USE OF VEHICLE RENTAL SYSTEM CONTRACT GENERAL CONDITIONS

London, 2016-01-15

The terms of the contract establishes the rights and obligations of using short-term vehicle hire contracts and the implementation of the Internet (car-sharing) system (Qwekee System) vehicle rental activity.

Any person who has concluded the use of the system Qwekee vehicle rental activity contract or approve these terms and conditions by ticking the appropriate box on the website www.qwekee.com, or started to use the system Qwekee vehicle rental activity in automatically and unconditionally agrees with the terms of the contract and undertakes to fulfill them and abide by them.

The terms of the contract are standard, vol. y. company Smartway EUROPE LIMITED pre-defined common nevienkartiniam use, not combined with any other party, and no negotiations are subject to legal relations arising from the use of the system Qwekee vehicle rental activity (individual vehicles for Rent).

Under the terms of this contract may be awarded to consumer contracts. In case the landlord is a natural person, he is, according to the following terms and conditions entering into a contract, confirm that it is constituted as a businessman rather than a consumer, that is. y. all the terms of the contract on the basis of transactions are to be drawn up exclusively with his trade, business, craft or profession-related purposes.

Any person to whom such contract terms are fully or partly unacceptable or incomprehensible or vague, does not have the right Qwekee system to make any vehicle rental actions or otherwise use for these purposes Qwekee system.

