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About the provision of electric scooter rental services
This Agreement is public, in accordance with Art. Art. 633, 641 of the Civil Code of Ukraine, and its conditions are the same for all Lessors, unconditional acceptance of the terms of which is considered acceptance of this offer by the Lessor, for which the Lessor publishes this Agreement about the following:
Natural person-entrepreneur Zhulkanych Viktor Oleksandrovych , hereinafter referred to as the "Lessor", on the one hand, and an adult natural person (citizen of Ukraine, foreigner, stateless person) who has accepted the offer of this public Agreement on the provision of electric scooter rental services, hereinafter referred to as the "Lessor", on the other hand, collectively referred to as the Parties, concluded this public Agreement on the provision of electric scooter rental services (hereinafter referred to as the Agreement) on the following:
1. DEFINITION OF TERMS
Acceptance - the response of the natural person to whom the offer to conclude a contract is addressed, about its acceptance (acceptance of the offer);
Debit of funds without acceptance - withdrawal of funds from the bank card specified by the Lessee to fulfill the terms of this Agreement. Debiting funds is carried out without obtaining additional consent from the Lessor, according to the rules and in the order provided by the legislation of Ukraine and this Agreement.
Mobile application "Vevi" (hereinafter Mobile application; application) – a program provided by the Lessor, installed by the Lessee on a mobile device and allowing the use of the Lessor's services.
Personal data - any information concerning the Hirer, including his last name, first name, patronymic, year, month, date and place of birth, address, passport data, as well as data from another document certifying the identity of the Hirer, contact numbers , e-mail, account in the Mobile application; information about the bank card provided by the Lessee when registering in the Mobile Application, as well as other information that may become known to the Lessor regarding the Lessee during the conclusion, execution and termination of this Agreement.
Traffic regulations - traffic rules (with all amendments and additions), approved by the Resolution of the Cabinet of Ministers of Ukraine dated October 10, 2001 No. 1306 (with amendments and additions).
Rolling - the use of the electric scooter in accordance with its intended purpose (personal movement around the city), from the moment of starting the use of the electric scooter until the moment of its completion, according to the rules defined by this Agreement. In this Agreement, the terms "rental" and "lease" are used interchangeably.
Landlord's website - http://vevi.com.ua
Public offer - the one that contains all the essential conditions of the Rental Agreement, the Lessor's proposal to conclude the Agreement on the terms specified in it with any natural person who can act as the Lessee under this Agreement. In this Agreement, the terms "Public Offer" and "Offer" are used interchangeably.
Electric scooter - a vehicle provided to the Lessee by the Lessor for temporary use under the Rental Agreement, which is concluded by acceptance of this public Agreement by the Lessee using the "Vevi" application.
Area of use - the territory of the city, marked in the "Vevi" application in green, within which the Lessor provides electric scooter rental services, and within which the Lessee can use the Lessor's services.
Booking - fixing the electric scooter chosen by the Renter for the given user for the time of booking.
2. SUBJECT OF THE AGREEMENT
2.1 The Lessor transfers the electric scooter to the Lessee for temporary use, and the Lessee accepts the electric scooter for use for consumer purposes (for personal needs), not related to the implementation of business activities.
2.2 The hirer can use the electric scooter within the limits of the Use Zone. Outside the specified Zone, the Renter will not be able to complete the trip, and therefore the usage fee will be charged until the Renter returns to the Usage Zone and completes the trip.
3. CONDITIONS AND PROCEDURE FOR CONCLUSION OF THE AGREEMENT
3.1 At the time of concluding the contract, the Hirer must have full legal capacity (be of legal age at the time of acceptance of this offer, be aware of the significance of his actions and be able to control them).
3.2 The Hirer, who wishes to conclude the Agreement, must accept this Offer in electronic form, in accordance with the procedure specified in the Agreement.
3.3 The Agreement is concluded by the Tenant joining the conditions established by the Agreement as a whole, without any conditions or reservations;
3.4 Acceptance means that the Hirer has familiarized himself with all the provisions of the Agreement, agrees with them and assumes the unconditional obligation to comply with them.
3.5 Acceptance is deemed to have been made by the Hirer on the condition that he performs the following set of actions:
3.5.1 filling out by the Hirer in full the questionnaire, which is provided to the Hirer at the time of registration in the "Vevi" service.
