TERMS AND CONDITIONS OF PROVIDING THE SERVICE OF « ZELECTRA» LLC
FROM THE RENTAL OF A TWO-WHEEL VEHICLE WITH AN ELECTRIC MOTOR
1. GENERAL PROVISIONS
1. Limited Liability Company «ZELECTRA» (hereinafter – the Tenant) offers an indefinite number of individuals (hereinafter – Users) to use the service of renting a two-wheeled vehicle with an electric motor based on the Terms and Conditions set out below.
2. The Terms and Conditions for the provision of rental services for a two-wheeled vehicle with an electric motor (hereinafter referred to as the Terms and Conditions or the Agreement) is an accession agreement concluded in accordance with Article 634 of the Civil Code of Ukraine, namely: the terms of the Agreement (public part) are established by the Lessor and posted on the Internet on the Lessor’s website specified in the “Contact Information” section of this Agreement. This Agreement may be concluded only by the User joining the Agreement, namely by taking steps to register in the Mobile Application by creating his own account (User account), which is equivalent to his signing an application for accession to the Agreement (individual part of the Agreement or Application for accession).
3. The term of the Service Agreement is specified in the relevant section of the Terms and Conditions governing the procedure for providing such service unless otherwise specified in the Application for Accession.
4. The Terms and Conditions may be amended in the manner prescribed by law or this Agreement. Amendments to the Agreement are effective if they are made following the provisions of this Agreement or the requirements of the law.
5. Due to the User’s joining the Agreement (successful registration of the User in the Mobile Application), the Agreement is considered concluded.
6. The provision of services under the Agreement is possible only if the User agrees to the terms of this Agreement.
7. Joining the Agreement indicates that the User:
– is familiar with the terms of the Agreement and has received (copied) a copy of it in the version valid at the time of joining;
– he understands the content of the Agreement and all its terms;
– he agrees with all the terms of the Agreement and undertakes to comply with them;
– does not have any contraindications (including medical), obstacles, prohibitions or restrictions on concluding the Agreement and using two-wheeled vehicles (Scooters and Mopeds);
– has a driver’s license to drive a car/motorcycle or moped (for renting Mopeds);
– has expressed his free will to conclude the Agreement in accordance with its terms and conditions specified on the Lessor’s website by joining it in full.
8. The provision of services begins after the User registers in the Mobile Application by accepting (accepting) the terms of this Agreement, without its written signature by the Parties. Acceptance (consent of the User to conclude an electronic agreement) on the terms set forth in this Agreement is received in the event of successful registration of the User in the Mobile Application.
9. The User who has registered in the Mobile Application and provided his consent is considered to have familiarized himself with and agrees with the terms of the Agreement and joins it, and also acknowledges that the terms of the Agreement are binding on him.
2. TERMS AND DEFINITIONS
Account (user profile/account) – a set of information about the User provided by him through the mobile Mobile application and is a web portal (web page) provided by the Tenant and used by the User to manage their own information about the use of the Service, payment for Service, etc. (for example, name, address, means of communication of the User, settings of use of the Service).
Accessories are documents for the Scooter, a halmet, documents for the Moped and other accessories provided to the User and located in each Scooter/Moped respectively.
Acceptance – full and unconditional consent of the User to enter into this Agreement on the terms specified in this Agreement and registration of the User in the Mobile Application.
The luggage box is a place to store the accessories provided by the Tenant located at the back of each Moped.
Cost of services (tariff or price list) – payment, the amount of which is set by the Tenant for the provision of a certain amount of services for the User to access the Service.
Use – means the non-exclusive right to use the Service personally by the User under the Agreement, which cannot be transferred (delegated) by him to another person.
Agreement (or Terms and Conditions) – is an accession agreement and a public contract, which is subject to the rules of Chapter 58 of the Civil Code of Ukraine. The Terms and Conditions cover both the terms of use of the Service by the User and the rules for the safe use of the Scooter/Moped.
An accession agreement is an agreement, the terms of which are set by one of the parties in forms or other standard forms, which can be concluded only by joining the other party to the proposed agreement as a whole. The other party cannot offer its terms of the contract.
The consent of the personal data subject is any voluntary expression of the will of an individual to grant permission for the processing of his / her personal data following the stated purpose of their processing. Registration in the Mobile Application involves the consent of the subject of personal data to their processing.The Lessor – LLC “ZELEKTRA”, a legal entity registered in accordance with the current legislation of Ukraine, is the owner of the Service and provides the services specified in this Agreement.
The User – an individual over 18 years of age who has a driver’s license (for Moped rental) and has registered in the manner established in the Mobile Application, and to whom the Lessor has confirmed consent to provide the Service in accordance with the terms of this Agreement.
A mobile application is a computer program (mobile application) used to rent a Scooter/Moped.
The parking place is the place where the User receives and returns the Scooter/Moped.
Scope of services – the system of rates in monetary terms approved by the Tenant according to the terms of the Agreement and the rules of their application, according to which the amount of payment for the provision of services by the Tenant is determined.
Personal data – information or a set of information about an individual of the User, which is identified or can be specifically identified.
Payment card – an electronic payment instrument of the User in the form of a Visa, Visa Electron, Mastercard, Maestro bank card issued in accordance with the procedure established by law, which is used to initiate a transfer of funds from the payer’s (User’s) account or from the relevant bank account for the purpose of paying for the Services under the Agreement.
Presentation – means introductory (demonstrative) information provided by the Lessor to the User without additional payment, which is aimed at the safe handling of the Scooter/Moped and explains the terms of use of the Service under the Agreement.
Rental – means the time when the User uses the Scooter/Moped.
Fee – means the fee agreed upon by the Parties for renting a Scooter/Moped under the terms of this Agreement.
Driver’s license – a document certifying the right of an individual to drive a vehicle. A driver’s license can be issued by Ukraine or another country, provided that it can be used as an international driver’s license and allows you to drive vehicles in Ukraine.
The Service is the provision by the Lessor to the User of access to the Mobile Application on a paid basis, after the User has registered in accordance with the procedure established by this Agreement and the Mobile Application, as a result of which the User receives the opportunity to use the services of renting a two-wheeled vehicle with an electric motor (Scooter/Moped) in the amount provided for by this Agreement and selected by the User independently.
Registration is a registration process that must be completed in the Mobile Application in order to obtain the Lessor’s approval and become a User of the Service under the Agreement.
The Tenant’s Website is the Tenant’s website specified in this Agreement.
Scooter – a two-wheeled vehicle with (electric scooter or electric scooter) an electric motor with a capacity of less than 3 kW.
Moped – a two-wheeled vehicle with (electric moped) an electric motor with a capacity of less than 3 kW.
Rental period (term of use) – means the time agreed by the Parties, during which the User has the right to use the Scooter/Moped under the terms of the Agreement.
Personal data subject – a natural person whose personal data is processed in accordance with applicable law.
Helmet (safety helmet, motorcycle helmet) – a safety helmet owned by the Lessor and provided to the User for his safety while using the Service.
