing a valid category B driver’s license held for a minimum of 2 (two) years. Each time, when the Lessee registers with the vehicle search, reservation, use and payment services system (hereinafter - Mobile Application) and begins to use  a fuel propelled vehicle (hereinafter – Vehicle), he/she unconditionally confirms by the respective action, that he/she has the right to use the Vehicle under the conditions indicated in the Agreement and the terms and conditions for lease and provision of services (hereinafter - Terms and Conditions).
  • 2.2 Lessor – a Party to this Agreement, indicated hereto as the Lessor.
  • 2.3 Parties – collectively the Lessor and the Lessee; each of them separately as the Party, when avoiding distinguishing one of them.
  • 2.4 Agreement – this Vehicle lease and services Agreement, concluded between the Lessor and the Lessee, containing the conditions of this Agreement, the Terms and Conditions (Appendix A), List of Penalties (Appendix B) and the Privacy policy (Appendix C).
  • 2.5 Terms and Conditions – Terms and Conditions regarding lease and provision of the car sharing services (hereinafter - Services), which are confirmed by the Lessee by concluding this Agreement and which are an inseparable part of the Agreement indicated in the Appendix A.
  • 2.6 Vehicle – a fuel propelled Vehicle, which is provided by the Lessor to the Lessee for use, in accordance with the procedure and terms indicated in the Agreement and the Terms and Conditions.
  • 2.7 Vehicle Use Period – period of time from the Vehicle unlocking by the Lessee selecting command “Begin a Ride” on the screen of smartphone by using the Mobile Application of the Lessor, until returning the Vehicle to the location specified in the Terms and Conditions and selecting command “Finish Ride” on the screen of a smartphone by using the Mobile Application of the Lessor. Maximum term of one lease period is 24 hours.
  • 2.8 Vehicle System – an electronic system installed in the Vehicle, recording and delivering to the Lessor the location of the Vehicle, distance covered by the Vehicle, Vehicle Use Period, as well as other data in relation to the Vehicle and its use.
  • 2.9 List of Penalties - List of Penalties for improper performance or failure to perform the Agreement (including, but not limited to the Terms and Conditions) indicated in the Appendix B.
  • 2.10 Business Hours – business hours of the Lessor, i.e. time period from 9 AM to 5 PM Latvian time, from Monday to Friday, except for the public holidays, provided in the legal acts of the Republic of Latvia, as well as other exceptions indicated in the legal acts of the Republic of Latvia.
  • 2.11 Price List – fees for the Vehicle lease and Services, as well as other fees, all of which are provided in the Mobile Application.
  • 2.12 Mobile Application – Vehicle search, reservation, use, payment and other services system owned by the Lessor, which is managed by a smartphone. The Mobile Application may be downloaded free of charge from the App Store or Google Play platforms.
  • 2.13 Services – a car sharing Service provided by the Lessor, that include the Vehicle maintenance (major, current repairs, technical service) services, compulsory insurance against civil liability for the Vehicle’s holder and Vehicle insurance (CASCO), all other materials necessary for the exploitation of the Vehicle (e.g. fuel, oil, windscreen washing fluid).
  • 2.14 Site - Vehicle parking Site from where the Lessee takes the Vehicle and where returns it back. The Site list is provided in the Mobile Application.
  • 2.15 Home area - is a city within the boundaries of which the Vehicle can be leased and returned. Home area in this Agreement is Riga.
  • 2.16 Lease Fee – is a fee that the Lessee pays to the Lessor for the Services in accordance with the selected tariff in the Mobile Application Website.
  1. Subject Matter of the Agreement
  • 3.1 Under this Agreement, the Lessor undertakes to provide the Lessee with the right to temporarily use the Vehicle, and the Lessee undertakes to use the Vehicle in accordance with the Terms and Conditions indicated in the Agreement, as well as to pay the Lease fee. Maximum term of one lease period is 24 hours.
  • 3.2 Upon concluding this Agreement via Mobile Application, the Lessor confirms the login to the Mobile Application for the Lessee. The Lessee shall protect selected login and passwords’ data of the Mobile Application and shall immediately inform the Lessor if the data are lost or changed. The Lessee shall be responsible for security of such data.
  • 3.3 Vehicle reservation management procedure, Vehicle use procedure, Vehicle inspection conditions, Vehicle defects and incompatibilities conditions and other conditions related to the lease of the Vehicle and the Services are provided in the Terms and Conditions, which are an inseparable part of this Agreement and are published in the Mobile Application.
  • 3.4 After concluding the Agreement, the Lessee is entitled to perform operations in relation to reservation of the Vehicle by using the Mobile Application. This Agreement shall be considered as arrangement between the Lessor and the Lessee, evidencing that the Lessor’s and the Lessee’s actions performed by using the Mobile Application, shall have the same mandatory legal effect as the signature on written documents and shall be a permissible evidence in the court or any other disputes settling institution.
  • 3.5 Every Vehicle has a Vehicle ignition key, Vehicle registration certificate, agreement on insurance, insurance rules and the Circle K fuel card.
  • 3.6. Before starting to use the Vehicle, the User must inspect the Vehicle, and check if there are no detectable faults, externally visible or otherwise detectable irregularities or absence of attachments of the Vehicle indicated in Section 3.5, and if such are determined, the User shall inform the Lessor under the procedure determined in the Terms and Conditions. Otherwise, it shall be considered that the faults and irregularities have occurred during the period, when the User was using the Vehicle and the Lessee shall take the responsibility for such faults and irregularities.
  • 3.7. During the Vehicle Use Period, the Lessee can park the Vehicle in any parking site in accordance with the Road Traffic Rules. The lease is allowed to be completed by parking the Vehicle in the Site in the RP LLC Rigas Satiksme municipal outdoor parking R, A, B, C zones, and other Sites, which are indicated in the Mobile Application and located inside the coloured in green territory. In order to see the Sites, in the Mobile Application press on the parking symbol “P”.
  • 3.8 After using the Vehicle, the Lessee shall return the Vehicle to the Site location indicated in the Agreement and in the condition in which the Lessee received the Vehicle, subject to its ordinary tear and wear as specified in the Terms and Conditions.
  1. Vehicle exploitation conditions
  • 4.1. The Lessee shall use the Vehicle in a way appropriate to its intended purpose, with the care of an orderly and prudent owner, without contradicting the requirements of the Terms and Conditions and the Road Traffic Rules.
  • 4.2 The Lessee shall comply with the Vehicle exploitation requirements, instructions and recommendations of the Vehicle’s producer, Road Traffic Rules determined by legal acts and requirements of other applicable legal acts of the Republic of Latvia. The Lessee also undertakes to comply with the Vehicle exploitation requirements, which, even, though are not mentioned above, are considered ordinary for the use of such objects.
  • 4.3 The Lessee - shall immediately inform the Lessor and the respective state authorities (e.g. police, fire department, rescue service etc.) in case the Vehicle is lost, destroyed, damaged or breaks down, as well as if circumstances occur, that hinder the exploitation, use of the Vehicle and ensuring of ordinary exploitation conditions.
  1. Liability of Lessee
  • 5.1. The Vehicle is considered to be a source of increased risk, therefore, during the Vehicle Use Period the Lessee assumes the responsibility, which is similar to the responsibility of the manager of the source of increased risk.
  • 5.2 The Lessee is not liable for the damages of the Vehicle, that arose during the exploitation period and which are the consequence of a former exploitation or ordinary tear and wear of the Vehicle, provided that the Lessee immediately before the start of the Vehicle Use Period informed the Lessor by taking and sending the pictures of damages, misuse or defects that is prohibiting the Lessee enjoy Service via Mobile Application and carried out instructions provided by the Lessor.
  • 5.3 In case during the Vehicle Use Period the Vehicle is damaged or lost (including, but not limited to confiscation of the Vehicle), attachments of the Vehicle are lost or damaged (e.g. the ignition key), the Lessee shall pay the Lessor a penalty provided in the Agreement and compensate all the damages, costs and losses to the Lessor if they are not compensated by the insurance company that insured the Vehicle. If the Vehicle has been damaged, destroyed or lost (including but not limited to the Vehicle confiscation) due to the Lessee’s breach of the Road traffic rules or other legislation related with the road traffic and road safety, the Lessee shall fully indemnify all the losses and costs incurred by the Lessor.
  • 5.4 In case after the use of the Vehicle, it is dirtier than after the ordinary exploitation (both interior and exterior), the Lessee shall reimburse the costs of the Vehicle washing and interior cleaning.