3.5.2 acquainting the Lessee in full with the terms of this Agreement, the terms of service provision and the Privacy Policy, putting appropriate marks next to them or pressing the "I agree" button when registering in the "Vevi" application, which the Lessor and Lessee recognize as an analogue of the Lessee's handwritten signature, equal in legal force to the Tenant's handwritten signature on a paper medium.
3.6 The parties agreed that if the Lessor has doubts about the authenticity of the data specified in the Personal Data Questionnaire when registering in the "Vevi" service, he has the right to send a request for additional information about the Lessee's identity through the Mobile application or in another way, including number, photos of his passport pages, or other identity document. The parties have agreed that in case of failure to provide such additional information, which allows to eliminate doubts about the authenticity of the personal data specified in the Questionnaire, the acceptance may be considered not implemented, and the Agreement may be considered not concluded.
3.7 The Lessor bears no responsibility or any obligations in the event that the offer is not accepted and the Agreement is not concluded due to the impossibility of processing the details and information provided by the Lessee for technical reasons.
3.8 By accepting the offer, the Hirer confirms and guarantees that any actions carried out in the "Vevi" service under his account are carried out personally by the Hirer. All risks related to the unauthorized use of the Hirer's account or mobile device are borne solely by the Hirer.
3.9 By accepting the offer, the Tenant confirms his consent to the processing of his personal data by the Lessor in accordance with the terms of the Agreement and agrees to the recording of conversations when contacting the Lessor's Call Center.
4. CONTENTS OF THE AGREEMENT
4.1 Responsibilities of the Lessor:
4.1.1 Provide the Lessee through the Mobile application "Vevi" or by posting on the Lessor's Website complete information about the electric scooter, its technical characteristics, the amount of rental payments (tariffs), etc., as well as timely post information on changes to the terms of the Agreement on the Lessor's Website;
4.1.2 Provide the Lessee with an electric scooter suitable for its intended use. At the same time, the Lessor does not guarantee the serviceability, cleanliness and absence of damage of the electric scooter, if such information was not illegally provided by the previous Lessor. In any case, the Hirer is obliged to independently verify the serviceability of the electric scooter before starting to use it;
4.1.3 To bear the costs of maintaining the electric scooter, which arise in connection with its normal operation (with the exception of costs that are directly assigned to the Hirer by the Contract);
4.1.4 Ensure compliance with the requirements of Ukrainian legislation when receiving and processing the Hirer's personal data;
4.1.5 Properly fulfill the obligations arising from this Agreement;
4.2 Rights of the Lessor:
4.2.1 Check information, including personal data, provided by the Employer during registration in the "Vevi" Mobile application;
4.2.2 Process the Hirer's personal data provided during registration in the "Vevi" Mobile application, as well as received during the conclusion and execution of this Agreement;
4.2.3 Check the Lessee's debt under this Agreement, as well as other agreements between the Lessee and the Lessor, if such were concluded;
4.2.4 To monitor the maintenance of the electric scooter, as well as its technical condition, monitor the compliance of the operation of the electric scooter with the goals established by this Agreement and the terms of use;
4.2.5 Refuse to enter into a contract, in case the Hirer provides inaccurate or incomplete personal data during registration in the "Vevi" Mobile application;
4.2.6 Refuse to enter into the Agreement, suspend or terminate its effect, if the Lessee has debts arising from this or other Contracts concluded between the Lessee and the Lessor, until the repayment of such debt in full, as well as in case of violation by the Lessee of other terms of this Agreement;
4.2.7 Unilaterally make changes to this Agreement (including conditions on the cost and rental conditions), which must be notified to the Lessor by posting relevant information on the Lessor's Website or in the "Vevi" Mobile application;
4.2.8 If the Renter leaves the Use Zone during the rental of the electric scooter for more than 1 kilometer, report the fact of theft to the law enforcement authorities, as well as resort to other methods of protecting one's rights provided for by the legislation of Ukraine;
4.2.9 If the Lessor has sufficient grounds to believe that the Lessee is engaged in fraudulent actions, as well as other manifestations of dishonest behavior, to unilaterally terminate performance under this Agreement, notifying the Lessee through the "Vevi" Mobile application.
