Terms and conditions
The new edition was approved on 31.10.2019 by the Director's Order No. CBLV-IO19-3
VEHICLE LEASE AND SERVICE PROVISION TERMS AND CONDITIONS
1. GENERAL PROVISIONS
1.1. These vehicle lease and service provision terms and conditions (hereinafter referred to as the Terms and Conditions) of SIA CityBee Latvija (legal entity registration number 50203191721, registered address: Biķernieku iela 145, Riga, LV-1021, Latvia; hereinafter referred to as the Company) regulate the procedure for Users to register in the Company app, the matters of the use of User personal data and the use of two-wheeled vehicles, vehicle operation instructions, as well as liability and payment procedures.
1.2. Before using the services provided by the Company, the User shall:
1.2.1. Carefully read and responsibly acquaint themselves with these Terms and Conditions, and press the ‘I agree’ button in the corresponding App User registration field. By clicking on the ‘I agree’ button, the User confirms that all the information provided to them is clear, understandable and that they accept these Terms and Conditions;
1.2.2. Provide the information and documents that the Company and/or owner of the App may reasonably request at the time of registration of this App, in accordance with these Terms and Conditions.
1.3. Should the User have any questions related to the interpretation or application of the Terms and Conditions, the User may contact the Company’s representatives using the following contact information: phone +371 28908649, e-mail email@example.com.
1.4. The Company and the User, who has met the requirements specified in Section 1.2 of these Terms and Conditions and gained the right to use the services provided by the Company, shall establish a contractual relationship pertaining to the lease of the Company’s vehicles and the provision of the Company’s services, in accordance with these Terms and Conditions. The owner of the App and the User must be Parties in an agreement for the use of the App in accordance with these Terms and Conditions.
2. DEFINITIONS OF TERMS
2.1. The ‘User’ is defined as a client (natural individual) of the owner of the Company and App, who accepts these Terms and Conditions and uses Vehicles in accordance with these Terms and Conditions.
2.2. A ‘Vehicle’ is a two-wheeled vehicle powered by muscle force or an electric motor, or a motorized vehicle that the Company has issued for the User’s temporary safekeeping and use in accordance with these Terms and Conditions.
2.3. The ‘Vehicle operation period’ is the period from the time the Vehicle is unlocked/taken from the Car park until the time when it is locked/returned to the Car park.
2.4. The ‘Services’ refer to the Vehicle maintenance (regular repairs, overhaul, technical support) services, including all materials and fuel necessary to operate the Vehicle, as well as the mandatory vehicle owner third-party liability insurance and comprehensive car insurance.
2.5. The ‘Website’ is the www.citybee.lv website.
2.6. An ‘App’ is defined as application software intended for smartphones, tablet computers and other mobile devices used to book, attach and remove Vehicles, and/or to carry out any other functions included in said software. The owner of the App used by the Company and, correspondingly, the data controller of the personal data received via the App is Prime Leasing UAB, legal entity registration number 302565318, registered address: Ozo g. 10A, 08200, Vilnius, Republic of Lithuania.
2.7. The ‘Owner of the App’ refers to the owner of the App used by the Company and, correspondingly, the data controller of the personal data received via the App is Prime Leasing UAB, legal entity registration number 302565318, registered address: Ozo g. 10A, 08200, Vilnius, Republic of Lithuania.
2.8. The ‘Electronic system’ refers to the Vehicle booking system in the App.
2.9. A ‘Vehicle system’ is an electronic system installed in the Vehicle intended to register the location of the Vehicle, the distance travelled by the Vehicle, the duration of the operation of the Vehicle, the use of the Fuel card and other data related to the Vehicle and its operation, and to send these data to the Company and/or owner of the App.
2.10. The ‘Pricelist’ includes the lease and service fees, as well as other rates applicable to the Vehicle, and published on the Website.
2.11. The ‘Fuel card’ is a fuel card that every motorized Vehicle is provided with, owned by the Company and intended for fuel purchases at the petrol station specified by the Company.
2.12. The ‘Car park’ is a car park used for the Vehicle, which the User takes the Vehicle from, and/or which the Vehicle is returned to. The Car park, which the User takes the Vehicle from, and the Car park, which the Vehicle is returned to, may not be the same. Some models of motorized Vehicles shown on the Website and on the App must be returned to the same Car park, from which the User took said motorized Vehicles. The list of Car parks must be specified in the Electronic system.
2.13. The terms used in these Terms and Conditions have the same meaning in their singular and plural forms, in accordance with the context.
3. APP USER REGISTRATION
3.1. The User shall only have the right to use the Services provided by the Company after registering on the App and submitting all the information and documents requested by the Company, in accordance with these Terms and Conditions.
3.2. The User has the right to register on the App using electronic media after acquainting themselves with the Terms and Conditions available on the App, entering their personal data and filling in the fields with any other information requested.
3.3. When registering on the App, the User must indicate their e-mail address, which will be considered the User’s identification name, and create a password to be used to log in to the Electronic system.
3.4. Users who wish to use motorized Vehicles must have a valid driving license, the validity of which can be verified in accordance with the procedure specified on the App, i.e. by uploading photographs of the User’s face and driving license during registration, after which the Company identifies the User and verifies the validity of the document, confirming the User’s right to drive motorized vehicles.