  • 5.5 In case due to the fault of the Lessee, while using the Vehicle, or due to circumstances that occurred because of such use of the Vehicle, the Vehicle is confiscated, detained, or any other rights to the Vehicle are lost or restricted, the Lessee must perform all other conditions of the Agreement related to such Vehicle, until the Vehicle is returned to the Lessor. The Lessee must compensate all the costs and losses of the Lessor that incurred due to occurrence of the circumstances indicated in this Section of the Agreement.
  • 5.6 The Lessee shall perform the requirements of the insurance rules determined by the insurance company that insured the Vehicle. The insurance rules are present in every Vehicle.
  • 5.7. The Lessee assumes full liability for breach of legal acts of the Republic of Latvia. If the third parties turn to the Lessor in connection with any of the Lessee’s action during the Vehicle Use Period, the Lessor informs the Lessee of this fact. The Lessee shall within 10 (ten) working days indemnify the Lessor for the losses and costs incurred due to the Lessee’s actions. In case the Lessee exploits the Vehicle improperly or breaches this Agreement in any other way, which shall result in the Lessor incurring losses and costs (e.g. charges or penalties to state institutions, etc.) the Lessee shall reimburse such losses and costs to the Lessor
  • 5.8 In case the Lessee fails to properly perform the Agreement and/or provides incorrect representations, alongside other losses and costs, the Lessee must reimburse the losses and costs of the Lessor incurred due to debt recovery or other actions related to securing the performance of the provisions of the Agreement, including, but not limited to the costs of legal fees and debt recovery costs.
  1. Terms and Conditions of Payment
  • 6.1. When the Lessee logs in the Mobile Application for the first time, a tariff is granted with a deductible for damages EUR 300 (three hundred). Afterwards the tariff and deductible for damages can be changed in the Mobile Application. The Lessee pays the Lease Fee for using the Vehicle in accordance with the chosen tariff in the Mobile Application effective at the moment of reservation of the Vehicle.
  • 6.2 After completion of the lease or the end of 24 hours lease period, the Lessee shall immediately settle under this Agreement by using the payment card registered with the Mobile Application. Continuously using the Vehicle such a period of time, after which is reached the maximum one lease period range (see Agreement Section 3.1.), the Lessee shall immediately settle for the period of time for using the Vehicle, despite the fact that the lease of the Vehicle is still continued. The Lessee confirms that he/she has the right to use the payment card that he/she has registered with the Mobile Application and there are sufficient funds, in order to settle for the Services under this Agreement. The payment card registered with the Mobile Application must allow automatic withdrawals from the card-linked account. The Lessor has the right to withdraw amount indicated in the Agreement automatically if damage occurs to the Vehicle while using it on the Lessee's fault and the Lessee is obliged to cover other losses, costs and pay penalties under Agreement. The Lessee hereby agrees that the Lessor may reserve funds up to the amount of the total estimated charges with the payment card company and take any sums owed by the Lessee under the Agreement from the payment card registered with the Mobile Application. However, if money crediting fails or there are no sufficient funds in the card above, a new Vehicle reservation shall not be made and the Mobile Application account shall be temporarily blocked until the sum is paid and the Lessee has fully settled for all payments calculated upon the Agreement, Terms and Conditions, List of Penalties and Price list.
  • 6.3 Fees are calculated in accordance with the data in the Mobile Application and the Vehicle System. The Lease Fee includes the Vehicle parking in all RP LLC Rigas Satiksme managed parking zones. These are A, B, C, D, R zones. If Lessee needs to temporarily park the Vehicle in another place/zone, where a separate fee for parking is charged, the Lessee for the Vehicle parking pay independently.
  • 6.4 In case the Lessee fails to pay any sums under the Agreement, fails to settle, return the Vehicle to the Site or in case of any other breaches of the Agreement or the Terms and Conditions, the Lessor is entitled to block the Lessee’s access to the Mobile Application and block the use of the Vehicle (block the ignition of the Vehicle) until all the Lessee’s breaches are rectified.
  1. Validity and Termination of the Agreement
  • 7.1 This Agreement comes into force on the moment of its signing in the Mobile Application and will remain in effect for an indefinite period of time.
  • 7.2 Any of the Parties is entitled to unilaterally terminate this Agreement by a written notice delivered to the other Party via e-mail at least 30 (thirty) working days prior to the termination.
  • 7.3 The Lessor is entitled to immediately stop the performance of the Agreement, cancel the reservations of the Lessee, and block the Lessee’s access to the Mobile Application, if the Lessee does not comply with the provisions of the Agreement and the Terms and Conditions.
  • 7.4 The Lessor is entitled to unilaterally terminate this Agreement by a written notice delivered to the Lessee at least 5 (five) working days prior to the termination if the Lessee breaches the Agreement materially. The following shall be considered as such material breach of the Agreement (including, but not limited to): delay of payment of any amount due for more than 10 (ten) working days; repetitive failure to perform or improper performance of any of the obligations of this Agreement; in case the Lessee uses the Vehicle without complying with the Terms and Conditions or intentionally performs unfair actions that are detrimental or may cause harm to the performance of the Vehicle, its system and the Mobile Application.
  • 7.5 The Termination of the Agreement does not affect the validity of the provisions of the Agreement regarding dispute settlement procedure and other provisions, provided that such provisions in their essence remain valid after the termination of the Agreement.
  • 7.6 The Lessor shall have the right to cease the Agreement execution, cancel the Lessee’s reservations and block the Lessee’s access to the Mobile Application, if the Lessee does not observe Agreement and Terms and Conditions. In addition, if the Lessee does not fulfil or fulfils the Agreement or Terms and Conditions improperly, the Lessor shall have the right to demand the Lessee to return the Vehicle to the nearest Site within the term provided by the Lessor. If the Lessee does not agree or does not fulfil the Lessor’s requirement within the term set by the Lessor, the Lessor shall have the right to block the Lessee’s access to the Mobile Application, hinder using the Vehicle (block starting of the Vehicle), not allow the Lessee to continue using the Vehicle and the Lessor’s employee shall have the right to take the Vehicle without notifying the Lessee.
  1. General Provisions
  • 8.1 The Parties agree that the Lessor is entitled to unilaterally transfer all the rights and obligations arising out of this Agreement to any third person upon informing the Lessee in the Mobile Application.
  • 8.2 The Parties agree that this Agreement, confirmed in the Mobile Application, is considered concluded, valid and shall have the same legal effect as a signed paper version of the Agreement. The Agreement is considered as concluded from the Lessee registering in the Mobile Application. The Agreement (including the Terms and Conditions) is a binding document to both Parties.
  • 8.3 In case any provision of this Agreement is held as contradicting the legal acts of the Republic of Latvia or for any other reason becomes partially or fully invalid, the other provisions of this Agreement will remain in full force and effect.
  • 8.4 Any dispute, controversy or claim arising out of or relating to this Agreement, its breach, termination or validity shall be firstly settled by mutual negotiations in accordance with the principles of fairness, reasonableness and justice. If the Parties fail to agree by negotiations within 20 (twenty) working days since the receipt of a written suggestion to proceed negotiations or if any of the Parties decides that further negotiations are inexpedient, any dispute, controversy or claim shall be finally settled in the respective court of the Republic of Latvia at the residence location of the Lessor (contractual jurisdiction). The applicant may choose to finally settle any dispute, controversy or claim arising out of or relating to this Agreement, its amendment, violation, termination, legality, invalidity or interpretation in the Baltic Trade Arbitration (registration nr. 40003762437), in accordance with the rules of procedure of this arbitration, by one arbitrator appointed in the oral procedure.
  • 8.5 The conclusion of this Agreement, its performance, expiration, interpretation and dispute settlement are governed by the substantive and procedural laws of the Republic of Latvia.
  • 8.6 The terms and conditions of this Agreement may be changed by the Lessor unilaterally upon informing the Lessee of any amendments via e-mail (amended Agreement shall be published in the Mobile Application). For this reason, the Lessee is recommended to get familiar with the Agreement before the beginning of every lease of the Vehicle.

