RULES FOR THE USE OF VEHICLES
1. OBJECT OF THE RULES
1.1.
These
Rules for the Use of Vehicles (hereinafter referred to as the “Rules”) shall supplement the Terms and
Conditions s and shall constitute an integral part of the Contract for the
Provision of Services (hereinafter referred to as the “Contract”) and shall
apply whenever the Vehicle Use Agreement is concluded. These Rules shall
establish:
1.1.1.
the
Vehicle reservation procedure;
1.1.2.
the Vehicle
usage procedure;
1.1.3.
the
requirements for the persons using the Vehicles and related obligations of the User;
1.1.4.
the terms
and conditions of inspection of the Vehicle;
1.1.5.
other
terms and conditions related to use of the Vehicle.
1.2.
These
Rules shall contain only essential information related to reservation and use
of the Vehicle. When reserving and using a Vehicle, the User shall be obliged
to follow the principles of reasonableness and good faith and ensure that the
actions related to reservation of the Vehicle were carried out and the Vehicle
was used as a diligent owner of the Vehicle or another
prudent and cautious person would carry out/used.
1.3.
The User
shall be entitled to contact the representatives of SPARK for all issues
concerning the Vehicle Use Agreement, these Rules or use of the Vehicles: by
telephone 8 700 77275 or by e-mail info@spark.lt.
2.
DEFINITIONS
2.1.
“SPARK” shall mean Ride Share UAB, legal
entity registration number 304136890, VAT identification number LT100009823012,
with the registered office at the address Aukštaičių
g. 7, Vilnius, Republic of Lithuania, data on the company is collected and
stored in the Register of Legal Entities.
2.2.
“Operator
of the Vehicle” shall mean SPARK or another
legal operator of the Vehicle indicated in the Vehicle Use Agreement.
2.3.
“User” shall mean the natural person with legal
capacity indicated in the Vehicle Use Agreement who holds a driving licence and at least 1
(one) year of category B driving experience. Each time the User registers in
the Mobile Application and starts using the Vehicle, the User shall unconditionally
certify that he/she is entitled to use the Vehicle in accordance with the terms
and conditions of the Vehicle Use Agreement.
2.5.
“Vehicle
System” shall mean an electronic system
installed in the Vehicle which records the location of the Vehicle, the
distance covered by the Vehicle, the Vehicle Use Period and other data in
relation to the Vehicle and use of the Vehicle and transmits such data to SPARK.
2.6.
“Vehicle Use
Period” shall mean a period of time
from unlocking of the Vehicle by choosing the command “Unlock” on the screen of
the smartphone using the
Mobile Application by the User to return of the Vehicle to
the place indicated herein and choosing the command “Lock” on the screen of the
smartphone using the Mobile Application. In any case, the Vehicle Use Period
cannot be longer than one year.
2.7.
“Administrative Fee” shall mean a fee in the amount of EUR 10
(ten) referred to in Annex 1 hereto which shall be intended for compensation of
the costs incurred by the Operator of the Vehicle as a result
of administration of the fees, compensations and penalties set out in
the Agreement and these Rules.
2.8.
“List of Fees, Compensations and Penalties”
shall mean Annex 1 hereto which shall lay down the list of penalties for
improper performance or non-performance of the Agreement (including but not
limited to the Rules).
2.9.
“Charging Station” shall mean the
Vehicle electric charger located in the places indicated in the Mobile
Application.
2.10.
“Vehicle Maintenance Services” shall
mean the Vehicle maintenance (major and current repairs, technical support) services,
compulsory insurance against civil liability in respect of the use of motor
vehicles and motor full (CASCO), all materials necessary for operation of the
Vehicle (e.g. electricity, windscreen washer fluid)
provided by SPARK.
2.11.
“Vehicle Return Zone” shall mean a place to which the User may return and park the Vehicle.
The Vehicle may be parked in any paid or free of charge Vehicle Parking Space
indicated in the scheme of Vilnius city local charge for vehicle parking zones
(blue, red, yellow or green zone) as indicated in the
Mobile Application or in the parking lot marked with the sign “Reserved SPARK”.
The Vehicle Return Zone shall be indicated in the Mobile Application.
2.12.
“Paid Vehicle Return Zone” shall mean a place in which the User may return and
park the Vehicle only at the respective charge (for example, the airport
territory, including Kaunas airport etc.). The charge shall be indicated in the
Mobile Application. The Paid Vehicle Return Zone shall be marked in the Mobile
Application in a colour other than the colour of the Vehicle Return Zone and
other marking.