3.5. Should the User not enter their personal data, or enter incorrect or erroneous personal data, the User’s registration shall be deemed invalid. The User shall compensate the Company for any losses incurred as a result of deliberately false or inaccurate information provided by the User.
3.6. After the User reads these Terms and Conditions and submits the necessary information and documents, and after the Company completes all the necessary User identification and information checks, the Company shall provide the User with the temporary right to dispose of and use Vehicles as part of service provision, while the User undertakes to use the Vehicles in accordance with these Terms and Conditions, and pay for the Services provided.
3.7. After the personal account is successfully created (i.e. after registering in the App), detailed information for logging in to the Electronic System will be sent to the User, for the User to be able to carry out the activities necessary to book a Vehicle. The electronic system login data are issued to the specific natural individual only, which is why the aforementioned data must be protected, and the User must not disclose them to anyone.
3.8. The User undertakes to protect their Electronic System login data and passwords, and to immediately notify the Company of any loss of such data or their disclosure to third parties using the general information phone number.
3.9. Should a notification be submitted regarding the loss of the User’s login data for the Electronic system, or regarding third parties gaining access to such data, the Company shall immediately, and within no more than 8 hours, block logging in to that User’s personal account.
3.10. The Company and the User hereby undertake to inform each other of any changes in their personal data (name, surname/company name, address, registration number etc.) within 5 calendar days after the occurrence of such change.
3.11. Losses caused after the User provided the Company with the notification specified in Section 3.9 of these Terms and Conditions shall be covered by the Company, unless such losses are caused as a result of dishonest activities of the User. Should the User losing their login data, or third parties using the User’s login data result in damage that occurs before the Company receives the notification specified in Section 3.9 of these Terms and Conditions, it shall be deemed that such damage was caused by gross negligence committed by the User, unless otherwise proven by the User; any such damage shall be covered by the User.
3.12. The User shall ensure that when using computer equipment, software or other measures used for registering and/or logging in to the Electronic system, the User takes all reasonable security measures, including antivirus software, being responsible for any consequences of the User’s computer or other software having inadequate protection. Should a breach in data security and the software necessary to use the Electronic system occur, the Company shall issue a new password to the User, at their request.
4. VEHICLE OPERATION REGULATIONS AND LIABILITY
4.1. The Company shall ensure that the Vehicle is in good working order and is ready for operation.
4.2. Any deficiencies in the Vehicle that do not affect traffic safety or that have no short-term effects, as well as any deficiencies that have not resulted from inappropriate maintenance of the Vehicle by the Company shall not be regarded as defects.
4.3. The User shall operate the Vehicle with due care and attention, and only for the Vehicle’s originally intended purpose.
4.4. The User shall comply with the Vehicle operation requirements set by the Vehicle manufacturer and included in the Vehicle operation manuals issued by the manufacturer and stored in the Vehicle; the User shall comply with any instructions and recommendations of the Company specified in Sections VI—VIII of these Terms and Conditions, as well as traffic and other regulations set forth in the applicable law. The User shall also undertake to observe those Vehicle operation requirements that are not mentioned in these Terms and Conditions, but are considered normal requirements for operating such property.
4.5. The User shall immediately inform the Company and competent state authorities (e.g. police, fire and rescue service) of the Vehicle being destroyed, damaged or otherwise made impossible to operate, and of any circumstances that prevent the Vehicle from being operated or provide the Vehicle with its normal operating conditions.
4.6. The User shall not be allowed to sublease the Vehicle; the User shall not cede their rights and obligations arising from the Vehicle to third parties or allow third parties to use the Vehicle without written permission of the Company.
4.7. The User is fully responsible for the Vehicle during the operation of the Vehicle. During the Vehicle operation period, the high-risk liability of the driver of the Vehicle is transferred to the User.
4.8. The User shall not be responsible for any deficiencies in the Vehicle that may occur during its operation, and are caused by prior operation and natural wear and tear of the Vehicle, provided that the User immediately notifies the Company of such deficiencies by phone and follows the instructions issued by the Company.
4.9. Should, during the Vehicle operation period, the Vehicle be damaged, destroyed or lost (including, without limitation, seizure of the Vehicle), and if any accessories of the Vehicle should be damaged, destroyed or lost (e.g. ignition keys), the User shall pay the Company a fine in the amount specified in the Pricelist (self-risk amount), and compensate any damage caused to the Company that exceeds the fine amount specified, unless such damage is covered by the insurance company that provides insurance to the Vehicle. In such an event, the reasons, due to which the insurance company refuses to compensate damage (self-risk, no insurance coverage for the incident etc.), shall not apply here. Should the Vehicle be damaged, destroyed or lost (including, without limitation, seizure of the Vehicle) as a result of a violation of the traffic laws or other laws related to traffic and traffic safety committed by the User, the User shall fully compensate all the damage caused to the Company. Furthermore, in certain circumstances, specified in these Terms and Conditions, the insurance company that provides coverage against damage to the Company shall gain the right of recourse against the User in order to collect all of the insurance proceeds paid, provided that the damage to the Company’s Vehicle was caused due to the fault or the actions of the User. Circumstances, whereby the insurance company can gain recourse rights against the User, include:
4.9.1. If damage to the Vehicle was caused by the Vehicle being operated by a person not specified in the Terms and Conditions of the Company approved, and the User, i.e. the driver of the Vehicle is not its legal driver, unless the User transfers the operation of the Vehicle to a person who is authorized to drive vehicles of this category, and at the time when the Vehicle was operated, the User was in the same Vehicle;
4.9.2. If any damage is caused to the Vehicle, and the driver of the Vehicle leaves the place of the accident before the police or any other competent authorities arrive, provided that their arrival to the traffic accident in question is specified in the law of the Republic of Latvia;
4.9.3. If the Vehicle is stolen, damaged or destroyed due to the Vehicle having been left with open windows, sunroof, or unlocked doors;
4.9.4. If damage is caused to the Vehicle while it is driven by a foreign national, to whom the Services specified in these Terms and Conditions are provided, and it is discovered that the User has no valid driving license, and the Company had no ability to verify the validity of the driving license;
4.9.5 If damage is caused to the Vehicle as a result of failing to meet the requirement to comply with traffic laws, which includes leaving the Vehicle in a safe manner, and in the location intended for traffic safety, as specified in these Terms and Conditions approved by the Company and the User.