4.2.10 Switch the electric scooter to energy saving mode (speed reduction) if the battery charge drops below 10%
4.3 Rights of the Lessee: The Lessee has the right to use the electric scooter according to its intended purpose, in the terms, in the manner and under the conditions stipulated in this Agreement.
4.4 Responsibilities of the Hirer:
4.4.1 Before starting to use the electric scooter, conduct an external inspection of it for damage and technical condition;
4.4.2 If damage or other defects of the electric scooter are discovered before starting to use it, notify the Lessor and send him photos using the "Vevi" Mobile application. In the event that the Lessee did not inform the Lessor of the existing damage or other defects of the electric scooter prior to the start of use, the Lessee shall admit himself guilty of causing damage during the use of the electric scooter, if such were discovered by another Lessee or the Lessor in the future.
4.4.3 In the absence of damage and other defects in the electric scooter, accept the electric scooter for temporary use in accordance with the procedure provided for in section 7 of this Agreement;
4.4.4 Use the electric scooter strictly in accordance with its intended purpose.
4.4.5 Drive the electric scooter personally. The hirer has no right to transfer the electric scooter to third parties for free use and/or sublease.
4.4.5.1 The hirer does not have the right to transfer the electric scooter to persons who have not reached the age of majority or to incapacitated persons or to persons whose legal capacity is limited.
4.4.6 To ensure the safety of the electric scooter from the moment it is accepted for use until the moment the rental is completed.
4.4.7 Careful use of the Lessor's property. Take measures to prevent damage to the Lessor's property. In this regard, the Employer is prohibited from taking a number of actions, in particular, but not exclusively:
4.4.7.1 The hirer is prohibited from using the electric scooter on uneven surfaces, outside sidewalks and paths with a hard surface, moving over any pits, potholes, hills, other irregularities that differ from the main surface by more than 3 cm, as well as having sharp edges or other features of the road surface that create an additional load for the wheels of the electric scooter, puddles with a depth of more than 1 cm, regardless of the possibility of external depth determination;
4.4.7.2 The hirer is prohibited from using the electric scooter to ride off-road, rough terrain;
4.4.7.3 The hirer is prohibited from performing acrobatic tricks, jumping, running into obstacles, curbs, stairs; to use an electric scooter in competitions;
4.4.7.4 The hirer is prohibited from using the electric scooter for transporting and towing goods; to move more than one person on an electric scooter at the same time, as well as to transport children and animals; move on an electric scooter if the total weight (with clothes, bag, backpack, etc.) exceeds 100 kg;
4.4.7.5 The hirer is prohibited from leaving the electric scooter after the end of the rental in hard-to-reach places, attaching it to various structures (signs, poles, fences, etc.) or otherwise blocking the electric scooter;
4.4.7.6 The hirer is prohibited from disassembling the electric scooter or removing any parts from it;
4.4.7.7 The hirer is prohibited from removing stickers, identification numbers, barcodes, as well as applying inscriptions, pasting stickers, applying marks, damaging the paintwork of electric scooters, polluting it (except for normal pollution during use);
4.4.7.8 The Lessee is prohibited from using technologies or taking actions that may cause damage to the Lessor's Site, the "Vevi" Mobile Application, electric scooters, or other property of the Lessor;
4.4.7.9 The hirer is prohibited from making any changes to the electric scooter, changing any of its characteristics, making improvements or deterioration of electric scooters.
4.4.8 Immediately notify the Lessor through the "Vevi" Mobile application about any damage to the electric scooter received during the rental, disconnection of any of the systems, other malfunctions, traffic accidents involving the electric scooter; malfunction of the "Vevi" mobile application. Under such circumstances, the Lessee must stop using the electric scooter, which must be informed to the Lessor through the "Vevi" Mobile application;
4.4.9 Take appropriate measures to protect your account in the "Vevi" service, including your name and password, from unauthorized use by other persons, and immediately notify the Lessor of the relevant information in case of detection of such use;
4.4.10 The hirer has no right to transfer the data of his account in the "Vevi" service (login, password, etc.) to third parties;
4.4.11 If the Lessor has doubts about the appropriateness of using the registered account, the Lessor has the right to send a request to provide additional information about the Lessee's identity, including photos of the pages of his passport or other identity document. The parties agreed that in case of failure to respond to the request, the Lessor has the right to suspend, and after three days to terminate the validity of this Agreement.