2.13.
“Trip
Offer” – shall mean certain trip offer purchased through the SPARK Mobile
Application for a fixed period, their conditions shall be available on the Website and the Mobile Application.
2.14.
“Terms and Conditions” shall mean the general terms and conditions
which shall establish and contain information on the Mobile Application, the
Website and use thereof, creation of a personal account (Account Service), the
procedure for payment for the services. The Terms and Conditions shall be
available on the Website and the Mobile Application.
2.15.
The terms
not defined in these Rules shall have the meaning provided in the Terms and
Conditions.
3.
VEHICLE
RESERVATION AND AGREEMENT CONCLUSION PROCEDURE
3.2.
A Vehicle shall
be reserved in the Mobile Application. A Vehicle may be reserved
in advance 15-45 minutes (depending on the chosen reservation period) to
the expected start of use of the Vehicle. In order to
make the reservation, the following actions must be carried out:
3.2.1.
login to
the Mobile Application;
3.2.2.
choose the
desired Vehicle;
3.2.3.
confirm
the Vehicle reservation.
3.3.
The
reservation confirmation shall be generated on the screen of the smartphone of
the User.
3.5.
The User
may be additionally charged for extension of the reservation depending on the
chosen reservation period, all fees related to reservation of the Vehicle shall
be set out in the Pricelist on the Mobile Application.
3.6.
By
unlocking the Vehicle, the User shall conclude the Vehicle Use Agreement
available on the Mobile Application with the Operator of the Vehicle. The
Vehicle Use Agreement shall be deemed to be concluded and valid from the moment
of confirmation thereof, after familiarisation with the terms and conditions of
the Vehicle Use Agreement and clicking the button “Unlock” by the User and
shall remain in force till the moment of locking the Vehicle by choosing the
command “Lock” in the Mobile Application by the User.
3.7.
At the moment of
conclusion of the Vehicle Use Agreement, the price of use of the Vehicle is
fixed, which may vary depending on the rates specifies in the Pricelist.
3.8.
The User
shall undertake to pay for the Vehicle Use Period and other provided services
at the rates indicated in the Pricelist.
4.
VEHICLE
USE PROCEDURE
4.1.
The
instructions for use and examination of the Vehicle shall be as follows:
4.1.1.
The
reserved Vehicle shall be unlocked by choosing the command “Unlock” on the
screen of the smartphone using the Mobile Application by the User;
4.1.2.
Each time
before starting using the Vehicle, the User shall be recommended to satisfy
himself/herself that the Vehicle is in good order and suitable for operation.
The Operator of the Vehicle recommends to examine the Vehicle (the inside and
outside of the Vehicle), check the Vehicle tyre pressure and if the charge level
of the electrical battery of the Vehicle is sufficient to cover 10 km (ten
kilometres) or more, if all lamps of the Vehicle work, if the Vehicle and its
equipment does not have externally visible damages, defects and/or other
deficiencies and, in case of detection of such damages, defects and/or
deficiencies, to immediately notify the Operator of the Vehicle by the contact
details indicated in the Mobile Application or choose the appropriate help in
your Account using the Mobile Application. In case of a failure to do this, the
User may receive a request to clarify if the respective damages have not
occurred while the User was using the Vehicle from the Operator of the Vehicle and/or
a request to compensate expenses.
4.1.3.
The
following deficiencies/defects may be considered as external
deficiencies/defects of the Vehicle: apparently dirty/unclean exterior of the
Vehicle; mechanical damages (such as bent, scratched
or otherwise deformed parts of the Vehicle) etc. The following deficiencies/defects
may be considered as internal deficiencies/defects of the Vehicle: smearing of
the Vehicle with liquids, food, animal hair/bristles, down, plants/parts
thereof, dirt and any other unclear materials, damage to the materials or parts
of the interior of the Vehicle etc. The above lists shall not be exhaustive and
shall be only indicative.
4.1.4.
The
Vehicle ignition key, the charging station activation token, the Vehicle
registration certificate or a copy thereof, the policy
of compulsory insurance against civil liability in respect of the use of motor
vehicles or a copy thereof shall be available in each Vehicle, Type 2 charging
wires.
4.1.5.
The User
shall undertake to check and thoroughly examine if all documents, fittings and
accessories of the Vehicle provided for in paragraph 4.1.4 hereof are in place
and if he/she does not find any of them or if they have any shortcomings,
defects and/or deficiencies, to immediately, before starting using the Vehicle,
notify the Operator of the Vehicle by the contact details indicated in the
Mobile Application or choose the appropriate help in your Account using the
Mobile Application.