4.10. Should the Vehicle become less clean during its operation than what would have been expected as a result of normal operation (inside and outside), the User shall be required to pay the fees specified in the Pricelist, and if such fees are not specified, the User shall cover the cost of washing and cleaning the Vehicle.
4.11. Should the Vehicle be confiscated, seized or lost, or if any other rights pertaining to the Vehicle be limited during the use of the Vehicle, and should such limitation be the fault of the User, or of such circumstances that arise from the use of the Vehicle, the User shall be required to fulfil all the obligations concerning the Vehicle specified in these Terms and Conditions, before returning the Vehicle to the Company. The User shall compensate the Company for any losses incurred in relation to the circumstances specified in this subsection.
4.12. The User shall comply with the insurance terms and conditions of the insurance company that insures the Vehicle. The insurance terms and conditions are published on the Website.
4.13. The User shall assume full responsibility for any legal violations and harm to third parties committed during the Vehicle operation period. Should the User operate the Vehicle incorrectly or otherwise violate these Terms and Conditions, resulting in losses for the Company (e.g. requiring it to pay taxes or fines to official authorities or third parties), the User shall compensate any such losses. Should there be due legal justification, the Company may transfer the personal information about the User available to the Company to official authorities, and/or bailiffs to collect the corresponding taxes or fines.
4.14. At the request of the Company, the User shall undertake to pay the Company a fine for any breach or undue fulfilment of the obligations specified in these Terms and Conditions, in the amount specified in the Pricelist, provided that no other liability for the violation in question is specified in these Terms and Conditions.
4.15. Should the Company fail to provide the User with due Services (i.e. if the Vehicle is not at the Car park indicated, or if the Vehicle is not in good working order and cannot be operated), then after the User notifies the Company of this by phone, the Company shall (at the User’s discretion) either (1) compensate the User’s cab expenses, agreed upon by phone, provided such expenses do not exceed the amount specified in the Pricelist (such expenses shall be compensated in the manner specified in Section 5.18), or (2) deliver another Vehicle to the User, within a period of no more than 1 (one) hour.
4.16. The Company shall not be responsible for any losses incurred by the User as a result of the User’s inability to use the Vehicle due to a traffic accident, or other reasons independent of the Company.
4.17. If the User cannot duly use the services of the Company, the User is required to notify the Company of this by e-mail, phone, or in writing. The Parties shall undertake to resolve the dispute, by mutually reaching a settlement, or in accordance with the procedure specified in the law, based on all the information provided by the User and available to the Company. Any service complaints shall be submitted no later than 2 (two) days after the provision of the services in question. The Company shall undertake to react to the User’s application as soon as possible, but in any case no later than 15 business days after the receipt of the application. Any disputes and disagreements between the Parties that cannot be resolved in the manner specified above shall be resolved by a court of the Republic of Latvia, chosen in accordance with the location of the registered address of the Company.
4.18. The Company shall be responsible for fulfilling its obligations specified in these Terms and Conditions, compensating any direct losses incurred by the User as a result of undue fulfilment of its obligations by the Company, without exceeding the fee specified in these Terms and Conditions for the Services that were not provided or were not duly provided. The compensation amount that the Company shall provide to the User, subject to approval by the Parties or as specified by competent authorities, shall be included in the next invoice and/or further fee payments, or settled in any other legal manner. The Company shall not be responsible for any indirect losses, and in accordance with these Terms and Conditions, any compensated losses shall not exceed the amount that would be paid as compensation of losses by the insurance company that provides third-party liability insurance to the Company.
4.19. The Vehicles may only be used within the borders of the Republic of Latvia. The Parties may separately agree regarding trips beyond the borders of the Republic of Latvia.
5. GENERAL VEHICLE OPERATION TERMS AND CONDITIONS
5.1. The User who drives the Vehicle must not be under the influence of alcohol or other psychoactive substances. Furthermore, the User shall be prohibited from driving the vehicle if ill or tired, and the User’s ability to drive can cause traffic safety risks, in which case the User must transfer the driving of the motorized Vehicle to other individuals. When driving the motorized Vehicle, the User must take into account the vehicle categories that the User is allowed to drive in accordance with their driving license.
