Motor vehicle rental agreement

GENERAL CONDITIONS

This Motor Vehicle Rental Agreement, which consists of General Conditions and Special Conditions, is concluded between the Motor Vehicle Lessor (“Lessor”) and the Motor Vehicle Lessee (“Lessee”). The Lessor and the Lessee are hereinafter jointly referred to as the Parties and each individually as the Party.

DEFINITIONS
1. Prepayment means the amount of money, which is automatically calculated and specified in the Special Conditions depending on the type of the Vehicle and the Rental Period, and payable to the Lessor by the Lessee. The Prepayment is used for partial payment of the Rental Fees and other charges under the Agreement as provided for in Paragraphs 8.16, 9.5, 9.6, 9.14 and 12.8 of the Agreement, in accordance with the procedure laid down in the Agreement.
2. Website means the internet site of the Lessor www.mybee.lt, where the information about rented Vehicles and other information related to Vehicles and their rental is provided.
3. Monthly Rental Fee means a monthly fee payable by the Lessee to the Lessor, the amount of which is specified in the Special Conditions, and which is calculated by setting off a proportionate part of the Prepayment for the month against the Rental Fee.
4. Mobile Application means the CityBee application for smartphones, tablets and other mobile devices designed to conclude the Motor Vehicle Rental Agreement, and to unlock or lock the Vehicle.
5. Lessee means a natural or legal person who has signed this Agreement and has acquired the right to temporarily hold and use the Vehicle provided by the Lessor by paying the Rental Fee.
6. An employee of the Lessee means an employee of the Lessee (a legal person) or another natural person designated by the Lessee to open an account on the Mobile Application and/or on the Website on behalf of the Lessee and/or to hire the Vehicle on behalf of the Lessee.
7. Rental Fee means the fee paid by the Lessee to the Lessor for the rental of the Vehicle, the amount of which is specified in the Special Conditions.
8. Recalculation of the Rental Fee means the recalculation of the Rental Fee specified in Paragraph 8.16 of the Agreement, which is carried out if the Agreement is terminated prior to the expiry of the Rental Period.
9. Rental Period is the period during which the Lessee is entitled to temporarily hold and use the Vehicle by paying the Rental Fee. The Special Conditions also stipulate the Minimum Rental Period which shall not be longer than 6 (six) months. If this Agreement is extended, the Minimum extended Rental Period shall be stipulated in the Special Conditions and it shall not be longer than 4 (four) months. The Rental Period of the Vehicle shall start from the date of effect of the Motor Vehicle Rental Agreement.
10. Parking Area means a parking where the Vehicle is parked. The Lessee shall collect the Vehicle from the Parking Area and/or return it after the expiry of Rental Period of the Vehicle or the termination of the Rental Period on other grounds. Parking Areas from which the Vehicle is collected and where it is returned may not coincide. Vehicles of certain models indicated on the Mobile Application and on the Website must be returned to the same Parking Area from which they were collected. The list of Parking Areas is provided on the Mobile Application and/or on the Website.
11. Agreement means the Motor Vehicle Rental Agreement, which consists of the Special and General Conditions. The Special and General Conditions are an integral and inseparable part of this Agreement. In the event of any inconsistencies between the Special and General Conditions of the Agreement, the Special Conditions of the Agreement shall prevail.
12. Special Conditions are an inseparable part of this Agreement. The Special Conditions include (i) the choices made and confirmed by the Lessee in the Mobile Application and/or on the Website, and (ii) the conditions of the Agreement generated automatically by the actions and choices made by the Lessee. The Lessee is familiarised with these conditions in detail prior to the conclusion of the Agreement. The choices made and confirmed by the Lessee, including the conditions of the Agreement generated automatically by the choices made by the Lessee, cannot be amended during the Rental Period.
13. Vehicle means a motor vehicle fitted with a telemetry system provided by the Lessor to the Lessee to hold and use temporarily in accordance with the procedure and terms laid down in this Agreement.
14. Vehicle Rental means the right granted by the Lessor to the Lessee to temporarily hold and use the Vehicle in exchange for the Rental Fee paid to the Lessor.
15. Vehicle telemetry system means an electronic system installed on the Vehicle that (i) tracks the location, route, coordinates, virtual driving speed, battery voltage and other parameters of the Vehicle specified in the Agreement and transmits the data to the Lessor, and (ii) allows to disable the unlocking and/or starting of the engine of the Vehicle.
16. Consumer means a natural person who seeks to conclude or concludes the Agreement for the purposes not related to his business, trade, craft or profession (for purposes of use).
SUBJECT OF THE AGREEMENT
1. The Lessor undertakes to grant the Lessee the right to hold and use the Vehicle temporarily in exchange for the Rental Fee under the terms and conditions set out in the Agreement and in accordance with the procedure set out in the Agreement, and the Lessee undertakes to pay the Rental Fee to the Lessor according to the terms and conditions of the Agreement.
2. The Parties agree that every calendar year the Rental Fee may be reviewed by the Lessor and adjusted as proposed by the Lessor. If the Lessee does not agree with the proposed adjustment of the Rental Fee, the Motor Vehicle Rental Agreement may within 30 (thirty) calendar days be terminated before its expiry.
3. The Lessee is aware that all rented Vehicles are equipped with the telemetry equipment.
4. The Parties agree that the selections made by the Lessee, including the conditions of the Agreement generated by the choices made by the Lessee on the Mobile Application and/or on the Website, with which the Lessee is expressly familiarised on the Mobile Application and/or on the Website prior to the conclusion of the Agreement, shall become an inseparable part of this Agreement and shall be considered the Special Conditions of the Agreement. After selecting and confirming the Vehicle he wishes to hire on the Mobile Application and/or on the Website, and having made initial choices for the rental of the desired Vehicle, including the services related to the rental of the Vehicle, the Lessee shall have the right to change his choices after receipt of the Lessor’s consent and paying an additional fee to the Lessor for the conclusion of a new agreement. A prior Lessor’s consent and payment of the additional fee to the Lessor for the conclusion of a new agreement shall also apply to the Lessee if he changes his choices when the Agreement is in effect during the Rental Period of the Vehicle.
5. The Parties agree that the Lessor shall have the right to provide additional services. Once the Lessor starts providing these services, the Lessee shall have the right to purchase the additional (new) services during the Rental Period of the Vehicle for an additional charge and to make choices of the additional (new) services on the Mobile Application and/or on the Website. The same conditions as those set out in Paragraph 2.3 of the Agreement apply to the additional (new) service choices.
6. The Parties agree that the Vehicle shall be rented for a Rental Period selected by the Lessee and specified in the Special Conditions of the Agreement, and which shall start from the date of signing the Agreement. Subject to Paragraph 3.11 of the Agreement, the Lessee shall be informed that the date of signing the Agreement and the date of collection or delivery of the Vehicle may not coincide.
7. The Parties agree that the Parties shall have the right to extend or terminate the Motor Vehicle Rental Agreement before its expiry by mutual agreement concluded between the Parties. If the Lessee wishes to extend or terminate the Motor Vehicle Rental Agreement before its expiry, he must give at least 30 (thirty) calendar day notice thereof to the Lessor by email info@mybee.lt. If the Lessee notifies of his wish to extend the Agreement and the Lessor agrees (but is not obliged) to extend the Agreement with the Lessee, the Parties shall conclude a general agreement, which shall become an inseparable part of this Agreement. After the Parties conclude the general agreement regarding the extension of the Agreement, the Lessee must pay the Lessor the administration fee for the extension of the Agreement in the amount of EUR 150 (one hundred fifty euros). If the Lessee does not wish to extend the Agreement after the expiry of the Rental Period stipulated in the Agreement and not later than on the last day of the Rental Period returns the Vehicle to the Lessor, the Agreement shall be deemed to have expired. The Lessee (Consumer) shall have the right to terminate the Agreement prior to its expiry by giving 15 (fifteen) calendar days’ notice thereof to the Lessor before the end of the first, second, third or fourth year of the Rental Period. If the Lessee (Consumer) does not notify of his intention to terminate the Agreement before its expiry, the Agreement shall be automatically extended for the Rental Period specified in the Agreement. Since longer Rental Period affects the amount of the Rental Fee payable by the Lessee, if the Lessee terminates the Agreement before the expiry of the Rental Period stipulated in the Agreement (including termination of the extended Agreement prior to the expiry of the Rental Period stipulated in the extended Agreement), the Lessor shall have the right, subject to the provisions of Paragraph 9.2 of the Agreement and the Special Conditions, to recalculate the Rental Fee payable by the Lessee for the actual term of holding and using the Vehicle before the termination of the Agreement, and to require the Lessee to pay the difference in the amount of the Rental Fee and pay the Lessor the administration fee for the termination of the Agreement in the amount of EUR 150 (one hundred fifty euros).
8. The Parties agree that the Rental Period requested by the Lessee may not in any case exceed 60 months.
9. The Parties agree that the Lessee shall have the right to use the Vehicle for personal purposes or for purposes related to his business, trade, craft or profession.
10. The Parties agree that after the expiry of the Rental Period, where the Lessee has properly executed the Agreement, the Lessor may (but is not obliged) to grant the right to the Lessee to purchase the Vehicle and own it for the purchase price of the Vehicles specified in the Special Conditions, which is equivalent to the market price. If at the end of the Rental Period, the Lessee wishes to purchase the rented Vehicle and own it, the Lessee must notify the Lessor of his interest in purchasing the Vehicle at least 30 (thirty) calendar days prior to the expiry of the Rental Period, using the contact details provided on the Mobile Application or on the Website. The purchase price of the Vehicle and other issues will be agreed by the Parties in a separate Vehicle purchase and sale contract concluded by the Parties.
11. The Lessor may also (but is not obliged) grant the right to the Lessee at any time during the Rental Period, before the expiry of the Rental Period, where the Lessee has performed the Agreement properly until that moment, to purchase the Vehicle at the market price set separately by the Lessor. The Lessee shall notify about his intention to purchase the Vehicle and own it prior to the expiry of the Rental Period by using the contact details specified in the Mobile Application and/or on the Website. Upon receipt of the notification from the Lessee, the Lessor shall inform the Lessee whether he may be granted the right to purchase the Vehicle and own it prior to the expiry of the Rental Period and will offer the conditions for the purchase of the Vehicle, including the offer of the purchase price of the Vehicle. The Lessee shall have the right to decline to purchase the Vehicle after the receipt of the Lessor’s conditions for the purchase of the Vehicle.
