VEHICLE RENTAL AGREEMENT STANDARD CONDITIONS

2016-01-04

These Terms and Conditions shall be governed access Qwekee system acquisition procedures, rights and obligations through Qwekee system, as well as through Qwekee system for vehicles which rent and charterer of individuals (landlords and tenants) mutual rights and obligations.

Any person who wishes to use and (or) relies Qwekee system, noting the appropriate box Qwekee system and (or) through Qwekee system for renting a vehicle, automatically and unconditionally agrees with the terms of the contract and undertakes to fulfill them and follow them, also confirms that he was properly enabled with these conditions of access and it is becoming acquainted with them and understand them.

Any person to whom such contract terms are fully or partly unacceptable, confusing or unclear, have no right over Qwekee system to perform any act or enter into any transaction.

  1. Qwekee system actions legal power.
    1. The Tenant agrees that all Qwekee system to carry out its operations (transactions) related to the vehicle reservation and lease-approved website or Qwekee mobile applet as stipulated in force and causing the same effects as in the actions (transactions) to formalize Tenant signed, and if the tenant is a legal person - this and that person stamped paper document.
  2. The contract terms used.
    1. These Terms and Conditions:
      1. Electronic Vehicles unlock – remote rented vehicle unlocking and security systems off, enabling the tenant to use the vehicle, carried out the tenant proper fulfillment Web site or Qwekee mobile applet the corresponding instructions. Electronic Vehicles unlock considered to be the vehicle to the Lessee to use;
      2. Electronic Vehicle Locking – Remote vehicle ignition off, security systems on and lock preventing unlock and start the vehicle the key carried Qwekee system automatically after the account or tenant will he proper fulfillment Web site or Qwekee mobile applet the corresponding instructions. Electronic Vehicle Lock is considered the vehicles return to the Lessor;
      3. Website – www.qwekee.com;
      4. Pricing – Qwekee system administrator approved and Qwekee system published in the conditions of contract, which lays over Qwekee system rental vehicle rental and related costs;
      5. The user – a natural person, the Lessee transfer, on behalf of the account and atskomybe using Tenant rented a vehicle (for example, the lessee for the employee);
      6. The tenant – a natural or legal person, in the terms of the contract procedure established pays the account and who has acquired the right to use Qwekee system and have it rented Transport vehicle;
      7. Rent – vehicle use during the Tenant mandatory to pay the fee for use of the vehicle and (or) having at its disposal. Rents indicated timetables;
      8. The landlord – a person in the terms of the contract and it shall be in accordance with its provisions within Qwekee system of leasing the vehicle;
      9. Legacy highway tax – a tax that a tenant is required to pay in the event of the end of the period of use of the vehicle leaves the vehicle other than those listed in these conditions in urban areas, on the spot. Legacy highway tax rates specified in the Price-list;
      10. Qwekee system – a set of organizational and programmatic measures enabling remotely the lessor to offer, and tenants - to select and rent a vehicle from the range, as well as through the remote control may be made for specific vehicle leases. Qwekee system software part is available on the website www.qwekee.com through Qwekee mobile application;
      11. Qwekee system administrator – Smartway Europe Limited, Reg. number 8898147, 71-75 Shelton Street, Covent Garden, London, which manages and administers Qweekee system;
      12. Means of transport - road, which in the terms of the contract and it shall be in accordance with the provisions of the tenant leases through Qwekee system;
      13. Vehicle use period – the period from the vehicle's electronic lock-up the electronic lock. Vehicles period of use in accordance with these terms and conditions will not last longer than 6 (six) months continuously.
    2. Where the context requires, the terms of these Terms and Conditions of the administered singular means the plural and vice versa.
  3. The right to use Qwekee system acquisition. Accounts.
    1. A Qwekee system acquired by acquisition Qwekee system account. Qwekee system account types, duration and prices are in the pricelist.
    2. Any of Qwekee system accounts acquired paying the appropriate list price of the amount and the completion of the terms of the contract in paragraph 5.1 of the obligation to submit their data. Subscription starts from the corresponding amount of money credited to the Qwekee system administrator's bank account.
  4. Qwekee System Account Expiration.
    1. Tenant acquired Qwekee System account is valid until exhausted to be paid a sum of money, but not longer than until the purchased subscription deadline. At the end of Qwekee the subscription term subscription expires regardless of whether or not exploited for him to pay the money.
    2. After Qwekee system account for it to pay the money the tenant will not be returned and for any other account do not count, except for the conditions of the contract 11.5 referred to the case.
    3. After Qwekee the account is considered that at the same moment over and Tenant rented vehicle rental and use of the period, and the lessee to initiate electronic vehicle unlock automatically deleted.