3. SCOPE OF THE CONTRACT
1. The Lessor, on the one hand, guided by the current legislation of Ukraine, offers an unspecified number of individuals (hereinafter referred to as the User or Users, together as the Parties, and each individually as a Party) to conclude this Agreement for the provision of services for the rental of a vehicle with an electric motor (electric scooter or electric scooter, hereinafter referred to as the Scooter) (electric moped, hereinafter referred to as the Moped) for the paid transfer of a vehicle with an electric motor (Scooter/Moped) for use (rental) for a certain (short-term) period on the terms set out below.
2. The subject of the rental is the Scooter/Moped chosen by the User.
3. The purpose of the rental is to satisfy the User’s own non-production household needs.
4. The territory of trips is determined by separate districts of the city of Kyiv, clearly defined by the Mobile application.
5. Rental period: daily, 24 hours a day, from 00:00 to 23:59 Kyiv time within the time selected by the User in the Mobile Application. The Lessor’s offer to use the Service under the terms of this Agreement is valid for Users during the specified rental period, but may be subject to restrictions under the terms of this Agreement and/or the provisions of applicable law (in particular, for the purpose of observing curfew).
6. The rental period may be limited by the battery life of the Scooter/Moped (depending on the charge level of its battery).
7. The minimum term of the Agreement (service) is 1 minute.
4. TERMS. RENTAL CONDITIONS
1. Purpose of the Agreement
4.1.1. In accordance with the terms of this Agreement, the Lessor undertakes to grant the User the right to temporary paid use of the Scooter/Moped, which includes the ability to use the Scooter/Moped in the area specified by the Lessor (within the limits specified in the Mobile Application), and the User undertakes to comply with the terms of this Agreement and pay for the use (rental) of the Scooter/Moped.
2. Use of the Service
4.2.1. The Service includes:
– use (rental) of the Scooter/Moped;
– charging and maintenance of the Scooter/Moped;
– installation of software (Mobile Application) related to the provision of services under this Agreement;
– use of the Mobile Application for registration (identification of the User) and billing (accounting and charging) of the Service in accordance with the terms of use of the Service by the User.
4.2.2 The Service is provided on a paid basis in the amount chosen by the User by providing the Tenant access to the Service.
3. Changes in the User’s right to access the Service
4.3.1. Use of the Service is subject to the User’s actions while using the Service under this Agreement. The Lessor reserves the right to change, limit or refuse to provide the Service to the User at any time and in any case provided for by the terms of the Agreement.
4.4 Terms of registration
4.4.1. The User has the right to use the rental item after familiarizing himself with the terms of this Agreement, the price list (Tariffs), successful registration in the Mobile Application, execution of the Act of Acceptance and Transfer of the Scooter/Moped, and payment for the entire rental period.
4.4.2 The User may use the Service only in person, except as provided in this Agreement (if any).
4.4.3 By agreeing to the terms of this Agreement, the User has the right to receive the Service, as well as to use the Mobile Application.
4.4.4. To use the Service, the User must comply with the following conditions:
– use a mobile device compatible with the Mobile Application;
– be at least 18 years old;
– grant permission to the Lessor to track the User’s movements while using the Scooter/Moped, as well as consent to the collection, processing and storage of his/her personal data for the purpose and to the extent necessary for the proper performance of the Agreement;
– have a driver’s license to drive a car/motorcycle or moped (for Moped rental);
– the User has sufficient experience to drive the Scooter/Moped;
– have an identity document (valid identity card or passport);
– be the owner of a Visa, Visa Electron, Mastercard, Maestro bank card;
– have funds on the card account (debit card);
– there must be no debts to the Lessor;
– all documents provided by the User must be valid and valid in Ukraine;
– ensure successful registration in the Mobile Application.
4.4.5. Successful registration in the Mobile Application and compliance with the acceptable conditions set out in this Agreement does not automatically result in the User receiving access to the Service. The Lessor reserves the right to verify the information provided by the User during registration in the Mobile Application and approve the User’s access to the Service at its sole discretion.
4.5 Registration procedure
4.5.1. The User registers using the Mobile Application, in which he/she indicates:
– a valid email address, a confirmation password from the Lessor and a valid mobile phone number;
– last name, first name and patronymic;
– a photo of a valid identity document (ID card, driver’s license or international passport);
– a photo of the driver himself/herself (selfie);
– registered place of residence in Ukraine;
– a valid Payment Card (including expiration date, year and CVV code).
4.5.2 The user is obliged to provide comprehensive and reliable information about himself during registration.
4.6. Assurances and guarantees
4.6.1. During registration, the User, indicating his consent to use the Mobile Application and the Service, ensures the provision of consent:
– with the terms (Policy) of confidentiality under this Agreement;
– with the price list for the Services under the Agreement (Tariffs);
– with penalties that may be applied to him for violating the terms of the Agreement;
– to the use by the Lessor of information and personal data received from the User;
– grants permission to collect, store and verify information about him and track his movements in space and time within the limits and volume necessary for the implementation of this Agreement;
– agrees to receive emails from the Lessor related to improving the terms of use of the Service, changes in tariffs, bonus programs, etc.;
– authorizes the Lessor to withdraw funds from the Payment Card for using the Service in accordance with the terms of the Agreement;
– unconditionally agrees to all other provisions of the Agreement, as well as the actions of the Lessor, stipulated by this Agreement.
4.6.2. By completing the registration in the Mobile Application, the User:
– confirms to the Lessor the validity of all provided information about himself and checks it in the electronic form in which it was sent to the Lessor;
– reviews the Presentation (if provided for by the Mobile Application);
– assures that he has sufficient experience to drive the Scooter/Moped;
– reports that he has received all necessary explanations for the safe use of the Scooter/Moped and all information communicated or provided by the Lessor (by making the Presentation, reading the conditions for the safe use of the Scooter/Moped set out in this Agreement and the Mobile Application) regarding the execution of this Agreement is clear to the User.
4.6.3. By using the Scooter/Moped in accordance with the terms of this Agreement, the User unconditionally agrees to comply with the procedure for using and using the Scooters/Mopeds set forth in this Agreement and the Mobile Application.
4.6.4. By using the Scooter/Moped under the terms of this Agreement, the User is aware of and assumes all risks associated with the consequences of such use, in particular, but not exclusively:
– the risk of an accident and causing harm to the User by third parties;
– the risk of an accident and causing harm to third parties by the User;
– the risk of imposing an administrative penalty on the User as a result of his violation of the Road Traffic Rules of Ukraine;
– the risk of the Lessor filing relevant, including property claims, against the User related to the illegal use of the Scooters/Mopeds, their damage and/or destruction; other claims related to the violation of the terms of this Agreement;
– the risk of third parties making property claims against the User related to causing property damage to the property of third parties and/or causing harm to their life and/or health.