12. With this Agreement the Lessor informs the Lessee that the Vehicle rented to the Lessee under this Agreement may be financed by a third party who owns the Vehicle and, therefore, in the event of improper performance of the financing agreement, the financier shall have the right, at any time during the Rental Period, to require that the Lessee return the Vehicle within 5 (five) business days from the notification to the Lessee in writing. In such a case, upon receipt of the request to return the Vehicle to the financier prior to the expiry of the Rental Period, the Lessee: (i) must return the Vehicle to the financier within the prescribed timeframe; (ii) if the Lessee fails to return the Vehicle to the financier within the prescribed timeframe, he must continue to pay the Rental Fee for the actual use of the Vehicle directly to the designated financier until the Lessee returns the Vehicle to the financier; and also (iii) shall acquire the right to purchase the Vehicle immediately under the conditions set separately by the financier, including at the market price set separately by the financier and payable directly to the financier; (iv) after returning the Vehicle to the financier, may take the opportunity of the Lessor’s separate offer to obtain another suitable Vehicle or a substitute Vehicle for the remaining Rental Period (if and to the extent applicable), for the Rental Fee recalculated by the Parties.
PROCEDURE FOR CONCLUDING THE AGREEMENT AND COLLECTING THE VEHICLE
1. The Motor Vehicle Rental Agreement may be concluded only if all conditions set out in Paragraphs 3.2–3.13 of the Agreement are met.
2. In order to enter into the Agreement, the Lessee must sign in to the Mobile Application and/or the Website and create a personal account. If the Lessee is a legal person, a designated employee of the Lessee shall register and open an account on the Mobile Application and/or on the Website on behalf of the Lessee after receiving confirmation from the Lessor that the Agreement can be concluded as specified in Paragraph 3.3 of the Agreement.
3. If the employee of the Lessee, a legal person, wishes to hire the Vehicle on behalf of the Lessee, he must provide the following information of the Lessee: name of the legal person, registration number, VAT registration number, registered address, email, telephone number, the name and surname of the representative of the legal person, and the information about the Vehicles they wish to hire. The Lessor shall, upon receipt of this information, conduct a verification of the information and confirm that the agreement with the Lessor can be concluded on the Mobile Application and/or on the Website, after the employee of the Lessee opens an account for the Lessee.
4. The identity of the Lessee (natural person) who wishes to sign in and open a personal account on the Mobile Application and/or on the Website, and the validity of his driving licence must be verified. When opening an individual account, the Lessee must upload a digital image of his face and his driving licence. Upon receipt thereof, the Lessor will check (verify) the match of the photographs on both documents and the validity of the driving licence. This procedure will not apply to the Lessee, a legal person, and the employee of the Lessee, whose identify and the driving licence are not verified.
5. Upon signing in and appropriate verification of the identity of the Lessee and the validity of the driving licence, the Lessee must enter on the Mobile Application and/or on the Website all the information specified in Paragraph 11.8 of this Agreement or provide the documents required on the Mobile Application and/or on the Website. After providing the necessary information, the Lessee must select the Vehicle he wishes to hire in his MyBee account or individually, specify the desired Rental Period, the amount of the Prepayment, and the desired mileage limit for the Vehicle for the Rental Period, and make other choices or, if the Lessee has prior discussed his needs with the Lessor, he will see all his automatically generated choices.
6. After completing the actions specified in Paragraph 3.5 of the Agreement and making the required choices or confirming all his automatically generated choices, the Parties conclude the Rental Agreement for the Vehicle selected by the Lessee.
7. The Agreement is deemed to have been concluded from the moment when it is signed:
  1. If the Lessee is the Consumer and makes the choices specified in Paragraph 3.5 of the Agreement himself, the Agreement is signed on the Mobile Application and/or on the Website by performing the following actions: (i) the Lessee makes choices considered to be Special Conditions of the Agreement and confirms them; and (ii) after the confirmation of his choices, the Lessee enters an automatically generated code sent by an sms message on the Mobile Application and/or on the Website. After performing these actions, it shall be deemed that the Agreement has been signed and duly concluded.
  2. If the Lessee is a legal person and makes the choices specified in Paragraph 3.5 of the Agreement himself, the Lessee shall first sign a separate agreement with the Lessor. After signing the agreement, the Lessee (legal person) shall have the right to sign the Motor Vehicle Rental Agreement on the Mobile Application and/or on the Website according to the procedure set out in Paragraph 3.7.1 above.
  3. In the event that the Lessor generates choices himself according to the Lessee’s needs which they discuss, the Parties conclude the Agreement by signing it with an electronic qualified signature on the Dokobit portal (https://www.dokobit.com/).
8. At the time of signing the Agreement, the Lessee must pay the fee to the Lessor specified in the Special Conditions for the conclusion of the Agreement. The fee for the conclusion of the Agreement is automatically debited from the Lessee’s (Consumer’s) bank card specified on the Mobile Application and/or on the Website. If the Lessee (Consumer) fails to pay by card, the Lessee (Consumer) has the right to make a payment by a bank transfer to the bank account specified by the Lessor. If the Lessee is a legal person, it must only make payments by a bank transfer to the bank account specified by the Lessor.
9. After signing the Agreement, the Lessee must pay the Lessor the amount of the Prepayment selected by the Lessee in the Special Conditions of the Agreement. The Prepayment amount may, as selected by the Lessee, be automatically deducted from the Lessee’s bank card specified on the Mobile Application and/or Website or paid by the Lessee by a bank transfer to the bank account specified by the Lessor, depending on the payment method selected by the Lessee on the Mobile Application and/or on the Website.
10. After the Lessee signs the Agreement, pays the fee for the conclusion of the Agreement and makes the Prepayment, and after the payments specified in Paragraphs 3.8 and 3.9 of the Agreement are actually credited to the bank account of the Lessor it shall be deemed that the Agreement has taken effect and may be executed. From this moment, the Lessor undertakes to grant the Lessee the right to temporarily hold and use the Vehicle in accordance with the procedure laid down in this Agreement. If the Lessee fails to pay the amounts specified in Paragraphs 3.8 and 3.9 of the Agreement within 3 (three) business days, it shall be deemed that the Agreement has not taken effect and shall not be executed.
11. The Lessee shall have the right to collect the Vehicle when it receives a notification to the email specified on the Mobile Application and/or on the Website that the rented Vehicle may be collected and information about the Parking Area where the Vehicle is parked. If the user has selected on the Mobile Application and/or on the Website that the rented Vehicle will be delivered to the address indicated by the Lessee for an additional fee, the Lessor shall not later than within 3 (three) business days deliver the Vehicle to the address indicated by the Lessee.
12. When the Lessee arrives to the Parking Area where the Vehicle is parked or when the Lessor delivers the Vehicle to the address specified by the Lessee, the Lessee must select the “unlock” command displayed on the Mobile Application screen to unlock the Vehicle. When the Vehicle is unlocked by the Lessee, it is deemed that the Vehicle has been transferred to the Lessee.
13. The Lessee must inspect the Vehicle (both inside and outside) for any externally visible damage to the Vehicle, its equipment, including any fittings, fixtures and accessories of the Vehicle (i.e., including the ignition key and the Vehicle documentation). If the Lessee notices externally visible damages/defects of the Vehicle or its equipment, he undertakes to record (photograph) these damages and report about these damages/defects to the Lessor immediately, but not later than within 1 (one) hour after noticing any such damages/defects, by telephone or email specified on the Mobile Application and/or on the Website, and send photographs of the damages/defects to the Lessor. If the damages/defects recorded by the Lessee are minor (e.g. a minor Vehicle scratch), the Lessee, who has recorded damages/defects, notified the Lessor and sent the photographs of the damages/defects to the Lessor, may start using the Vehicle. If the damages/defects recorded by the Lessee are not minor (e.g. there are dents in the Vehicle, equipment is missing, etc.), the Lessor may provide another suitable Vehicle to the Lessee, who has recorded damages/defects, notified the Lessor immediately and sent the photographs of the damages/defects to the Lessor, or a substitute Vehicle until the Lessor is able to provide another suitable Vehicle or a substitute Vehicle to the Lessee. If the Lessor cannot provide a suitable Vehicle or a substitute Vehicle to the Lessee, the Lessor shall have the right to terminate the Agreement without delay and to reimburse for all amounts paid by the Lessee to the Lessor on the basis of this Agreement. If the Lessee, who has inspected the exterior and the interior of the Vehicle and has noticed damages or other defects of the Vehicle, including damages to its fittings, fixtures and accessories or their shortage, fails to notify the Lessor thereof in accordance with the procedure and within the timeframe specified in this paragraph, it shall be deemed that all damages/defects have appeared during the Rental Period and the Lessee shall be responsible for these damages.
14. The Vehicle engine starts with an ignition key inside the Vehicle. If the Vehicle does not require the ignition key to start, the Vehicle starts by pressing the button and depressing the brake pedal.
15. The Parties agree that the Lessor shall have the right to provide additional services detailed on the Website of the Lessor. When the Lessor starts providing these services, the Lessee shall have the right to select on the Mobile Application and/or on the Website and order additional services related to the rental of the Vehicle (e.g. washing of the Vehicle, tire storage, etc.) and/or additional products (e.g. bicycle racks, baby seats) prior to the conclusion of the Agreement. The Lessee must select additional services prior to the conclusion of the Agreement and shall have no right to order additional services after the conclusion of the Agreement and/or during the Rental Period. The conditions for payment of the Rental Fee shall mutatis mutandis apply to the conditions for payment for additional products.
16. The Lessee is aware that the Lessor may at any time change the conditions for providing additional services specified in Paragraph 3.15 of the Agreement, and/or start providing new services and/or cease providing some of the services described on the Website. The Lessor represents that it shall provide such additional services to the Lessee and under such conditions that were in force at the time of ordering any such services.
17. The Lessee is aware that by concluding this Agreement, the Lessee represents, is aware and understands that if the Lessee does not select any additional services specified in Paragraph 3.15 of the Agreement, the following costs will not be included in the Rental Fee and the Lessor will not in any way or form reimburse any such costs to the Lessee, including but not limited to the following costs:
  1. fuel and Vehicle maintenance products;
  2. Vehicle repair services, including replacement and repair of lubricants, filters and other materials or components of the Vehicle, Vehicle technical maintenance services or parts;
  3. cleaning, polishing and waxing of the Vehicle;
  4. installation, removal and repair of any Vehicle accessories;
  5. cost of damages in excess of normal wear and tear of the Vehicle;
  6. administrative penalties and fines;
  7. insurance franchise;
  8. any costs and expenses incurred in connection with the action or omission by the Lessee related to improper execution of this Agreement or the breach of legal acts or the rules by third parties;
  9. additional costs of the Lessor arising from changes in the VAT rate or other taxes and levies or new taxes (e.g. pollution tax) and levies.