4.4.12 Monitor information updates on the Lessor's Website, as well as in the "Vevi" Mobile application;
4.4.13 In a timely manner, in accordance with the terms of this Agreement, pay rent, pay other payments stipulated by the Agreement;
4.4.13.1 In a timely manner, in accordance with the terms of this Agreement, pay in full for the electric scooter rental services, even if the electric scooter went into economy mode due to a low battery charge, or turned off due to the fact that it was discharged during the previous rental period by this Renter;
4.4.14 In the case of debiting funds from the Lessee's account in an amount that does not correspond to the tariffs, immediately notify the Lessor of this through the "Vevi" Mobile application, by e-mail or by phone indicated on the Lessor's website;
4.4.15 After the end of the use of the electric scooter and the termination of the rental, the Renter is obliged to park the electric scooter within the Zone of use in the bicycle parking area, and in the absence of it - on the side of the road or on the sidewalk, but in such a way that the electric scooter does not obstruct the movement of pedestrians or vehicles. The hirer must not allow the parking of the electric scooter on tram tracks, on railway tracks or crossings, in tunnels, on overpasses, bridges, overpasses, on pedestrian crossings and closer than 5 m before or after them; on the road, near dangerous turns; on the lane for cyclists; at the intersection of carriageways and closer than 5 m from the edge of the carriageway; 15 meters closer to bus stops or taxi stands.
4.4.16 The electric scooter must be returned to the Lessor in a technically sound condition, without any damage, in accordance with the procedure provided for in this Agreement;
4.4.17 During the use of the electric scooter, the Hirer is obliged to follow the rules of the road and bear personal responsibility, established by the legislation of Ukraine, for their violation. In this regard, when using an electric scooter, the Hirer must, in particular: - move along the bicycle path; - when driving in the dark or in conditions of insufficient visibility, it is necessary to turn on the headlight of the scooter, and it is also recommended to wear items with reflective elements and ensure the visibility of these elements to other road users.
4.4.18 In order to prevent the likelihood of the Hirer being held liable for violating traffic rules, the Hirer is prohibited from: - driving an electric scooter while under the influence of alcohol, drugs, toxic or other intoxication, as well as refusing to undergo a medical examination procedure at the request of an authorized person; - drive an electric scooter without holding the steering wheel; - to ride an electric scooter in the subway, underground passages, go inside buildings and structures, in areas with limited access, private areas, etc.;
4.4.19 Avoid harming the life, health and property of third parties, including other road users. In the event of damage caused by the use of an electric scooter, the Hirer is held liable in accordance with the procedure provided for by the current legislation of Ukraine.
5. AMOUNT, PROCEDURE AND METHOD OF PAYMENT
5.1 Lease payments, fines and other payments provided for in this Agreement are made by means of non-acceptance debiting of funds from the Tenant's wallet in the "Vevi" application in accordance with the Lessor's tariffs.
5.2 The Hirer replenishes the personal wallet by redirecting to the site of the payment system, where the Hirer enters the data of his valid bank card, and fulfills other requirements for replenishing the personal wallet in the "Vevi" service.
5.3 Upon acceptance of this Offer, the Tenant expresses his unconditional consent to the withdrawal of funds from his personal wallet in the "Vevi" service, which constitute rental payments, fines and other payments stipulated in this Agreement, without acceptance.
5.4 For the use of the electric scooter, the Hirer pays the Lessor a rental fee in accordance with the tariffs indicated in the "Vevi" Mobile application and on the Lessor's website;
5.5 VAT is not charged on the Lessor's services, as he is not registered as a VAT payer.
5.6 Cash withdrawals for the use of the electric scooter are carried out immediately after the use of the electric scooter is stopped (after the end of the trip).
5.7 In the case of illegal withdrawal of funds from the Lessee's wallet in the "Vevi" application, the latter has the right to contact the Lessor at the phone numbers (contacts) indicated on the Vevi website (https://Vevi.com.ua/) for the return of such funds . Each application of the Tenant is considered by the Landlord within 3 days. In order to resolve the issue of the return of illegally debited funds, the Lessor has the right to make calls and send messages to the Lessee in order to obtain the necessary information.