Approved on 27 April 2017 by the order of the members of the board of LLC SLYFOX

  1. SUBJECT MATTER OF THE TERMS AND CONDITIONS

  • 1.1 These Terms and Conditions regarding lease and provision of Services (hereinafter – Terms and Conditions) establish:
  • 1.1.1 Vehicle reservation procedure;
  • 1.1.2 Vehicle use procedure;
  • 1.1.3 Requirements and undertakings for the Lessee for reservation and using procedure of the Vehicles;
  • 1.1.4 Vehicle inspection conditions;
  • 1.1.5 Other conditions related to the use of Vehicle.
  • 1.2. These Terms and Conditions indicate the necessary information regarding the reservation and use of the Vehicle. While reserving and using the Vehicle, the Lessee must act in accordance with the criteria of reasonableness and fairness, must assure that the respective actions related to the reservation of the Vehicle are performed as expected with the care of an orderly and prudent owner.
  • 1.3 Regarding any issues in relation to the Agreement, these Terms and Conditions or the use of the Vehicle the Lessee may contact the representatives of the Lessor by: phone +371 27 33 27 33 (working hours daily 00 - 24) or email info@carguru.lv
  • 1.4 The Agreement is concluded in Latvian and English language. In the event of any conflict between the Latvian and the English version, the Latvian version shall prevail.
  • 1.5 The captions, titles, sub-titles and numbering set forth in these Terms and Conditions are for reading purposes only and shall not be taken into account when interpreting a specific clause.
  1. DEFINITIONS

  • 2.1 Lessor – LLC SLYFOX, reg. nr. 40203025969, VAT nr. LV402030259, legal address at Kungu 8, Rīga, LV-1050. Party to this Agreement, indicated hereto as the Lessor.
  • 2.2 Lessee – legally capable natural person indicated in the Agreement, 21 year old and possessing a valid category B driver’s license held for a minimum of 2 (two) years. Each time when the Lessee registers with the Mobile Application and begins to use the Vehicle, he/she unconditionally confirms by the respective action that he/she has the right to use the Vehicle under the conditions indicated in the Agreement and the Terms and Conditions.
  • 2.3 Parties – collectively the Lessor and the Lessee; each of them separately as the Party, when avoiding distinguishing one of them.
  • 2.4 Agreement – Vehicle lease and services Agreement, concluded between the Lessor and the Lessee, containing the conditions of the Agreement, these Terms and Conditions, List of Penalties and Privacy policy.
  • 2.5 Terms and Conditions – Terms and Conditions regarding lease and provision of Services, which are confirmed by the Lessee by concluding this Agreement and which are an inseparable part of the Agreement.
  • 2.6 Vehicle - a fuel propelled Vehicle which is provided by the Lessor to the Lessee for use in accordance with the procedure and terms indicated in the Agreement.
  • 2.7 The Vehicle Use Period shall commence, when the Vehicle is unlocked by selecting command “Begin a Ride” on the screen of smartphone by using the Mobile Application of the Lessor, and shall end upon returning the Vehicle to the Site location specified in the Mobile Application, Terms and Conditions and finishing the lease of the Vehicle by selecting command “Finish Ride” on the screen of a smartphone by using the Mobile Application of the Lessor. Maximum term of one lease period is 24 hours.
  • 2.8 Vehicle System – an electronic system installed in the Vehicle, recording and delivering to the Lessor the location of the Vehicle, distance covered by the Vehicle, Vehicle usage time, as well as other data in relation to the Vehicle and its use.
  • 2.9 List of Penalties – List of Penalties for improper performance or failure to perform the Agreement (including, but not limited to the Terms and Conditions).
  • 2.10 Business Hours – Business hours of the Lessor, i.e. time period from 9 AM to 5 PM Latvian time from Monday to Friday, except for the public holidays, provided in the legal acts of the Republic of Latvia, as well as other exceptions indicated in the legal acts.
  • 2.11 Site - Vehicle parking Site from where the Lessee takes the Vehicle and where returns it back. The Site list is provided in the Mobile Application.
  • 2.12 Price List – fees for the Vehicle lease and Services, as well as other fees, all of which are provided in the Mobile Application. The Lessor may change the Price List unilaterally upon announcing it in the e-mail.
  • 2.13 Mobile Application – Vehicle search, reservation, use, payment and other services system owned by the Lessor, which is managed by a smartphone. The Mobile Application may be downloaded free of charge from the App Store or Google Play platforms.
  • The Lessee must have a smartphone that is compatible with the technical requirements of the Mobile Application. For every download of the Mobile Application, the system automatically checks whether the smartphone is compatible with such requirements. The Lessor does not guarantee compatibility in that respect. The Lessee personally shall provide the possibility of mobile data connection and shall bear any data transmission costs which become payable to the Lessee's mobile service provider.
  • 2.14 Services – a car sharing Service provided by the Lessor, that include the Vehicle maintenance (major, current repairs, technical service) services, compulsory insurance against civil liability for the Vehicle’s holder and Vehicle insurance (CASCO), all other materials necessary for the exploitation of the Vehicle (e.g. fuel, oil, windscreen washing fluid).
  • 2.15 Home area - is a city within the boundaries of which the Vehicle can be leased and returned. Home area in this Agreement and these Terms and Conditions is Riga.
  • 2.16 User Account – the Lessee profile in the Mobile Application.
  • 2.17. Lease Fee – is a fee that the Lessee pays to the Lessor for the Services in accordance with the selected tariff in the Mobile Application.
  1. USER ACCOUNT AND USER DATA

  • 3.1 To be able to lease, reserve, and use the Vehicle, the Lessee:
  •    a) Must have entered the corresponding data in the Mobile Application, in order to establish the Personal Account or

  •    b) Have an active User Account with the payment method, which is accepted.