THE LESSEE’S RIGHT TO GRANT PERMISSION TO OTHER PERSONS TO HOLD AND USE THE VEHICLE TEMPARARILY
1. Upon receipt of the prior written consent of the Lessor, the Lessee shall have the right to grant permission to other natural persons and employees of the Lessee who hold a driving licence valid in Lithuania and/or the European Union to hold and use the Vehicle on behalf of and at the expense of the Lessee temporarily. The Lessee shall be responsible that the persons, who are granted the right to hold and use the Vehicle temporarily, hold a valid driving licence. The Lessor shall have the right at any time during the Rental Period to withdraw the consent to hold and use the Vehicle temporarily by any person other than the Lessee (or the original designated representative of the Lessee) by giving 7 (seven) business days notice thereof to the Lessee.
2. The Lessee is aware that the employee of the Lessee can open an account in the Mobile Application and/or on the Website and use this account on behalf of the Lessee.
3. The Parties agree that if the employee of the Lessee terminates employment or other relationship with the Lessee, which was the basis for the employee of the Lessee to act on behalf of the Lessee and to conclude and/or execute the Agreement, the Agreement shall remain in force, but either 1) the Lessee undertakes to ensure that the account opened by the employee on behalf of the Lessee and the personal data of the employee of the Lessee specified in the account will continue to be lawfully used to the full extent required for due execution of the Agreement; or 2) the director of the Lessee will notify the Lessor by email specified on the Mobile Application and/or on the Website about the replacement of the employee of the Lessee and provide information about the identity of the new employee of the Lessee. When the Lessor receives information about a new employee of the Lessee, the Lessor undertakes to block the former employee of the Lessee and the account opened by him, and to add the new employee of the Lessee and open a new account for the Lessee. The Lessee shall be fully liable for lawful use of the personal data of the employee of the Lessee for the purpose of conclusion and execution of the Agreement.
4. The Lessee must familiarise the natural person, to whom the Lessee grants the right to temporarily hold and use the Vehicle, with the conditions set out in this Agreement. Where the Lessee grants the right to hold and use the Vehicle temporarily to other natural persons as provided for in Paragraph 4.1 of the Agreement, the Lessee shall be responsible for holding and using the Vehicle properly and for the execution of this Agreement.
5. Subject to Paragraph 4.1 of the Agreement, it is prohibited for the Lessee to sublease the Vehicle and/or make it available to third parties for remuneration.
6. The Lessee shall remain fully liable for the damage caused to the Vehicle and/or its components, including accessories, by natural persons, including employees of the Lessee, who use the Vehicle.
STORAGE OF LOGIN DATA TO THE MOBILE APPLICATION AND/OR THE WEBSITE
1. The Lessee must store the login data to the Mobile Application and/or the Website and not to disclose it to anyone. The Lessee hereby represents that he is fully responsible for using the Lessee’s account on the Mobile Application and/or on the Website of the Lessor, the security of the accounts and login data, and shall compensate for all the losses and expenses incurred by the Lessor when the Lessee has been using his account on the Mobile Application and/or on the Website. The Lessee shall also be responsible for possible access of third parties to the Lessee’s accounts or login data on the Mobile Application and/or on the Website, regardless of how third parties have gained access to such Lessee’s accounts or login data.
2. The Lessee undertakes to store the data and passwords for connection to the Mobile Application and/or the Website and to notify the Lessor without delay by telephone indicated on the Mobile Application and/or on the Website if the data has been lost or disclosed to third parties.
3. The Lessor undertakes, after the receipt of the notification from the Lessee about the lost login data for the Mobile Application and/or the Website or disclosed by third parties, to block the login to the Mobile Application and/or the Website immediately.
4. Both the Lessor and the Lessee undertake to notify each other within 3 (three) calendar days of the change of personal information (e.g. first name, surname / name of the company, address, telephone number, etc.). The Lessee must also notify the Lessor not later than within 3 (three) calendar days of any events or circumstances that may affect proper performance of the obligations under the Agreement, including, but not limited to the cases where the Lessee is declared bankrupt, is reorganized, liquidated, any other procedures are initiated, on the basis of which creditors seek recovery against the Lessee.
5. If losses are incurred due to the loss of the Lessee’s login data or access to the Lessee’s login data by third parties, it shall be considered that losses have been caused by gross negligence of the Lessee, unless the Lessee proves otherwise, and the Lessee must compensate for the losses.
6. The Lessee undertakes to ensure that all reasonable security measures, including antivirus programs, are in place when using the hardware, software or other equipment for connecting to the Mobile Application and/or the Website and is responsible for all consequences resulting from insufficient protection of the Lessee’s computer or other systems. If the security of the software and data for connecting to the Mobile Application and/or the Website is compromised, at the Lessee’s request the Lessor shall issue a new password.
CONDITIONS FOR THE MAINTENANCE AND USE OF THE VEHICLE
1. From the moment of the transfer of the Vehicle until the expiry of the Agreement, the Lessee shall be fully responsible for the maintenance, technical maintenance, roadworthiness tests and repair of the Vehicle in the timely manner.
2. Technical maintenance, roadworthiness tests and repair of the Vehicle may be carried out only with the official auto service unit for the specific manufacturer of the Vehicle or at an auto service unit indicated on the Mobile Application and/or on the Website. The Parties agree that the Lessor shall have the right to unilaterally update the list of technical maintenance, roadworthiness testing and repair service providers. The updated lists of service providers are available and can be accessed by the Lessee on the Mobile Application and/or on the Website. If the Lessee wishes to use the technical maintenance, roadworthiness testing and repair services for the Vehicle, he must familiarise with the list of service providers published on the Mobile Application and/or on the Website.
3. The Lessor shall have the right to notify the Lessee via the Mobile Application and/or the Website or using other contact details provided by the Lessee on the Mobile Application and/or on the Website or to remind the Lessee of the necessary steps to be taken by the Lessee in connection with the repair and technical maintenance of the Vehicle, however, this does not exempt the Lessee from the duty of maintaining the condition of the Vehicle as specified in the conditions of the Agreement.
4. The Parties agree that if the Lessee does not select the additional service provided for in Paragraph 3.15 of the Agreement related to the tire service for the Vehicle, the Lessee shall, if the Rental Period of the Vehicle is less than 36 (thirty-six) months, return the Vehicle to the Lessor with the same tires, which were provided with the rented Vehicle. The Parties agree that the Vehicle must in any case be returned to the Lessor with the tires suitable for use.
5. The Lessee must during the term of the Agreement comply with the monthly mileage limit for the Vehicle specified in the Special Conditions and shall not have the right to exceed it. The monthly mileage indicator, which the Lessee must not exceed, is calculated by taking the mileage for the Rental Period and dividing it by the number of months that the Vehicle has been rented. If the monthly mileage limit is exceeded by 15%, the Lessor shall have the right at any time to require the Lessee to pay the Lessor a penalty of 0.15 EUR (fifteen cents)/kilometre within 5 (five) calendar days after any such request.
6. The Lessee is aware that the technical maintenance, roadworthiness testing and repair of the Vehicle during the entire Rental Period of the Vehicle must be performed at the expense of the Lessee. If the Lessee has selected that the technical maintenance and roadworthiness tests of the Vehicle will be performed by the Lessor and has paid for the service in full the amount specified in the Special Conditions, the Lessor shall perform the technical maintenance and/or roadworthiness testing of the Vehicle. If the Lessee exceeds the monthly mileage limit for the Vehicle set out in the Special Conditions and therefore there is a requirement for the Lessee to perform the technical maintenance and roadworthiness testing of the Vehicle, the Lessee must pay the costs or other charges for any such technical maintenance and roadworthiness testing of the Vehicle.
7. The Vehicle must be used in the territory of the Republic of Lithuania. The Vehicle may be used outside the territory of the Republic of Lithuania traveling within the territory of the European Union or outside the territory of the European Union, provided that the following conditions are met: (i) the Lessee may leave the territory of the Republic of Lithuania to the territory of another Member State of the European Union or leave the territory of each other Member State of the European Union to the territory of another Member State of the European Union if the Lessee has notified the Lessor thereof in writing by email at info@mybee.lt not later than 3 (three) business days before the departure from the territory of the Republic of Lithuania or from the territory of the last Member State of the European Union indicated by the Lessee to the Lessor; (ii) the Lessee may leave the territory of the European Union only with the prior written consent of the Lessor issued to the Lessee. The Lessee must ask the Lessor to give consent by email at info@mybee.lt not later than 3 (three) business days before the departure from the territory of the European Union. The cost of the consent for the Lessee to leave the territory of the European Union is EUR 30 (30 euros). After leaving the territory of the Republic of Lithuania, the Lessee shall have the right to use the Vehicle for a period not exceeding 3 (three) consecutive calendar months, after which the Vehicle must be returned to the Republic of Lithuania. Each subsequent time, before the departure, the Lessee must in accordance with the procedure and timeframe specified in this paragraph, do the following as appropriate, (i) in the case of the departure from the territory of the Republic of Lithuania to the territory of another Member State of the European Union and in the case of each departure from the territory of one Member State of the European Union to the territory of another Member State of the European Union, must additionally notify the Lessor of any such departure or (ii) in the case of the departure from the territory of the European Union, must obtain a new consent of the Lessor and pay the fee for issuing any such consent specified in this paragraph. If: (i) the Lessee uses the Vehicle and departs from (a) the territory of the Republic of Lithuania or the territory of another Member State of the European Union to the territory of another Member State of the European Union without duly notifying the Lessor thereof or (b) the territory of the European Union without the prior written consent of the Lessor; (ii) the Lessee uses the Vehicle and departs from the territory of the Republic of Lithuania, the territory of another Member State of the European Union or the territory of the European Union in accordance with the requirements of this Agreement, but the Vehicle has not been returned to the Republic of Lithuania 3 (three) months after leaving the territory of the Republic of Lithuania; or (iii) the Lessee, who has not returned the vehicle to the Republic of Lithuania 3 (three) months after leaving the territory of the Republic of Lithuania, and upon additional notification from the Lessor and within the additional period specified by the Lessor fails to return the Vehicle to the Republic of Lithuania; the Lessor shall have the right to unilaterally terminate this Agreement and/or require the Lessee to pay a penalty of EUR 300 (three hundred euros) to the Lessor within 3 (three) calendar days.