5.2. Driving the Vehicle under the influence of alcohol, drugs, toxic and other psychoactive substances, or any medications that reduce reaction speed and impair attention is prohibited. When using the Vehicle, the User must have zero (0.00 parts per thousand) blood alcohol content, and not be under the influence of psychoactive substances. Should the User breach any requirements specified in this subsection or transfer (grant access to) the driving of the Vehicle to a third party that does not meet the requirements specified in this subsection, the User shall pay the Company a fine in the amount of EUR 2000 (two thousand euros), should the breach occur when driving a motorized Vehicle, or a fine in the amount of EUR 500 (five hundred euros), should the breach occur when driving a two-wheeled Vehicle, either electric or muscle-powered. The User shall pay the fine specified in this subsection within 3 (three) days after the violation of the provisions of this subsection. The Company shall have the right to suspend the provision of Services to the User for an indefinite period of time, to block the operation of the Vehicle, and to recover the Vehicle without prior warning.
5.3. The User shall undertake to use the Services in accordance with these Terms and Conditions, and act as a careful, responsible and well-informed individual. When driving the Vehicle, the User shall be required to observe the traffic laws of the Republic of Latvia.
5.4. The User must ensure before every use of the Vehicle that it is inspected and that it does not have any clearly visible deficiencies and defects. Should any deficiencies and defects be found, the User shall report them to the Company by phone or in writing. Otherwise, said deficiencies and defects shall be deemed to have occurred when the Vehicle was operated by the User, with the User held liable for said deficiencies and defects.
5.5. The User shall return the Vehicle to the Car park at the end of the trip.
5.6. The User shall acknowledge and approve that due to the activities of communication service operators, the locking and unlocking of the Vehicle may take up to 1 minute (each operation separately), and this time shall be included in the Service fee as use of the Service.
5.7. The User shall return the Vehicle in a condition that is no worse than the condition, in which the User received the Vehicle, taking into account natural wear and tear. In taking decisions about the natural wear and tear of the Vehicle, the Parties shall follow the guidelines developed by the Latvian Authorized Automobile Dealers Association (LPAA) and the Latvian Leasing Association (LLDA) published on the LPAA website http://www.autoasociacija.lv/files/konsolideta_instrukcija_nolietojumam.pdf, (these guidelines shall be deemed an integral part of these Terms and Conditions), as well as the requirements specified in the maintenance instructions for the Vehicle. Natural wear and tear shall not include:
5.7.1. Damaged, deformed or otherwise mechanically or thermally damaged parts;
5.7.2. Devices and mechanisms that cannot be used;
5.7.3. Dents in the vehicle body, cracks in the paint and clearly visible scratches (with the layer of paint damaged down to the primer);
5.7.4. Wear of the paint due to intensive washing and/or cleaning of the vehicle;
5.7.5. Defects caused by low-quality repairs;
5.7.6.Cracks in any glazed surfaces of the vehicle;
5.7.7. Scratches in the glazed surfaces of the vehicle caused by incorrect operation and/or cleaning of the Vehicle;
5.7.8. Damage to the interior of the vehicle, including burnt and soiled seats, broken plastic parts of the front panel and luggage compartment, window opening handles etc.
5.7.9. Damage to the geometry of the vehicle body.
5.8. Should the Vehicle be damaged, with warning signals appearing on its information panel, with suspicious and foreign sounds becoming noticeable, or it becoming impossible to operate the Vehicle anymore, the User shall immediately stop operating the Vehicle and contact the Company by phone, and follow the instructions issued by the Company.
5.9. If any damage should be caused to the Vehicle as a result of a traffic accident or other circumstances, the User shall immediately report it to the Company and any competent authorities (police, fire and rescue service etc.), fill in a report about the traffic accident and take any other actions necessary to eliminate or minimize the possible harm to the Vehicle and/or property and people.
5.10. The User shall ensure that the Vehicle is not used any further if it breaks down, and any further operation of the Vehicle can increase the damage or threaten traffic safety, or if continued use of the Vehicle can cause even more damage to the Vehicle.
5.11. Should the User of the Vehicle delay its return over the maximum Vehicle return date, the User shall pay the fee specified in the Pricelist for every minute of delay of return of the Vehicle.
5.12. The Company shall have the right to install breath alcohol meters that can prevent the Vehicle from being operated. If the User has consumed alcohol and breathes into the alcohol meter, the ignition of the Vehicle can be blocked, and no Service shall be provided. If the User has not consumed alcohol, the Vehicle can be operated, and the Service shall be provided to the User as normal.
6. OPERATION OF MUSCLE-POWERED TWO-WHEELED VEHICLES AND ELECTRIC-POWERED TWO-WHEELED VEHICLES
6.1. Arriving at the Car park, the User shall choose the appropriate command in the App and follow the instructions on the screen to unlock the Vehicle, and after the booking is over, lock the Vehicle.
6.2. The User shall inspect the two-wheeled vehicle to ensure that it does not have any clearly visible damage, it has a lock and both its wheels. Should any defects, deficiencies or other problems mentioned in this subsection be found on the Vehicle, the User shall immediately report them to the Company by phone before starting to operate the two-wheeled Vehicle. If this is not reported before the beginning of the actual operation of the Vehicle, the User shall be liable for any defects, deficiencies and problems found on the Vehicle.