4.6.5 Subject to compliance with all requirements of this Agreement, including the rules of safe use of the Scooter/Moped, compliance with the Rules of the Road of Ukraine, and subject to reservations due to circumstances beyond the control of the Tenant, the Tenant guarantees safe use of the Scooter/Moped following this Agreement.
4.7 Current account
4.7.1 The User must choose the method of payment (Payment Card) and specify the information required to pay for the Services.
4.7.2. The User grants the Lessor the right to charge payment for the Services provided from the User’s Payment Card, as well as to charge any fines, fees and other payments directly related to the performance of this Agreement and provided for by its terms.
4.7.3 The terms of payment for the Services in the Mobile Application may provide for the possibility of advance payment for the Services or making a cash deposit.
4.8 Other general conditions
4.8.1 Term of rental, amount and terms of payment for the use of the subject of rent, registration data of the Scooter/Moped, addresses of transfer and return of the Scooter/Moped, the amount of payment under this Agreement are agreed by the parties in the Acceptance-transfer Act. them in the Mobile application.
4.8.2. All terms of this Agreement are binding on both the User and the Lessor. Before starting to use the Service, the User is obliged to familiarize himself with the terms of this Agreement. If the User does not agree with the terms of this Agreement, he has no right to use the Service, and having started such use, he must immediately terminate it.
4.8.3 All changes and additions to this Agreement are published on the Tenant’s website by presenting this Agreement in a new edition.
4.8.4. The text and terms of this Agreement, information related to the terms of this Agreement (including, but not limited to, Tariffs, rules for safe use of the Scooter/Moped, procedure and rules for User registration, information about the User, procedure and conditions for payment, etc.), which is posted on the Lessor’s website and in the Mobile Application, is an integral part of this Agreement.
4.8.5. In the event of the User’s disagreement with the changes made by the Lessor to this Agreement or with new tariffs for the Service, the User must immediately stop using the Service.
5. CUSTOMER SERVICE
5.1 Transfer of the Scooter/Moped to use
5.1.1. The Scooter/Moped is transferred to the User immediately after the User takes actions indicating his signing of this Agreement, the Act of Acceptance and Transfer of the Scooter/Moped for Use (Rental) and making payment under this Agreement.
5.1.2 The place of transfer and return of the Scooter/Moped is determined by agreement of the Parties, the Scooter/Moped can be rented or accepted after the rental in a convenient place for the User within the territorial limits defined by the Mobile Application.
5.1.3. When renting a Scooter/Moped, the Lessor describes the technical condition and serviceability of the Scooter/Moped by scanning the QR code on the Scooter/Moped that the User has chosen for rental using the Mobile Application, using the Mobile Application’s advice, and taking photos of the Scooter/Moped, uploading photos of the Scooter/Moped to the Mobile Application. If the exterior appearance of the body, equipment, and other parameters of the Scooter/Moped rented are in doubt, before starting to use it, the User must contact the Lessor’s technical support or choose another Scooter/Moped (if available).
5.1.4. Scanning the QR code on the Scooter/Moped is equivalent to the User’s actions in signing the Act of Acceptance and Transfer of the Scooter/Moped for Use (Rental).
5.1.5. By scanning the QR code on the Scooter/Moped, the User confirms that he/she has received the Scooter/Moped in proper and working technical condition, fully equipped, with a clean body without signs of damage and with a charged battery. After receiving the Scooter/Moped for rent, the User’s claims regarding any noticeable defects are not accepted.
5.1.6. The Scooter/Moped is rented in a clean state and with a charged battery.
5.1.7. The User must notify the Lessor of any significant damage that may be detected on the Scooter/Moped before the trip, in particular:
– flat tire;
– body damage;
– damage to the luggage compartment or lack of a helmet (for Moped rentals);
– a faulty or missing mirror (for Moped rentals);
– damaged or bent brake levers;
– damaged seat;
– damaged stand;
– any damage that may affect the driver’s safety while driving.
5.2 Temporary parking
5.2.1 The user can temporarily park the Scooter/Moped both in the parking lot and outside it.
5.2.2 For temporary parking of the Scooter/Moped Tariffs may provide for a special fee.
5.3 Charging the battery
5.3.1 The life of the Scooter/Moped may be interrupted or terminated prematurely due to the full discharge of the Scooter’s/Moped’s battery.
5.4. The time required to charge the battery of the Scooter/Moped, the Tenant does not include in the payment as for the use of the Scooter/Moped under the Agreement.
5.5 Return of the Scooter/Moped from use
5.5.1. The User is obliged to return the Scooter/Moped at the end of the rental period in the condition and configuration in which it was transferred for use, as well as in a clean state.
5.5.2. The Scooter/Moped is returned to the Lessor after the end of the Rental Period at the location specified in the Scooter/Moped Return Certificate.
5.5.3 The actions taken by the User in the Mobile Application aimed at terminating the use of the Scooter/Moped are equated to the actions on signing the Act of returning the Scooter/Moped from the rental.
5.5.4 It is forbidden to leave the Scooter/Moped on the grass, sand, sidewalks, and outside the parking lot.
5.5.5 If the User delays the return of the Scooter/Moped for more than one battery charge without good reason, the Tenant has the right to impose a penalty for failure to comply with this requirement.
5.5.6. When returning the Scooter/Moped, the User must make sure that all documents, helmet (for Moped rental) and other Scooter/Moped accessories are in their places, there is no garbage or dirt in the Scooter/Moped.
5.5.7. If garbage or dirt remains after using the Scooter/Moped, the Lessor has the right to reimbursement at the expense of the User for the costs of washing (cleaning) the Scooter/Moped.
5.6 Accident, Scooter/Moped failure, theft, or vandalism
5.6.1 In the event of an accident, equipment failure, theft, or vandalism, the User must immediately notify the Tenant and act following his instructions.
5.6.2. If the Scooter/Moped is taken over or used by other persons, if the Scooter/Moped breaks down, if the Scooter/Moped is involved in an accident that causes injury to the User or third parties, or if the accident damages the property of third parties, the User must immediately (but no later than 1 hour) notify the Lessor, the police and the relevant rescue or emergency services, indicating the circumstances of the incident that occurred and must remain on site (if the injury sustained by the User does not prevent this) until the arrival of the police and/or emergency services (ambulance, fire and rescue service, etc.). If this is not prevented by the injury sustained by the User, the latter must assist the emergency services and police in establishing the circumstances of the accident that occurred, its causes, names and addresses of the victims and witnesses. The Lessor has the right to impose a fine on the User for failure to comply with this requirement.
5.6.3. In the event of an accident, the User must find out and notify the Lessor of the following information:
– date, time and place of the incident;
– photos of damaged cars (vehicles) and accident sites (if possible);
– identification information of all other vehicles involved (license plate, make and model);
– information about third parties involved (e.g., insurance policy number, name, address and phone number of the insurance company, etc.);
– contact details of third parties and owners of vehicles involved in the accident, if they are different (e.g., name, address, phone number, driver’s license number);
– contact information of witnesses (e.g., name, address, phone number);
– environmental conditions (e.g., ice, fog or clear weather, road surface condition, etc.);
– other circumstances (if any).