4.1.6.
In case of
stopping on a temporary basis, the Vehicle shall be locked and unlocked with
the ignition key of the Vehicle.
4.1.7.
After
using the Vehicle, the User shall be obliged to return the Vehicle to the
Vehicle Return Zone or Paid Vehicle Return Zone, remove the ignition key from
the lock and leave it in the interior of the Vehicle, check if no his/her
belongings are left in the Vehicle and satisfy himself/herself if he left all
documents, fittings and accessories of the Vehicle referred to in paragraph 4.1.4
hereof in the Vehicle.
4.1.8.
After
arrival to the Vehicle Return Zone or Paid Vehicle Return Zone and getting out
of the Vehicle, the User shall choose the command “Lock” using the Mobile
Application. By leaving the Vehicle, the User shall undertake to ensure that it
was locked, the lamps and the player are switched off, all windows and skylight
(if any) are closed, the Vehicle is parked in ‘P’ parking mode, the parking
brake is used, the Vehicle is parked in accordance with the Road Traffic
Regulations, other legal acts and the security
requirements. The User shall undertake to indemnify SPARK against all losses
incurred as a result of emergence of the circumstances
provided for in this paragraph.
4.2.
Charging
of the battery of the Vehicle:
4.2.1.
If while
using the Vehicle the battery charge level of the Vehicle becomes insufficient
to cover less than 10 km (ten kilometres) or if “Turtle Mode” lights up on the
vehicle’s dashboard 
, the User shall undertake to leave the Vehicle
in charging mode in the nearest charging station.
4.3.
Other
terms and conditions of use of the Vehicle:
4.3.1.
The User
shall be obliged to ensure that the Vehicle was used for its intended purpose
in accordance with the Agreement including these Rules, the Road Traffic Regulations and the requirements of other legislation.
4.3.2.
The User
shall not be entitled to use the Vehicle for racing and other sporting and
competition related purposes, use it as a training vehicle, use it for carrying
out taxi, ride or other commercial activities except for the cases provided for
in paragraph 7.5 hereof. The User shall not be entitled to use the Vehicle at
constant increased load (carriage of heavy goods etc.), use the Vehicle for the
purposes for which it is not adapted, use the Vehicle for carrying out the
activities prohibited by the legal acts of the Republic of Lithuania.
4.3.3.
It is
prohibited to use the Vehicle if you are sick or have symptoms of covid-19
(coronavirus infection).
4.3.4.
Smoking in
the Vehicle shall be strictly prohibited; therefore, the User shall be obliged
to ensure that no one smoked in the Vehicle.
4.3.5.
Carrying
out of animals in the Vehicle shall be prohibited except for the cases where
they are carried in specially adapted boxes ensuring that the interior of the
Vehicle is not smeared or stained with animal hair or otherwise damaged and
ensuring that the animal is safely carried.
4.3.6.
The User
shall be entitled to carry young children only in cases where they are seated
in properly fastened child seats or auxiliary seats. The User shall arrange
such safety and appropriate means of carriage for children.
4.3.7.
The User
shall be obliged to ensure that even in case of parking the motor Vehicle for a
short time, the lights and the player were turned off, the windows, the
skylight (if any) were closed, everything was locked.
4.3.8.
After use
of the Vehicle, the User shall undertake to park the Vehicle in the Vehicle
Return Zone or the Paid Vehicle Return Zone.
4.3.9.
The User
shall undertake to ensure that after use of the Vehicle it shall not be parked
in private vehicle parking lots, yards, vehicle parking spaces reserved for
third parties or leaving the Vehicle in the charging station in non-charging
mode. The User shall undertake to ensure that the Vehicle was not left in the
place in which parking of the Vehicle is prohibited by road signs and/or road
marking. The User cannot park the Vehicle in the zones of the signs “No
Stopping”, “No Parking”, “Reserved for Parking” and otherwise violate the Road
Traffic Regulations. The provision prohibiting parking of the Vehicle in the
zone of the road sign “Reserved for Parking” shall not be applicable only in
cases where additional plates “Electric vehicles”, “Except for electric
vehicles” are fixed under the road sign and in the Vehicle
parking spaces specially reserved for SPARK Vehicles; the exception shall not
be applicable in cases where a plate specifying or restricting the term of
validity of the road sign is fixed under the road sign. The provision
prohibiting the User from leaving the Vehicle in the zones of the signs “No
Stopping”, “No Parking”, “Reserved for Parking” shall be applicable in all
cases where additional plates specifying or restricting the term of validity of
the road signs with which they are used are fixed under the road signs, i.e.
the User shall not be entitled to leave the Vehicle in the zones of road signs
under which additional plates specifying or restricting the term of validity of
the road signs are fixed. The responsibility for violations of the Road Traffic
Regulations and/or other legal acts or these Rules by parking of the Vehicle
not in the right place shall fall within the User.