6.3. Should, during the operation of the Vehicle, the User not operate the Vehicle for a brief period before their trip is over, the User shall take all due measures (which includes, without limitation, blocking the Vehicle (bicycle), or taking the Vehicle (scooter) with them) to prevent unauthorized individuals from stealing or using the Vehicle. During the Vehicle operation period, the User shall be fully responsible for its safety, and shall compensate any losses incurred by the Company as a result of damage, destruction or loss of the Vehicle.
6.4. After using the Vehicle, the User shall return the Vehicle to the Car park. Should the Vehicle not be returned within 24 hours, the Vehicle shall be deemed lost. In the event of loss of the Vehicle, the User shall pay the Company the fine specified in the Pricelist, and compensate any costs incurred by the Company that are not covered by the fine. After the fine is paid to the Company, the User shall not gain any ownership over the Vehicle. The Company shall take all due effort to recover the Vehicle. Should the User expect to exceed the maximum Vehicle operation period, the User must notify the Company of this no less than two hours before the end of the maximum operation period. The maximum Vehicle operation period may be extended by mutual agreement between the Parties.
6.5. The User shall return the two-wheeled Vehicle to the appointed parking zone which can be seen in the CityBee app. In case a two-wheel Vehicle is left outside the appointed parking zone, the User undertakes to pay a contractual penalty in the amount of 10 EUR.
6.6. After returning the Vehicle to the Car park, the User must lock the Vehicle in accordance with the instructions, provided by the App. To close the lock of the two-wheeled vehicle, the User must choose the corresponding command on the App, and follow the instructions for before and after locking. After following all the instructions and confirming that the lock is closed, the User may leave the two-wheeled vehicle.
6.7. Subject to Sections 195, 197 and 260 of the Civil Law of the Republic of Latvia and taking into account the type of transaction (small transaction involving the use of money earnt by the buyer themselves, or provided by their legal representative or other individuals, which does not require any special form or a form certified by a notary), rental services for muscle-powered two-wheeled vehicles (bicycles) may be used by persons under 18 who linked their personal payment card to their Electronic account in accordance with Section 9 of these Terms and Conditions.
6.7. Two-wheeled vehicles powered by an electric motor may only be leased by people of legal age (over 18).
6.8. The liability for any harm directly or indirectly caused by a person under 18 operating the Vehicle shall be assumed by said underage person’s parents or legal guardians. Underage persons aged 16—18 shall also be responsible for their contractual obligations arising from these Terms and Conditions.
6.9. If the two-wheeled vehicle is a bicycle, it can take a weight of up to 120 kg, while the weight of the bag should not exceed 5 kg.
6.10. If the two-wheeled vehicle is a scooter, it can take a weight of up to 100 kg.
6.11. The User shall be fully responsible for any personal effects transported by the User, including those that are held by the User, or are put onto the (motorized) two-wheeled Vehicle, or into its bag, taking full risk and responsibility for the safety of the property transported.
6.12. The User shall be responsible for any loss, destruction or soiling of the User’s property or clothing during the operation of the Vehicle.
6.13. The Company shall not be responsible for any damage that could be caused to the User as a result of delays related to the operation of the Vehicle, for any harm that could be caused by the User to third parties during the operation of the Vehicle, or for any harm to the User’s health occurring during the operation of the Vehicle.
6.14. The User hereby confirms that they have sufficient knowledge and skills in operating a two-wheeled vehicle or a two-wheeled motorized vehicle, and that they are in an appropriate physical condition to drive such vehicles.
6.15. The Company shall not be responsible for any harm to the User’s health and life arising as a result of the User operating the Vehicle. The User shall understand and assume any risk pertaining to the operation of vehicles.
6.16. The User shall compensate any third-party losses incurred as a result of the User operating Vehicles.
6.17. When operating and driving Vehicles, the User shall comply with the traffic laws and regulations approved by the government of the Republic of Latvia; the User shall not violate them, endanger or harm their own health, life and property, as well as that of third parties.
6.18. Two-wheeled motorized Vehicles are subject to the operation and driving standards, rules and regulations specified in these Terms and Conditions, which are the same as those established for bicycle operation in the traffic regulations approved by the government of the Republic of Latvia.
6.19. In all situations when (motorized) two-wheeled Vehicles are used, the User must treat them with due care and attention.
6.20. Users shall also be recommended:
6.20.1. To drive at a safe speed;
6.20.2. To initiate the braking of the Vehicle and to drive at a safe speed, taking into account their experience, skills and weather;
6.20.3. To correctly adjust the seat height;
6.20.4. To wear a protective helmet and suitable clothes;
6.20.5. To check if the vehicle is clean (especially the seat, if any) before driving.
7. MOTORISED VEHICLE OPERATION TERMS AND CONDITIONS
7.1. MOTORISED VEHICLE BOOKING PROCEDURE
7.1.1. A motorized Vehicle must be booked before the trip. The booking of motorized Vehicles takes place via the App. The booking of a motorized Vehicle may be performed before the time indicated as the initial time for the operation of the motorized Vehicle. The booking time for every motorized Vehicle is shown at the time of booking of the Vehicle. In order to book a Vehicle:
126.96.36.199. Log into the Electronic system;
188.8.131.52. Select the desired motorized Vehicle;
184.108.40.206. Confirm the booking of the motorized Vehicle.
7.1.2. Confirmation of the booking is shown on the App on the screen of the User’s device.
7.1.3. The User may begin using the motorized Vehicle during a certain period specified for every Vehicle, booking it at the time the booking is confirmed; otherwise the booking of the motorized Vehicle in the Electronic system shall be automatically cancelled. Should extended booking be selected at the time of booking of the motorized Vehicle, and should the initial booking time elapse before the beginning of the operation of the motorized Vehicle, the booking of the motorized Vehicle shall be extended by the paid booking time specified on the App. Should the User not begin using the Vehicle within the paid booking period after the end of the original booking period, the booking extension in the Electronic system shall be automatically cancelled. The User shall pay for the extended booking period selected in accordance with the rates specified for motorized Vehicles in the Pricelist.