5.8. In the event that the Lessor charges a fine(s) to the Lessee, provided that there is not enough money in the Lessee's wallet, the Lessor has the right to send an invoice for the corresponding amount of the fine to the Lessee's email address and/or to the Lessee's mobile phone number.
6. ELECTRIC CAR RENTAL PERIOD
6.1 The rental period of the electric scooter is calculated in minutes.
6.2 The rental period of the electric scooter begins when the "Scan" button is pressed in the "Vevi" Mobile Application and ends when the Renter actually completes the rental of the electric scooter by clicking the "End Trip" button in the "Vevi" Mobile Application, and, at the request of the Lessor, sending as confirmation, photos of the general appearance of the parked electric scooter via the "Vevi" Mobile Application.
6.3 The hirer has no right to use the electric scooter before accepting this public contract, as well as after its execution, completion, termination, termination, etc.
7. RECEIVING-TRANSMISSION PROCEDURE OF THE ELECTRIC MOTORCYCLE
7.1 The acceptance and transfer of the electric scooter from the Lessor to the Lessee is carried out as follows:
7.1.1 The hirer uses the "Vevi" mobile application to select any available electric scooter on the map. After that, the Hirer uses the "Vevi" Mobile application to scan the QR code located on the steering wheel of the electric scooter, or by opening the corresponding page in the "Vevi" Mobile application, manually enters the number of the selected electric scooter. At the same time, the following information about the electric scooter is displayed in the Mobile application: location, cost of 1 minute of rental and unlocking cost, battery charge level.
7.1.1.1 Using the "Vevi" Mobile Application, the Lessee can book a specific electric scooter at the price and for the period specified in the "Vevi" Mobile Application or on the Lessor's website. The reservation can be canceled by the Renter through the "Vevi" Mobile application.
7.1.1.2 In the case of cancellation of the reservation, as well as in the event that the Renter does not start renting the electric scooter after the reservation period has expired, the price of the reservation will be charged from the Renter's personal wallet in the "Vevi" Mobile application.
7.1.1.3 The Lessor has the right to deny the Lessee the reservation in the event of at least one fact of cancellation of the reservation or in the absence of the fact that the Lessee has started renting the electric scooter after the end of the reservation period.
7.1.2 At the moment of pressing the "Scan" button in the "Vevi" Mobile application, the Hirer confirms the actual receipt of the selected electric scooter and the rental prices and other conditions applied to it, and from that moment the rental time of a specific electric scooter begins to be calculated.
7.2 Acceptance and transfer of the electric scooter from the Lessee to the Lessor is carried out as follows:
7.2.1 The Lessee parks the electric scooter in a permitted place within the Use Zone, presses the "End Trip" button in the "Vevi" Mobile Application, and, at the request of the Lessor, sends a photo of the parked electric scooter through the "Vevi" Mobile Application.
7.2.2 The electric scooter rental period ends when the Renter clicks the "End trip" button in the "Vevi" Mobile Application. If the Lessor sent the Lessee a request to send a photo of the parked electric scooter - at the time of sending such photos to the Lessor through the "Vevi" Mobile application. On the condition that the Renter fulfills the order of receiving and handing over the electric scooter stipulated in the Agreement, the Renter receives a confirmation of the completion of the rental in the "Vevi" Mobile application.
7.2.3 The fact of receiving services by the Tenant is confirmed by payment of the Lessor's services by such Tenant.
8. RESPONSIBILITY OF THE PARTIES
8.1 For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties bear the responsibility provided for in this Agreement and the current legislation of Ukraine.
8.2 If the payment of debts is delayed by more than 48 hours from the moment of their occurrence, the Lessor shall charge a penalty in the amount of 2% from the amount of the overdue debt for each day of such delay.
8.3 In the event of a violation by the Employer of the provisions provided for in p. 4.4.7.7 and 4.4.15 of this Agreement, the Hirer shall pay a fine of UAH 500. for each case of such violation.
8.4 In the event of a breach by the Employer of the provisions provided for in p. 4.4.8; 4.4.10; 4.4.17; 4.4.18 of this Agreement, the Hirer pays a fine of UAH 700. for each case of such violation.
8.6 In case of violation by the Lessee of the provisions stipulated in Clause 4.4.16 of this Agreement, the Lessee shall pay a fine of UAH 2,500. for each case of such violation.