8. All administrative or other penalties, fines, and other amounts due resulting from improper, unlawful holding and use of the Vehicle shall be borne by the Lessee as stipulated in Paragraphs 8.8, 8.9 and 8.10 of the Agreement. Where administrative or other penalties, fines, and other amounts resulting from improper, unlawful holding and use of the Vehicle are attributed to a person who is not responsible for the breach, the Lessor shall have the right to indicate and allocate the person responsible for the administrative or other type of breach. If administrative or other penalties, fines, and other amounts due are recovered from the Lessor, the Lessor shall have the right to recover any such amounts from the Lessee by way of subrogation.
9. The Lessee undertakes to ensure the following during the term of the Agreement:
  1. To comply with the Vehicle manufacturer’s requirements for the use and maintenance of the Vehicle, guarantees, requirements for technical maintenance specified in the manufacturer’s manuals/instructions/regulations for the use of the Vehicle kept in the Vehicle, requirements of the Lessor set out in this Agreement, the Road Code, requirements of other applicable legal acts, and the standard rules governing the use and maintenance of such type of property;
  2. The Vehicle will meet all the legal requirements and the requirements for periodic inspections (including mandatory roadworthiness tests);
  3. The technical maintenance will be performed properly and in accordance with the requirements of the manual for technical maintenance of the Vehicle, the conditions of the Lessor specified in the Special Conditions, and also the terms provided by the manufacturer and legal acts;
  4. The Lessee will use the Vehicle as a careful and diligent owner and only for its direct purpose;
  5. To notify the Lessor and the relevant public authority (e.g. police, fire department) immediately, if the Vehicle has been destroyed, damaged or otherwise rendered unfit for use and/or if the circumstances arise which prevent from holding and using the Vehicle or ensuring its normal operating conditions, and to complete the accident declaration form or perform other necessary actions in order to prevent or reduce the potential damage to the Vehicle and/or persons and property.
10. The Lessee driving the Vehicle must be sober (0.00% BAC) and not intoxicated with narcotic and/or psychotropic substances or other substances. It is prohibited to drive the Vehicle being sick or tired, if this may pose a threat to road safety. The Lessee must ensure that other persons to whom the Lessee grants the right to temporarily hold and use the Vehicle will observe the requirements for the maintenance and use of the Vehicle provided for in this Agreement. In all cases, the Lessee shall be liable for the actions of the persons to whom the Lessee grants the right to temporarily hold and use the Vehicle, if they breach the requirements of this Agreement.
11. The Lessee undertakes to use the Vehicle in accordance with the provisions of this Agreement and to act in a reasonably prudent, responsible and informed manner. When using the Vehicle, the Lessee must comply with the requirements of the Road Code and other legal requirements laid down in the legislation of the Republic of Lithuania or other EU countries and third countries, if the Vehicle is used outside Lithuania.
12. At the end of the Rental Period, the Lessee must return the Vehicle in the condition which is not worse than that when the Lessee received the Vehicle, taking into account its normal wear and tear provided for in Paragraph 7.5 of the Agreement.
13. If the Vehicle breaks down, warning light signals appear on the dashboard, there are suspicious sounds or safe use of the Vehicle is impaired, the Lessee must immediately discontinue the use of the Vehicle and call the technical maintenance service, contact the representative of the manufacturer of the Vehicle and deliver the Vehicle to the technical maintenance and repair service provider authorised.by the manufacturer of the Vehicle.
14. The Lessee must ensure that the use of the Vehicle must be discontinued if the Vehicle breaks down and its further use is likely to increase the damage or cause a threat to road safety or if further use of the Vehicle is likely to cause more damage to the Vehicle.
15. The Lessee shall have no right to use the Vehicle for racing or other sports or competition purposes, to use it for teaching to drive, to use the Vehicle continuously at a maximum load (for carrying heavy goods, etc., except where the Vehicle is for transporting goods), to use the Vehicle for car sharing and/or taxi services, and/or for security and/or courier services, and/or for rental services and use the Vehicle for the purposes other than it is intended for, and to use the Vehicle for the activities prohibited by legal acts of the Republic of Lithuania and of other countries where the Vehicle is used (if applicable). The Lessee must compensate for any loss incurred by the Lessor as a result of the Lessee’s unlawful activities or unauthorized use of the Vehicle.
16. The Lessee must ensure that the Vehicle would be 100% smoke free and, if any pets are carried in the Vehicle they must be transported only in special pet containers.
17. The Lessee must ensure that when leaving the Vehicle parked even for a short time, the lights and the audio equipment in the Vehicle must be turned off, the windows and the sunroof must be closed, and all locks must be locked.
18. The Lessee is aware that the Vehicle is equipped with a telemetry system that provides the Lessor with the Vehicle information as specified in the Agreement and allows the Lessor to disable the unlocking and/or starting of the engine of the Vehicle. The Lessor shall, in line with his legitimate interest and for the purpose of fulfilling the obligations of the Parties to the Agreement, have the right to receive data using the telemetry system of the Vehicle during the entire term of the Agreement. The Lessor shall have the right to disable the unlocking and/or starting of the engine of the Vehicle at its discretion in the event of breaches of the Agreement provided for in Paragraph 12.3 of the Agreement.
19. It is strictly prohibited for the Lessee to perform any actions or attempts to read, copy, modify or delete the data of the telemetry system of the Vehicle. The Lessee undertakes to pay the Lessor a penalty of EUR 1000 (one thousand euro) within 3 (three) calendar days for the damage to the telemetry system of the Vehicle.
20. The Lessee, who parks the Vehicle in the paid parking during the period of use of the Vehicle, undertakes to pay for the parking of the Vehicle.
21. The Lessee must take care of the Vehicle during the Rental Period – to maintain it clean, regularly wash and clean the outside and inside of the Vehicle. The Lessee shall, upon expiry of the Rental Period or termination of the Agreement, return the Vehicle to the Lessor professionally cleaned inside and outside until the expiry date. If the Lessee fails to fulfil this obligation, the Lessee must compensate for the Lessor’s costs of cleaning the Vehicle.
22. The Lessor shall have the right to inspect the Vehicle during the Rental Period. The Lessee may not prevent or object to the Lessor to exercise such right. Upon receipt of the Lessor’s instruction to deliver the Vehicle to the place of inspection of the Vehicle specified by the Lessor, the Lessee undertakes to notify the Lessor without delay, but no later than within 5 (five) business days, and agree with the Lessor regarding the acceptable date and time when the Lessee will deliver the Vehicle to the place of inspection of the Vehicle specified by the Lessor.
23. If the Lessee wishes to apply his labels, logos or other signs to the rented Vehicle, he must contact the Lessor, send samples of the labels, logos or other signs that he wishes to use to the Lessor, to agree the use of the labels, logos or other signs and get the Lessor’s approval. The Lessee is aware that the price of the approval is EUR 30 (thirty euros). The Lessee may use the labels, logos or other signs only if the Lessor agrees and approves them. The Lessor shall have the right to prevent the Lessee from using labels, etc. on the Vehicle, if they are contrary to the reputation, rights and legitimate interests of the Lessor or third parties.
24. When exercising the rights set out in Paragraph 6.23 above, the Lessee must not damage the Vehicle or breach the rights and legitimate interests of the Lessor, including the reputation, good business practice, and the rights and legitimate interests of third parties. Upon the expiry or termination of this Agreement, the Lessee must return the Vehicle to the Lessor without any labels, logos or other signs on the Vehicle (i.e. to return the Vehicle without defects).
25. If the Lessee breaches the provisions of Paragraphs 6.23 and 6.24 of the Agreement, the Lessee must compensate for all losses incurred by the Lessor and must pay the Lessor a penalty of EUR 500 (five hundred euros).
26. The Lessee must pay the Lessor for the issue of written approvals, consents or other confirmations under the conditions set out in this Agreement a fee between EUR 30 (thirty euros) and EUR 150 (one hundred fifty euros).
RETURN OF THE VEHICLE
1. At the end of the Rental Period or at the end of the Rental Period in the case of the termination of the Agreement before the expiry, the Lessee undertakes to return the Vehicle to the Lessor not later than on the last day of the Rental Period.
2. The Lessee must notify the Lessor 5 (five) calendar days before the expiry of the Rental Period about the planned return of the Vehicle using contact details specified on the Mobile Application and/or on the Website. After the receipt of the Lessee’s notification, not later than the last day of the Rental Period, the Lessor must send to the Lessee on the Mobile Application and/or on the Website and/or to the Lessee’s email address the information about the Vehicle return address (where the Lessee must park the returned Vehicle) and the time when the Vehicle will be inspected.
3. When returning the Vehicle to the address indicated by the Lessor, the Lessee must clear all his items from the Vehicle in advance and check that the Vehicle documents and accessories are left in the Vehicle.
4. The Lessee must be present at the Vehicle inspection at the time specified by the Lessor. The Lessee must return the Vehicle ignition key to the Lessor during the Vehicle inspection. The Vehicle is returned to the Lessor by signing the Vehicle transfer and acceptance deed. During the Vehicle inspection, a preliminary inspection is performed, during which the Parties shall record the exterior and interior condition of the Vehicle by taking photographs of the Vehicle and shall draw up an inspection statement.
5. The Lessee must return the Vehicle in the condition which is not worse than that when the Lessee received the Vehicle, taking into account its normal wear and tear. When deciding on the normal wear and tear of the Vehicle, the Lessor and Lessee shall follow the guidelines prepared by the Lithuanian Autoentrepreneurs Association on 1 March 2010 and published on the Association’s website at http://www.laa.lt/uploads/Atmintine_2010_03_01.pdf (these guidelines are considered an inseparable part of the Agreement) and the requirements set out in the Rules for State Roadworthiness Testing. Normal wear and tear does not include:
  1. broken, deformed or otherwise mechanically or thermally damaged parts;
  2. broken instruments and mechanisms;
  3. body dents, cracks in the paint layer and clear scratches (paint layer damaged to the primer);
  4. wear of the paint layer due to heavy washing/cleaning of the car;
  5. faulty repair and/or defects resulting from repair;
  6. window cracks;
  7. scratches of the windows resulting from improper use and/or cleaning;
  8. damage to the interior of the Vehicle, e.g. burns or stains on the upholstery of the Vehicle, broken plastic panel parts, trunk lid, window opening handles, etc.
  9. damaged body geometry.
6. In addition to the cases listed in Paragraph 7.5 above, the Parties agree that normal wear and tear of the Vehicle does not include the faults, defects, deformations, damages, scratches to the Vehicle or other deterioration of the condition of the Vehicle caused by the fact that the Lessee failed to comply with terms and conditions of the roadworthiness tests.
