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 +370 700 77275 or by e-mail support@spark.lt.

2. DEFINITIONS

2.1. “SPARK” shall mean UAB SPARK Lithuania, 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 valid category B driving licence. 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 one year.

2.7. “Administrative Fee” shall mean a fee intended to compensate for the costs incurred by SPARK in performing administrative actions due to the User's violation of the Contract (including, but not limited to, the Rules). The specific amount of the Administrative Fee and the administrative actions taken for each violation are detailed in Appendix No. 1 of the Rules.

2.8. “List of Fees and Compensations” 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) and Administrative Fee list.

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. “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. The User wishing to use a Vehicle must reserve it and enter into a Vehicle Use Agreement via Mobile Application.

3.2.   The User is given the opportunity to reserve the Vehicle in advance before the expected start of use the Vehicle (hereinafter referred to as "Reservation in Advance") for a period of no longer than 11 hours and 55 minutes. The duration of the Reservation in Advance begins from the moment of confirmation of the reservation and ends when the of the Vehicle is unlocked. If the User exceeds 15 minutes of Reservation in advance time, he is charged an additional fee, which is calculated for each minute exceeded according to the rates specified in the Mobile Application price list. The mentioned fee is applied only for the 15-minute Reservation in advance exceeded time duration according to the factual situation, regardless of the Reservation in advance duration specified during the Vehicle reservation.

3.3. A Vehicle shall be reserved in the Mobile. In order to make the reservation, the following actions must be carried out:

3.3.1. login to the Mobile Application;

3.3.2. choose the desired Vehicle;

3.3.3.   select the duration of the Reservation in Advance;

3.3.4. confirm the Vehicle reservation.

3.4. The Reservation confirmation shall be generated on the screen of the smartphone of the User.

3.5. If the User fails to start using the Vehicle during Reservation in Advance duration, 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. The cancellation of the reservation does not affect the additional fees applied to the User and his obligation to pay them according to paragraph 3.2. of these Rules.

3.6. Depending on the duration of the selected Reservation in Advance, the User may be charged a fee for the extension of the reservation in accordance with paragraph 3.2 of these Rules, i.e. if the total of Reservation in Advance duration including the the extension exceeds 15 minutes, an additional fee provided in the Mobile Application price list is charged for each exceeded minute according to the factual situation.

3.7. 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.

3.8. 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.

3.9. 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 make sure 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 travel 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 option "Report damages" in 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.

4.1.3. When choosing the "Report damages" option, User is provided with information on before reported Vehicle damages image of the damages and their location on a certain part of the Vehicle in the Vehicle diagram and is given the opportunity to report new (not marked in the Vehicle diagram) damages. Every time before starting to use the Vehicle, it is recommended for User to analyse information specified in the "Report damages" section and report, if the Vehicle has additional damage than is indicated in the Mobile Application.

4.1.4. 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.

4.1.5. 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, a fire extinguisher, a first aid kit, Type 2 and 220V charging cables, and a snow brush.

4.1.6. The User shall undertake to check and thoroughly examine if all documents, fittings and accessories of the Vehicle provided for in paragraph 4.1.5 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.

4.1.7. In case of stopping on a temporary basis, the Vehicle shall be locked and unlocked with the ignition key of the Vehicle.

4.1.8. 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 make sure that he left all documents, fittings and accessories of the Vehicle referred to in paragraph 4.1.5 hereof in the Vehicle.

4.1.9. 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 travel 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 increased load (carriage of heavy goods, towing another vehicle with the Vehicle 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. Smoking in the Vehicle shall be strictly prohibited; therefore, the User shall be obliged to ensure that no one smoked in the Vehicle.

4.3.4. 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.

4.3.5. 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.

4.3.6. The User shall be obliged to ensure that even in case of parking the motor Vehicle for a short time, the lights and the music player were turned off, the windows, the skylight (if any) are closed, everything is locked.

4.3.7. After use of the Vehicle, the User shall undertake to park the Vehicle in the Vehicle Return Zone or the Paid Vehicle Return Zone.

4.3.8. 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, in areas not designated for parking (such as on lawns and other locations without any road surface) 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 or the User has no right to park. 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.

4.3.9.  Any actions or attempts to read, copy, change or delete the data of the Vehicle system shall be strictly prohibited.