  • 3.2 In the User Account in the Mobile Application, the User account holder/credit card holder must match the Lessee, in both it should be one and the same person. The Lessee must keep the personal data he/she entered into the User Account in the Mobile Application up to date. This shall apply in particular to the Lessee's declared and real address, email address, mobile phone number, driver's license information and credit card information. If the data is demonstrably out of date (e.g. email cannot be delivered, mobile phone number is outdated), Lessor reserves the right to temporarily block such Lessee's account.
  • 3.3 Lessees are strictly prohibited from enabling any third party, who is not the Lessee, to drive Lessor Vehicles. In particular, it is not allowed to disclose the Lessee login data (user name, password) to any third party. This shall also apply if such third parties are other Lessees themselves. For every case of non-compliance, the Lessee shall pay a contractual penalty in the amount of EUR 250 according to the List of Penalties. The right to claim further damages shall remain unaffected. In this case, the contractual penalty shall be deducted from such further damages.
  1. USE OF THE MOBILE APPLICATION

  • 4.1 By signing the Agreement in Mobile Application, the Lessee shall provide his/her e-mail address which shall be considered as the Lessees identification code.
  • 4.2 Upon Lessee’s first registration with the Mobile Application, he/she shall create a password, which shall be used for further logins to the Mobile Application, register the payment card, which is verified, and pay the registration fee in the amount of EUR 1 (one), that is also the minimal amount of payment for one ride. During the payment card verification, additionally EUR 1 (one) may be reserved.
  • 4.3 Login to the Mobile Application is provided only to the respective natural person, the Lessee, therefore, the Lessee must preserve such data and must not disclose it to anyone.
  • 4.4 The Lessee must immediately inform the Lessor in case the Lessee loses the login data and such data becomes known to third persons to enable the Lessor to block such Mobile Application and prevent misuse. The Lessee shall be informed that the Mobile Application has been blocked. After the receipt of such notice, the Lessor shall immediately, but not later than within 8 (eight) Business Hours, provide the Lessee with a new login data.
  • 4.5 The Lessee shall ensure the compliance with all reasonable security measures, including, but not limited to anti-virus programs while connecting to the Mobile Application, and shall be liable for all the consequences, which arise due to insufficient security of the Lessee’s other systems.
  • 4.6 The provision of Services may be subject to restrictions and inaccuracies, that are outside of the Lessor’s control. This applies in particular with regard to the availability of mobile data services provided by mobile network operators, the mobile network, the positioning services by a global navigation satellite system and the internet access. These are limited to the service area of the respective mobile services provider’s radio stations. The unavailability of the mobile network may in particular cases cause specific Services to be unavailable because the required data transfer does not work. Also, these Services may be affected by atmospheric interferences, topographic conditions or obstacles (e.g. bridges, tunnels, buildings). The same applies for the positioning services based on the global navigation satellite system. Also the use of the internet may be subject to additional restrictions (e.g. network overload). Furthermore, temporary capacity shortages may be a consequence of load peaks of the services, the mobile or fixed line networks or the Internet.
  • Disturbances may also result from force majeure including strikes, lock outs and orders from public administration as well as from technical and other measures (e.g. repair, maintenance, software updates, enhancements) conducted at equipment of the Lessor, suppliers, other service and content providers as well as network operators that are required for a proper or improved provision of the services. The use of the Services via the Mobile Application may also be subject to limitations and inaccuracies due to the non-availability or interferences or disturbances of the Mobile Application of the compatible device (e.g. due to reasons of force majeure or due to technical or other measures like maintenance, software updates, enhancements for the Mobile Application).
  • 4.7 In case the security of software and data, which are necessary to use the Mobile Application, is violated, the Lessor, in accordance with the request of the Lessee, shall provide the Lessee with a new password, which shall be immediately changed by the Lessee.
  • 4.8 It is prohibited to read out, copy or manipulate the Mobile Application by means of information technology. Any non-compliance will immediately lead to the exclusion from the Agreement and the Lessee shall bear the costs of any damage resulting from non-compliance, if any.
  • 4.9. The Lessee shall, within the statutory limits, be liable for any damage caused by the loss of the smartphone within which the Mobile Application is available, in particular if a theft, a damage or a misuse of the Lessor Vehicle became possible as a result of such loss.
  1. RESERVATION MANAGEMENT PROCEDURE

  • 5.1 The reservation shall be performed by the Mobile Application. Advance reservation is available 20 minutes before the beginning of intended Vehicle use. To perform the reservation, the following actions must be executed:
  • 5.1.1 Login to the Mobile Application;
  • 5.1.2 Select the desired Vehicle;
  • 5.1.3 Confirm reservation of the Vehicle.
  • 5.2 Confirmation of the reservation shall be generated on the display of the Lessee’s smartphone.
  • 5.3 In case the Lessee does not start using the Vehicle during 20 minutes since the moment of confirmation of reservation, the reservation of the Vehicle shall be automatically cancelled.
  • 5.4 Time period for using the Vehicle, for which the Lessee shall pay the Lease, shall be calculated from the unlocking of the Vehicle reserved by the Lessee, until the termination of the lease of the Vehicle by using the Mobile Application and leaving the Vehicle at the location indicated in Sections 6.3.8 of these Terms and Conditions. Maximum period of the reserved Vehicle use is 24 hours. Reserved Vehicle maximum term of one lease period is 24 hours.
  1. VEHICLE USE PROCEDURE