8.7. In the event of damage to the electric scooter by the Lessee, the Lessor may charge the Lessee a fee equal to the cost of repairing or replacing the electric vehicle and the damaged equipment.
8.8. In the event that the Lessee moves the electric scooter outside the Use Zone, provided that it has not been returned and not found by the Lessor within 48 hours, the Lessor at its discretion may consider the electric vehicle lost or stolen and may charge the Lessee a fee in the amount of the hryvnia equivalent of 500 (five hundred ) euros for electric transport and file a report with the police regarding the fact of theft committed by the Renter.
8.9 Payment of fines does not release the Lessee from compensation for damages caused to the Lessor.
8.10 The risk of accidental destruction or accidental damage to the electric scooter, from the moment of pressing the "Start trip" button in the "Vevi" Mobile application and until the end of the rental, is borne by the Renter.
8.11 The Tenant shall be held liable for violation of traffic regulations, provided for by the Code of Ukraine on Administrative Offenses. If the payment of the fine for the Lessee was carried out by the Lessor, the Lessee is obliged to reimburse the Lessor for the costs incurred in this connection.
8.12 In case of violation by the Lessee of the provisions provided for in clause 4.4.18.1; 4.4.7.4 of this Agreement, the Hirer pays a fine of UAH 1,000. for each case of such violation.
9. GROUNDS AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
9.1 This Agreement may be terminated before its expiration by the consent of the Parties or at the initiative of one of the Parties expressed in a form understandable by both Parties.
9.2 This Agreement may be terminated prematurely in a unilateral out-of-court procedure at the initiative of the Lessor on the following grounds:
9.2.1 In case of repeated (two or more times) violation by the Hirer of traffic rules while using the electric scooter;
9.2.2 If the Lessee repeatedly (two or more times) violates the rules for parking an electric scooter;
9.2.3 Upon establishing the fact that the Lessee has caused damage to the Lessor's electric scooter;
9.2.4 When establishing the fact that the Hirer uses technical means that block the GPS signal, as well as other methods of disabling protective systems or control systems installed on electric scooters.
9.3 In the case of early termination of the Agreement at the initiative of the Lessor, the Agreement is considered terminated from the moment of notification of this to the Lessor through the "Vevi" Mobile application.
9.4 This Agreement may be terminated early in a unilateral out-of-court procedure at the initiative of the Hirer, in the event that he sends a request to remove him as a user, provided that there is no debt owed to the Lessor, fines and other payments provided for in this Agreement.
9.5 The user's deletion request is sent by the Employer to the Employer's e-mail — support@vevi.com.ua or via the "Delete" button in the Profile menu in the "Vevi" mobile application.
9.6 In the case of termination of the Agreement at the initiative of the Hirer, in the absence of debt, the Agreement is considered terminated after the expiry of 10 calendar days from the date of sending by the Hirer a request to delete the user. If the Lessee has arrears, the Agreement is considered terminated after 10 calendar days have elapsed from the date of full repayment by the Lessee of the arrears for rental payments, fines and other payments provided for in this Agreement. On the day of termination of the Agreement, the Lessor deletes the account of the Lessee.
9.7 The termination of the Agreement does not release the Lessee from the obligation to pay rental payments, fines and other payments under the Agreement, nor does it release from responsibility for violation of the terms of the Agreement.
10. CONSENT OF THE EMPLOYER TO THE PROCESSING OF HIS PERSONAL DATA
10.1 As part of this Agreement, the Hirer provides the Lessor with his personal data. The Lessor has the right to check the information provided by the Lessee.
10.2 Upon acceptance of this Agreement, the Hirer gives his consent to the processing of his personal data. This consent applies to the following actions with personal data: collection; record; systematization; accumulation; storage; clarification (update, change); using; transfer; locking; removal; destruction; as well as other use by the Lessor of the personal data provided to him.
10.3 The lessee gives his consent to the mailing of advertisements and information of an advertising nature about the lessor, about the services provided by him, about promotions and about partners.
10.4 The hirer guarantees the validity of all personal data provided by him.
10.6 The employer has the right to request the deletion of personal data by deleting the account. The deletion of personal data is carried out within 10 calendar days after the Lessor receives a request to delete a user.
11. FORCE MAJEURE
11.1 The Parties are released from responsibility for partial or complete non-fulfillment of obligations under the Agreement, if such non-fulfillment was the result of force majeure circumstances that the Parties could not foresee at the time of concluding the Agreement.