4.3.10.
Any
actions or attempts to read, copy, change or delete the data of the Vehicle
system shall be strictly prohibited.
4.3.11.
Removal of
the Vehicle outside the territory of the Republic of Lithuania shall be
prohibited.
4.3.12.
The User
shall undertake to comply with the Vehicle operation requirements, instructions and recommendations, established requirements
of the Road Traffic Regulations and other applicable legislation. The User
shall also undertake to comply with the Vehicle operation requirements which
are not mentioned herein above but are considered as ordinary requirements for
use of such property.
4.3.13.
The User
shall undertake to immediately notify the Operator of the Vehicle and the
respective public authority (e.g. police, fire
service) if the Vehicle is lost, destroyed, damaged, breaks down or otherwise
becomes improper for use as well as circumstances preventing from operation and
use of the Vehicle or ensuring normal Vehicle operation conditions arise.
4.3.14.
The User shall
not be entitled to lease the Vehicle, assign his/her rights and duties under
the Vehicle Use Agreement or transfer the Vehicle to
another person and/or allow another person to use the Vehicle without a written
consent of the Operator of the Vehicle.
4.3.15.
The User
shall be familiarised with and agree that it may take up to 1 (one) minute to
unlock or lock the Vehicle (each action separately) due to the communication
operators and the time shall be included in the time for which the Vehicle use
fee is charged.
5.
TERMS AND
CONDITIONS OF THE END OF USE OF THE VEHICLE
5.1.
Having
used the Vehicle, the User shall undertake to return the Vehicle to the Vehicle
Return Zone or the Paid Vehicle Return Zone in the condition in which the User
picked the Vehicle taking into account normal
wear and tear. For the purposes of taking a decision on normal wear and tear of
the motor Vehicle, the Parties shall follow the requirements established in the
public maintenance rules. In addition to other damages, the normal wear and
tear shall not include the following:
5.1.1.
broken,
deformed or otherwise mechanically or thermally damaged parts;
5.1.2.
inoperable
devices and mechanisms;
5.1.3.
body
dents, paint layer cracks and clear scratches (where the paint layer is damaged
to the primer layer);
5.1.4.
depreciation
of the paint layer as a result of intense washing and/or cleaning of the Vehicle;
5.1.5.
low
quality repair and/or defects as a result of repair;
5.1.6.
cracks of
windows of the body;
5.1.7.
scratches
of windows of the body arising as a result of improper use and/or cleaning of
the Vehicle;
5.1.8.
damages of
the interior such as burnt or stained seats, broken plastic parts of the front
panel or boot lid, window opening handles etc.
5.1.9.
damaged
geometry of the body.
5.1.10.
And other.
6.
FAILURES
OF THE VEHICLE AND DAMAGES TO THE VEHICLE
6.2.
In the
event of any damages to the Vehicle during a traffic accident or due to other
circumstances, the User shall undertake to immediately notify the Operator of
the Vehicle and the respective services (police, fire service etc.), complete a
traffic accident declaration and carry out other necessary actions with a view
to preventing or reducing possible damages to the Vehicle and/or persons and
property.
6.3.
The User
shall be obliged to ensure that the Vehicle was not further used in case where
it breaks down and further use of the Vehicle may lead to major failures,
increase damages or endanger the traffic safety.
7.
REQUIREMENTS
FOR THE PERSONS USING VEHICLES AND RELATED OBLIGATIONS OF THE USER
7.2.
The User
using the Vehicle shall be obliged to comply with the requirements of the Road
Traffic Regulations and all other legal acts.
7.3.
By these
Rules, the User shall be notified that the deductible (franchise) of the
Vehicle amounts to EUR 450 (four hundred fifty euro) and, in case of a theft
risk, 10 (ten) per cent of the value of the Vehicle but not less EUR 450 (four
hundred fifty euro).
7.4.
The User
shall be notified that, according to the Vehicle Insurance Rules, the insurer
that has paid out the insurance benefit shall have the right of recourse
against the responsible party.
7.6.