  • 6.1 Vehicle use instruction
  • 6.1.1 The reserved Vehicle shall be unlocked by the Lessee upon selecting command “Begin the Ride” on the screen of the smartphone, by using the Mobile Application of the Lessor;
  • 6.1.2 Each time, before starting to use the Vehicle (before starting the engine), the Lessee must inspect the Vehicle (both interior and exterior), check if the tyres of the Vehicle are properly inflated, if the Vehicle’s fuel level is sufficient 25% of the fuel tank or more, also check if there are no externally visible damage, defects and incompatibilities of the Vehicle or its equipment, and if such are found, immediately, before using the Vehicle, the Lessee must inform the Lessor by phone or via Mobile Application by taking the picture, select the respective command on the screen of the smartphone, by using the Mobile Application of the Lessor;
  • 6.1.3 Inside the Vehicle the Lessee shall find an ignition key, a use instruction of Vehicle and insurance documentation. The Lessee shall check if all the documents indicated in the instruction, attachments and accessories of the Vehicle are present. If any of the aforementioned are missing or damaged, defected and have incompatibilities, the Lessee shall immediately, before using the Vehicle, inform the Lessor by phone +371 27 33 27 33 (working hours daily 00 - 24) or select the respective command on the screen of the smartphone, by using the Mobile Application of the Lessor;
  • 6.1.4 The Vehicle use should be started in the manner provided in the instruction, indicated in Section 6.1.2. and 6.1.3 of these Terms and Conditions, as well as in other sections of the Agreement.
  • 6.1.5 In case of temporary stopping, the Vehicle shall be locked and un-locked with the Mobile Application;
  • 6.1.6. After using the Vehicle, the Lessee must return the Vehicle into the Site, indicated in the Mobile Application, in the following zones: RP LLC Rigas Satiksme municipal outdoor parking R, A, B, C zones and other Sites, which are indicated in the Mobile Application and located inside the coloured in green territory. In order to see the Sites, in the Mobile Application press on the parking symbol “P”. The Vehicle shall be returned not later than up to the maximum period end, provided in the Terms and Conditions Section 5.4., starting with the beginning of the reserved Vehicle Use Period, or perform the payment in the Mobile Application and continue the Vehicle use;
  • 6.1.7 After arrival to the location indicated in Section 6.1.6 of these Terms and Conditions and getting out of the Vehicle, the Lessee shall select the command “Finish Ride” on the Mobile Application of the Lessor. The Lessee shall ensure that the Vehicle is parked in accordance with the Road Traffic Rules, other legal acts of the Republic of Latvia and security requirements, the Vehicle does not have both interior and exterior damages, the fuel level in the fuel tank is more than 25 % of the fuel tank, the Lessee did not leave any of his/her belongings in the Vehicle, the Vehicle ignition key and documents are in the interior of the Vehicle the Lessee shall clean the Vehicle interior and remove rubbish.
  • 6.2 Fuel
  • 6.2.1 A Circle K fuel card is in each motor Vehicle, the card is a property of the Lessor. The Vehicle refuelling Lessee perform independently, in any Circle K petrol station by using Circle K fuel card. The fuel price is included into the Lease fee paid by the Lessee to the Lessor upon this Agreement. The Vehicle must be refuelled only if the fuel in the motor Vehicle fuel tank is less than 25 % of the fuel tank volume;
  • 6.2.2 It is prohibited to use a fuel card to other vehicles or pour fuel to any other container by using a fuel card. In case the Lessee breaches this provision, the Lessor in all cases shall notify the police about the fuel embezzlement. Also, the Lessee shall indemnify the Lessor for this unlawfully used fuel and pay the fees specified in the List of Penalties;
  • 6.2.3 The Lessee shall secure a fuel card and leave it in the motor Vehicle upon finishing to use it, and in case of its loss, he/she shall immediately inform the Lessor of it and indemnify losses and costs incurred due to the loss;
  • 6.2.4 If fuel in the motor Vehicle decreases down to 25% of the tank fuel volume, the Lessee is obliged to fill the motor Vehicle fuel tank in the nearest Circle K petrol station, which the fuel card belongs to. PIN code of the fuel card is provided on the fuel card.
  • 6.3 Other terms for using the Vehicle
  • 6.3.1 The Lessee must ensure that the Vehicles are used for their intended purpose in accordance with the terms of the Agreement, producer’s recommendations and instructions for use, also in compliance with the Road Traffic Rules and requirements of other legal acts of the Republic of Latvia;
  • 6.3.2 The Lessee is not entitled to use the Vehicle for racing, other sports or other purposes of competitive nature, as well as to use the Vehicle in permanent increased load mode (carriage of heavy cargo etc.), for other purposes for which the Vehicle is not suited and to use the Vehicle to carry out activities that are prohibited under the legal acts of the Republic of Latvia;
  • 6.3.3 The Lessee is not entitled to use the Vehicle for vehicle tests, driving trainings or for transporting persons on commercial terms;
  • 6.3.4 The Lessee is not entitled to use the Vehicle to commit criminal offenses;
  • 6.3.5 The Lessee must ensure that there shall be no smoking inside the Vehicle and if any animals are to be carried in the Vehicle, such animals must be carried in a specially suited boxes, making sure that the Vehicle does not get dirty. If it is smoked in the motor Vehicle, pets are transported not in special transportation boxes or the procedure set has been breached, the Lessee shall pay fees provided in the List of Penalties to the Lessor;
  • 6.3.6 The Lessee is not entitled to carry more passengers than the number permitted by the Vehicle registration certificate;
  • 6.3.7 The Lessee must ensure that even if the Vehicle is parked only for a short period of time, the lights and player shall be turned off, the windows and sunroof shall be closed and all the locks shall be locked up via Mobile Application;
  • 6.3.8. After the completion of the Vehicle Use Period, the lease is allowed to be completed by parking the Vehicle in the Site in the RP LLC Rigas Satiksme municipal outdoor parking R, A, B, C zones, and other Sites, which is indicated in the Mobile Application and located inside the coloured in green territory. In order to see the Sites, in the Mobile Application press on the parking symbol “P”;
  • 6.3.9 The Lessee shall ensure that the Vehicle shall not be parked in private parking lots, yards and parking lots reserved for third party vehicles. The Lessee shall ensure that the Vehicle shall not be left in such places, where vehicle parking is forbidden by the road signs and road markings. The Lessee is not entitled to leave the Vehicle in the zones where signs “Forbidden to Stop” and “Forbidden to Park” are valid, also to breach the Road Traffic Rules of the Republic of Latvia in any other way. The provision which prohibits to leave the Vehicle in the signs “Forbidden to Stop” and “Forbidden to Park” validity zone is applicable in all cases, where below the signs are placed additional panels specifying or limiting the period of validity of road signs, i.e. the Lessee is not entitled to leave the Vehicle in the zones, where signs are valid and below the signs are placed additional panel specifying or limiting the period of validity of the road signs. The Lessee shall be held liable for breaches of the Road Traffic Rules and other legal acts of the Republic of Latvia, Agreement and these Terms and Conditions, for leaving the Vehicle at an improper place. The Lessee, who during the Vehicle Use Period parks the Vehicle in paid Vehicle parking lots, shall pay for the Vehicle parking himself/herself;
  • 6.3.10 Any actions or attempts to scan the Vehicle’s System data, copy, change or remove such are strictly forbidden

7. TERMS FOR THE END OF USE OF THE VEHICLE

  • 7.1 The Lessee must return the Vehicle in the condition, which is not worse than the one, when the Lessee received the Vehicle, subject to its ordinary tear and wear. In determining whether the Vehicle’s suffered tear and wear is ordinary, the Parties shall refer to the guide prepared by the Latvian Authorised Automobile Dealers Association and Latvian Leasing association which is published in the association’s website: http://www.autoasociacija.lv/files/konsolideta_instrukcija_nolietojumam.pdf (this guide shall be an inseparable part of the Agreement), and the requirements set by the state technical inspection rules. Alongside other damage, ordinary tear and wear shall not be considered:
  • 7.1.1 Parts being broken, deformed and otherwise damaged by mechanic or thermal means;
  • 7.1.2 Devices and equipment being out of order;
  • 7.1.3 Bodywork dents, paint layer cracks and vivid (paint layer damaged to the primer) scratches;
  • 7.1.4 Paint layer depreciation as a consequence of intense washing and cleaning of the Vehicle;
  • 7.1.5 Repair performed in poor quality and defects arising out of such poor quality repair;
  • 7.1.6 Bodywork windshields’ cracks;
  • 7.1.7 Bodywork windshields’ scratches, originating from messy use and cleaning of the Vehicle;
  • 7.1.8 Interior damage such as burnt or stained seats, broken plastic front panel parts, trunk hood, windows’ opening handles, etc.;
  • 7.1.9 Damaged geometry of bodywork.
  • 7.2 The Lessor is entitled to demand for return of the Vehicle at any time, in case the one lease period is longer than 24 hours; the Lessee uses the Vehicle dangerously and illegally and breaches these Terms and Conditions and the Agreement. In such case, the Lessee shall return the Vehicle to the Lessor, bringing the Vehicle to any location indicated in Sections 6.3.8 of these Terms and Conditions, no later than within 2 (two) hours since the moment of receipt of a demand from the Lessor (using the Mobile Application or by any other means permitted by the legal acts of the Republic of Latvia). In case the Lessee fails to return the Vehicle to the Lessor on time, the Lessor is entitled to block the control of the Vehicle, take back the Vehicle and report to the police.
  • 7.3 If the Lessee, after completion of the Vehicle lease or by demand of the Lessor, in the case provided in Section 7.2 of these Terms and Conditions, does not return the Vehicle in a proper manner, the Lessor shall at all times report to the police a Vehicle theft, contact other third parties and/or the Lessor shall have the right to block the ignition of the Vehicle.
  1. FAILURES AND DAMAGES OF THE VEHICLE

  • 8.1 In case the Vehicle breaks down, warning signals appear on the dashboard, suspicious side sounds may be heard and there is no possibility to continue exploiting the Vehicle safely, the Lessee must immediately cease using the Vehicle, inform the Lessor by phone regarding the aforementioned and perform further instructions given by the Lessor.
  • 8.2 In case the Vehicle is damaged due to a traffic accident or due to presence of any other circumstances, the Lessee shall immediately inform the Lessor and respective authorities (police, fire department, rescue service etc.), fill the traffic accident statement and perform other necessary actions in order to avoid or mitigate imminent damage to the Vehicle, people and property. Regarding advice on insurance and traffic accident statement filling call Lessor partner in insurance questions 8333 or +371 6709 4077.
  • 8.3 The Lessee may only leave the scene of the accident after:
  • 8.3.1 Acquisition of accident data by the police has been finished (or, where this is not possible, after the Lessor has been informed accordingly pursuant to this Section 8.2.);
  • 8.3.2 Measures to preserve the evidence and to mitigate the damage have been taken in consultation with the Lessor;
  • 8.3.3 Vehicle has been handed over to a towing company or otherwise safely deposited in consultation with the Lessor or has been removed by the Lessee.
  • 8.4 The Lessee must ensure that the Vehicle is no longer used in case it is broken and such further use may lead to greater damage, increase losses or pose a threat to road safety.
  • 8.5 In case the Agreement or Terms and Conditions does not determine any other time periods, the Lessee shall pay the liquidated damages, other losses and/or costs, compensations, invoices and other amounts to the Lessor no later than within 10 (ten) working days since the receipt of a demand.
  1. INSURANCE COVER