    4. If Qwekee System account expires at the time when the vehicle is being driven, the account is automatically extended until the moment when the vehicle ignition is turned off the key. In this case, subscription renewal time accruing Vehicles rental tenant is obliged to pay no later than one business day.
  5. Data on the tenant.
    1. Use Qwekee system and have it create a vehicle leases anonymously not, so each person acquiring account must submit all of the following information about yourself:
      1. if the tenant is a natural person: name and surname, personal identification number or date of birth, residence address, payment card details and a valid driver's license; or
      2. If the tenant is a legal person: the name of the legal entity code, address, payment card details, authorized representative and the name.
    2. Data authenticity verified payment for the account through the bank at the time, so the Tenant and the payer for account information must match.
    3. The vehicle is equipped with a presence and motion capture software continuously transfers a vehicle some of the operating parameters of data, as well as vehicle position and movement data Qwekee system administrator. Tenant agrees that Qwekee system administrator such data to collect, compile and store this contract enforcement purposes.
  6. Vehicles reservation.
    1. Vehicles reservation made Qwekee system tenant commission of the website or Qwekee mobile applet the corresponding instructions, the proper fulfillment of the Lessee to your smart device receives the selected vehicle booking confirmation.
    2. Advanced Vehicle reservation can not be. Vehicles reservation is valid for 15 minutes. Within 15 minutes after the confirmation of reservation without electronic rented vehicle unlocking, the reservation is automatically canceled.
  7. Electronic Vehicles unlock and use.
    1. From the Electronic Vehicle unlocking the moment it is considered that the vehicle is transferred to the tenant access and tenant is under the responsibility.
    2. Electronic Vehicles unlock executed Qwekee system remotely tenant Qwekee mobile applet by selecting the appropriate command ( "Unlock the car).
    3. The lessee shall immediately after the electric vehicles, the unlock check the vehicle documents and completeness, as well as inspect the vehicle from both internal and external, and set all the visible infringements.
    4. A vehicle must be:
      1. the ignition key with the alarm control (one set);
      2. The vehicle registration certificate, certified copy;
      3. The mandatory vehicle roadworthiness copy of the document;
      4. Vehicle insurance and civil liability insurance policies and rules of copies;
      5. Fuel card;
      6. The terms of this agreement copy.
    5. Any discrepancies, defects or vehicle violations and damage The tenant must immediately notify Qwekee mobile applet select the appropriate command ( "Report on the shortcomings of the car). Any vehicle damage or damage to the Lessee must immediately shoot with Qwekee mobile application. The tenant is not responsible for vehicle violations or damages that have documented this point in the manner before the vehicle moves off, but in any event no later than 30 minutes after the electronic vehicle unlocking.
  8. The use of the vehicle.
    1. Tenant one vehicle can be used continuously for a period not exceeding 6 (six) months. This point is stated deadline at the end of vehicle must be returned, and the tenant has to cover all of your use of the vehicle-related debts. This paragraph shall not be and will not be interpreted as prohibiting or restricting the possibilities for the parties to agree on the same vehicle hire more than once.
    2. The vehicle during use tenant of the vehicle to lock, unlock, start to using the vehicle key and (or) the alarm panel.
    3. The tenant must the vehicle used as a careful and attentive owner and only by appointment. Use of a vehicle to use for racing or other similar activities, the use of the vehicle as a payment vehicle, passengers and (or) cargo for remuneration shipments, as well as use the vehicle's high load mode (for example, heavy freight, riding off-road).
    4. The tenant is bound (to ensure that users comply with) the vehicle manufacturer's operating instructions and recommendations, as well as vehicle performance requirements, which, although the above-mentioned, however, considered to be normal this kind of assets. The tenant must comply with vehicle insurance regulations the requirements for vehicle operators and (or) manager. The lessee takes full responsibility for any vehicle damage or deterioration on this point to indicate their default or improper performance.
    5. The tenant, using the vehicle, to conform (to ensure that users comply with) the regulations governing road traffic (Road Traffic Safety Law, traffic rules, local authorities or private individuals set vehicle parking rules and other) provisions and can properly carry out (to ensure that the user properly discharge). For any vehicle during the period of use of offenses committed is responsible tenant and (or) operator, regardless of when such irregularities are revealed.
    6. The tenant understands that the competent authorities have submitted to the Lessor an order for a particular certain times of the vehicle driver of the person, the following information about the tenant and (or) The operator must be present.
    7. The tenant shall notify the leasing of the vehicle Qwekee system referred Lessor phone number, as well as the appropriate public authority (police, fire brigade) if the vehicle is destroyed, injured, damaged or otherwise becomes unusable, as well as upon the occurrence of circumstances hindering the management and use of the vehicle, or to ensure its normal operating conditions.