4.3.10. Travel with the Vehicle outside the territory of the Republic of Lithuania shall be prohibited.

4.3.11. 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.

4.3.12. 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.

4.3.13. 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.

4.3.14. The User is 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. devices and mechanisms with visible damage or that malfunction after a traffic accident;

5.1.3. dents in the body, prominent paint layer (paint layer damaged down to the primer), scratches from mechanical damage;

5.1.4. depreciation of the paint layer as a result of intense washing and/or cleaning of the Vehicle;

5.1.5. cracks of windows of the body;

5.1.6. scratches of windows of the body arising as a result of improper use and/or cleaning of the Vehicle;

5.1.7. damages of the interior such as burnt or stained seats, broken plastic parts of the front panel or boot lid, window opening handles etc.;

5.1.8. damaged geometry of the body.

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 one year 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, 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 (franchises) of the Vehicle are:

                      7.3.1. 450 EUR (four hundred fifty euro), when the Vehicle is damaged, and the User has 1 (one) year or more category B Vehicle driving experience;

                      7.3.2. 800 EUR (eight hundred), when the Vehicle is damaged, and the User does not have 1 (one) year category B Vehicle driving experience;

                      7.3.3. 3 000 EUR (three thousand euros) in the case the Vehicle is irreparably damaged (declared beyond repair by the insurance company);

                      7.3.4. 10 (ten) percent of the value of the Vehicle but not less EUR 450 (four hundred fifty euro) in case of Vehicle theft.

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, by actively agreeing with the Mobile Application's Terms, confirms that they have familiarized themselves with 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 agrees to compensate the Operator of the Vehicle for the actual losses incurred that exceed the insurance payout or the reimbursable portion of losses payable by the insurance company. In this case, the reasons for which the insurance company does not compensate the losses (deductible, non-insured event etc.) shall not be important, except when the mentioned reasons are caused by the actions or inactions of Operator of the Vehicle.

8.4. If during the Vehicle Use Period the Vehicle is damaged, destroyed during a traffic accident which is deemed as an insured event, the liability of the User shall be limited to the amount of the deductible:

                      8.4.1. 450 EUR (four hundred fifty euro), when the Vehicle is damaged;

                      8.4.2. 800 EUR (eight hundred), when the User does not have 1 (one) year category B driving experience;

                      8.4.3. 3 000 EUR (three thousand euros) in the case the Vehicle is irreparably damaged (declared beyond repair by the insurance company);

                      8.4.4. 10 (ten) percent of the value of the Vehicle but not less 450 EUR (four hundred fifty euro) in case of Vehicle theft.

                      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. 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).

 8.6.    In the case of the User damaging a SPARK vehicle while driving another SPARK vehicle, and the accident is an insurance exclusion under the Law on compulsory insurance against civil liability in respect of the use of motor vehicles or the vehicle (KASKO) insurance policy, The User agrees to compensate for all losses incurred by the Operator of the Vehicle due to such a traffic accident. This clause does not apply when the traffic accident is deemed non-insurable due to actions or inactions of the Operator of the Vehicle .

8.7. In determining whether a traffic accident is considered insurable, the laws of the Republic of Lithuania and the rules established by insurance companies are followed. Regardless, if any traffic incident mentioned in paragraph 8.5 of the Rules is deemed insurable, the User is obligated to compensate for all losses incurred that are not covered by the insurance company due to the traffic incident, and the User's liability is not limited by the amounts of deductible specified in paragraphs 7.3 and 8.4 of the Rules.

8.8. If in the course of use of the Vehicle it becomes more dirty than usual in operation or is otherwise damaged (the concepts of dirtiness and damage are assessed based on the criteria established in clauses 4.1.4 and 5.1 of the Rules), the User must compensate the Operator of the Vehicle for the reasonable expenses incurred as a result and the administrative fee specified in the list of Taxes and Compensation.

8.9. 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.

8.10. The User shall assume full liability for violations of the legal acts and for any damage caused to third parties by their active actions or inactions during the term of the Vehicle's 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.

8.11. 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).

8.12. 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.