11.2 If any of the circumstances of force majeure affected the fulfillment of obligations within the period established by the Agreement, then this period is proportionally moved to the time of force majeure. If the specified period exceeds three months, each of the Parties has the right to refuse to perform the Agreement unilaterally out of court, by notifying the other Party of the Agreement in writing using the "Vevi" Mobile application or e-mail.
11.3 In the event of the occurrence of force majeure circumstances, the Party for which it is impossible to fulfill the obligations under the Agreement is obliged to notify the other Party of the occurrence of these circumstances within 3 (three) days.
11.4 The Party that has not fulfilled its obligation to notify the other Party of the occurrence of force majeure circumstances within the period specified in clause 11.3, and has not documented their occurrence, loses the right to refer to these circumstances as a basis for exemption from responsibility for improper performance of the Agreement .
12. DURATION OF THE AGREEMENT
12.1 The Agreement enters into force from the moment of acceptance of the offer in accordance with the procedure provided for in this Agreement.
12.2 The Agreement shall cease to be effective after the Tenant has performed the actions provided for in Clause 7.2 of the Agreement.
13. OTHER TERMS OF THE AGREEMENT
13.1 Issues that are not regulated by this Agreement are regulated by the current legislation of Ukraine.
13.2 The parties have agreed that, in the event of a dispute, they are obliged to follow the pre-trial (claim) dispute settlement procedure before going to court. In such a situation, one Party under the Agreement, within 7 (seven) calendar days from the date of occurrence of the disputed situation, must send a written Claim to the other Party using the "Vevi" Mobile application, by e-mail or at the address specified when concluding the Agreement. The written Claim must be accompanied by documents (scanned copies of them) and (or) photos that substantiate the Party's claims. The party that received the Claim is obliged to give a reasoned written answer to it within 7 (seven) calendar days. A written response to the Claim is sent using the "Vevi" Mobile application or to the email address specified when concluding the Agreement. Documents (scans thereof) and/or photographs justifying the given response must be attached to the response to the Claim.
13.3 In the event of not receiving an answer to the Claim in accordance with clause 13.2. The term of the contract, or disagreement with the received answer, the interested Party has the right to apply to the court for the protection of its rights and interests protected by law.
13.4 The parties have agreed that disputes arising from the conclusion, execution, termination of this Agreement shall be considered by the court at the location of the Lessor.
14. DETAILS OF THE LESSOR AND PARTNERS
"VEVI" LIMITED LIABILITY COMPANY ("VEVI" LLC) Code 44884723.
Address: 89421, Transcarpathian region, Uzhgorod district, Storozhnytsia village, str. Victory, building 111-А IBAN: UA773052990000026005013606778
in JSC CB "PRIVATBANK MFO 305299 Director: Viktor Oleksandrovich Zhulkanych
FOP Zhulkanych Viktor Oleksandrovych DRFO code 3359811836 address: 89421, Zakarpattia region, Uzhgorod district, Storozhnytsia village, Peremogy street, building No. 115 y/y UA713052990000026008003603368
FOP Flenko Volodymyr Ilyich
EDRP code 2406202474
Address: Ukraine, 89421, Transcarpathian region, Uzhgorod district, Storozhnytsia village, str. Malinova, building 6
UA943052990000026006033609293
FOP Gyord Vasyl Vasyliovych
Code of EDRP 3472606734
Address: Ukraine, 90412, Transcarpathian region, Khust district, Kryva village,
Building 213, Zadorozhny str
UA783005280000026006455043168
FOP Liliya Olehivna Zhuk
Code of EDRP 3310404524
Address: Ukraine, 79038, Lviv Region, Lviv City, Kashtanova Street, building
1, apartment 2
FOP Verb Anzhelika Serhiivna
Vitaliy Yaroslavovych FOP Glagol
FOP Prytula Kateryna Viktorivna.