The User may not provide any information to the participants in the accident (road accident) without the prior written consent of the Lessor, in particular: any offers, promises of payment, settlements, refusals, releases, compensation or obligations to take measures in connection with what happened.
5.6.4. In the event of a violation of the rules for using the Scooter/Moped, the Lessor may call the User at the mobile phone number stored in his personal data to determine the reason for the violation of the rules for using the Scooter/Moped under this Agreement.
5.6.5. If there is suspicion of any violation, the Lessor has the right to prohibit the User from further use of the Scooter/Moped.
6. PROHIBITIONS AND RESTRICTIONS
6.1. Limitation:
6.1.1 The Service under this Agreement does not include the User’s right to use the Scooter/Moped for commercial purposes or transfer it for use by other (third parties).
6.1.2. The User has the right to drive a Scooter/Moped under the terms of this Agreement if he/she:
– has reached the age of 18;
– has a driver’s license (for Moped rental);
– his/her legal capacity and capacity is not limited by a court;
– has no medical contraindications to the use of two-wheeled vehicles;
– there are no other prohibitions that make it impossible for the User to conclude this Agreement;
– The use of Scooters/Mopeds is provided only in the territory specified by the Lessor (in accordance with the restrictions specified in the Mobile Application).
6.1.3. Use of the Scooter/Moped is carried out in strict accordance with the Rules of the Road of Ukraine and this Agreement.
6.2. Prohibitions on use
6.2.1. The use of the Scooter/Moped must be unconditionally and immediately terminated by the User in the event of:
– use of the Moped without using a protective helmet;
– violation of the Traffic Rules of Ukraine while using the Scooter/Moped;
– use of the Scooter/Moped while intoxicated or under the influence of narcotics, other potent drugs or psychotropic substances, dietary supplements that affect or may affect the driver’s reaction;
– if the User has medical contraindications to driving two-wheeled vehicles or any other prohibitions or restrictions on using the Service;
– if the User does not agree with the terms of the Agreement and/or the Tariffs;
– use of the Scooter/Moped for the User’s commercial purposes (as a taxi, for providing courier or delivery services, transportation of goods for commercial purposes, etc.);
– transfer of the Scooter/Moped to third parties;
– use of the Scooter/Moped outside the permitted area specified in the Mobile Application.
6.2.2. The Scooter/Moped User is prohibited from:
– riding without holding the steering wheel;
– carrying passengers or children;
– carrying cargo that protrudes more than 0.5 m in length or width beyond the dimensions of the Scooter/Moped, or cargo that interferes with driving the Scooter/Moped;
– moving on the road (carriageway) if there is a bicycle path nearby;
– turning left or turning around on roads with tram traffic and on roads that have more than one lane for movement in a given direction;
– moving on the road (riding) without a fastened protective motorcycle helmet (for Moped rental);
– towing the Scooter/Moped;
– push or tow any type of vehicle, trailer or any other object using the Scooter/Moped;
– teach other persons how to drive;
– transport animals of any kind;
– use the Scooter/Moped for competitions and performing any tricks;
– transport people or goods for remuneration or for providing taxi or delivery services;
– perform other actions (inaction) expressly prohibited by the Road Traffic Rules of Ukraine and this Agreement.
7. INSURANCE
7.1. The terms of the User’s life and health insurance while using the Scooter/Moped are regulated by the Zelectra service user support program, which provides insurance protection and concierge support 24/7 during the User’s trip. The maximum insured amount is:
– 100,000 UAH. – in case of death;
– 25,000 UAH. – in case of injury;
– 10,000 UAH. – in case of damage to life, health and property of a third party (the deductible is 5% of the insurance payment, but not less than 1,500 UAH).
7.2. If the User, as a result of driving the Scooter/Moped, causes an accident, injuries or damages to third parties, then the liability for such consequences, in case of exceeding the insured amount specified in clause 7.1. of the Agreement, is entrusted to the User, who independently resolves the issue of insurance against accidents, injuries or damages to third parties related to the use (driving) of vehicles, in particular, a Scooter/Moped, using the innovative Ensuria insurance service (with the support of the Uniqa insurance company).
8. TERMS OF PAYMENT FOR SERVICES
1. The User pays for the Service at the rates set by the Lessor in the Mobile Application and may additionally be posted in the Appendix “Tariffs” to this Agreement.
2. The Tenant reserves the right at its discretion to change the established rates and amounts of the guarantee deposit in the event of changes in market conditions or other significant circumstances. The User at his discretion in the Mobile application chooses the tariff and the amount of the cash guarantee deposit from the provided current ones, according to which he will pay for the Service.
3. Payment for the trip depends on the time during which the User uses the Scooter/Moped. Usage time is charged per minute.
4. The cost of telecommunication services (both for the use of the Scooter/Moped and for the use and access to the Mobile application) is paid according to the tariffs of the respective provider (operator), which is used by the Scooter/Moped and access to the Mobile application from the User’s mobile device
5. Payment for services is made on the terms of prepayment. In case of non-payment within the specified period, the Lessor suspends the provision of services. After payment, the provision of services to the User is automatically resumed.
6. By attaching a payment card to his account in the Mobile Application, the User confirms that he has the right to use the card for such purposes and other persons will not make any claims regarding the use of such payment card to pay for the Service and payments related to this Agreement.
7. The User is responsible for ensuring that the funds placed in the bank account and used using the payment card specified by him when registering an account in the Mobile Application are sufficient to pay for the costs associated with using the Service, as well as other costs that may arise in connection with the performance of this Agreement.
8. Due to the delay in payment/occurrence of unpaid debt for the use of the Services, the User must pay a penalty provided by the terms of this Agreement.
9. Tariffing and payment by the User of the Service are carried out through the Mobile application based on the Tariffs which are provided by this Agreement (its appendix).
10. The cash deposit made by the User through the Mobile Application is a subscription for the Service and is non-refundable.
11. The tariff is changed by placing a new version of the “Tariffs” application on the Tenant’s website and in the Mobile application.
12. The Lessor has the right to charge the User’s debt for trips made, as well as other expenses and/or losses incurred as a result of the User’s actions or inactions provided for in this Agreement, from the payment card attached to the Mobile Application.
13. The Tenant has the right to collect from the payment card attached to the Mobile Application, the amount equal to the User’s debt for the trips, as well as other costs and/or losses incurred as a result of actions or inactions of the User under this Agreement.
14. The Tenant has the right to assign the outstanding debt of the User under this Agreement to other persons. In this case, the consent of the User is not required. In this case, the User additionally covers the costs associated with the implementation by the Tenant of the assignment of the right of claim in full.