8.13. 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 is required to compensate the Operator of the Vehicle for the damages caused or to pay compensation for such a violation of the Rules, as well as an Administrative fee. Compensation is requested when the damage removal actions are performed by SPARK employees. The amounts for compensations and Administrative fees are detailed in the List of Fees and Compensations.

8.14. 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 Compensations for performance of such additional actions and compensate the Operator of the Vehicle for the incurred losses..

8.15. In the event of a breach of the Vehicle Use Agreement (including these Rules or the Terms and Conditions) by the User, the damages provided for in the List of Fees and Compensations or other penalties (driving while under the influence, Vehicle transfer to a third party, and using it for purposes other than its intended use, i.e., for commercial and other purposes) provided for in the Vehicle Use Agreement shall apply.

8.16. 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  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 plan is not selected 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 the Trip plan is not selected 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. These Rules may be amended due to changes in market conditions, regulatory legal acts, or their interpretations in court practice; to improve the functions of the Mobile Application and the User experience while using SPARK services and to ensure the protection of SPARK's legitimate interests, notifying the User via email 3 (three) business days in advance. The changes to the Rules will take effect 3 (three) business days after the notification is sent to the User via email, and the User accepts them via the Mobile Application. If the User does not agree with the changes, they have the right to not accept them; however, in this case, the ability to reserve and use Vehicles may be restricted, and the User has the right to terminate the contractual relationship with SPARK, thereby losing the opportunity to use the services provided by SPARK. Each individual Vehicle usage agreement shall be governed by the version of the Rules in effect at the time of its conclusion.