7. The Lessee undertakes to compensate for all costs incurred by the Lessor and related to the rectification of the defects of the returned Vehicle in excess of normal wear and tear. The defects of the Vehicle and the costs of their rectification shall be indicated in the Vehicle inspection statement signed by the Parties and attached to the Vehicle transfer and acceptance deed, based on the evaluation of the damage to the Vehicle ordered by the Lessor performed by an independent reputable assessor (e.g. Audatex). If the Parties disagree concerning the defects of the Vehicle and/or the costs of their rectification, this must be specified in the Vehicle inspection statement signed by the Parties and attached to the Vehicle transfer and acceptance deed, and the Vehicle shall without delay be delivered to the technical maintenance and repair service provider authorised by the manufacturer of the Vehicle for the purpose of carrying out its inspection and to providing an offer for the costs of rectification of the defects of the Vehicle. The Lessee shall have the right (but is not obliged) to participate in the inspection of the Vehicle at the technical maintenance and repair service provider authorised by the manufacturer of the Vehicle, to the extent permitted by the rules of such service provider. All costs of the inspection of the Vehicle shall be borne by the Lessee, unless the repair service provider identifies a defect of the Vehicle considered as a normal wear and tear, the costs of repair of which shall be borne by the Lessor.
8. The Parties agree and the Lessee is aware that if, on the date of return of the Vehicle, it is evident that the mileage of the Vehicle, recorded on the date of the last periodic technical maintenance of the Vehicle, exceeds 3/4 (three quarters) of the mileage limit set by the Lessor for the Vehicle until the next periodic technical maintenance of the Vehicle, the Lessee must compensate the Lessor for the rectification of all Vehicle defects identified during the technical maintenance of the Vehicle within 5 (five) business days from the date of the Lessor’s request. The Lessee is aware that this provision of the Agreement is applicable where the Lessee does not select the additional services of “technical maintenance and repair of worn parts” indicated on the Website.
LIABILITY OF THE PARTIES AND THIRD PARTIES
1. The Lessee is fully responsible for the Vehicle during the term of the Agreement. The Lessee as the holder of the Vehicle shall bear the risk and liability of the holder of the source of increased danger during the term of the Agreement.
2. If the Lessee fails to pay or delays payment of the Rental Fee for more than 21 (twenty-one) calendar days, the Lessor shall have the right to suspend the Lessee’s use of the Vehicle with immediate effect as specified in Paragraph 8.12 of the Agreement. If the Lessee fails to pay the Lessor the amounts due within 2 (two) calendar days after receiving a notice regarding payment of the Rental Fee from the Lessor, the Lessor shall have the right to terminate the Agreement unilaterally.
3. The Lessee shall be fully responsible for any direct and indirect damage caused by the persons to whom the Lessee has transferred the Vehicle to hold and use temporarily. If the Lessee transfers the Vehicle to the persons who have no right to drive it, the Lessee agrees to pay the Lessor a penalty of EUR 300 (three hundred euros) within 3 (three) calendar days. This penalty is considered to be minimal damage incurred by the Lessor that requires no proof. The Lessor shall also have the right to suspend the use of the Vehicle by the Lessee as specified in Paragraph 8.12 of the Agreement without delay for an indefinite period of time.
4. The Lessee shall not be liable for the faults of the Vehicle that occur during the use of the Vehicle and are the consequence of the previous use or normal wear and tear of the Vehicle, provided that the Lessee notifies the Lessor thereof by telephone without delay and fulfils the instructions provided by the Lessor.
5. If during the term of use of the Vehicle, the Vehicle is damaged, destroyed or lost (including but not limited to Vehicle confiscation) or accessories of the Vehicle (e.g. the ignition key) are lost, destroyed or damaged, the Lessee unconditionally undertakes to compensate for any direct and indirect damage incurred by the Lessor where the damage to the Lessor results from:
  1. The failure of the Lessee to comply or to comply properly with the conditions for the use and maintenance of the Vehicle;
  2. Performing actions with the Vehicle for which the Vehicle is not intended;
  3. The use of the Vehicle by an unauthorized holder;
  4. The use of the Vehicle by the Lessee who has no right to drive the Vehicle of that category or has no right to drive the Vehicle;
  5. The use of the Vehicle by the Lessee under the influence of alcohol or being intoxicated with drugs or other substances and psychotropic substances, also when the Lessee consumes alcohol or other intoxicating substances and after an accident, prior to establishing the causes of the accident, refuses a breathalyser/chemical test (in the sense of this Agreement, being under the influence of alcohol or being intoxicated shall be understood as provided for in the applicable legal acts);
  6. The use of the Vehicle by the Lessee and refusal to comply with the orders of the officials of the road police or other competent authorities;
  7. The use of the Vehicle by the Lessee to perform criminal activities;
  8. The loading/unloading of the goods into/out of the Vehicle;
  9. The staining, scratching or tearing of the parts/equipment of the interior of the Vehicle by the Lessee, passengers or pets;
  10. The Lessee’s intent or gross negligence;
  11. The failure to report about a road accident to the police, fire department and/or other competent authorities in accordance with the procedure established by the insurance policy of the insurance company which has provided insurance of the Vehicle;
  12. The fact that the insurance company which has provided insurance of the Vehicle does not compensate for the damages (unless the Lessee proves that the insured event was not through his fault or the fault of other persons authorised by the Lessee to hold and use of the Vehicle).
6. In the cases specified in the insurance rules of the insurance company, the insurance company which has compensated for the damages shall acquire the right to claim against the Lessee the entire amount of the insurance benefit paid by the insurance company by way of subrogation (the right of recourse), if the damage, against which the Vehicle is insured, was caused by the Lessee or his actions.
7. If through the fault of the Lessee, as a result of using the Vehicle or the circumstances arising from any such use, the Vehicle is confiscated, detained or lost or any rights to the Vehicle are restricted, the Lessee must immediately notify the Lessor thereof and, prior to the return of the Vehicle to the Lessor, to fulfil all the obligations under this Agreement relating to the Vehicle. The Lessee must also compensate for any direct and indirect losses incurred by the Lessor as a result of the circumstances referred to in this paragraph.
8. The Lessee shall assume full liability for the breach of legal acts and the damage incurred by the Lessor and third parties during the term of use of the Vehicle. If the Lessee fails to use the Vehicle properly or otherwise breaches this Agreement and the Lessor incurs losses thereof (e.g. liability for damage caused to third parties, damage to the environment caused by the Vehicle, administrative penalties, operating costs, etc.), the Lessee undertakes to fully compensate for any such damage. Where there are legitimate grounds, the information held by the Lessor about the Lessee and/or the person to whom the Lessee has transferred the Vehicle to hold and use temporarily may be provided to public authorities or agencies and/or bailiffs for the purposes of payment and recovery of taxes or penalties.
9. The Lessee assumes the liability for the breach of the Road Code or other legal acts. If the Lessee breaches the Road Code or other legal acts, he undertakes to pay the Lessor a penalty of EUR 20 (20 euros), which is considered to be the administration fee.
10. Upon the Lessor’s request, the Lessee must pay a penalty of EUR 300 (three hundred euros) for the breach, violation or improper fulfilment of any obligation set out in the Agreement, unless otherwise provided for in this Agreement.
11. If the Rental Period has expired and has not been extended, where such extension is possible under this Agreement, but the Lessee delays to return the Vehicle for more than 1 (one) calendar day, the Lessee shall pay a double Rental Fee for each calendar day of delay to return the Vehicle. The Lessor shall also have the right to take the measures specified in Paragraph 8.12 of the Agreement.
12. If the Lessee fails to return the Vehicle in the cases provided for in the Agreement and/or delays to pay the Rental Fee for the Vehicle, in order to recover and collect the Vehicle from the Lessee, the Lessor shall have the right to take any necessary measures to collect the Vehicle from the place where it is parked, including using the telemetry system in the Vehicle (e.g. to disable the starting of the engine of the Vehicle), third parties and institutions. For the purpose of this paragraph of the Agreement, the Lessor shall have the right to come to the place where the Vehicle is parked and to take any action independently to recover and collect the Vehicle, including but not limited to unlock the Vehicle, enter the Vehicle, transport the Vehicle to the location of the Lessor’s choice (by driving the Vehicle or using other means of transport), etc. The Lessee agrees with the above and any other actions taken by the Lessor to recover and collect the Vehicle owned by the Lessor and confirms that the Lessor will not be obliged to give any prior notice to the Lessee of the intended recovery and collection of the Vehicle (including the actions provided for in this paragraph of the Agreement), and that the Lessor shall perform any actions required to recover and collect the Vehicle (including the actions provided for in this paragraph of the Agreement) without the participation of the Lessee. The Lessee shall be responsible for any absence of the Vehicle or any defects of the Vehicle which are determined at the time of the transfer of the Vehicle and which cannot be considered natural wear and tear of the Vehicle. When the Vehicle is returned as described in this paragraph, the Lessee must compensate the Lessor for the loss of the value of the Vehicle through the fault of the Lessee, except if the loss of the value is due to natural wear and tear, and pay all the penalties due and the costs of Vehicle recovery and storage.
13. If the Lessee fails to return the Vehicle in time, he must continue to make all payments due under the Agreement to the Lessor. However, the Lessor’s request to make these payments does not mean that the Lessor has renewed the Agreement.
14. The Lessor shall not be liable for any loss incurred by the Lessee, including but not limited to the compensation of the Rental Fee to the Lessee if he cannot use the Vehicle resulting from an accident or other causes directly or indirectly attributable to the Lessor, including where the Lessee has to return the Vehicle to comply with the requirement set out in Paragraph 2.12 of the Agreement and/or where the Lessor takes actions set out in Paragraph 8.12 of the Agreement.
15. Regardless of the cause of the breakdown or loss of the Vehicle, until the Lessee proves that the Vehicle has been lost or damaged through no fault of the Lessee, the Lessee must fulfil the obligations under the Agreement in due time and make all payments, including payment of the Rental Fee in accordance with this Agreement.