15. The terms of the Mobile Application may provide for the User to make a cash guarantee deposit as payment for the provision of the Service under the Agreement. The amounts of the cash guarantee deposit set by the Lessor in the Mobile Application are the price (cost) of the Scooter/Moped rental Service ordered (independently selected) by the User under this Agreement, which is paid by him before starting to use the Scooter/Moped. The User independently decides on the size and scope of the ordered and prepaid Service. If the User has started using the Service paid by him, he may use the amount of the security deposit paid by him at any time during the rental period at his discretion.
16. If the User did not use or for reasons beyond his control was unable to use the Service paid by him (did not make trips), the Lessor, after an appropriate check, must return to the User the money paid by him. The refund is made by the Lessor on the basis of an application submitted by the User, which is considered by the Lessor within 14 (fourteen) calendar days.
9. RULES TO BE FOLLOWED WHEN USING SERVICES
1. When using the Mobile Application, the User is obliged to carefully store and not disclose to other (third parties) the access data used in the Mobile Application – username and password (including other connection methods, if any).
2. If the User has reason to believe that his/her information (data) for accessing the Mobile Application has become known or accessible to other (third) parties, he/she must immediately notify the Lessor and request changes to the access data. It is prohibited to use the Mobile Application simultaneously with other smartphone applications.
3. In case of violation of the conditions of confidentiality of data on access to the Mobile Application, the Tenant is considered not responsible for the negative consequences associated with such disclosure to third parties of information about the User’s account in the Mobile Application and can not have negative consequences, including reimbursement.
4. The User assumes full responsibility, including material damages, direct and indirect losses, expenses and payment for the Service, for all actions performed in the Mobile Application through the compromised User profile. The Lessor has the right to impose a fine for failure to comply with this requirement.
5. By sending any information to the Tenant, including providing it to the Mobile Application, the User automatically confirms that such information is accurate, correct, and relevant. By sending the image of his / her own identity card to the Tenant, the User confirms that it is his / her identity card. The Tenant has the right to impose a fine for non-compliance with this requirement.
6. When attaching a document proving the User’s identity, its validity period cannot be less than 3 months from the moment the User’s document image is uploaded to the Mobile Application.
7. Before starting a trip on a Scooter/Moped, the User must always make sure that the relevant Scooter/Moped is in working condition and has no visible mechanical or other defects. However, if the User notices a defect, he must immediately notify the Lessor before the start of the trip, sending actual photos and a description of the defect.
8. Scooter/Moped travel is allowed in a certain area, which is marked in green in the Mobile application. It is forbidden to take the Scooter/Moped out of this area. The Tenant has the right to impose a fine for non-compliance with this requirement.
9. The Scooter/Moped must be parked only in the areas specified in the Mobile Application. The Lessor has the right to impose a fine for failure to comply with this requirement.
10. The Tenant will not reimburse the trip in full or in part if the User was unable to complete the trip on time in the Mobile Application due to problems with Internet coverage used by the User of the mobile device or other circumstances unless the Mobile Application failed due to the Tenant’s error. If the User has a situation when there is no zone or the Internet does not work, he is obliged to contact the technical support of the Tenant to resolve the situation.
11. The Scooter/Moped is available for daily trips for the period selected by the User in the Mobile Application. The User may ride the Scooter/Moped only for one battery charge, which means that if the User has not returned the Scooter/Moped to the Lessor after the end of the Rental Period, the Scooter/Moped is considered stolen. In this case, the User undertakes to reimburse the Lessor for the costs of purchasing a new Scooter/Moped at the market value of a similar Scooter/Moped at the time of its loss, including the purchase of relevant equipment, as well as lost profits and other costs incurred by the Lessor as a result of the violation of this Agreement, as well as the penalties specified in this Agreement.
12. The User has the right to use a payment card that belongs only to him and issued in the name of the User to pay for the Service. The Tenant has the right to impose a fine for non-compliance with this requirement.
13. The User is responsible for compliance with the Road Traffic Rules of Ukraine when using the Scooter/Moped, as well as for safe and reasonable driving. When driving the Scooter/Moped, the Lessor recommends using a protective helmet (motorcycle helmet).
14. The Lessor is not responsible for accidents or consequences associated with the use of the Scooter/Moped. The Lessor ensures the availability and rental of the Scooter/Moped, however, the Lessor is not responsible for the actions of the User with the Scooter/Moped.
15. Throughout the trip, the User assumes responsibility for the use and maintenance of the Scooter/Moped, as well as for any damage and injury caused to the Scooter/Moped during the trip.
16. If during the trip there is mechanical or other damage to the Scooter/Moped through the fault of the User, the latter covers all costs incurred by the Tenant in this regard, including the purchase of a new equivalent Scooter/Moped and related equipment, as well as lost profits. The Tenant has the right to impose a fine for non-compliance with this requirement.
17. When using the Scooter/Moped, the User is prohibited from being under the influence of alcohol or other intoxicants (drugs, precursors, as well as potent drugs or dietary supplements), which are prohibited for use by drivers or whose use reduces the User’s reaction as a driver. If it is established that the User was under the influence of these substances while using the Scooter/Moped, the Tenant has the right to impose a penalty for non-compliance with this requirement.
18. The user may not carry children, more than one passenger or bulky items on the Scooter/Moped. The maximum weight that can be transported on a Scooter/Moped is 120/160 kilograms respectively. The Tenant has the right to impose a fine for non-compliance with this requirement.
19. The Scooter/Moped can be used only for personal (non-commercial) use by its purpose.
10. RIGHTS AND DUTIES
10.1. In addition to the rights provided for in this Agreement, the Lessor undertakes to:
– provide the User with Services in accordance with the amount of Services paid by the User;
– notify the User of interruptions in the Service and amendments to the terms of this Agreement;
– transfer the Scooter/Moped to the User in technically sound condition;
– provide the User with complete and reliable information regarding the rental conditions, the condition of the Scooter/Moped, as well as other information relating to this Agreement, the Scooter/Moped and its technical operation;
– carry out maintenance, necessary repairs, regular technical inspections of the Scooter/Moped at its own expense, except in the case where damage to the Scooter/Moped occurred through the fault of the User.
– if the Scooter/Moped is found to be unfit for operation through no fault of the User, the Lessor undertakes to replace it with another Scooter/Moped or reimburse the User for the relevant expenses.
10.2. In addition to the rights provided for in this Agreement, the Lessor has the right to:
– refuse to conclude an Agreement with the User for the reasons specified in this Agreement;
– terminate the provision of Services under this Agreement until they are fully paid for by the User;
– change the procedure for providing Services and their cost without re-concluding this Agreement;
– disclose any information related to this Agreement at the request of authorized bodies and in the manner expressly provided for by the current legislation of Ukraine, as well as in the event that such disclosure is necessary to protect the rights of the Lessor and to ensure the normal functioning of the Service;
– make a contractual debit of funds from the User’s payment card in the amounts provided for in this Agreement;
– demand from the User payment for the Services under this Agreement, compensation for losses and expenses caused by the User’s violation of the terms of this Agreement in full;
– to recover losses, expenses and debts, as well as in any other cases related to the use of the Scooter/Moped, the Lessor may contact the police, other law enforcement and judicial authorities, enforcement bodies of court decisions and other (third) persons;
– terminate this Agreement unilaterally and demand the return of the Scooter/Moped if the User violates the rules for operating the Scooter/Moped, has not paid for the use of the Scooter/Moped, does not comply with the terms of the Agreement, is outside the permitted territory, in case of reporting inaccurate information about himself when concluding this Agreement, as well as for other reasons that are significant and may cause damage to the Lessor in the future. In this case, the Lessor unilaterally, without any prior notice, has the right to withdraw the Scooter/Moped regardless of its location. Payment for unused rental days in this case is not returned to the User;
– The Lessor has the right to refuse the User to extend the Agreement.