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 AND COMPENSATIONS

No.	Breach	Amounts of the fees compensations and other requested sums	Explanation
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 25 EUR Administrative fee	The requested amount shall be necessary for compensation of the expenses incurred by the Operator of the Vehicle or repair of the charging cable is necessary. The Administrative fee is intended to compensate for the costs associated with managing reasonable costs: preparing claims, maintaining accounting records, and managing banking operations.
2	Damaged vehicle body equipment or parts due to User's fault or gross negligence not related to a traffic accident	Full compensation of reasonable costs and 25 EUR Administrative fee	The requested amount is necessary to compensate the reasonable costs of the Operator for the Vehicle damage. The Administrative fee is intended to compensate for the costs associated with managing reasonable costs: preparing claims, maintaining accounting records, and managing banking operations.
3	Damaged vehicle body or equipment, parts, accessories due to the User's fault or gross negligence during a traffic accident	Full compensation of reasonable costs or coverage of the deductible (franchise), if the traffic accident is deemed insured (except for the case specified in paragraph 8.7 of the Rules), and 25 EUR Administrative fee	The requested amount is necessary to compensate for the reasonable costs for the Vehicle damage or deductible (franchise). The Administrative fee is intended to compensate for the costs associated with managing reasonable costs or deductible (franchise): preparing claims, maintaining accounting records, and managing banking operations.
4	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 25 EUR Administrative fee	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. The Administrative fee is intended to compensate for the costs associated with managing reasonable costs: preparing claims, maintaining accounting records, and managing banking operations.
5	Smoking in the Vehicle in violation of paragraph 4.3.3. of the Rules	Full compensation of reasonable costs and 25 EUR Administrative fee	The requested amount shall be necessary for compensation of the expenses incurred by the Operator of the Vehicle for professional cleaning. The Administrative fee is intended to compensate for the costs associated with managing reasonable expenses: preparing claims, maintaining accounting records, and managing banking operations.
6	Waste in the interior of the Vehicle	Full compensation of reasonable costs or  10 EUR compensation, when the cleaning of the cabin and waste removal is performed by SPARK employees, and 25 EUR Administrative fee	The requested reasonable costs or compensation are intended to cover the costs of vehicle cleaning and waste removal. The Administrative fee is intended to compensate for the costs associated with managing reasonable expenses or compensation: preparing claims, maintaining accounting records, and managing banking operations.
7	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	Full compensation of reasonable costs and 25 EUR Administrative fee	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. The Administrative fee is intended to compensate for the costs associated with managing reasonable expenses or compensation: preparing claims, maintaining accounting records, and managing banking operations.
8	Damaged tyre(s) of the Vehicle	Full compensation of reasonable costs for Vehicle transportation and tyre(s) repair/purchase, and 10 EUR compensation for the expenses incurred by SPARK for the removal of the Rule violation by employees and 25 EUR Administrative fee	The requested reasonable costs are necessary to cover the costs of transporting the Vehicle and the costs of tyre repair, purchase. The compensation is sought to cover the expenses incurred by SPARK for the removal of the Rule violation. The Administrative fee is intended to compensate for the costs associated with managing reasonable expenses or compensation: preparing claims, maintaining accounting records, and managing banking operations.
9	During the use of the vehicle, the Traffic Rules and/or other legal acts were violated and SPARK provides information to the police or another institution regarding the User who committed the violation	Administrative fee in the amount of 5 EUR	The fee is collected to cover the expenses incurred by SPARK for administrative actions carried out, such as: familiarization with the received inquiry from the police or another institution regarding the provision of information; identification and determination of the specific trip based on the provided circumstances; submission of data to the police or another legally authorized institution requesting the information.
10	Transfer of the Vehicle to a third party for driving (directly, with the help of mobile applications or by providing access to the User account)	Fine in the amount of 1000 EUR and 25 EUR Administrative fee	Only the User shall be entitled to drive the Vehicle. The Administrative fee is intended to compensate for the costs associated with fine managing: preparing claims, maintaining accounting records, and managing banking operations.
11	The User, having received a warning from SPARK for exceeding the permitted speed limit based on the requirements set forth by the Road Traffic Regulations, continues to exceed the permitted speed limit	Fine in the amount of 150 EUR and 25 EUR Administrative fee	Exceeding the speed limit not only poses a threat to the Vehicle but also to public safety, which is why a fine is imposed for such behaviour. The Administrative fee is intended to compensate for the costs associated with fine managing: preparing claims, maintaining accounting records, and managing banking operations.
12	Failure to report to SPARK of a traffic accident or delay in reporting a traffic accident in violation of paragraph 4.3.12. of the Rules	47 EUR Administrative fee	The administrative fee is intended to compensate for the costs associated with the following actions: clarifying the circumstances of the incident; identifying the User responsible for the traffic incident; preparing the claim; maintaining accounting records; managing banking operations.
13	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 in violation of paragraph 4.2.1. of the Rules	Full compensation of reasonable costs or  10 EUR compensation when the consequences of Rule violation are addressed by SPARK employees and 25 EUR Administrative fee	The requested reasonable costs or compensation are intended to cover the costs of delivering and connecting the Vehicle for charging. The Administrative fee is intended to compensate for the costs associated with managing reasonable costs or compensation: preparing claims, maintaining accounting records, and managing banking operations.