The User
shall certify that he/she has familiarised himself/herself with the principle
of operation of the system of the Vehicle described herein, the data collected
and transferred by it and types of such data and shall not object to collection
and use of such data for the purposes of performance of the Agreement; the User
shall recognise the data provided by the system of the Vehicle as true and
correct and agree that such data was used and considered as reliable for
calculation of the payable fee for use and/or other payments. The User shall
also agree that the data may be used as a means of proof in court and other
dispute resolution authorities.
8.
LIABILITY
OF THE USER
8.2.
The User
shall not be held liable for any failures and/or defects of the Vehicle which
arise in the course of operation
of the Vehicle and are the consequence of earlier operation and normal wear and
tear of the Vehicle if the User immediately notifies the Operator of the Vehicle
by telephone and complies with the instructions given by the Operator of the
Vehicle.
8.3.
If during
the Vehicle Use Period the Vehicle is damaged, destroyed or lost (including but
not limited to confiscation of the Vehicle) and if any accessories of the
Vehicle (e.g. ignition key) are lost, destroyed or damaged, the User shall
undertake to pay to the Operator of the Vehicle a penalty in the amount
indicated in the List of Fees, Compensations and Penalties and indemnify the
Operator of the Vehicle against the losses to the extent they exceed the amount
of the penalty in cases where the losses are not compensated by the insurance
company which has insured the Vehicle. In this case, the reasons for which the
insurance company does not compensate the losses (deductible, non-insured event
etc.) shall not be important.
8.4.
If during
the Vehicle Use Period the Vehicle is damaged, destroyed during a traffic
accident which is recognised as an insured event, the liability of the User
shall be limited to the amount of the deductible, i.e.
EUR 450. Nevertheless, in all cases, the User shall also indemnify SPARK
against any incurred losses (chemical cleaning, towing, washing etc.) if SPARK
has incurred such losses through the fault of the User.
8.5.
If during
the Vehicle Use Period the Vehicle is damaged, destroyed during a traffic
accident which is not recognised as an insured event, the User shall undertake
to compensate all incurred losses including but not limited to the incurred or
future repair costs according to the detailed estimate and pay the amounts set
out in the List of Fees, Compensations and Penalties to the Operator of the
Vehicle. The following events may be considered as non-insured events:
8.5.1.
if the
User caused a traffic accident while being under the influence of alcohol,
narcotic substances or other psychotropic substances;
8.5.2.
if the
User was driving the Vehicle without having the right to drive vehicles of the
respective category;
8.5.3.
if the
Vehicle was handed over to a third party with whom the Vehicle Use Agreement
was not concluded;
8.5.4.
if the
traffic accident is not properly formalized (there is no properly completed
traffic accident declaration or there is no police certificate regarding the
traffic accident);
8.5.5.
if the
User has failed to comply with the requirements of the police officer (traffic
regulation officer), attempted to escape or was forced to stop or arbitrarily
left the scene of the accident;
8.5.6.
if the
User used the Vehicle as an instrumentality of crime;
8.5.7.
if the
User was driving the Vehicle for the purposes of preparation for participation
or participated in the events during which vehicles are driven at high speed (for
example, sporting competitions, training);
8.5.8.
and other
cases in which these Rules are violated.
8.6.
In all
cases, these Rules shall apply to determine whether an accident is insured.
8.7.
If in the course of use of the Vehicle it becomes more dirty
than usual in operation or is otherwise damaged (both inside and outside, in
accordance with paragraphs 4.1.3 and 5.1 hereof), the User shall be obliged to
compensate the amount indicated in the List of Fees, Compensations and
Penalties.
8.8.
In case
where the Vehicle is confiscated is confiscated, detained
or lost or any other rights to it are restricted in the course of use of the
Vehicle through the fault of the Lessee or due to the circumstances arising in
the course of such use, the User shall be obliged to comply with all terms and
conditions of the Agreement in relation to the Vehicle provided for herein
before return of the Vehicle. The User shall also be obliged to indemnify the
Operator of the Vehicle against all losses incurred in relation to the
circumstances set out in this paragraph of the Rules.
8.9.
The User
shall assume full liability for violations of the legal acts and damage caused
to third parties during the Vehicle Use Period. If the User operates the Vehicle
in an improper manner or otherwise breaches the Vehicle Use Agreement
(including the Rules) and, consequently, the Operator of the Vehicle incurs
losses (e.g. payment of taxes or fines payable to
public authorities or third parties etc.), the User shall undertake to
indemnify the Operator of the Vehicle against such losses. The User shall be
notified that all personal data of the User available to SPARK may be
transferred to public authorities, bailiffs and/or other persons for the
purposes of payment of fees, compensations or fines as provided for in SPARK
Privacy Policy.