16. Given that the longer Rental Period affects the rate of the Rental Fee, the Lessor shall also have the right in addition to other conditions laid down in this Agreement governing the liability of the Lessee – after the termination of the Agreement prior to the expiry of the Rental Period provided for in the Agreement or the termination of the Agreement by the Lessor on the basis of Paragraph 12.3 of the Agreement, and other conditions that govern the issues of the Lessee’s liability – in accordance with the provisions of Paragraph 9.2 of the Agreement and the Special Conditions, to recalculate the Rental Fee payable by the Lessee for the actual time of holding and using the Vehicle calculated prior to the termination of the Agreement and require from the Lessee to compensate for the difference in the Rental Fee. If the Lessee terminates the Agreement before the expiry of the Minimum Rental Period specified in Paragraph 1.9 of this Agreement and the Special Conditions, or the Lessor terminates the Agreement on the basis of Paragraph 12.3 of the Agreement before the expiry of this period, the Lessee must pay the remaining and outstanding amount of the Rental Fee of the Vehicle due for the Minimum Rental Period. If after the extension of this Agreement, the Lessee terminates the Agreement before the expiry of the Minimum extended Rental Period specified in Paragraph 1.9 of this Agreement and the Special Conditions, or the Lessor terminates the Agreement on the basis of Paragraph 12.3 of the Agreement before the expiry of this period, the Lessee must pay the remaining and outstanding amount of the Rental Fee of the Vehicle due for the Minimum extended Rental Period. The Lessee is aware that, under the circumstances provided for in this Agreement, the difference in the amount of the Rental Fee payable by the Lessee to the Lessor is reduced by the remaining amount of the Prepayment paid by the Lessee. If the remaining amount of the Prepayment exceeds the difference payable by the Lessee to the Lessor and the difference of any other amounts due under the Agreement, the balance of the Prepayment is refunded to the Lessee.
17. The Lessor shall be liable for the fulfilment of its obligations under the Agreement and must compensate the Lessee for the direct loss caused by improper fulfilment of obligations by the Lessor. In any case the compensation cannot be more than the Rental Fee paid by the Lessee for the month preceding the month when the Lessor breached the Agreement. The Parties agree or the authorities in charge establish that the amount of the compensation must be included in the next invoice and/or debited against future payments. The Lessor shall not be liable for any indirect losses.
18. All and any penalties provided for in the Agreement shall be considered to be minimal loss incurred by the Parties that requires no proof. The payment of penalties (fines or default interest) shall not exempt the Lessee from the obligation to compensate for any other damage incurred by the Lessor not covered by the penalty. In any event, the application of the penalties provided for in the Agreement does not exempt the Lessee from the fulfilment of his obligations.
PAYMENT
1. The Lessee must pay the Lessor the Monthly Rental Fee in accordance with the procedure and within the timeframe specified in the Special Conditions of the Agreement. The Lessee undertakes to compensate for the Lessor’s costs related to the insurance of the Vehicle and make monthly insurance payments to the Lessor, the amount of which is specified in the Special Conditions of the Agreement. The procedure and conditions for payment of the Monthly Rental Fee shall apply mutatis mutandis to making insurance payments related to the insurance of the Vehicle.
2. The Lessee is aware that the Rental Fee rate also depends on the length of the Rental Period, which is divided into levels, which depend on the Rental Period and are specified in the Mobile Application.
3. Calculation of the Rental Fee starts from the moment the Agreement takes effect as specified in Paragraph 3.10 of the Agreement and shall be calculated during the entire Rental Period until the expiry of the Rental Period set in the Special Conditions of the Agreement and, if the Lessee fails to return the Vehicle in due time, until the date of actual return of the Vehicle.
4. After paying the fee for the conclusion of the Agreement, the Lessee undertakes to make the Prepayment to the Lessor as specified in Paragraph 3.9 of the Agreement.
5. The Monthly Rental Fee is calculated depending on the amount of the Prepayment selected by the Lessee – i.e. the Monthly Rental Fee is reduced by the proportionate part of the Prepayment, which is calculated by taking the amount of the Prepayment paid by the Lessee and dividing it by the number of months of the Rental Period selected by the Lessee (hereinafter – “Portion of the Prepayment”).
6. On the last day when each Monthly Rental Fee is due, the Lessor sets off the Portion of the Prepayment against the difference between the amount of the Rental Fee payable for the month and the Monthly Rental Fee.
7. The Lessee undertakes to pay each Monthly Rental Fee for the current month on the day of the month on which the Agreement has taken effect, as specified in Paragraph 3.10 of the Agreement (e.g. if the Agreement takes effect on 15 July, each monthly payment will be made on 15th day of the month). If this day is not a business day, payment must be made the next business day against the VAT invoices issued to the Lessee. If the Lessee does not receive an invoice, this shall not exempt him from paying the Rental Fee on the date set out in this provision.
8. The Monthly Rental Fee is automatically debited from the Lessee’s bank card specified on the Mobile Application and/or Website. If the Lessee is a legal person, the payment must be made by a bank transfer to the bank account specified by the Lessor in the Special Conditions.
9. If the Lessee does not receive a VAT invoice by email before the specified payment term, the Lessee undertakes to contact the Lessor regarding the invoice.
10. After receiving a VAT invoice, the Lessee must within 5 (five) calendar days check whether the data in the invoice is correct and notify the Lessor by email of any inconsistencies in the invoice. Any claims relating to the information in a VAT invoice must be made by the Lessee within 5 (five) calendar days from the date of receipt of the invoice. If the Lessee fails to make any claims within the above timeframe, it shall be deemed that the Lessee has accepted the invoice.
11. If the Lessee wishes that the issued VAT invoice be rewritten or corrected through no fault of the Lessor (e.g. the Lessee has indicated incorrect details), an additional fee of EUR 15 (fifteen euros) will be charged for rewriting or correcting the invoice.
12. The Lessee undertakes to pay the Lessor 0.05% (five hundredth percent) default interest of the amount due for each delay to make payment under this Agreement. The Lessee also undertakes to pay the Lessor the debt reminder administration fee of EUR 20 (twenty euros) for each debt notification sent to the Lessee.
13. The Lessee agrees to pay penalties (penalties and default interest) and damages to the Lessor not later than within 10 (ten) calendar days after the Lessor’s request (a written claim or an invoice issued to the Lessee and sent by email is deemed sufficient), unless other provisions of the Agreement provide otherwise.
14. The Lessor shall have the right to unilaterally set off the amounts of penalties and damages provided for in this article of the Agreement against any payments received from the Lessee, including the Prepayment made by the Lessee as specified in Paragraph 3.9 of this Agreement.
15. If the Lessee fails to fulfil his financial obligations under this Agreement and within 10 (ten) calendar days fails to rectify the breach after the notice to this extent, the Lessor shall, in accordance with the purpose and legitimate interest of the Agreement and seeking to defend its rights and legitimate interests, have the right to transfer the documents supporting the Lessee’s debts and arrears to the competent institutions or agencies, including debt recovery services, administrators of data on debtors, lawyers, and public authorities or agencies.
VEHICLE INSURANCE
1. The Lessee is aware that the Lessor has insured the Vehicle for the entire Rental Period with compulsory motor third party liability insurance (hereinafter – “MTPL” insurance) and comprehensive vehicle insurance (hereinafter – “CASKO” insurance) and agrees that the Lessor would obtain MTPL insurance and CASKO insurance policies.
2. The Lessee is aware that the price of MTPL insurance is valid for 1 (one) year from the moment of signing the Agreement. The Lessee is aware that after the expiry of 1 (one) year period specified in this paragraph of the Agreement, if the price of third party insurance services provided to the Lessor or the charges related to these services have changed, the Lessor shall have the right to unilaterally change the price of the MTPL insurance service once a the year. The price of CASKO insurance shall not change from the moment the Agreement is concluded and throughout the entire Rental Period.
3. The Lessee is aware and understands that the price of the MTPL insurance and CASCO insurance also depends on whether the commercial vehicle will be used to carry out courier, parcel delivery and/or food delivery operations. In view of this, the Lessee must make the necessary choices in the Mobile Application and/or on the Website (if the Agreement is concluded as set out in Paragraphs 3.7.1–3.7.2 herein) or expressly notify the Lessor by e-mail thereof (if the Agreement is concluded as set out in Paragraph 3.7.3 herein) prior to the conclusion of the Agreement, that the commercial vehicle will be used to carry out courier, parcel delivery and/or food delivery operations. After the signing of the Agreement, the Lessee will not be able to change the purpose of use of the commercial vehicle to that of carrying out courier, parcel delivery and/or food delivery operations (or vice versa) during the entire term of the Agreement. The Lessee is aware and understands that if the Lessee breaches the obligation specified in this paragraph of the Agreement to notify the Lessor that the commercial vehicle will be used to carry out courier, parcel delivery and/or food delivery operations, the insurance company, which has provided the commercial vehicle with the MTPL insurance and CASCO insurance may refuse to cover damage (or part thereof) incurred by the Lessor and/or by other third parties, therefore the Lessee may be obliged to compensate any such damage as specified in Paragraph 10.9 of the Agreement.
4. The Lessor shall ensure and perform all necessary actions that MTPL and CASKO insurance for the Vehicle would be valid during the entire Rental Period.
5. The rules for MTPL and CASKO insurance are published on the Mobile Application and/or on the Website. The MTPL insurance policy and conditions are attached as annexes to this Agreement.
6. By concluding this Agreement, the Lessee confirms that he has read and familiarised himself with the rules for MTPL and CASKO insurance, the terms and conditions under which the Vehicle is insured and the non-insured events.
7. By concluding this Agreement, the Lessee confirms that he (a) has familiarised himself with the non-insured events provided for in the rules for MTPL and CASKO insurance and the cases where the insurance company is entitled to refuse payment or reduce the amounts of the insurance benefit, (b) has familiarised himself with the amount of the unconditional franchise deductible under CASKO insurance (it is also specified in the Special Conditions), (c) understands that under the Vehicle insurance rules the insurer, after paying the insurance benefit, may, where appropriate, make a claim against the perpetrator by way of subrogation (the right of recourse), (d) knows and understands that the Lessor has not insured the drivers of the Vehicle and their passengers against bodily injury (trauma), health impairment caused by accidents, and risks of death.
8. The Lessee undertakes to comply with the requirements of the insurance rules applicable to the driver of the Vehicle.
9. The Lessee is aware and understands that if the Vehicle is destroyed or damaged during the Rental Period and if other third parties are injured, the Lessee will be liable for compensating for damages to the Lessor and/or other third parties to the extent they are not covered by the insurance company under the MTPL and CASKO insurance policies (unless the Lessee proves that the insured event was caused through no fault of his or other persons to whom the Lessee has granted the right to temporarily hold and use the Vehicle). There are various reasons why the insurance company does not compensate for the losses (e.g. due to unconditional franchise deductible, the insured amount is smaller than the amount of losses incurred, the event is a non-insured event, etc.). The Lessee may get additional insurance (e.g. in order not to incur losses in cases where the insured amount is smaller than the amount of losses incurred by the Lessor or third parties) and/or get insurance against the risk of bodily injury (trauma) caused by accidents, health impairment, risk of death, etc. In such a case, the Lessee should get independent consultancy from an insurer or another professional advisor regarding an insurance policy suitable for him and in accordance with his needs.