The terms of the contract terms used.
1. For the purposes of the contract:
  1. Administrator – Smartway Europe Limited, Reg. number 8898147, 71-75 Shelton Street, Covent Garden, London, which manages and administers Qweekee system;
  2. Website – website, whose address www.qwekee.com;
  3. The tenant – any third party wishing to rent or leasing a vehicle through Qwekee system;
  4. The landlord – a legal entity or an entrepreneur natural person, in the terms of the contract and it shall be in accordance with its provisions within Qwekee system intends to conclude or concluding with the hiring of a vehicle related transactions;
  5. Account – Lessor first sign up on the website set up a link through which a landlord can connect to the system software Qwekee part, identify themselves and make themselves and their the rental vehicle as well as its own name to perform any other vehicle rentals actions;
  6. Qwekee system – a set of organizational and programmatic measures enabling renters to offer a rent, and tenants - to select the rented vehicles, as well as through which may be awarded for distance contracts hiring of vehicles carried vehicle rental time accounting and rent calculations and performed with other vehicle rental related transactions. Qwekee part of the system software can be accessed through the Internet site www.qwekee.com and Qwekee mobile application;
  7. Means of transport – road, the landlord's rent and leases for lessees through Qwekee system;
  8. Vehicle lease agreement standard terms – Administrator prepared and published on the Internet site of a representative vehicle rental agreement conditions required the lessor and the lessor and lessee governing the legal relationship between them through Qwekee system consists of vehicle rental agreement;
  9. The vehicle rental contract – based on the Administrator prepared and published on the website of vehicles of the lease under standard conditions between landlord and tenant over Qwekee remote system consists of vehicle leases.
2. Where the context requires, the terms of the contract terms Exeter administered singular means the plural and vice versa.
The site of the actions legally binding.
1. All of the lessor and any use of his account on the website to perform actions (offering to rent a vehicle, vehicle leasing, as well as to the use of different Qwekee system-related actions), approved by the website as stipulated in force and causing the same effects as and actions (transactions), signed to formalize the lessor, and if the landlord is a legal person - and that person is stamped paper document.
Use Qwekee system assumptions. Account creation.
1. It is necessary to pre-exercise Qwekee system is provided Lessor Account Qwekee system. The landlord will gain the right to and access to Qwekee system, including (but not limited to) the conclusion of the rental of the vehicle-related transactions only after further in these Terms and Conditions set out the procedure will register and provide further following the terms specified in the data about yourself.
Use of Software.
1. Connection to Qwekee the landlord can use your existing software compatible with the requirements of the website, or downloaded from the Web site administrator who programs (applications). Requirements for software to connect to the Web site and Qwekee system, as well as the Administrator of the programs (applications) for download and installation instructions are given on the website.
The site contains information lessor.
1. The landlord is required to create your account Qwekee system and give it the correct information about yourself. The landlord is required to disclose his real name, because the performance of the contract can be made in cash transfers to the Lessor. The data, which must be present, as well as the steps and the order to be carried out landlord to register Qwekee system and so develop your own account, detailed in the website.
2. The landlord is required to publish on the website correct and current information about yourself and your proposed to rent a vehicle. All and any Internet site vehicles pictures should be offered some rental vehicle photos, not older than 6 months.
During Qwekee system offered to rent a vehicle emissions.
1. Internet site may be set to the minimum volume of the vehicle, which the landlord must provide rent through Qwekee system. In this case the landlord is obliged to bring the minimum volume of the vehicle to provide rent (rent offer) not later than five (5) business days from the Account Web site creation.
2. The landlord must ensure that the average during one of the years of the lease through Qwekee system offered by leased vehicles of not less than 80 per cent of this Treaty, paragraph 6.1 of the minimum volume of the vehicle.
Requirements for vehicles.
1. All Lessor offered through Qwekee system to rent a vehicle must meet all these requirements:
  1. Vehicles must be according to the laws in the relevant register and comply with the laws and other legislative requirements, which is a prerequisite for the categories of vehicles to participate in public traffic (to be carried out and the existing mandatory technical inspection must be established by law order insured motor third party liability, etc.);
  2. The vehicle must be marked with the Administrator of the model stickers. Vehicles with stickers by the Administrator of the scheme are required to paste over the landlord at his own expense;
  3. All vehicles must be installed and operating in the Administrator stated detection equipment. Detection equipment to buy and to all vehicle mounted their landlord must account specified by the administrator in specialized workshops;
  4. Vehicles must be fully completed (must have a first aid kit, reflective vest, and et al.), All of the instruments and equipment to function;
  5. The vehicle must be clean (both from outside and inside), the overall picture has to comply with the average of the relevant class of vehicle with the applicable requirements of representation (not to be visible rusting, damage, broken windows, missing parts and so on.);
  6. other provision of this Agreement, and (or) vehicle rental contract terms in standard requirements.
Vehicle insurance.
1. The landlord must all vehicle at their own expense to insure the market value of a traffic accident, theft, third party unlawful acts, natural disasters and other risks, as well as technical assistance insurance. Unconditional deduction shall not exceed ten (10) percent of the sum insured of the vehicle in case of theft and 100 (one hundred euros) in respect of other claims in the case. The landlord must ensure the continuity of this paragraph under cover of the validity of the entire period during which the vehicle is used for rental activities, and failed to ensure insurance cover may not claim for vehicle damage, destruction or loss of compensation for damage caused.
2. The landlord must properly disclose to the insurance company use of the vehicle rental activity fact and other related material circumstances and to choose such insurance options, which provide insurance cover without reservation valid within Qwekee system for leased vehicles.
3. The landlord takes full responsibility and risk for any distance, caused or mediated insurance benefit for no matter what reasons (for example, if you remain uninsured risks and so on.) Will not cover or fully refund any vehicle damage.
Vehicle lease contracts during Qwekee system and their execution.
1. Vehicle lease contracts during Qwekee system allows vehicle rental contract standard terms and conditions set out in order.
2. The landlord and tenant relations on mutual legal vehicle rental is governed by vehicle rental contract standard terms and conditions (the conditions of the version published on the website specific lease at the moment). The landlord undertakes to comply with vehicle rental contract standard terms and proper to fulfill them.
3. Vehicles Tenants rented providing maintenance services. The landlord is required to ensure the proper conditions for each vehicle technical condition and cleanliness, as well as to their overhaul and maintenance work, and to provide the necessary details during the whole of the relevant vehicle operating lease duration. The landlord is required to properly provide all the necessary vehicle maintenance services, which would ensure the normal and safe operation.