10.3. In addition to the rights provided for by this Agreement, the User undertakes to:
– accept the Scooter/Moped, check its general condition and notify the Lessor of any defects found, return the Scooter/Moped at the end of the rental period in the condition and completeness in which it was accepted. If the User does not check the serviceability of the Scooter/Moped at the time of rental, the Scooter/Moped is considered to be transferred in proper condition;
– use the Scooter/Moped for its intended purpose and for the purpose specified in this Agreement, do not use the Scooter/Moped in sports competitions, as a taxi, courier delivery or cargo transportation, as well as for training, do not use on roads that do not have a hard surface;
– do not allow the Scooter/Moped to be driven while in a state of alcoholic, narcotic, toxic intoxication, or in a sick state, when overtired, as well as under the influence of medications, dietary supplements that reduce the speed of reaction and attention.
– pay for the Lessor’s services on time in the amount, manner and within the terms/time limits stipulated in this Agreement;
– ensure the safety of the Scooter/Moped from the moment of its receipt and until its return to the Lessor;
– comply with the terms of this Agreement;
– do not resell or provide the results of the Services under this Agreement to third parties;
– to familiarize yourself with this Agreement, the terms and conditions of the selected services before each use of the Scooter/Moped, to comply with and unconditionally fulfill their requirements;
– to keep secret all network details (logins, passwords) for access to the User’s account.
10.4. The User is obliged to immediately notify the Lessor (no later than one hour) of the loss, possession by other persons or damage to the Scooter/Moped, and to act in accordance with the current legislation of Ukraine, this Agreement and instructions received from the Lessor. In case of detection of technical malfunctions during use, the Lessor must also be notified. In case of damage to the Scooter/Moped, the User is prohibited from disassembling and/or repairing the Scooter/Moped without the consent of the Lessor, as well as changing the design of the Scooter/Moped and the manufacturer’s parameters. The User is prohibited from tuning the Scooter/Moped. In case of violation of this condition, the User shall compensate the Lessor for the losses caused to the Lessor (poor-quality repair, removal of tuning elements).
10.5. In addition to the rights provided for in this Agreement, the User has the right to:
– receive information about the Services, tariffs;
– refuse to receive letters from the Service;
– to withdraw from this Agreement and return the Scooter/Moped to the Lessor at any time in accordance with the terms of this Agreement.
11. MAKING CHANGES, SUSPENSION, AND TERMINATION OF THE AGREEMENT
1. This Agreement shall enter into force for the Parties from the moment of registration of the User in the Mobile Application, shall be deemed concluded for an indefinite period and shall be valid until its termination at the request of one of the Parties or with their consent, in accordance with the procedure provided for in this Agreement.
2. The terms of this Agreement are unlimited. Either Party may terminate it
3. The Agreement may be unilaterally terminated by the Tenant and the User under the terms of this Agreement.
4. If the User wishes to completely refuse the services of the Lessor and terminate (terminate) the Agreement, he must delete his account in the Mobile Application by sending a corresponding electronic message using the Mobile Application or by sending a request to the Lessor’s email address. After that, the Lessor’s administrators will delete all information about the User’s account. The Agreement is considered to be terminated (terminated) early at the User’s request if the following conditions are met: sending the User’s corresponding notification of termination (termination) of this Agreement and the absence of debt for the Services provided. Termination (early termination) of the Agreement at the User’s request must be confirmed by a corresponding electronic message from the Lessor, to which the corresponding notification via the Mobile Application is equated.
5. The Lessor reserves the right to refuse to confirm the User’s status as a user of the Service, which gives the right to rent a Scooter/Moped, and in the case of providing access to the User – to terminate such access to the Service in the following cases, in particular, but not exclusively:
– provision (entry) of incomplete, outdated or inaccurate information when registering an account in the Mobile Application;
– non-compliance of the User’s identity with the requirements under this Agreement (absence/deprivation of driving license, lack of funds, etc.);
– violation by the User of the terms of this Agreement during the previous use of the Service;
– for reasons of safety of the User and those around him;
– to protect the legitimate interests of the Lessor;
– for any other justified reasons.
6. The Tenant reserves the right to refuse to confirm the User as a user and/or access to the Scooter/Moped rental without explanation for the entire period of use of the Service without prior notice.
7. The Agreement may be terminated or suspended due to the discharge of the Scooter’s/Moped’s battery selected by the User.
8. The Lessor has the right to immediately terminate the Agreement unilaterally and demand compensation for damages if the User fails to comply with the terms of this Agreement. In other cases, the Parties may unilaterally terminate the Agreement provided that full payments are made between the Parties for the Services provided under this Agreement.
9. The Tenant reserves the right to unilaterally amend this Agreement.
10. Amendments to this Agreement (including Tariffs) are made by posting an updated version of the agreement on the Tenant’s website and in the Mobile Application.
11. Additionally, the User will be notified of any changes to the Agreement by receiving a notification to the e-mail address specified by the User.
12. Changes to the Agreement shall enter into force from the moment of their publication on the Lessor’s website and in the Mobile Application, as well as after the specified e-mail notification is sent to the Users. By continuing to use the Service, the User confirms that the current version of the Agreement is acceptable to him and that the User agrees with its (the Agreement’s) terms. For this reason, it is the User’s duty to familiarize himself with the current version of the Agreement before the start of each trip (use of the Service).
13. Use of the Service is carried out by the User voluntarily. If the User does not agree with this or an updated version of the Agreement, he must immediately stop using the Service.
14. In the event of an erroneous sending of an acceptance of the offer to conclude this Agreement (acceptance), changes to this Agreement shall be made by sending the User a corresponding notification about the suspension of the use of the Scooter/Moped via the Mobile Application. Changes to the Agreement shall be made on a case-by-case basis, subject to the Lessor verifying the authenticity of the error and the absence of actual provision of the service to the User.
12. RESPONSIBILITIES OF THE PARTIES
1. For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable following this Agreement and the current legislation of Ukraine.
2. For non-fulfillment or improper fulfillment of the undertaken obligations, the guilty Party shall reimburse the other party for damages and pay a penalty, other costs related to the restoration of the rights of the injured Party (court fees, legal assistance costs, debt collection costs, etc. ) in the cases and amounts provided for in this Agreement.