  • 9.1 The Lessor Vehicles are covered by the compulsory insurance against civil liability for the Vehicle’s holder and CASCO.
  • 9.2. When the Lessee logs in the Mobile Application for the first time, a tariff is granted with a deductible for damages EUR 300 (three hundred). Afterwards the tariff and deductible for damages can be changed in the Mobile Application. If the Lessor Vehicle is damaged whilst being used by the Lessee or if the Lessee causes any damage to the Vehicle, the Lessee in accordance with the chosen tariff in the Mobile Application has the obligation to pay a deductible for damages either EUR 0 (zero) or EUR 300 (three hundred).
  • 9.3 Notwithstanding the above, the Lessee will be made fully responsible for any damage, if the Lessee has acted grossly negligent or if the damage is otherwise not covered by the insurance policy provided, the Lessee is liable to pay for such damage in accordance with these Terms and Conditions, Agreement and List of Penalties. In this case, the reasons why the insurance company does not compensate the losses do not have any influence (unconditional deduction, non-insured event, etc.).
  • 9.4 In particular cases below, the insurance company, upon indemnification of the damage to the Lessor, shall acquire a right of recourse by recovering all paid indemnity from the Lessee if damage was caused to the Lessor’s Vehicle for the fault or actions of the Lessee. The Lessee agrees that he/she is aware of the cases when the insurance company obtains the recourse right to the Lessee, in particular:
  • 9.4.1 When damage was caused to the Vehicle when it was managed by the person not provided in the Agreement concluded between the Lessor and the Lessee, i.e. a driver is not a lawful user;
  • 9.4.2 When damage was caused to the Vehicle and the Vehicle user left the accident site before arrival of the police or other competent institutions in cases when participation of these institutions in the traffic accident site has been stipulated in law of the Republic of Latvia;
  • 9.4.3 When the Vehicle was stolen, damaged or destroyed as a result of leaving open windows or a roof window, or the door was left unlocked;
  • 9.4.4 When damage was caused to the Vehicle while it was driven by a foreigner who was provided with the Service of Vehicle lease and it turned out that the Lessee did not have a valid driver's license and the Lessor did not have a possibility to check the validity of the driver's license;
  • 9.4.5 When damage was caused to the Vehicle due to breaching the requirement by the Lessee, laid down in the Agreement concluded between the Lessor and the Lessee, to leave a used Vehicle secure in specified locations indented for traffic.
  1. REQUIREMENTS FOR PERSON’S USING THE VEHICLES AND RELATED UNDERTAKINGS OF THE LESSEE

  • 10.1 The right to take over and drive Lessor Vehicles shall be limited to individuals who:
  1. Have reached a minimum age of 21 years and have had a valid category B driver's license for cars for at least 2 (two) years;

  2. Carry valid driver's license during the term of the lease and comply with all Agreement and Terms and Conditions requirements;

  3. Have the User Account in Mobile Application that has been activated pursuant to Section 10.2.;

  4. Have an active User Account with Mobile Application and has been officially authorized by Lessor for the lease and return of Lessor Vehicles.

  • 10.2 Lessees who are individuals must validate their drivers’ license through the online validation process via Mobile Application according to the instructions provided by the Lessor.
  • 10.3 Having successfully validated the driver's license, Lessor shall activate such Lessee's User Account for a maximum of 36 (thirty-six) months. To activate the Lessee's User Account for another 36 (thirty-six) months, the Lessee shall again use the online validation process via Mobile Application according to the instructions. For non-EU/EEA/Swiss driver's licenses, the User Account shall be activated for a maximum of 6 (six) months after entry into the Latvia. If the Lessee fails to comply with this request, the Lessor may block such Lessee User Account.
  • 10.4 If the driver's license is withdrawn or lost, the right to drive the Lessor Vehicle shall immediately be suspended for the duration of the withdrawal or loss. The same shall apply for the duration of a driving ban. Lessee shall notify Lessor without undue delay of the suspension or limitation of their right to drive, any driving bans becoming effective or any temporary securing or seizure of their driver's license.
  • 10.5 The Lessee, driving the Vehicle, must be sober (a strict ban on alcohol (0.0‰) applies) and not under the influence of narcotic, psychotropic or other psychoactive substances.
  • 10.6 The Lessee during the Vehicle Use Period is required to comply with Road Traffic Rules and other legal acts of the Republic of Latvia.
  • 10.7 The Lessor reserves the right to reject the registration of a Lessee if there is reason to assume that he/she will not act in accordance with the Agreement and Terms and Conditions.
  1. LIABILITY OF THE LESSEE

  • 11.1. Since the beginning of use of the Vehicle (Section 6.1.1 of the Terms and Conditions) until the end (Section 6.1.7 of the Terms and Conditions), the Lessee is liable for the Vehicle, therefore, during the Vehicle Use Period the Lessee assumes the responsibility, which is similar to the responsibility of the manager of the source of increased risk. This shall include without limitation the theft of, damage to or loss of the Vehicle, its keys and accessories (including the fuel card). If there is no insurance cover under the Vehicle insurance, the Lessee shall indemnify Lessor the losses and costs incurred, which have arisen, if the third parties turn to the Lessor in connection with any of the Lessee’s actions during the Vehicle Use Period.
  • 11.2 In any case, application of penalties determined in the List of Penalties, Agreement and the Terms and Conditions does not release the Lessee from the obligation to perform undertakings indicated in the Agreement and the Terms and Conditions.
  • 11.3 Failure to execute the rights provided in the Agreement and the Terms and Conditions by the Lessee shall not constitute a waiver of such rights and partial execution of such rights shall not preclude further execution of such rights.
  • 11.4 In case the Lessee fails to inform the Lessor about the damage, defects and other incompatibilities of the Vehicle, its equipment and documentation until the actual use of the Vehicle, the Lessee shall be liable for all the latter unveiled damages, incompatibilities and defects of the aforementioned.
  • 11.5 The Lessee shall pay the Lease Fee for the selected tariff applicable at the commencement of the individual lease. The relevant tariff is displayed to the Lessee prior to each lease within the Mobile Application. The prices are end prices that include the applicable statutory value-added tax. The payment shall be due upon termination of the individual lease agreement.
  • 11.6 Upon the request of the Lessor, the Lessee shall pay the Lessor a penalty equal to EUR 30 (thirty) for non-performance or breach of any undertaking determined in the Agreement and the Terms and Conditions, provided that the List of Penalties or other provisions of the Agreement or the Terms and Conditions do not determine any different liability for the respective breach.
  • 11.7 In case the Lessee breaches the Road Traffic Rules and other legal acts of the Republic of Latvia, which results in additional actions being performed by the Lessor (e.g. forwarding police notices, invoices etc.), the Lessee shall pay the penalty set forth in the List of Penalties, as well as reimburse all the losses and costs of the Lessor incurred due to such breach.
  • 11.8 The Lessee confirms and agrees that all Lessee’s personal data kept by the Lessor may be transferred to public authorities, bailiffs and other persons for payments and debt collection purposes.
  • 11.9 In case the Lessee breaches the Terms and Conditions/Agreement, penalties determined in the List of Penalties shall be applied. The Lessee acknowledges that such penalty is modest, reasonable and agrees, that it should not be reduced because upon agreement of the Parties, such penalty is considered as minimal and needless of proof losses and costs of the Lessor, incurred due to the activities of the Lessee who breached the Terms and Conditions/Agreement.
  • 11.10 The Lessor is entitled to unilaterally amend the Terms and Conditions, the Lessee shall receive the notice about the amendments in the e-mail. Following notice of the Agreement or Terms and Conditions or List of Penalties amendment to the Lessee, the Lessee shall further use amended Agreement or Terms and Conditions. In case, the Lessee following the notice further on use the Services provided in this Agreement, it shall be considered that he/she agrees with the amendments above. If the Lessee does not agree with the amendment above, he/she shall, not later than within 4 hours of the Lessor’s request, return the Vehicle to the Site or properly complete the Vehicle reservation, cease using the Services provided in the Agreement and contact the Lessor.
  1. DEFECTS AND INCOMPATIBILITIES OF THE VEHICLE AND RELATED LIABILITY OF THE LESSOR