8.10.
In any
case, payment of the fees, compensations and penalties shall not release the
User from the duty to fulfil the obligations provided for in the Vehicle Use
Agreement (including the Rules or the Terms and Conditions).
8.11.
Failure to
exercise the rights provided for herein (including the Rules or the Terms and
Conditions) by the Operator of the Vehicle shall not imply a waiver of such
rights and partial exercise of such rights shall not prohibit from further
exercise of such rights.
8.12.
In case
where the User is responsible for the defects of the Vehicle, equipment and/or
documents thereof, dirt, defects and/or other non-conformities in the exterior
and/or the interior as provided for in the Vehicle Use Agreement (including
these Rules or the Terms and Conditions), the User shall be obliged to pay to
the Operator of the Vehicle the amounts indicated in the List of Fees,
Compensations and Penalties or indemnify the Operator of the Vehicle against
the losses incurred as a result of elimination of such shortcomings, defects,
dirt to the extent not covered by the penalties.
8.13.
If the
User violates the Road Traffic Regulations and/or other legal acts and,
consequently, the Operator of the Vehicle must carry out additional actions to
detect and address such violations (e.g. transmission of police reports,
provision of responses and communication etc.), the User shall undertake to pay
to the Operator of the Vehicle the administrative fee provided for in the List
of Fees, Compensations and Penalties for performance of such additional actions
and compensate the Operator of the Vehicle for the incurred losses if they
exceed the amount indicated in the List of Fees, Compensations and Penalties.
8.14.
In the
event of a breach of the Vehicle Use Agreement (including these Rules or the
Terms and Conditions) by the User, the penalties provided for in the List of
Fees, Compensations and Penalties or other penalties provided for in the
Vehicle Use Agreement shall apply.
8.15.
If the
User fails to properly and timely settle accounts in accordance with the
Vehicle Use Agreement (including these Rules or the Terms and Conditions) or in
case of violations of the Contract for the Provision of Services according to
paragraphs 3.8, 4.3.1-4.3.14, 5.3. hereof etc., SPARK shall be entitled to
request the User to remedy the breaches and block the User’s Account. If the
User fails to eliminate the breaches within the time limit set by SPARK, SPARK shall
be entitled to immediately block the use of the Vehicle (lock the starting of
the Vehicle or block the possibility to use the User’s Account), suspend
performance of the Vehicle Use Agreement for a reasonable period of time and
request to return the Vehicle in accordance with the procedure prescribed
herein and to compensate the damage.
9.
DEFECTS
AND NON-CONFORMITIES OF THE VEHICLE AND RELATED LIABILITY OF THE OPERATOR OF
THE VEHICLE
9.2.
The
defects of the Vehicle which do not affect the traffic safety or shall not
affect it in the near future as well as the defects
which are not a consequence of improper maintenance of the Vehicle carried out
by the Operator of the Vehicle shall not be recognised as defects. The Vehicle
colour smearing, minor impurities in the interior of the Vehicle which do not
smear clothing, minor defects of the body etc. shall not be considered as
defects.
9.3.
If SPARK fails
to ensure collection of the Vehicle reserved by the User for use (i.e. the
reserved Vehicle or another Vehicle is not in the chosen place of collection of
the Vehicle at the time reserved by the User or the Vehicle is not in good
order and cannot be operated) and the afore-mentioned circumstances become
evident before the start of the term of the Vehicle, SPARK shall undertake to
repay to the User the total amount of the Vehicle reservation paid in advance unless otherwise agreed by
the Parties.
9.4.
If, after
the User starts using the Vehicle, the Vehicle breaks down or cannot be
operated through no fault of the User, the Operator of the Vehicle shall
undertake:
9.4.1.
To repay
to the User an amount proportional to the time during which the User could not
use the Vehicle when the Trip Offer is not drawn up unless otherwise agreed by
the Parties;
9.4.2.
To replace
the used Vehicle with another similar one, with the same configuration or with
a better Vehicle, when the User has drawn up a Trip Offer unless otherwise
agreed by the Parties.
9.5.