7.1.4. The motorized Vehicle operation period, which the User undertakes to pay the Service fee for, shall begin with the unlocking of the Vehicle booked by the User in the system, and then shall be registered in minutes until the time the Vehicle is delivered back to the Car park, to which the Vehicle must be returned and locked (except for instances when extended booking is selected).
7.2. MOTORISED VEHICLE OPERATION PROCEDURE
7.2.1. Having arrived at the location of the booked motorized Vehicle, the User must choose the ‘Unlock the Vehicle’ command on the App.
7.2.2. The User must inspect the motorized Vehicle (both the inside and the outside), to ensure that the motorized Vehicle does not have any clearly visible damage, and check if all of the accessories of the motorized Vehicle (ignition key, Fuel card and vehicle documents) are still in it; the User shall notify the Company of any deficiencies found immediately by phone +371 28908649, or e-mail firstname.lastname@example.org. Should clearly visible damage have an orange sticker attached to it, this means that the damage has been reported, and there is no need to inform the Company about it again.
7.2.3. In order to operate the motorized Vehicle it must be turned on using the ignition key provided in the Vehicle. If the motorized Vehicle does not need an ignition key, then it must be turned on by pressing the button while holding down the brake pedal.
7.2.4. During brief stops, the motorized Vehicle must be turned off and then turned on again using the ignition key of the Vehicle.
7.2.5. After using the motorized Vehicle, the User must return it to the desired Car park (except some models of motorized Vehicles shown on the Website and in the App, which must be returned to the same Car park, from which the User took said motorized Vehicles).
7.2.6. The maximum motorized Vehicle operation period is 30 days. Should the User not return the motorized Vehicle in 30 days from the beginning of the operation of the Vehicle, the Company shall have the right to report theft of the motorized Vehicle to the police, and to block the ignition of the Vehicle’s motor. Should the User expect to exceed the maximum Vehicle operation period, the User must notify the Company of this no less than two hours before the end of the maximum operation period. The maximum motorized Vehicle operation period may be extended by mutual agreement between the Parties.
7.2.7. The Company shall have the right to replace the leased Vehicle with another Vehicle of equivalent category and characteristics at any time during the Vehicle lease period in order to carry out its regular maintenance and repairs, or to eliminate any deficiencies in the Vehicle or to carry out other activities, notifying the User of such a replacement 7 (seven) calendar days in advance, via e-mail or SMS. Having received a notification from the Company, as specified in this subsection, the User shall enable and allow the Company to replace the Vehicle, which includes returning the ignition keys for the vehicle and any other objects from the Vehicle to the Company, and take all personal effects left in the leased Vehicle, on the day specified by the Company, and at the location agreed by the Parties; the User shall accept another Vehicle provided by the Company in accordance with the procedure specified in these Terms and Conditions. Should the obligations specified in this subsection not be fulfilled, the User shall compensate the Company for any resulting costs.
7.2.8. Should the motorized Vehicle be returned to the Car park, the User shall leave the ignition key for the Vehicle in the same location as where it was taken from, check if any personal effects have been left in the motorized Vehicle, and ensure that any documents and accessories pertaining to the Vehicle are left in the Vehicle.
7.2.9. The motorized Vehicle must be returned at a location that can be publicly accessed at any time. The Vehicles may not be left:
220.127.116.11. In areas with barriers (except for special car parks in airports, which are specified on the App);
18.104.22.168. In underground car parks;
22.214.171.124. In private courtyards.
7.2..10. After leaving the motorized Vehicle, the User must choose the ‘Lock the Vehicle’ command in the App. Leaving the motorized Vehicle, the User shall ensure that it is locked, that all the windows and skylights are closed, and all the accessories of the motorized Vehicle are left in the Vehicle.
7.3.1. A Fuel card is available in every Vehicle. Such cards are owned by the Company. Should the motorized Vehicle’s Fuel card be used, the price of fuel shall be included in the Service fee, payable by the User to the Company, in accordance with these Terms and Conditions.
7.3.2. The use of the Fuel card for refueling any other vehicles is prohibited. Should the User violate this provision, the Company shall always report embezzlement of fuel to the police, and the User shall compensate any costs incurred by the Company as a result of such illegal use of fuel, and pay the fees specified in the Company’s Pricelist.
7.3.3. The User shall be required to supervise their Fuel card and leave it in the Vehicle after discontinuing its use; in the event of losing the Fuel card, the User shall immediately notify the Company and compensate any losses incurred as a result.
7.3.4. Only the Fuel card provided in the motorized Vehicle may be used to fill the motorized Vehicle up with fuel.
7.3.5. Should the fuel reserve of the motorized Vehicle be reduced to 1/4th of the volume of the fuel tank, the User shall refill the fuel tank of the Vehicle at the nearest petrol station of the company that issued the Fuel card. The PIN code of the Fuel card is shown on the Fuel card.