  • 12.1 The Lessor shall ensure that the Vehicle is in the working order and prepared for the exploitation.
  • 12.2 Vehicle defects that do not have and shall not have any influence in the near future to the road safety, as well as the defects that are not the consequence of an improper technical maintenance of the Vehicle by the Lessor, shall not be considered as defects.
  • 12.3 The Lessor is liable for the performance of undertakings indicated in the Agreement and must reimburse any direct losses of the Lessee, which were incurred due to improper performance of undertakings by the Lessor. The Lessor shall not be held liable for acts or omissions by local authorities or other third persons. Also, the Lessor shall not be held liable for losses that the Lessee incurred or may incur due to inefficient use of the Vehicle and losses that have arisen due to the Vehicle failing to meet the Lessee’s expectations. In any case, the Lessor shall not be held liable for any indirect losses and the losses, which are compensated under the Agreement, are limited to the amount, which would be paid by the insurance company that has insured the Lessor’s civil liability.
  • 12.4 The Lessor shall not be held liable for the losses of the Lessee that he/she suffered due to the fact that he/she could not use the Vehicle in the event of an accident or due to some other reasons outside the control of the Lessor.
  • 12.5 In case the Lessor fails to ensure the lease of the Vehicle, which was reserved by the Lessee (i.e. the reserved Vehicle or other Vehicle during the time of the reservation by the Lessee is not present at the location chosen by the Lessee or the Vehicle is technically unfit and unavailable to exploit) and such circumstances become known before the start of the Vehicle lease, unless the Parties agree otherwise, upon the Lessee’s notification of it to the Lessor, the Lessor, upon the Lessor’s choice (1) shall indemnify the Lessee taxi expenses agreed on the telephone (expenses shall be indemnified upon the invoice provided by the Lessee for the same sum) or (2) not later than within 1 hour, to deliver another Vehicle to the Lessee.
  • 12.6 In case the Vehicle breaks down and cannot be exploited further after the Lessee has already started using the Vehicle and unless the Parties agree otherwise, the Lessor shall return to the Lessee the whole Lease Fee paid by the Lessee for the respective ride.
  • 12.7 When the Lessor has an obligation to return any amounts to the Lessee, unless the Parties agree otherwise, such amounts shall be returned into the same payment card or bank account, from which the payment by the Lessee was made.
  • 12.8 The Lessor is entitled to unilaterally amend the Terms and Conditions providing a prior 10 (ten) working day notice in the Mobile Application and notifying the Lessee by e-mail and/or using the Mobile Application. The Lessee these amendments may accept or decline. In case, the Lessee following the notice further on use the Services provided in this Agreement and Terms and Conditions, it shall be considered that he/she agrees with the amendments above. In case, the Lessee following the notice does not agree with the amendments, the Lessee should contact the Lessor.
  • 12.9 Under any circumstances, the Lessor is not responsible for the Lessee’s items left in the Vehicle.
  1. FINAL PROVISIONS

  • 13.1 The Terms and Conditions form an inseparable part of the Agreement.
  • 13.2 The Lessor does not assume any risk or liability and is unconditionally released from such, in case the Lessee did not get familiar with the Terms and Conditions and the Agreement, although such option was granted to the Lessee.
  • 13.3 The Terms and Conditions may be amended by the Lessor unilaterally and the Lessee will be informed of any amendments via e-mail and/or Mobile Application. For this reason, the Lessee is recommended to get familiar with the Terms and Conditions before the beginning of every lease of the Vehicle.
  • 13.4. In case authorities of the Republic of Latvia adopt decisions by which taxes, fees or any other monetary obligations, which are included into the Agreement or Terms and Conditions or List of Penalties prices, related with charging of the Lessor’s provided Services and final price, the Lessor can change the Lease Fee but not more than affected by the changed circumstances. In such case, recalculation of the Lease Fee provided shall not be considered the change of the Lease Fee or Terms and Conditions of Service provision. Amendment of an informative data published in the Agreement, Terms and Conditions (e.g. contact information, telephone numbers, denomination of Services, etc.), shall be reported to the Lessee by the Lessor in advance.
  • 13.5 Each Party undertakes to inform the other Party in writing, by using the Mobile Application, no later than within 5 (five) working days if the registered residence address or other contact information provided in the Agreement changes.
  • 13.6 The capitalised terms used in these Terms and Conditions shall have the meaning ascribed to them in the Agreement, except when these Terms and Conditions clearly and unambiguously determine otherwise.

  Breach Penalty amount, EUR Explanation
1 Irreparably damaged navigation device and/or the Vehicle System due to Lessee’s fault 200 Navigation device and/or the Vehicle System are integral Vehicle components and essential  for the Lessor’s activities
2 Lost or damaged ignition key and/or documents of the Vehicle due to Lessee’s fault 200 After termination of the lease, the ignition key and documents of the Vehicle must be left in the Vehicle
3 Smoking in the interior of the Vehicle 100 Professional cleaning of the interior is required to remove the scent of nicotine
4 Fine for failing to comply with smoking ban inside the Vehicle 50 The Vehicles are essential for the Lessor’s activity
5 Transporting animals not in special transportation boxes in the interior of the Vehicle 100 Professional cleaning of the interior is required to remove dirt
6 Extra ordinary interior cleaning 150 Professional cleaning of the Vehicle in extra ordinary situations
7 Littering in the interior of the Vehicle 30 After termination of the lease, no litter, food, liquids and other items may be left in the interior of the Vehicle
8 The interior of the Vehicle and/or its parts are damaged Full coverage of all cleaning and repairing costs Reconstruction of the interior might require professional cleaning, repair and original parts
9 During the lease period the Road Traffic Rules and/or other legal acts are breached then the notice of such breach shall be sent to the Lessee after the termination of the lease 30 + penalty of third party according to penalty receipt The penalty consists of administrative costs of the Lessor and additionally the Lessee must pay separately the penalties imposed by the third persons for performed breaches
10 Activities involved in the re-notification of fines 25 The penalty is used to cover administrative costs of the Lessor
11 The Vehicle is passed to drive to a third party 250 Only the Lessee has the right to drive the Vehicle
12 The Lessee disclosed login data (user name, password) to any third party 250 Only the Lessee has the right to use his/her login data
13 Failure or delay to inform about the traffic accident 300 In case of the traffic accident Lessee must inform immediately the police, other authorities (if necessary) and the Lessor
14 Failure to comply with the instructions provided by the Lessor or the Lessor intervening operator (in the case of Vehicle fault, breakdown, accident, etc.) 250 The Vehicles are essential for the Lessor’s activity
15 The Vehicle is damaged or destroyed in a traffic accident due to the fault of the Lessee 500 +  Compensate all the damages and losses if they are not compensated by the insurance company The Vehicles are essential for the Lessor’s activity
16 The Vehicle is lost (including, but not limited to confiscation of the Vehicle)  due to Lessee’s fault  Compensate all the costs and losses if they are not compensated by the insurance company The Vehicles are essential for the Lessor’s activity
17 The Vehicle is not left in the Terms and Conditions indicated Site and the territory, in the territory of Riga city, with the fuel level, which is less than 25% of the fuel tank 30 The Vehicle must be transported to the nearest Site in Riga city
18 The Vehicle is not left in the Terms and Conditions indicated Site and the territory, outside the territory of Riga city, with the fuel level, which is less than 25% of the fuel tank 50 + covering the Vehicle’s transportation costs The Vehicle must be transported to the nearest Site in Riga city. The penalty amount consists of the penalty and the Vehicle transportation costs.
19 The Vehicle is and/or it is used outside the Republic of Latvia 500 The Vehicles cannot be used outside the Republic of Latvia
20 Inconsistency in the amount of fuel delivered and the amount of fuel introduced into the Vehicle 50 If Lessee is a diligent user, there should not be any inconsistencies
21 Refuelling with inadequate fuel 1000 The Vehicles are essential for the Lessor’s activity
22 The Fuel card is used for other vehicles or to pour fuel to any other container by using a fuel card 100 + the Lessee shall indemnify the Lessor  all the losses and costs The fuel card should be used for Lessor’s Vehicles only, in any other case the police will be notified about the fuel embezzlement
23 Loss or damage of the fuel card 50 + the Lessee shall indemnify the Lessor  all the losses and costs The penalty is used to cover administrative costs and/or losses of the Lessor
24 The Vehicle is left at an inadmissible place in Riga 30 + covering the Vehicle’s transportation costs The Vehicle must be left in Riga City, in place specified in the Agreement
25 The Vehicle is left in the Site with the lights on and/or open windows 50 The Lessee must ensure the security of the Vehicle
26 Driving the Vehicle under the influence of alcoholic, narcotic or psychotropic substances 1000 It is forbidden to drive  under the influence of alcoholic, narcotic, psychotropic substances