    8. Tenant undertakes nesubnuomoti withhold lending vehicle.
    9. The tenant of leased vehicles can go to the foreign countries, which are valid motor third party liability compulsory insurance ( "green card") and the vehicle (Casco) insurance. These countries are listed in the vehicle insurance policies.
    10. Any vehicle breakdown or failure signs (improper functioning of extraneous sounds, vibrations, etc.), As well as situations where the vehicle system provides warning messages (on inspection, service performance, and so on.) The tenant has immediately notify the leasing of the vehicle Qwekee system referred Lessor phone number and execute the instructions.
    11. The tenant must keep the vehicle clean and outside as well as inside. The tenant must also ensure that the vehicle is not smoked, and if the vehicle is transported animals - that they would be transported only in specially suitable containers. When the use of the vehicle is more dirty than normal operation (both inside and outside), the Lessee must compensate for vehicle washing, interior cleaning costs.
    12. The tenant must ensure that keeping the vehicle stand even for a short period of time to be turned off lights and player, close the windows, sunroof, lock all the locks.
    13. Tenants prohibited vehicle and (or) any software contained therein (navigation, GPS, and so on.) To repair themselves independently or with any person, or any repair plants, other than those specified by the landlord. Any vehicle repair or diagnostic work can be carried out only after prior agreement with the Lessor.
    14. The vehicle of its use during the fuel can be completed only on the Lessor referred to gas stations and only use in-vehicle fuel card. Do not use the fuel card for other vehicles or fueling using the fuel card into any container. Tenants have breached this prohibition, the police will be informed of the fuel misappropriation, in addition to tenant will have to compensate illegally exploit the fuel value and pay the lessor 100 fine of EUR.
    15. The amount of fuel in the vehicle is reduced to ¼ tank volume, the Lessee must replenish the fuel tank near the company that owns the fuel card at the gas station.
    16. The tenant must keep the fuel card and leave it in the vehicle upon its use, and lost - to immediately inform the Lessor and to compensate for any resulting losses (including any card from its loss by blocking payments made).
  9. Vehicle use in the end. Electronic vehicle lock.
    1. Vehicles retired tenant is initiated or in these Terms and Conditions set out the automatic testing of electronic vehicle lock.
    2. At the end of the vehicle life-cycle the tenant is required the vehicle to leave the city limits. The tenant has left the vehicle other than those specified in this paragraph on the spot, must pay inheritance highway tax, which is calculated from the vehicle's electronic lock until the vehicle next use. The vehicle in any case must remain the same country.
    3. After the use of the vehicle The tenant must leave it that way, what took, taking into account normal wear and tear, as well as a complete and with all the documents, accessories and attachments, to help the ignition key and documents to the same place from which he took the use of early leave information leaflet in his place, not to leave the vehicle your stuff or junk. For each specified in this Clause violation Lessee shall pay Lessor 100 EUR fine and damages to the extent they are not fined.
    4. The vehicle must be kept within acceptable place Without prejudice to road traffic regulations. After leaving the vehicle in a paid parking spot tenant assumes the obligation to pay all related fees, if such fees would be forced to pay the landlord - indisputable manner to compensate and pay the Lessor 100 EUR fine.
    5. After all above mentioned obligations The tenant must initiate electronic vehicle lock Qwekee mobile applet by choosing the appropriate command ( "Lock the car). Only the proper fulfillment of the electronic vehicle lock will be assumed that the tenant of the vehicle returned and will terminate the lease fee tenant computing.
  10. The vehicle and its civil liability insurance.
    1. Tenants transmitted to the insured motor third party liability insurance .Such insurance shall be guaranteed by the whole vehicle life cycle.
    2. The Lessee transferred The vehicle is insured at market value since the accident, theft, third party unlawful acts, natural disasters, as well as technical assistance insurance. Such insurance shall be guaranteed by the whole vehicle life cycle.
    3. an insured event of insurance benefits paid by the insurance rules in cases provided for reduction of unconditional deductible (the vehicle in case of theft - 10 (ten) percent of the amount of insurance and other claims in the case - 100 (one hundred) million). The obligation to compensate the lessor to the lessee unconditional deductible.
    4. In accordance with the contract of insurance benefit payment is associated not only with the relevant draudžiamaisiais events, however, and with the vehicle the Lessee and (or) Operator for the relevant office (having the right to drive in the category concerned, the proper use of the vehicle, driving while drunk or intoxicated, harmless intent to follow the simplest of care in the event of an insured event, to take measures to avoid the damage or prevent damage to the increase, as well as to immediately report it notified by the competent authorities and the insurance company, to provide correct information, etc.). Vehicle Operator's responsibilities relating to insurance, as well as other insurance terms and conditions detailed in the insurance rules, the text of which is in the vehicle, and the Web site. The tenant and (or) The operator must, before using the vehicle for access to security rules and follow them.