3. The User shall be liable to the Lessor for any damage caused to the Scooter/Moped in the cases established by this Agreement. Damages shall mean losses incurred by the Lessor in connection with the destruction, theft or damage to the Scooter/Moped or its individual parts (details, components), as well as expenses that the Lessor must incur to restore its violated right. Damages also include income that the Lessor could actually receive under normal circumstances if its right had not been violated. The User’s unlawful conduct (culpable acts) consists in the violation of the obligations stipulated by this Agreement, the violation of the Road Traffic Rules of Ukraine, which led to an accident. A breach of the Agreement shall be its failure to perform or its performance in violation of the conditions specified in the content of the Agreement (improper performance).
4. In case of damage to the Scooter/Moped due to violation of the rules of its operation or other intentional or unintentional actions of the User, loss of components or additional equipment, damage to tires and wheel disks, and other components and assemblies of the Scooter/Moped, the User shall compensate the Lessor for the damage caused by these actions in full. The amount of compensation for loss (damage) of the components of the Scooter/Moped is indicated in the Act of return of the Scooter/Moped from the rental, to which the relevant actions of the Parties in the Mobile Application are equated, and is subject to payment on the day of return of the Scooter/Moped.
5. If the User has not notified the Tenant in due time about the accident or other insured event (theft, actions of third parties, etc.), which resulted from the refusal of the insurance company to make a payment, or in cases of driving a Scooter/Moped in a state of alcohol, drugs or toxic intoxication, driving a Scooter/Moped by a person not defined by the Agreement and not having a driver’s license, in case of gross violation by the User of the Rules of the Road of Ukraine or misuse of the Scooter/Moped, which also caused the refusal of the insurance company to make a payment, such User is fully liable to The Tenant in the number of damages.
6. The user, due to whose fault the Scooter/Moped is being repaired, undertakes, at the Tenant’s request, to reimburse the latter for the lost profit, which is defined as the amount of payment for the use of the Scooter/Moped for each day the Scooter/Moped is repaired. The costs of transporting the Scooter/Moped to the Service Station of the Tenant or another place specified by the Tenant shall be borne by the User.
7. In the event of an accident, theft and/or unlawful actions of third parties regarding the Scooter/Moped, the User must immediately (within 1 hour) notify the Lessor and assist the Lessor in investigating the circumstances of the incident that occurred.
8. The amount of damage caused to the Scooter/Moped is estimated at the Lessor’s service station according to the prices of specialized stations. In the event of the User’s disagreement with the amount of calculated damage, he has the right to contact an expert institution to determine the amount of damage at his own expense. In the event of a breakdown of the Scooter/Moped as a result of an accident, other events that made it impossible to drive the Scooter/Moped and due to the User’s fault, the cost of transporting the Scooter/Moped to the Lessor’s location is borne by the User at his expense.
9. The User is responsible for violating the Traffic Rules of Ukraine and pays (reimburses the Lessor) the relevant fines incurred through his fault. Violations by the User of the Traffic Rules of Ukraine, which are recorded automatically during the period of validity of the Agreement with such User, are subject to payment by the violator together with all accrued penalties. In the event of receiving a resolution on an administrative offense, the Lessor shall transfer the relevant data of the User together with this Agreement to resolve the issue of imposing a fine on the violator, and shall also take all necessary actions to prove the fact that the Scooter/Moped was driven by the User at the time of the offense. In the event that the police draw up materials on administrative offenses in the field of ensuring road safety, recorded not automatically, the User shall transfer the relevant protocols (their copies) to the Lessor and pay the fine.
10. The User is obliged not to exceed the speed limit established by the Road Traffic Rules of Ukraine. If the User systematically (two or more times) violates the established speed limit in populated areas by more than 20/45 km/h, respectively, in residential and pedestrian zones by more than 14 km/h, and outside populated areas by 20/45 km/h, respectively, the Lessor has the right to charge a fine for each case of such violation.
11. For non-fulfillment of the obligations under the Agreement, the User pays a penalty (fine / penalty) in the cases provided for in the Annex to this Agreement.
12. Payment of the penalties provided by this Agreement does not release the User from compensation for material damage, losses, and lost profits that may be incurred by the Tenant as a result of the fault of the User.
13. Disputes arising between the Parties during the performance of this Agreement shall be resolved through negotiations.
14. The order of the decision and consideration of claims of the User. User claims are accepted orally and in writing. Oral and written complaints of the User should be sent to the Tenant by contacting the landline support service hotline, whose contacts are posted on the Tenant’s website or in the Mobile application. The Tenant will try to resolve the User’s oral claims by providing real-time consultations. Consideration of written claims of the User is carried out by the Tenant by the requirements of the legislation on citizens’ appeals.
15. If it is impossible to reach an agreement, the dispute shall be resolved in court, in the manner prescribed by the current legislation of Ukraine.
16. The Tenant has the right to recover from the User if the Scooter/Moped was damaged due to the fault of the User and the User is obliged to cover other losses, costs and pay penalties following this Agreement.
17. By entering into this Agreement, the User agrees that the Lessor may reserve funds up to the total estimated amount of expenses and losses and debit any amounts due to the User from the payment card registered in the Mobile Application in accordance with the Agreement.
18. If in the event of a booking failure or lack of funds on the above-mentioned payment card of the User it is impossible to start a new trip using the Scooter/Moped, the account in the Mobile Application will be temporarily blocked until all payments due for the Service are paid by the User.
19. Limitation of the Lessor’s Liability
19.1. The Lessor is not liable for:
– loss or damage to the Scooter/Moped or its accessories during its use by the User;
– any damages caused to the User or third parties resulting from the User’s actions (inaction) in using the Scooter/Moped;
– failures in the operation of the Mobile Application caused by third parties providing communication services and telecommunication services, for example, due to unstable Internet coverage, lack of GPS signal or failure of the Scooter/Moped equipment, as well as in the event of any force majeure circumstances;
– any indirect damages, lost profits, financial losses, interest losses and damages caused by the actions (inaction) of third parties;
– direct, incidental or indirect damages or injuries caused by the discharge of the Scooter/Moped battery;
– direct, incidental or indirect damages or injuries caused by the use of Scooter/Moped accessories or the Scooter/Moped itself, the malfunction (in the absence of damage) of which was not reported by the User before the start of use of the Scooter/Moped;
– other cases of exclusion of liability provided for in this Agreement.
13. FORCE MAJEURE
1. The parties shall be released from liability for non-performance or improper performance of their obligations if such non-performance or improper performance occurred due to force majeure. Force majeure means fires, earthquakes, other natural phenomena, natural disasters, actions of third parties, power outages and communications used to provide services, the adoption of acts of public authorities, and other circumstances beyond the control of the Parties that prevent the timely, complete and proper performance by the Party of its obligations under this Agreement.
2. In the event of force major, the Party under its action shall notify the other Party. Upon termination of the force majeure circumstance, the Party under its action shall also notify the other party of such termination.