The Lessor takes the privacy of Lessee/User data very seriously. Data privacy and the protection of Lessee/User private sphere in the processing of data is an important concern to Lessor that the Lessor consider in its business processes. The Lessor process Lessee/User data exclusively on the basis of the applicable legal data protection regulations, in particular the European Union General Data Protection Regulation 2016/679 (as well as all binding legal acts of the Republic of Latvia).

1.     Collection, Processing and Use of Personal Data for the Fulfilment of the Agreement processes

The Lessor uses personal data including the data on the Vehicle use (such as beginning and end of the lease, driven distance in kilometres, location of the Vehicle at the beginning, at the end of the lease, and parking positions, Vehicle status as relevant for the lease Agreement, fuel consumption) to the extent required for the purpose of executing the contractual relationship with the Lessee. This also includes the use of the data to detect, correct errors and failures in the lease processes and overall operation.

2.     Lease processes executed by the Lessee are collected and stored and contains the information on the location of departure and destination, departure and destination time, kind and duration of the use and the driven distance in kilometres, while the Lessee has the User Account. This data can be viewed at any time in the Mobile Application. The data is also basis for the payment.

3.     Lessor reserves the right to determine the geolocation of the Vehicle if there are objective facts suggesting an emergency or serious violation of Agreement and Terms and Conditions (in particular theft, vandalism, leaving of the contractually agreed Home area of use) and the right to validate these facts and initiate support or other countermeasures. In case of a serious violation of Agreement a continuous geolocation localization and speed measurement may be performed, in particular in cases in which the Vehicle leaves the contractually agreed Home area (Section 2.15. Agreement) or the maximum lease duration is exceeded and the payment is not processed (Section 3.1.Agreement).

4.     If services of third parties are used within the scope of the lease or registration relationship, Lessor is entitled to pass on the Lessee’s personal data to said third party, insofar as this is required for the fulfilment of the Agreement with the Lessor.

5.     Lessor use the email address or mail address specified by Lessee to inform in accordance with the applicable laws of the Republic of Latvia about changes in products and Services that are relevant for the Agreement, and to send Lessee other information required by law.

6.     Other Uses of Personal Data

Any use of personal data beyond the use for the Agreement fulfilment will be made only to the extent, as Lessor is authorized for such under the laws of the Republic of Latvia or if Lessee have granted Lessor consent to such.

6.1  Passing on of Personal Data to Authorities

Lessor may pass on the Lessee's personal data to administrative and criminal prosecution authorities, to the extent as this is permitted under the laws of the Republic of Latvia.

6.2  Passing on of Personal Data in the Case of False Parking on Private Properties Lessor reserve the right to pass on the data required for contacting the respective Lessee (name, surname, address) to third parties, for bringing claims directly against the Lessee in the case third parties bring not obviously unjustified claims against Lessor, which result from parking violations on the private premises.

6.3  Identity Check

The Lessor may transmit the registration data specified by Lessee (last name, first name, street, building number, ZIP code, city and date of birth) to credit report agencies for the purposes of fraud prevention. This serves the purpose of verifying that the Lessee is registered or can be contacted at the specified address. A transmission can be made both on initial registration as well as upon a change of name or address. Furthermore, the Lessor reserve the right to conduct a repeated address verification in the case objective suspicions are held that indicate implausible specifications. The Lessor reserve the right to decline activation of the Lessee in the case the address verification returns a negative result.

6.4  Online Driver’s License Validation

If the Lessee participates in the offered online validation of his/her driver’s license, then the images created from the driver’s license by the Lessee himself/herself and the profile created by the Lessee himself/herself will be processed for the purposes of validating the driver’s license. The data required for validating the driver's license are extracted, the images compared (face match), and the received images are stored as a permanent record of the driver's license validation. A participation in the online validation is possible only if the Lessee has given his/her explicit consent thereto.

6.5  Use of Data for the Improvement of Customer Service

Lessor use Lessee data also for the improvement of the customer service. For example, Lessor retain requests received by customer service (e.g. by phone, email, letter or via social media channels) and the related responses along with the Lessee’s other profile data. This way, Lessor can respond better to queries or suggestions for changes, and inform the relevant Lessee, for example, also by email, as soon as a desired function or Service is available. In addition, Lessor also use the phone numbers and email addresses registered at Mobile Application to identify Lessee when customer service is contacted. This way, Lessor can process customer matters more expeditiously.

7.     Use of External Service Providers

In connection with the uses of the data according to this Data Privacy Policy, Lessor use the services of third parties. These service providers are obligated themselves to process the personal data exclusively according to the instructions and under the control of their internal standards. The Lessor is not controlling and is not liable for the internal processes of the third parties.

8.     Lessor use Lessee master data and data on use (such as age or the frequency of the use of our Services) for the purposes of creating statistical analyses and for the improvement of products and Services. For these purposes, the data is anonymized and also only processed in anonymized form.

9.     Revocation of Consent, Right to Object

Information revocations of the granted consents can be directed by regular mail address SIA SLYFOX, Kungu iela 8, Rīga, LV-1050 or by email address info@carguru.lv The Lessee can object to the use of his/her email address, data for advertising purposes and market research at any time, with effect for the future, by giving notice thereof to the aforementioned addresses. The revocation or the objection do not incur any costs other than the costs for the postal services. If the Lessee revokes his/her consent, Lessor can no longer tell the Lessee about news, promotions and special offers, also any granted consent to receive the newsletter will be withdrawn at the same time. Lessee can personally view certain data online and delete or change it if applicable. Should incorrect information be stored in spite of Lessor efforts to ensure the correctness and currentness of the data, Lessor will of course correct it promptly upon Lessee request.

10.     Data Security

Lessor use technical and organizational security measures to protect the data and manage from manipulation, loss, destruction and access by unauthorized persons. Lessor security measures are continuously improved according to the technological development.

11.     Revision Clause

Lessor reserve the right to change the present Data Privacy Policy and the Lessee will be informed of any amendments via e-mail and/or Mobile Application. Updated versions will be published in the Mobile Application. Lessee should check to see if an updated version is available before each reservation.