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.       Usershall 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.

2.4.       Parties” shall mean the Operator of the Vehicle and the User collectively; each of them shall be individually referred to as a “Party”.

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 30 (thirty) calendar days in succession.

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 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.   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.

2.14.   The terms not defined in these Rules shall have the meaning provided in the Terms and Conditions.

 

3.    VEHICLE RESERVATION AND AGREEMENT CONCLUSION PROCEDURE

 

3.1.      Whenever the User wishes to conclude the Vehicle Use Agreement, he/she shall first reserve the Vehicle by logging in to his/her Account in the Mobile Application.

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.

3.4.       If the User fails to start using the Vehicle within 15-45 minutes (depending on the chosen reservation period) from the moment of confirmation of the reservation, the Vehicle reservation shall be automatically cancelled. The User shall be entitled at any time to cancel the reservation of up to 15 minutes without any financial consequences.

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 command on the screen of the smartphone 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 respective team on the screen of the smartphone 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), 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.

5.2.       If, having finished use of the Vehicle, the User fails to return the Vehicle in accordance with the requirements set forth herein, the Operator of the Vehicle shall be entitled to address police for the theft of the Vehicle and SPARK shall be entitled to lock the starting of the Vehicle.

5.3.       SPARK shall be entitled at any time to request to return the Vehicle and/or block the use of the Vehicle or Account if the User uses it longer than 30 (thirty) days without settling accounts or returning the Vehicle to the place indicated in the Terms and Conditions or the Rules or uses the Vehicle in a dangerous manner, exceeding the speed limit, manoeuvring between traffic lanes or otherwise breaching the Road Traffic Regulations and/or in an unlawful manner. In such case, the user shall undertake to return the Vehicle to the Operator of the Vehicle not later than within 3 (three) hours from the moment of the request of the Operator of the Vehicle (in the Mobile Application or in any other way not prohibited by the legislation).

 

6.    FAILURES OF THE VEHICLE AND DAMAGES TO THE VEHICLE

 

6.1.       If the Vehicle breaks down, alert signals switch on the dashboard, suspicious extraneous noises can be heard or the Vehicle cannot be further safely operated, the User shall be obliged to immediately stop using the Vehicle and notify the Operator of the Vehicle by telephone and comply with further instructions of the Operator of 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

 

7.1.      The User driving the Vehicle must have a valid Driving Licence and at least 1 (one) year of category B driving experience, be sober and not under the influence of narcotic, psychotropic or other psychoactive substances. Furthermore, transfer of the Vehicle to other persons for driving shall be prohibited.

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.

7.5.      The User shall be entitled to use only the authorised vehicles of SPARK for ride activities and only subject to agreement of all additional conditions with SPARK in advance. If the User is engaged in ride activities with an authorised Vehicle of SPARK, during the period of use of the Vehicle the deductible (franchise) in the amount of EUR 450 (four hundred fifty euro) shall be applicable to the User.

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

 

8.1.       The User shall be fully liable for the Vehicle during the entire term of use of the Vehicle, During the term of use of the Vehicle, the responsibility of the operator of the Vehicle as a source of higher risk shall fall within 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

 

9.1.       The Operator of the Vehicle shall undertake to ensure that the Vehicle was in good order and prepared for operation; thus, the Operator of the Vehicle shall perform all Vehicle maintenance services.

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 and use fee for improper reservation and use 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 to repay to the User the total amount of the Vehicle Use Fee for the respective drive paid by him/her.

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

 

 

Nr.

 

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.

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.

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.

Fine 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 fine shall be assessed individual, 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 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 thee 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, narcotic, psychotropic or other psychoactive substances.

Fine in the amount of EUR 1,500

Driving under the influence of alcohol, narcotic, psychotropic 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 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 necessary for compensation of the expenses incurred by the Operator of the Vehicle of the cost of cleaning/disinfecting the interior.