The
Operator of the Vehicle shall not be liable for the actions or omission of
action of local self-government institutions, other users of the Vehicles and
other third parties. The Operator of the Vehicle shall also be not liable for
the losses which are incurred or may be incurred by the User as
a result of inefficient use of the Vehicle and the losses incurred as a
result of a failure of the Vehicle to meet the User’s expectations. In any
case, the Operator of the Vehicle shall not be liable for any indirect losses.
Limitation of liability of the Operator of the Vehicle shall not be applicable
where damage is caused by death, injuries of the User or damage caused to the
User’s property.
9.6.
The
Operator of the Vehicle shall not be liable for the losses incurred by the User
as a result of his/her inability to use the Vehicle
due to an accident and for other reasons beyond control of the Operator of the
Vehicle.
9.7. The Operator of the Vehicle shall in no
case be liable for the User’s belongings left in the Vehicle.
10.
FINAL
PROVISIONS
10.1.
These
Rules shall constitute an integral part of the Vehicle Use Agreement.
10.2.
In the
event of any changes in the market conditions or the legislation regulating the
market as well as on other objective grounds, the Terms and Conditions set out
herein may be amended by giving a 3 (three) business days’ notice to the User
by SPARK by e-mail. The new Rules shall come into force 3 (three) business days
after the date of presentation of the new Rules. If the User does not agree to
the amendments, he/she shall be entitled not to enter a new Vehicle Use
Agreement.
10.3.
Either
Party shall undertake to notify the other Party of any changes in the address
of the registered office (place of residence) and other contact details
indicated in the Vehicle Use Agreement in writing, on the Mobile Application or
the Website not later than within 5 (five) calendar days.
10.4.
For the
purposes of these Rules, the capitalised terms shall have the same meaning as
in the Contract for the Provision of Services except for the cases where it is
expressly and unequivocally established otherwise.
Annex 1
LIST OF
FEES, COMPENSATIONS AND PENALTIES
|
No. |
Breach |
Amounts
of the fees, compensations or penalties |
Explanation
of imposition of the fees, compensations or
penalties |
|
1 |
Lost, damaged
or irreparably damaged battery charging cable where this occurs through the
fault of gross negligence of the User |
Full compensation of reasonable costs
and the administrative fee in the amount of EUR 10 |
The requested amount shall be necessary
for compensation of the expenses incurred by the Operator of the Vehicle
through the fault or gross negligence of the User where purchase of a new
charging cable is necessary or repair of the charging
cable is necessary |
|
2 |
Lost or damaged (broken) key and/or
documents of the Vehicle where this occurs through the fault of gross
negligence of the User |
Full compensation of reasonable costs
and the administrative fee in the amount of EUR 10 |
The requested amount shall be necessary
for compensation of the expenses incurred by the Operator of the Vehicle
through the fault or gross negligence of the User where a new key and/or
documents of the Vehicle are necessary and other works of repair of the
Vehicle and its accessories are necessary due to such actions of the User |
|
3 |
Smoking in the Vehicle |
From EUR 30 to EUR 100 or full
compensation of reasonable costs and the administrative fee in the amount of
EUR 10 |
Every time the amount of the
compensation shall be assessed on an individual basis, taking
into account perceptible odour, ash in the interior of the Vehicle and
other relevant circumstances. To eliminate the odour of nicotine,
professional cleaning of the interior may be necessary; in such case,
compensation of the costs of cleaning the interior of the Vehicle incurred by
the Operator of the Vehicle shall be requested |
|
4 |
Waste in the interior of the Vehicle |
From EUR 20 to EUR 100 and the
administrative fee in the amount of EUR 10 |
Every time the amount of the
compensation shall be assessed on an individual basis, taking
into account the extent of waste and allocated time |
|
5 |
Damaged, broken, dirty or otherwise
deformed interior of the Vehicle and/or accessories thereof, carrying of
animals not in boxes specially designated for this purpose |
From EUR 30 to EUR 100 or full
compensation of reasonable cleaning and/or repair costs and the
administrative fee in the amount of EUR 10 |
Every time the amount of the
compensation shall be assessed on an individual basis, taking
into account the extent of damage to and/or deformation of the
interior. Professional cleaning, repair and original parts may be necessary
for restoration of the interior; in such case, full compensation of
reasonable cleaning and/or repair costs may be requested |
|
6 |
Damaged tyre(s) of the Vehicle |
From EUR 30 to EUR 200 or full
compensation of reasonable costs and the administrative fee in the amount of
EUR 10 |
Every time the amount of the