    5. Any risk and responsibility for the negative consequences (including, but not limited to non-payment of insurance benefits, reduction or subrogation claim) arising from the fact that it was executed or defective vehicle insurance contract and the rules of the conditions, those conditions have not fulfill or improperly on whichever party to the contract.
  11. Payments.
    1. Vehicles for use during the tenant must pay the rent, which is calculated as follows:
      1. The use of a vehicle (rides) - for the distance traveled in kilometers list price of rates;
      2. When the vehicle is not in use (not running) - for at period's list hourly rates.
    2. The tenant, at the end of the vehicle life-cycle the left of the vehicle other than specified in the terms of paragraph 9.2 on the spot, must pay list price of the Legacy highway tax, which is calculated from the vehicle's electronic lock until the next of the vehicle use period.
    3. Rent and inheritance tax calculated on the highway by a vehicle is fitted with the presence and movement of data capture equipment, which are considered correct and binding both the lessor and lessee and.
    4. Rent and Legacy highway fee is paid from the account paid. In cases where this amount is not enough, the Lessee must shortfall paid not later than one business day.
    5. The Qwekee system account to pay and Tenant unused money to the Lessee at his request, be returned, if all the following conditions are met:
      1. The tenant proves that he could not account to use for Qwekee system administrator or the Lessor's fault; and
      2. The period during which the tenant could not use the account that includes the last tenth of the subscription expiry.
  12. Responsibility
    1. The tenant is fully responsible for the vehicle all of the vehicle life cycle. Vehicles for the period of Tenants also have and the vehicle as a high-risk source of the manager's responsibility.
    2. The tenant is not responsible for damage to the vehicle, which appeared in the vehicle during use and the earlier use of the vehicle or of natural wear and tear a consequence, if the tenant on them immediately informed the Lessor or Qwekee system administrator by phone and carried out their orders.
    3. If the vehicle during use Vehicle crashes, damaged, injured or lost (including, but not limited to, confiscation of the vehicle as tenants committed an offense endpoint), or lost or damaged vehicle appurtenances (eg. The ignition keys, stereo, etc.). , the Lessee shall indemnify the Lessor damage and losses, how many of them did not cover the Lessor received an insurance payment. The tenant remains liable to the landlord and in cases where the events leading to the vehicle at a third party event of injury or damage is caused to the vehicle or it is lost, are recognized as non-insured or insurance reduction, except if it is the Renter's fault.
    4. If the circumstances of the Tenant owned vehicle is confiscated, retained or lost any other rights to it, the Lessee must compensate for all the losses incurred by the lessor. The parties agree that any sums (fines, compensation, salaries and so on.), The Lessor paid by the state or any third party (providing vehicles forced transporting and (or) storage services and so on.) In order to recover due from tenants or user-contributed circumstances interception (forcibly driven) vehicles is Lessor damages, the lessee įspareigoja damage. The parties agree that this latter provision can not be and will not be interpreted as imposing an obligation on the Lessor any such sums.
    5. The tenant is required to carry out the vehicle insured, the insurance companies in the insurance regulations. Insurance rules are posted on the website and in each vehicle.
    6. The lessee shall assume full responsibility for the violations of the law and the damage (losses), made by third parties of the vehicle during use. If the tenant properly operate the vehicle or otherwise violate this Agreement, which landlord to incur losses (eg .: fees and fines to public authorities or third parties payment, etc.), The Lessee undertakes to compensate the lessor.
    7. If this agreement does not provide other terms, penalties (fines and penalties) and damage (loss), compensation and other amounts Tenant undertakes to pay the Lessor not later than 10 days after the call.
    8. For each delayed settlement date Tenant undertakes to pay the lessor a rate of 0.05% interest on the overdue amount.
    9. The landlord is responsible for this contractual obligations and must pay damages for improper performance of its obligations to the tenant caused direct losses.
  13. Conditions of the Contract validity.
    1. The landlord and tenant legal relationships between a specific vehicle lease is subject to the conclusion of the contract published on the website force the vehicle rental agreement Standard Terms.
  14. Retention of records.
    1. Qwekee system adminsitratorius material with too Qwekee system found a transactional 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 tenant, in order to have proof of their own through Qwekee system performed actions, should the relevant information to save and protect your durable medium.
    3. Qwekee system administrator with the Lessee related information, including the data undertakes to protect the placing of the efforts needed by normal in such cases, the applicable law, it can not guarantee the full information and data security. Qwekee system administrator responsible for any negative consequences of the Lessee incurred on the information and data the failure to store appears only in the case where this is determined Qwekee system administrator's fault.