PROVISIONS CONCERNING THE PROCESSING OF PERSONAL DATA
1. For the purpose of processing personal data the Parties undertake to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to and on the free movement of such data (hereinafter – “GDPR”), the Law of the Republic of Lithuania on Legal Protection of Personal Data and other legal acts governing protection of personal data, and provisions concerning processing of personal data.
2. The Lessee is aware and agrees that in order to receive a long-term vehicle rental service provided by the Lessor, the Lessee must login to the Mobile Application and/or the Website and create his account and provide his personal data specified in this Agreement.
3. The Lessee is aware and agrees that after entering his personal data in the Mobile Application, UAB Prime Leasing, legal entity reg. No. 302565318, registered address Ozo str. 10A, LT-08200 Vilnius, which is the owner and administrator of the Mobile Application and provider of the Citybee short-term vehicle rental services via the Mobile Application, will receive the data.
4. The Lessee is aware and agrees that in order to receive the Lessor’s long-term Vehicle rental service, the Lessee must login to the Mobile Application and, first, become the customer of UAB Prime Leasing. The Lessee cannot obtain the Lessor’s services if he is not the customer of UAB Prime Leasing. If the Lessee does not agree to become the customer of UAB Prime Leasing and does not agree that his personal data are processed by UAB Prime Leasing, the Lessee should not register to the Mobile Application and/or reserve the Lessor’s services via the Mobile Application.
5. The Lessee is aware that on the basis of the agreement on data transfer from UAB Prime Leasing, concluded between UAB Prime Leasing and the Lessor, the Lessee’s personal data specified in this Agreement and the Mobile Application will be transferred to the Lessor in order the Lessor could provide the Lessee the long-term Vehicle rental services in accordance with the conditions laid down in this Agreement. In the case of the long-term Vehicle rental services, the Lessor is the controller of the personal data of the Lessee.
6. The Lessee is aware that when the Lessee orders the long-term Vehicle rental services provided by the Lessor and/or when subsequently he refuses the services, the Lessee, as the customer of UAB Prime Leasing, as specified in Paragraph 11.4 of the Agreement, cannot request to delete his personal data by UAB Prime Leasing, who is also the manager and administrator of the Mobile Application. The Lessee may request to delete his personal data if he refuses to be the customer of both UAB Prime Leasing and the Lessor.
7. The personal data of the Lessee are processed on a legal basis established by the GDPR – the processing of personal data is necessary for the conclusion and execution of the Agreement and, in the light of a specific personal data processing operation, on a legal basis established by the GDPR – the processing of personal data is necessary to ensure the legitimate interests of the Lessor (e.g. to ensure that the natural person is a legal representative of the legal person). Personal data shall also be processed for other purposes specified in the Privacy Policy of the Mobile Application and/or on the Website at www.mybee.lt.
8. For the purpose of conclusion and execution of this Agreement, the Lessee must provide the following personal data (in the case of a legal person – personal data of a designated representative) to the Lessor: first name, personal ID number, address, number of the driving licence, date of issue of the driving licence, validity period of the driving licence, a digital copy of the driving licence (photo), the Lessee’s photo, bank account number and/or the bank card number, year and month of validity, bank card CVV number, telephone number, email address, the power of attorney or another document confirming the right of a natural person to represent the Lessee (a legal person). Any loss incurred by the Lessor, including possible penalties resulting from the breach of the Lessee’s obligations under this provision, shall be borne by the Lessee.
9. The Lessee is aware that, for the purpose of conclusion and execution of the Agreement, the Lessor has the right to transfer the Lessee’s photo and a digital copy (photo) of the Lessee’s driving licence to third parties who provide the services for establishing the Lessee’s identity to the Lessor and the services for verification of the driving licence.
10. The Lessee is aware that, for the purpose of conclusion and performance of the Agreement, the Lessor may obtain details of the Lessee’s driving licence from the State Enterprise REGITRA, which are necessary to perform the verification of the Lessee’s right to drive the Vehicle.
11. The Lessee is aware that, for the purpose of execution of the Agreement and for the purpose of the Lessor’s legitimate interest (asset protection), the Lessor can receive information about the Vehicle GPS (location) data, start and end time of the travel, and Vehicle parameters such as engine operation, speed, Vehicle fuel level, and Vehicle alert messages. The personal data specified in this paragraph of the Agreement shall be obtained from the telemetry system installed in the Vehicle and shall be stored for a period of 1 (one) year from the date of receipt of such data.
12. The Lessor shall observe the following principles when processing personal data:
  1. personal data are collected for specific and legitimate purposes;
  2. the processing of personal data is carried out in an accurate, fair and transparent manner;
  3. adequate, suitable and only such personal data are processed which are necessary to achieve the set objectives;
  4. personal data are processed lawfully, i.e. only on legal grounds established by legal acts (conclusion and execution of the Agreement, consent, and other grounds, if applicable);
  5. personal data are regularly updated;
  6. personal data are stored no longer than it is required for data processing purposes.
13. When processing personal data for the purpose of conclusion and execution of this Agreement and for the purpose of legitimate interest, the data is stored: for 3 (three) months, if the Agreement is not concluded, and, for 5 (five) years after the services have been provided, unless the Agreement provides for a different term of retention of specific personal data or the legal acts do not require the retention of personal data. The Lessor undertakes to destroy the Lessee’s personal data after the expiry of the retention period, unless further retention of the Lessee’s personal data is mandatory in accordance with the requirements of legal acts.
14. If the Lessee uses wired or wireless means to connect to the equipment in the Vehicle, including but not limited to navigation and multimedia systems using mobile devices, including, but not limited to, a smartphone, the Vehicle will automatically store the data of the Lessee’s device. The Lessor shall not use and process any such automatically generated data for any purpose. The Lessee represents that he understands and is aware that the data of the mobile device must be deleted from the equipment of the Vehicle by the Lessee in accordance with the instructions of the Vehicle manufacturer. The Lessee represents, understands and is aware that the Lessor is not liable and will not compensate for any losses incurred by the Lessee related to the automatic retention of the Lessee’s data in the Vehicle. Any claims by the Lessee concerning the data of mobile devices that have been automatically stored and not deleted in the Vehicle shall be considered unfounded and shall not be examined by the Lessor.
15. If the Lessee fails to fulfil his financial obligations, the Lessor shall be entitled to transfer the Lessee’s data in accordance with Paragraph 9.15 of this Agreement.
16. The Lessee confirms that he is aware that the Lessor may provide a copy of this Agreement and/or the personal data of the Lessee specified in Section 11 of this Agreement to the financier who owns the Vehicle, for the purposes of the execution of the relevant financing agreement, the related legal obligations and administration. The Lessee may find information about the specific Vehicle financier in the Vehicle registration certificate or by contacting the Lessor via the Mobile Application and/or the Website. The information about how the specific Vehicle financier processes the personal data of the Lessee is available on the website of the relevant Vehicle financier.
17. The Lessee confirms that he is aware that based on the legitimate interest and in order to ensure the quality of the services and execute the Agreement, the Lessor will record telephone conversations with the auto service unit. Prior to any such recording, the Lessee or another data subject will be informed of the recording and purpose of the recording. Recordings of telephone conversations shall be stored for 6 (six) months and may be replayed only if there is a suspicion of the breach of this Agreement, the violation of the rules for login by the Lessee in the Mobile Application and/or the Website or violation of the Lessor’s internal rules, accidents or conflicts (incidents) with the Lessee, or loss, damage or destruction of material assets.
18. The Lessor will perform its contractual and statutory obligations in accordance with the data provided by the Lessee during the registration on the Mobile Application and/or on the Website and at the time of conclusion and execution of the Agreement. If there is any change in the Lessee’s data, the Lessee must notify the Lessor thereof not later than within 3 (three) calendar days.
19. The Lessor shall have the right to send to the Lessee, only if the Lessee has expressly given his free written consent, using the communication channel selected by the Lessee (e.g. sms messages, phone calls, emails, Mobile Application, etc.), special promotional, commercial or other offers related to the Lessor’s commercial activities. A Lessee shall have the right to withdraw his consent regarding sending any such information at any time. The Lessor shall have the right to send general direct marketing offers without the consent of the data subject in accordance with the exception provided for in Article 69 of the Law on Electronic Communications of the Republic of Lithuania (the Lessee may express an objection to such processing; the Lessee shall have an opportunity to decline any such communication). The Lessee shall have the right to send information notices, reminders and other information directly related to the execution of the Agreement, and the exercise of the rights and obligations of the Lessee and the Lessor under this Agreement without the Lessor’s consent.
20. The Lessee represents that he is aware and has the following rights:
  1. to obtain information and familiarise with the processed personal data;
  2. to demand to correct inaccurate, incomplete or incorrect personal data;
  3. to require to restrict the scope of data processing operations (except storage);
  4. to require to destroy or delete the data (in the case where excessive data is processed, processing of data is in breach of legal requirements, where the consent is revoked or there are other grounds specified in legal acts);
  5. to data portability (where the data is processed on the basis of an agreement or consent);
  6. object to the processing of personal data according to the procedure laid down by the law, where personal data is processed on the basis of consent or legitimate interest, including processing for direct marketing purposes;
  7. to withdraw his consent to process personal data.
21. The requirements regarding the exercise of the rights of the Lessee as the data subject can be executed only if he has confirmed his identity in accordance with the procedure laid down by legal acts. In such a case, in order to ensure that personal data or information concerning their processing is transferred to the entity to which the personal data belong, the Lessor shall have the right to require the Lessee to confirm his identity.
22. The personal data of the Lessee may be transferred only to the extent necessary for the specific personal data processing purpose to:
  1. the persons in charge of the customer service, accounting, Vehicle maintenance (in the event of a traffic accident) and marketing and the authorized employees of the Lessor;
  2. third parties that provide services to the Lessor, including, inter alia, marketing companies, information technology service providers, customer service/contact centre, audit, accounting, legal services, debt recovery companies, creditors of the Lessor and other third parties and only to the extent necessary for the specific personal data processing purpose.
  3. the Lessor’s group of companies.
23. If the Lessee has any questions or complaints regarding the processing of personal data and wishes to exercise his rights as the data subject, he may contact the Lessor using the contact details provided on the Mobile Application and/or on the Website. If the Lessee has any complaints, he may also contact the State Data Protection Inspectorate (L. Sapiegos str. 17, Vilnius, tel. (8 5) 271 2804, 279 1445, fax (8 5) 261 9494, email: ada@ada.lt).