compensation shall be assessed on an individual basis, taking
into account the extent of damage to the tyre(s), the number of the
tyres and other relevant circumstances |
|
7 |
Violation of the Road Traffic
Regulations and/or other legal acts during the period of use of the Vehicle |
Administrative fee in the amount of EUR
10 |
The fee shall be imposed to cover the
administrative costs incurred by the Operator of the Vehicle; the User shall
be obliged to pay the penalties imposed by third parties for the breaches by
the User by himself |
|
8 |
Transfer of the Vehicle to a third party
for driving |
Fine in the amount of EUR 1,000 |
Only the User shall be entitled to drive
the Vehicle |
|
9 |
Failure to report of a traffic accident
or delay in reporting a traffic accident |
From EUR 100 to EUR 500 |
Every time the amount of the
compensation shall be assessed on an individual basis, taking
into account the traffic accident which has occurred, the caused
damage, the time of delay and other circumstances. If the User gets involved
in a traffic accident with the Vehicle, the User shall be obliged to
immediately fill in a traffic accident declaration, report the accident to
the police, other services (as appropriate) and the Operator of the Vehicle |
|
10 |
The Vehicle is left not in the Charging
Station or not in a charging mode with such charge level of the electric
battery of the Vehicle which is sufficient for covering at least 10 km or if
“Turtle Mode” lights up on the vehicle’s dashboard |
From EUR 15 to EUR 30 and the
administrative fee in the amount of EUR 10 |
The amount of the compensation to be
imposed shall be determined taking into account the
distance the Vehicle must cover to the nearest Charging Station. The Vehicle
must be delivered to the nearest Charging Station |
|
11 |
The Vehicle is left outside the Vehicle
Return Zone or the Paid Vehicle Return Zone marked
in the Mobile Application with such charge level of the electric battery of
the Vehicle which is sufficient to cover at least 10 km |
From EUR 20 to EUR 50 or payment of the
Vehicle transportation costs |
The amount of the compensation to be
imposed shall be determined taking into account the
distance the Vehicle must cover to the Vehicle Return Zone marked in SPARK
Mobile Application. The Vehicle shall be delivered to the nearest Charging
Station |
|
12 |
The Vehicle is left in an unauthorised
place or failing to comply with the requirements set out in the Rules |
From EUR 10 to EUR 30 or full
compensation of the losses incurred by the Operator of the Vehicle and the
administrative fee in the amount of EUR 10 |
Every time the amount of the compensation
shall be assessed individually, taking into account
the committed breach and the losses incurred by the Operator of the Vehicle.
The Vehicle shall be left in the place indicated in the Agreement/Rules |
|
13 |
The Vehicle is used not for the intended
purpose, without observing the restrictions provided for in paragraph 4.3.2.
of the Rules (for example, used for the provision of commercial services, for
racing or as training vehicle etc.) |
Fine in the amount of EUR 300 |
The Vehicle must be used only for its
intended purpose for personal purposes |
|
14 |
Damaged or destructed charging station
where this occurs through the fault of gross negligence of the User |
Full
compensation of reasonable costs and the administrative fee in the amount of
EUR 10 |
The requested amount shall
necessary for compensation of the costs incurred through the fault or gross
negligence of the User where repair of the Charging Station or purchase of a
new Charging Station is necessary. The Charging Stations must be used
according to the instructions |
|
15 |
Driving of the Vehicle under the
influence of alcohol, narcotics, psychotropics, or other psychoactive
substances |
Fine in the amount of EUR 1,500 |
Driving under the influence of alcohol, narcotics,
psychotropics, or other psychoactive substances shall be prohibited. In such
cases, SPARK shall also block the User’s Account |
|
16 |
Use of the Vehicle outside the Republic
of Lithuania. |
Fine in the amount of EUR 1,000 |
Driving of the Vehicle outside the
Republic of Lithuania shall be prohibited because the provision of the
services provided by SPARK shall be limited to the territory of the Republic
of Lithuania |
|
17 |
The User used the Vehicle while sick or
experiencing symptoms of Covid-19 (coronavirus infection) |
EUR 30 |
The requested amount shall be necessary
for compensation of the expenses incurred by the Operator of the Vehicle of
the cost of cleaning/disinfecting the interior |
|
18 |
Discharged 12V battery due to
inefficient use of the Vehicle or other inefficient use violations |
From EUR 15 to EUR 30 or full
compensation of the losses incurred by the Operator of the Vehicle and the
administrative fee in the amount of EUR 10 |
The requested amount is required to
compensate the losses incurred by the Operator to restore the voltage of the
12V battery or other expenses incurred by the Operator due to inefficient use
of the Vehicle |