4. All vehicles operating costs, including (but not limited to) fuel, are included in the rental price and the Lessor additional unpaid, reimbursed or otherwise reimbursed.
5. The landlord must ensure that each vehicle would force refueling cards. The landlord undertakes to timely pay suppliers for fuel in its vehicles using fuel cards contained therein packed with fuel, carry out other duties that the refueling cards are accepted for settlement into a vehicle packed with fuel.
6. The landlord has the right to change the non-reserved and vacant vehicle parking spot to the more efficient use of the vehicle rental business.
7. Administrator direction landlord shall without undue delay to replace a vehicle which does not comply with the opinion of the Administrator of this Agreement and (or) vehicle rental contract standard conditions suitable for the vehicle.
The vehicle rental price. The commission fee. Settlements.
1. Rental fee for the Lessor within Qwekee system rented vehicle in which he must pay the tenant, calculated vehicle rental contract standard conditions established order through Lessor your account Qwekee system is enclosed in the price list the prices in force in the corresponding period of the lease.
2. The landlord this Agreement irrevocably entrusts the calculated and collected from tenants Lessor of rent due. Lessor Administrator on behalf of the tenants of each calendar month collected rent for all Lessor Vehicles withheld themselves belonging to the terms of the contract 10.3 referred to a commission payment, undertake to pay the Lessor not later than until the 20th of the month.
3. The landlord for the use of Qwekee System Administrator and provided related services undertakes to pay to the Administrator a commission payment - 20% (twenty percent) of the gross amount of the Lessor for vehicle rental fees.
4. The Lessor this contract administrators have the right to withhold payment belonging to him be transferred from the lessor amounts are irrevocable.
The Administrator of software development and replacement.
1. The administrator has the right at any time in its sole discretion to develop, improve, and otherwise modify the web site and (or) Qwekee forming system or other applications with Qwekee the operation of the programs, Internet sites and (or) Qwekee system features and functionality, including but not limited to, : the number of functionalities (whether it larger and and decreasing), the volume (and upwards, as well as reducing) features used procedure for the identification lessor quantities of data and identification procedures and so on. If necessary and possible in the Administrator about the changes referred to at their discretion published on the website. The administrator does not accept any liability for any landlord and any third parties for the loss and inconvenience they suffer due to this point the Administrator of law enforcement, or that liability is discharged.
Service restrictions and termination.
1. Administrator reserves the right at any time without notice priori limit or terminate the possibility to connect to the Lessor Qwekee system and (or) use, as well as block or delete the Lessor Account, if the landlord fails or performs inadequately in the conditions of the contract and the (or a) of its Treaty obligations or otherwise violate the provisions of the Treaty, or when the Lessor use Qwekee system may endanger Qwekee system or the security of the website, or by the competent state authorities instructions or suggestions, or if they were to become necessary, under the law, or if the administrator suspects the landlord Qwekee system is used for illegal activities, or if the Administrator considers the lessor Qwekee use of the system can cause damage to the reputation of the Administrator. In the event that the Lessor connection and (or) use Qwekee system is limited or terminated Lessor suspicion of illegal activity, this circumstance administrator must deny the landlord.
2. The Web site may contain other connection and (or) the use of Qwekee system limitations or application cases and conditions.
Retention of records.
1. An administrator with substantial accordance with these terms and conditions of transactions concluded and enforcement related information undertake their own needs to keep at least ten (10) years of his choice on a durable medium.
2. On the other hand, the landlord, in order to have proof of his or administrator, or tenants with the terms of this Agreement related activities, should the relevant information to save and protect your durable medium.
The rights and obligations.
1. The landlord must:
  1. immediately (but not later than the same day when the learned) inform the Administrator Web site stated in the e-mail address inappropriate Qwekee system, about joining the Qwekee system data loss, theft or unauthorized use or misappropriation;
  2. Qwekee not to use the system for illegal actions (illegal Transactions, fraud and so on.), As well as those that may suffer the Administrator reputation. If the Lessor doubt on account of his activities with the requirements of this paragraph, the Lessor must inform the nature of their activities inform the Administrator and stop Qwekee system administrator until otherwise specified;
  3. to keep confidential and not to use the same by the Administrator of the information provided, forming or may form Adminitratoriaus commercial secret (business model, experience, know-how, etc.). If the Lessor in doubt, whether the information obtained by the Administrator consists of a trade secret, it must keep such information secret and commercial Administrator Administrator indicate the opposite.
2. The administrator must:
  1. act fairly and reasonably, that this is the most consistent with the interests of the landlord and tenant;
  2. The aim of the web page and Qwekee system could be used for their intended purpose, to take timely measures to eliminate Qwekee system malfunction.
Lessor assurances and guarantees.
1. The landlord guarantees that he is using his Qwekee system provides information and data:
  1. is not misleading or inaccurate;
  2. does not contain viruses or other computer programs or files that may interfere with the normal operation of the web site, Qwekee system and (or) related application performance.
Contract variations.
1. The administrator has the right at any time in its sole discretion to change these terms and conditions on the website announcing the updated text of the terms of the contract, which shall take effect on the date specified by the administrator, but not earlier than 30 days after publication. The amended that contract terms apply to the landlord and the Administrator of the mutual rights and obligations resulting from the entry into force of the modified Agreement or conditions resulting from the past, but doable entry into force of the modified contract conditions.
2. If the next day after the entry into force of the modified contract terms Qwekee landlord continues to use the system in order to create a new vehicle lease transactions, it is considered that the landlord with the revised terms of the contract agreed and undertakes to respect and fulfill them.
Validity.
1. The terms of the contract on the basis of a specific use of the vehicle rental system agreement shall take effect from the relevant account of the Lessor's creation date and is valid for two years. If not less than 3 (three) months prior to the maturity of any of the parties do not intend writing to the other party of its intention not to renew the contract, the contract is automatically extended for a further two years. Such unlimited number of extensions.
2. Each country of the terms of the contract drawn up on the basis of the specific use of the vehicle rental system contract before the deadline for unilateral termination can only be the case if the other party it violated and such violation is essential. Such termination of the defaulting party must be notified in writing at least one month. Other than those specified in this section, contracts between the Administrator and the lessor prior to maturity may be terminated only by a court order or agreement between the parties.
3. If it emerges that any of the provisions of this agreement contradicts imperative law rules and therefore invalid, this does not invalidate all the conditions of the contract. In this case, the parties undertake to replace the invalid provision in the economic and legal point of her closest setting.