7.4. OTHER TERMS AND CONDITIONS OF USE OF MOTORISED VEHICLES
7.4.1. The User is required to ensure that motorized Vehicles are used as intended, taking into account these Terms and Conditions, the manufacturer’s guidelines and instructions, and in accordance with laws governing traffic, and other laws.
7.4.2. The User shall not use the motorized Vehicle for races or other purposes related to sport or racing, use it as a training vehicle, or use it under excess loads (to transport heavy goods etc., except for cargo vehicles), or use it for any other purpose it is not intended for, or use it to carry out activities prohibited by the law of the Republic of Latvia.
7.4.3. The User shall ensure that no person smokes in the motorized Vehicle, and any animals transported therein are kept in special boxes intended to transport animals. Should anyone have smoked in the motorized Vehicle, or should animals have been transported incorrectly or outside the boxes intended for them, the User shall pay the corresponding fee specified in the Pricelist.
7.4.4. The User shall ensure that even if the motorized Vehicle is left at a car park for a brief period, its lights and audio unit are switched off, its windows and sunroof are shut, and every lock is closed.
7.4.5. Any reading, copying or deletion of Vehicle system data, either successful or attempted, shall be strictly forbidden.
7.4.6. The User shall undertake to leave the motorized Vehicle at the Car park at the end of the trip. The User undertakes to ensure that the motorized Vehicle is not left at Car park slots reserved for third parties, and the User shall not leave the Vehicle in areas where parking motorised Vehicles is prohibited by traffic signs or road markings. The User shall be liable for any breaches of traffic laws and/or other laws related to incorrect parking of motorised vehicles.
7.4.7. Should, during the Vehicle operation period, the User leave the motorised Vehicle at a paid car park, the User shall cover the cost of parking the Vehicle.
8. PAYMENT TERMS AND CONDITIONS
8.1. The User shall pay the Company a Service fee in accordance with the Pricelist effective at the time when the Vehicle is used.
8.2. The Vehicle operation period begins in the Vehicle system when the Vehicle is unlocked and/or taken from the Car park, and ends when the Vehicle is actually returned to the Car park and locked. The Service fee is calculated in accordance with the Pricelist effective at the time when the Service is used.
8.3. The Service fee is calculated by multiplying the number of kilometers travelled by the Vehicle with the per-kilometer fee specified in the Pricelist. The distance travelled by the Vehicle is rounded up or down to the closest full kilometer.
8.4. At its own discretion, the Company may provide the User with a credit limit service, i.e. a maximum permissible amount payable for services that the User may accumulate. The Company shall have exclusive rights to change said credit limit, to cancel it, or to reduce or increase it.
8.5. The User shall link their payment card to their personal digital account. The User shall have the right to voluntarily link multiple payment cards and choose a card to be used to pay for the Services before every trip. The payment card that is linked to the electronic account of the User shall enable the automatic charging of cash from the User’s bank account. The amount payable for the services provided shall be automatically charged from the aforementioned card. In case of failure to debit the money and/or insufficient funds on the card referred to above, the Service fee will be attempted to be debited automatically every 24 (twenty-four) hours until the outstanding amount for the the charges applied and/or services rendered is settled.
8.6. When linking a payment card (first or each additional) to a personal Electronic account, the Company is entitled to perform a payment card authorization – i.e., to reserve an amount equal to EUR 1 (one) which is to be returned to the User’s bank account after successful authorization (reservation) was confirmed. The term for actual repayment of the amount reserved to the payment card depends on the terms and conditions of the provision of the services applied by the financial (payment) institution issuing the particular payment card.
8.7. The User is allowed to pay for the Services by using the CityBee gift card (CityBee credits) according to the terms and conditions set forth in the separate Rules of CityBee gift card (CityBee credits).
8.8. The User shall have the right to specify detailed information for receiving VAT invoices for their linked payment card (or cards) in their electronic accounts. In such a case, when choosing to pay with a payment card that has detailed information about VAT invoicing specified for it, a VAT invoice will be sent to the e-mail address specified by the User after every trip (after returning the Vehicle to the Car park). The payment for the Service shall be registered for the recipient of the VAT invoice.
8.9. Should the charging of money not have occurred, and/or should the User’s card not have enough money in it at the time, no new trips with (or booking of) the Vehicle shall be allowed until the outstanding amount is paid, and the User settles all the payments accrued, in accordance with the Terms and Conditions and the Pricelist.
8.10. Should the User fail to pay for the Services provided by the last day of the corresponding month, the Company shall issue a VAT invoice for the services provided during the previous month, based on the data available in the Electronic system and the Vehicle system, sending it to the User’s e-mail by the 5th business day of the current month. The User can also review the invoices issued via their App or Website account. In accordance with these Terms and Conditions, the User shall pay for the Services provided during the previous month by day 10 (ten) of the current month, in case he has not yet settled. When receiving invoices, the User shall verify the accuracy of the data specified therein, to report any inaccuracies found within 5 (five) business days. The User shall submit any claims regarding the data specified in the invoice within 5 (five) business days after the receipt of the invoice. Should the User not submit any claims within said period, the User shall be deemed to have accepted the invoice.