3. The presence of the Party under the influence of insurmountable circumstances must be documented following the current legislation of Ukraine.
14. FINAL PROVISIONS
1. After concluding this Agreement, the User has the right to perform actions related to driving a Scooter/Moped using the Mobile Application.
2. This Agreement means an agreement between the User and the Tenant, which confirms that the actions of the User and the Tenant carried out through the Mobile Application has the same binding legal force as the signature on written documents and can be used as evidence in court.
3. The Mobile Application and the conditions defined by it, in particular, the Act of transfer and acceptance of the Scooter/Moped for rent, the Act of returning the Scooter/Moped from the rental, the Act of fixing the technical condition of the Scooter/Moped after rental or the relevant provisions of the Mobile Application
4. This Agreement shall enter into force after the User indicates in the Mobile Application that he agrees with the terms of this Agreement.
5. All correspondence between the Tenant and the User will be sent by the Tenant to the e-mail address specified by the User. If the User’s e-mail address changes, the User must immediately notify the Tenant. All correspondence is considered sent to the User on the next day after sending the correspondence to the e-mail address specified by the User.
6. Termination of the Agreement shall not affect the validity of the provisions of the Agreement relating to dispute settlement procedures and other conditions of the Agreement, if such provisions remain in force after its termination.
7. The Parties agree that the Lessor has the right to unilaterally transfer all rights and obligations arising from this Agreement to any third party, notifying the User thereof by sending a corresponding message to the email address specified by the User.
8. The Parties agree that this Agreement after registration of the User in the Mobile Application is considered concluded, valid, and has the same legal consequences as the Agreement signed on paper.
9. Since the terms of the Agreement constitute information posted in electronic form on the Lessor’s website and in the Mobile Application, they are valid and applicable in the part that does not contradict the information posted in the Mobile Application. If it turns out that any provision of this Agreement contradicts the content of the Mobile Application, the information and data posted in the Mobile Application will have priority for application. In such a case, such disputed provisions should be interpreted taking into account the changes and information made by the Mobile Application.
10. If in the future it turns out that any provision of this Agreement will be contrary to the requirements of the current legislation of Ukraine and will be declared invalid, other provisions of this Agreement shall remain in force.
11. In everything that is not regulated by this Agreement, the parties are governed by the current legislation of Ukraine without reference to conflict of laws rules. The Ukrainian version of the Agreement takes precedence over translations into other languages.
12. All disputes arising under or related to this Agreement shall be resolved through negotiations between the Parties.
13. If the dispute cannot be resolved through negotiations, it shall be resolved in court following the established jurisdiction and jurisdiction of such dispute and the current legislation of Ukraine.
Appendix to the Terms and Conditions
rendering of service of LLC ZELECTRA on hire of the two-wheeled vehicle with the electric motor
15. PRICE LIST (TARIFFS) FOR SERVICES
15.1 The current price list (tariffs) for services, incl. the initial balance of the e-wallet, the fee for a temporary stop, the per-minute tariff, placed in electronic form in the Mobile application, the information (information) of which is an integral part of this Agreement.
15.2 Payment for services is made in UAH.
16. PENALTIES AND SANCTIONS
16.1. For failure to fulfill the obligations assumed under the Agreement, the User shall pay cash (fine/damages) for each case, namely:
– for parking outside the parking zone/in a prohibited zone, determined by the mobile application in the city of Kyiv, namely: if the Scooter/Moped is parked outside the parking zone, but within the Lessor’s service coverage area, the fine is UAH 100; if the Scooter/Moped is parked outside the Lessor’s service coverage area, the fine is UAH 250; if this resulted in the theft/disappearance of the Scooter/Moped, the User shall additionally compensate for losses in the amount of the balance sheet value of the Scooter/Moped.
– for actions/inaction of the User that caused the call/need for the Lessor’s technicians to leave, the fine is UAH 500, and the User shall additionally pay for the work of the Lessor’s technicians.
– for improper termination of the lease (without blocking the Scooter/Moped), the fine is UAH 1,500, and if this resulted in the theft/disappearance of the Scooter/Moped, the User shall compensate for the losses in the amount of the balance sheet value of the Scooter/Moped.
– for damage/destruction of the Scooter/Moped, the User shall compensate for the losses in the amount of the balance sheet value of the Scooter/Moped, if the Scooter/Moped cannot be repaired/restored.
– for damage to the Scooter/Moped, the User shall compensate for the losses in the amount of the cost of repairing/restoring the Scooter/Moped.
– for failure to comply with the requirement to photograph the Scooter/Moped (no photo attached after the trip is completed), the fine is UAH 500.
– for use of the Scooter/Moped by more than one person (regardless of age), the fine is UAH 500. for each person.
– for transporting goods on a Scooter/Moped, the fine is UAH 500.
– for failure to report a breakdown of the Scooter/Moped that occurred during the User’s trip, the fine is UAH 250, with the latter’s obligation to compensate for the cost of repairing the Scooter/Moped. If the Scooter/Moped is not repairable, the User shall compensate for the losses in the amount of the balance sheet value of the Scooter/Moped.
– if the subsequent User, after the Scooter/Moped was used by the previous User, notifies the Lessor of the detected defect/malfunction of the Scooter/Moped, the previous User shall compensate for the losses in the amount of the cost of repairing/restoring the Scooter/Moped, as well as the cost of transporting the Scooter/Moped.
– penalties are also applied to the User if the trip was completed due to the lack of funds on the balance sheet.
16.2. The Lessor is not responsible for the consequences caused by the following actions of the User:
– for disclosing information about providing access to the Service to third parties (password, login);
– for the User providing inaccurate information about himself/herself;
– for riding a Moped without a protective helmet;
– for violating the Traffic Rules of Ukraine while using the Scooter/Moped – using the Scooter/Moped while intoxicated, drugged or under the influence of potent substances or precursors that affect the driver’s reaction;
– for overloading the Scooter/Moped (transporting more than 120/160 kg. respectively);
– for using a payment card that does not belong to the User to pay for the Lessor’s services;
– for using the Scooter/Moped for purposes other than those specified in this Agreement;
– for failure by the User to notify the fact that the Scooter/Moped has been taken over by third parties or an accident has occurred;
– for leaving the scene of an accident before the arrival of the police/other services.
16.3. If there is a debt for the Lessor’s Services under this Agreement, access to the service will be suspended, the User is obliged to pay the debt in order to resume the provision of the service.
17. CONTACT INFORMATION:
Tenant – Limited Liability Company “ZELECTRA” (LLC “ZELECTRA”) is a legal entity properly established, registered, and operating following the current legislation of Ukraine, identification code (USREOU code – 43532527).
Location of the legal entity: 02002, Kyiv city, Tumanyana Hovhannesa St., building 8, apartment 82.
Service telephone numbers: 044 344 58 01
Tenant’s website: https: https://3electra.com.ua/
© 2020 by Zelectra. All rights reserved.