14	The Vehicle is left outside the Vehicle Return Zone or the Paid Vehicle Return Zone marked in the Mobile Application	Full compensation of reasonable costs or,  when the return is made by SPARK employees, a 20 EUR compensation is provided if the car is left within 15 km of the mentioned zones. If the car is left more than 15 km away from the return zone, an additional 10 EUR compensation is applied for every extra 20 km and 25 EUR Administrative fee	Requested responsible costs or compensation are needed to cover the costs of Vehicle Return or Paid Vehicle Return zone. The Administrative fee is intended to compensate for the costs associated with managing reasonable costs or compensation: preparing claims, maintaining accounting records, and managing banking operations.
15	The Vehicle is left in an unauthorised place or left stuck, making it impossible to drive away from the parking location (such as on a lawn or other unsuitable areas) in violation of paragraph 4.3.8. of the Rules	18 EUR compensation when the User leaves the Vehicle in an unauthorized location, and SPARK receives a demand from state authorities or third parties to remove the Vehicle, or the Vehicle cannot be moved without additional assistance (stuck), and the compensation is intended to cover SPARK's costs related to such removal, or full coverage of the losses incurred by the Operator of the Vehicle (requested compensation for the actual costs arising from such a violation of the Rules) and 25 EUR Administrative fee	The requested justified expenses or compensation are needed to cover the costs incurred for the towing of the vehicle and other related expenses. The Administrative fee is intended to compensate for the costs associated with managing reasonable costs or compensation: preparing claims, maintaining accounting records, and managing banking operations.
16	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 300 EUR and 25 EUR Administrative fee	The Vehicle must be used only for its intended purpose (for personal use). The Administrative fee is intended to compensate for the costs associated with fine managing: preparing claims, maintaining accounting records, and managing banking operations.
17	Damaged or destructed charging station where this occurs through the fault of gross negligence of the User	Full compensation of reasonable costs and  25 EUR Administrative fee	The requested amount is 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. The Administrative fee is intended to compensate for the costs associated with managing reasonable costs: preparing claims, maintaining accounting records, and managing banking operations.
18	Driving of the Vehicle under the influence of alcohol, narcotics, psychotropics, or other psychoactive substances	Fine in the amount of 2000 EUR and 25 EUR Administrative fee	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. The Administrative fee is intended to compensate for the costs associated with fine managing: preparing claims, maintaining accounting records, and managing banking operations.
19	Leaving the scene of a traffic accident in violation of Road Traffic Regulations	Fine in the amount of 2000 EUR and 25 EUR Administrative fee	It is prohibited for a User involved in a traffic accident to leave the scene of the accident in violation of Road traffic regulations. The Administrative fee is intended to compensate for the costs associated with fine managing: preparing claims, maintaining accounting records, and managing banking operations.
20	Discharged 12V battery due to inefficient use of the Vehicle or other inefficient use violations in violation of paragraph 4.3.6. of the Rules	Full reasonable expense compensation, when the service provider performs the restoration of the battery voltage and transportation for charging, or  a compensation of 25 EUR, when the restoration of the battery voltage and transportation for charging is performed by SPARK employees, and 25 EUR Administrative fee	Requested reasonable costs or compensation are needed to cover the costs of restoring the Vehicle battery voltage and transporting it to the charging station. The Administrative fee is intended to compensate for the costs associated with managing reasonable costs or compensation: preparing claims, maintaining accounting records, and managing banking operations.
21	The Vehicle is forcibly taken to the storage area in violation of paragraph 4.3.8 of the Rules	Full coverage of losses incurred by the Operator of the Vehicle, which includes reasonable costs (towing to the vehicle storage facility and storage costs; if the Vehicle needs to be transported from the storage facility by the service provider, reimbursement of transportation costs is requested), plus downtime costs (if applicable), and/or a compensation of 25 EUR (if transportation from the vehicle storage facility is carried out by SPARK employees) and 25 EUR Administrative fee		The requested reasonable costs and/or compensation are intended to cover the costs of towing, storage, recovery, and delivery of the Vehicle to the vehicle return area. The Administrative fee is intended to compensate for the costs associated with managing reasonable costs or compensation: preparing claims, maintaining accounting records, and managing banking operations.
22	The User has damaged/ broken/ deformed The Vehicle and requests estimation of the damages/repairs	Full compensation for the estimation of The Vehicle damages/repairs		Requested compensation is a compensation for the Vehicle repair estimation.
23	The User used the Vehicle outside the territory of the Republic of Lithuania and failed to comply with SPARK's requirement to return the Vehicle to the territory of the Republic of Lithuania immediately, which led to the blocking of the Vehicle's ignition	Compensation of vehicle transportation costs when the transportation is carried out by the service provider or, when the return is carried out by SPARK employees, the procedure for determining the amount of compensation payable is: 10 EUR plus 10 EUR for each 20 km distance travelled to the location of the Vehicle and 25 EUR Administrative fee		Requested responsible costs or compensation are needed to cover the costs of Vehicle  return to Vehicle Return or Paid Vehicle Return zone. The Administrative fee is intended to compensate for the costs associated with managing reasonable costs: preparing claims, maintaining accounting records, and managing banking operations.
24	Any violation of any provision of the Rules (such as returning the Vehicle without the ignition key, leaving the Vehicle in a closed area or getting stuck, the Vehicle being towed to a storage facility, damaged, etc.) that prevents the Vehicle from being used for more than 2 hours by the Operator of the Vehicle in their activities	The first day a fee is charged for each additional hour, equivalent to the hourly rate specified in the Mobile application for the Vehicle's usage. For the second day and the following days, a fee is applied, which is equal to the daily rental price of the car specified in the Mobile application.		If the User violates the Rules, they are obligated to pay for the Vehicle's downtime costs for the period during which the Vehicle could not be used, if this period exceeds 2 hours.

This version of the Rules is valid from April 11^th, 2025.