8.11. Should the User wish for an invoice that contains inaccuracies not attributable to the Company to be repeatedly issued or corrected (e.g. if the User specified incorrect information, or if an invoice intended for a legal entity was issued to a natural individual), the additional fee for the repeated issue/correction of invoices specified in the Pricelist shall apply.
8.12. Should the User not receive the invoice by e-mail by the aforementioned deadline, the User shall contact the Company to receive the invoice. The User shall always download and check all the invoices issued by logging in to their electronic account.
8.13. Should the User fail to make due payments to the Company in time, the Company shall have the right to authorize a debt collection company to take measures to collect the outstanding amount, or to transfer their claim to the User’s debt to a debt collection company.
8.14. The User shall pay any and all fines (fines and late interest), loss compensation and any other amounts payable to the Company no later than 10 calendar days after such amounts being requested by the Company, unless otherwise specified in these Terms and Conditions.
8.15. The User shall undertake to pay the Company late interest in the amount of 0.05% of the outstanding amount for every day overdue.
8.16. Any and all fines specified in these Terms and Conditions or the pricelist shall be considered minimum undisputed losses of the parties. Payment of fines or late interest shall not exempt the User for the duty to pay any losses incurred by the Company, and not covered by the fines. In any case, the imposition of any fines specified in these Terms and Conditions shall not exempt the User from the duty to fulfil their obligations.
8.17. Should, during the use of the Services, the User reach the limit specified in the Pricelist, the Company shall have the right to request the User to pay the lease fee for the vehicle and the fees for the Services used before said request by the Company, before the end of the period specified in the agreement. Should the User fail to pay the aforementioned amount within the time agreed, they shall return the Vehicle to the Car park and duly terminate the booking of the Vehicle no later than one hour after the Company’s request to do so. Should the User fail to make the payment or should the User not return the Vehicle to the Car park, the Company shall have the right to block the User’s access to the Electronic system, to block the use of the Vehicle (its ignition) until such time that the User have paid the accrued outstanding amount for the Services used, and to report illegal operation of the Vehicle to the police.
8.18. Before the User starts operating a two-wheeled Vehicle, the Company shall have the right to check if the payment card linked to the User’s Electronic system account has sufficient funds, and reserve an amount of EUR 5 (five euros). After the end of the trip the actual fee for the Services calculated in accordance with the Pricelist shall be charged following the above procedure, and if the previously reserved amount is larger than the fee calculated, the remaining reserved amount shall be returned to the card that the User specified for payments.
8.19. Should the User operate the motorised Vehicle for longer than 1 (one) day, the Company shall have the right to begin charging the actual fee amounts for the Service calculated in accordance with the Pricelist effective at the time of the booking of the vehicle, using the User’s card attached to the Electronic system. Should such charging not have occurred, and/or should said card not have enough money in it, the Company shall have the right to request the User to pay the amount accrued during the additional period.
8.20. The Company shall have the right to discontinue the provision of Services to the User and cancel any trips (or bookings) of the User, and to block the User’s access to the Electronic system, should the User fail to observe the provisions of these Terms and Conditions. Furthermore, should the User fail to comply with these Terms and Conditions, or should the User comply with them only partially, the Company shall have the right to demand that the User eliminate any breaches of these Terms and Conditions within an additional period that shall, in any case, be no longer than 1 (one) hour, unless the Company should set a longer period in a separate notification. Should the User fail to eliminate said breach of these Terms and Conditions within the time specified in this subsection, then the Vehicle lease (booking) period shall be terminated with the end of the period specified in the notification. The provision of a notification about breaches of these Terms and Conditions, the failure to eliminate breaches within the time specified and after the final time specified in the notification are legal circumstances upon which the lease (booking) of the Vehicle shall be terminated, with no additional notifications regarding the lease of the Vehicle. After the end of the Vehicle lease (booking) period, the User shall immediately return the Vehicle to the nearest Car park. Should the User not comply with or not fulfil the Company’s request within the time specified by the Company, the Company shall have the right to block the User’s access to the Electronic system, and/or block the use of the Vehicle (by locking the ignition of the Vehicle), prohibiting the User from operating the Vehicle any further; employees of the Company shall also have the right to recover the Vehicle without involving the User.
9. FINAL PROVISIONS
9.1. For the User, these Terms and Conditions shall take effect at the time the User accepts them during the User’s registration on the App.
9.2. The Company shall be entitled to unilaterally amend these Rules and the Pricelist by giving a respective notice to the User by e-mail. The Rules amended are also provided for the User to get acquainted at the Mobile Application. The amendments made get in force upon they are published to the Users in the order set forth herein.
9.3. Should any amendments to these Terms and Conditions or the Pricelist take effect, having been communicated to the User as specified in Section 10.1, and should the User continue to operate Vehicles based on these Terms and Conditions, the User shall be deemed to have accepted the respective amendments to the Terms and Conditions or the Pricelist introduced by the Company. Should the User not accept said amendments, the User shall return the Vehicle to the Car park and duly complete their trip in the Vehicle, not using the services specified in these Terms and Conditions after the new Terms and Conditions take effect.
9.4. The Company shall have the right to unilaterally cede all the rights and obligations arising from these Terms and Conditions to any third party affiliated with the Company, notifying the User of this in writing.
9.5. These Terms and Conditions shall be interpreted in accordance with the regulatory documents of the Republic of Latvia.