24. The Lessee undertakes to familiarise all persons who are granted the right to use the Vehicle on behalf of the Lessee under the conditions of this Agreement with the terms and conditions of this Agreement.
EXPIRY AND TERMINATION OF THE AGREEMENT
1. The Agreement shall be deemed to have expired with the expiry of the Rental Period of the Vehicle and the Lessee (natural or legal person) does not renew the Agreement, where the Agreement can be extended.
2. In the event of the death of the Lessee, the Agreement shall be terminated and the Lessor shall have the right to collect the Vehicle at any time without additional legal procedures from the moment of the Lessee’s death and/or from the moment when the information about the Lessee’s death becomes known, and use the Vehicle at the Lessor’s discretion.
3. The Lessor shall have the right to terminate this Agreement unilaterally out of court before its expiry, if at least one of the following events occurs, each of which is considered to be a material breach of the Agreement, provided the Lessee does not rectify any such breach within the timeframe specified in the Lessor’s written request (if, in the light of specific circumstances, the Lessor considers it to be possible):
  1. The Lessee fails to pay any amount due under the Agreement for more than 21 (twenty-one) calendar days and, after the notification from the Lessor to this extent, fails to pay the Lessor within 2 (two) calendar days after the receipt of the notification;
  2. The Lessee fails to execute or fails to execute properly any other agreements or any other arrangements with the Lessor or creditors, including if the Lessee fails to fulfil or fails to fulfil properly his obligations under guarantees and fails to fulfil them 20 (twenty) calendar days after the Lessor’s request to rectify the breach; or fails to fulfil or fails to fulfil properly his payment or other obligations to creditors which have arisen on other legitimate grounds. Failure to pay another creditor shall be considered the basis for the termination of the Agreement only if the Lessor considers that such non-payment will jeopardize the performance or proper performance of the Lessee’s obligations under this Agreement;
  3. The Lessee has provided the Lessor with information or documents containing incomplete, unlawful or inaccurate information necessary for the conclusion of the Agreement or has supplied such incomplete, unlawful or inaccurate information in the course of the performance of the Agreement;
  4. The actions/omissions of the Lessee significantly reduce the value of the Vehicle and this significant reduction in the value of the Vehicle exceeds the natural wear and tear of the Vehicle;
  5. Bankruptcy proceedings are initiated against the Lessee, the Lessee is liquidated, or a request is filed with the court regarding the restructuring of the Lessee or the debt; the Lessee is being reorganised, or the Lessee (legal person) is otherwise considered to have been wound up or in the event of the Lessee’s death;
  6. The Lessor has reasonable grounds to suspect that the Vehicle or the Lessor’s right to the Vehicle is under risk;
  7. The Lessee does not comply with the requirements of the Lessor’s rules for the use (maintenance), technical maintenance, including roadworthiness testing, and repair of the Vehicle;
  8. The Lessee breaches and does not fulfil his obligations under the Agreement, avoids performance of contractual obligations, and does not respond to repeated reminders and warnings from the Lessor to comply with the conditions of the Agreement, and fails to rectify the breach within 3 (three) calendar days of the Lessor’s notification of the breach;
  9. A certain event or events take place which, based on the reasonable opinion of the Lessor, may have a significant adverse effect on the financial condition of the Lessee or threaten the Lessee’s ability to fulfil the obligations arising from this Agreement;
  10. The Lessee enters into agreements or other arrangements which encumber the Lessor’s right to the Vehicle;
  11. The Lessee does not allow to inspect or assess the Vehicle;
  12. The Vehicle’s telemetric system is dismantled or disconnected without the consent of the Lessor.
  13. The Lessee fails to fulfil or to fulfil properly any of its duties set out in Paragraph 10.3 of the Agreement.
4. On the grounds specified in Paragraph 12.3 above, the Lessor shall have the right to disable the unlocking and/or starting of the engine of the Vehicle (via the telemetry system of the Vehicle) at the Lessor’s discretion. The unlocking and/or starting of the engine of the Vehicle may be disabled until the breach is rectified or the Vehicle is returned to the Lessor. If the Lessor terminates the Agreement in the event of any cases specified in Paragraph 12.3, the Lessee must pay the Lessor a penalty of 4 (four) months’ Rental Fee and the administration fee in the amount of 150 EUR (one hundred fifty euros) for the termination of the Agreement.
5. The Agreement shall be deemed to have been terminated from the date specified in the written notification as provided for in Paragraph 12.3 of the Agreement, but not earlier than within 3 (three) business days after the date of dispatch of the notification. If, before the date of termination of the Agreement, the breach is rectified, the Agreement shall remain in force if the Lessor agrees to it.
6. After the termination of the Agreement on any grounds set out in Paragraph 12.3, the Lessor shall perform recalculation of the Rental Fee in accordance with the conditions laid down in Paragraph 8.16 of the Agreement, which the Lessee must pay the Lessor. The Lessee must also pay the Lessor all charges, direct and indirect losses, and penalties, if the Lessor incurred losses and/or conditions for payment of the penalties have arisen.
7. The Lessee shall have the right to terminate the Agreement unilaterally for any reason before its expiry, by giving the Lessor 30 (thirty) calendar days’ notice thereof. In such a case, the Lessee must pay the amount of the Rental Fee recalculated in accordance with the conditions laid down in Paragraph 8.16 of the Agreement, the administrative fee of EUR 150 (one hundred fifty euros) for the termination of the Agreement, compensate for direct and indirect losses under this Agreement, and pay penalties if any such losses were incurred and/or the conditions for payment of the penalties have arisen.
8. After the termination of the Agreement on the grounds provided therein, the Lessor shall have the right to unilaterally set off all amounts due and arrears under the Agreement, penalties and losses against any amounts received from the Lessee, including the Prepayment made by the Lessee as specified in Paragraph 3.9 of the Agreement.
9. After the termination of the Agreement on the grounds provided for in Paragraphs 12.3 and 12.7 of the Agreement, the Lessee must not later than within 3 (three) business days after the notification of the termination of the Agreement is provided to the Lessee, return the Vehicle to the Lessor in an appropriate and timely manner as set out in Article 7 of the Agreement.
FORCE MAJEURE
1. The Party shall be exempted from liability for failure to fulfil its obligations under the Agreement, if the obligations are not fulfilled due to the force majeure circumstances, which are beyond the Party’s control or which could not have been reasonably foreseen at the time of the conclusion of the Agreement and the consequences of which could not have been prevented. The breach of the obligations by the Party due to the lack of financial resources or the breach of contractual obligations by their contractors shall not be deemed to be the force majeure circumstances.
2. If the circumstances due to which it is impossible to execute the Agreement are temporary, the Party may be exempted from liability for a period which is reasonable in view of the effects of those circumstances on the performance of the Agreement.
3. The Party which fails to perform under the Agreement must notify the other Party of the occurrence of the force majeure circumstances and their impact on the execution of the Agreement. If the other Party does not receive such notification within a reasonable time after the non-performing Party has become aware or should have been aware of such circumstances, the non-performing Party must compensate for any loss resulting from failure to notify.
4. The force majeure circumstances do not prevent the Lessor from terminating and/or suspending the Agreement and/or claiming payment of the Rental Fee, interest and/or requesting to return the Vehicle.
FINAL PROVISIONS
1. This Agreement shall take effect from the moment specified in Paragraph 3.10 of the Agreement and shall remain in force until the Parties have fully fulfilled their obligations under the Agreement.
2. Any amendments, supplements and annexes to this Agreement shall be valid only if they are made in writing and are duly signed by the Parties. If there are the circumstances stipulated in Paragraph 2.12 of the Agreement – the owner of the Vehicle is a third party – financier, Paragraphs 2.12, 4.1, 4.5, and 11.16 of this Agreement and Paragraph 14.2 herein cannot be amended and/or supplemented by the Parties without the prior consent of the third party – financier. The Lessor shall be exclusively responsible for obtaining any such consent and confirming the receipt.
3. This Agreement is governed by the law of the Republic of Lithuania. Any dispute, disagreement or claim arising from this Agreement or relating to this Agreement, its breach, termination or validity shall be settled by negotiation, and if the dispute cannot be resolved by negotiation, it shall be settled before the competent court of the Republic of Lithuania.
4. The information contained in the Agreement, relating to it, and all information disclosed in the course of the execution of this Agreement, whether knowingly or accidentally, is confidential. Each Party may disclose this information to third parties only to the extent necessary for proper execution of this Agreement and only with prior written consent of the other Party, except where the information is required by public authorities entitled to receive it under laws or regulations.
5. The Lessor shall have the right to unilaterally assign all rights and obligations arising from this Agreement to a third party by informing the Lessee thereof in writing.
6. If any provision of the Agreement becomes contrary to the laws or other legal acts of the Republic of Lithuania or becomes invalid, this shall not affect the validity of other provisions of the Agreement. The Parties undertake to amend the provision of the Agreement, which is contrary to the laws of the Republic of Lithuania or other legal acts or is invalid with another provision compatible with legal acts and valid, which in its legal and economic significance would be as close as possible to the provision which is contrary to the law or invalid.
7. Any notifications, consents and other communication that the Party may provide under this Agreement shall be considered valid if they are delivered to the other Party in person against the acknowledgment of receipt, sent by registered mail, fax, email addresses indicated on the Mobile Application and/or on the Website, and provided using the Mobile Application and/or on the Website. The notifications shall be considered to have been served in person on the day when they are delivered; notifications sent by registered mail shall be considered to have been served on the 5 (fifth) business day following the date of dispatch, unless they are actually served earlier and a document confirming receipt is obtained; notifications sent by fax or email shall be considered to have been served on the day when they are sent if they are sent on a business day before 17.00, otherwise the notification shall be deemed to have been received on the first business day following the dispatch; notifications sent on the Mobile Application and/or on the Website email shall be considered to have been served on the day of dispatch of the notification.
8. Contact addresses of the Parties are indicated on the Mobile Application and/or on the Website. In the event of the change in the address and/or other details of the Party, such Party must notify the other Party thereof not later than within 3 (three) calendar days after the change in the relevant data. If the Party fails to comply with these requirements, it shall assume the negative consequences of non-compliance with this requirement.
9. If there are any inconsistencies between the provisions of the General Conditions and Special Conditions, and the annexes to the Special Conditions, the provisions of the Special Conditions and the provisions of the annexes of the Special Conditions shall apply.
10. This Agreement is made in 2 (two) copies, one copy to each Party. Both copies are considered original copies and have equal legal effect.

Motor vehicle rental agreement

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