FOP Ioanovich Khrystyna Ivanovna
FOP Zhulkanych Yana Mykhailivna
FOP Smits Artem Olehovych
EN
About rendering of services on hire of electric scooters
This Agreement is public, in accordance with Art. Art. 633, 641 of the Civil Code of Ukraine, and its terms are the same for all Lessees, the unconditional acceptance of the terms of which are considered acceptance of this offer by the Lessee, for which the Landlord publishes this Agreement as follows:
Individual entrepreneur Viktor Oleksandrovych Zhulkanych , hereinafter referred to as the “Landlord”, on the one hand, and an able-bodied adult (citizen of Ukraine, foreigner, stateless person) who accepted the offer of this public Agreement on the provision of scooter rental services, hereinafter referred to as “the Lessee”, on the other hand, collectively, the Parties have entered into this public Agreement on the provision of electric scooter rental services (hereinafter – the Agreement) on the following:
1. DEFINITION OF TERMS
Acceptance – response of the natural person to whom the offer to conclude the contract is addressed, about its acceptance (acceptance of the offer);
Non-acceptance write-off of funds – debiting funds from the bank card specified by the Lessee to fulfill the terms of this Agreement. Write-off of funds is carried out without obtaining additional consent from the Lessee, according to the rules and in the manner prescribed by the legislation of Ukraine and this Agreement.
Vevi Mobile Application (hereinafter referred to as Mobile Application; application) – a program provided by the Landlord, which is installed by the Landlord on a mobile device and allows to use the services of the Landlord.
Personal data – any information concerning the Lessee, including his surname, name, patronymic, year, month, date and place of birth, address, passport data, as well as data of another identity document of the Lessee, contact telephone numbers, e-mail, account in the Mobile application; information about the bank card provided by the Lessee upon registration in the Mobile Application, as well as other information that may become known to the Lessor regarding the Lessee upon concluding, performing and terminating this Agreement.
SDA – traffic rules (with all changes and additions), approved by the resolution of the Cabinet of Ministers of Ukraine of October 10, 2001 No. 1306 (with changes and additions).
Rolling – use of the electric scooter in accordance with its intended purpose (personal movement through the city), from the moment of the beginning of use of the electric scooter to the moment of its end, according to the rules defined by this Agreement. In this Agreement, the terms "rental" and "lease" are used interchangeably.
Landlord's Website – http://vevi.com.ua
Public offer – one that contains all the essential terms of the Rental Agreement, the Lessor's proposal to enter into the Agreement on the terms specified therein with any individual who may act as a Lessee under this Agreement. In this Agreement, the terms "Public Offer" and "Offer" are used interchangeably.
Electric scooter – a vehicle provided to the Lessee by the Lessor for temporary use under the Rental Agreement, which is concluded by the Lessee's acceptance of this public Agreement by means of the Vevi application.
Area of use – the territory of the city, marked in the appendix "Vevi" in green, within which the Landlord provides rental services of electric scooters, and within which the Lessee may use the services of the Landlord.
Booking – fixing the electric scooter chosen by the Lessee for this user at the time of booking.
2. SUBJECT OF THE AGREEMENT
2.1 The Landlord transfers the electric scooter to the Lessee for temporary use, and the Lessee accepts the electric scooter for use for consumer purposes (for personal needs), not related to business activities.
2.2 The Lessee may use an electric scooter within the Use Area. Outside the specified Zone, the Lessee will not be able to complete the trip, and therefore, the usage fee will be charged until the Lessee returns to the Usage Area and completes the trip.
3. TERMS AND CONDITIONS OF CONCLUSION OF THE AGREEMENT
3.1 At the time of concluding the contract, the Lessee must have full civil capacity (be of legal age at the time of acceptance of this offer, be aware of the significance of their actions and be able to manage them).
3.2 The Lessee, who wishes to enter into the Agreement, must accept this Offer in electronic form, in the manner prescribed by the Agreement.
3.3 The Agreement is concluded by joining the Lessee to the conditions established by the Agreement as a whole, without any conditions or reservations;
3.4 Acceptance means that the Lessee has read all the provisions of the Agreement, agrees with them and undertakes an unconditional obligation to comply with them.
3.5 Acceptance is considered to be committed by the Lessee provided that he performs the following set of actions:
3.5.1 Completion by the Lessee in full of the questionnaire provided to the Lessee at the time of registration in the "Vevi" service.
3.5.2 acquaint the Lessee in full with the terms of this Agreement, terms of service and Privacy Policy, mark them or click “I agree” when registering in the application “Vevi”, which the Landlord and the Lessee recognize as an analogue of the Lessee's handwritten signature, equal in legal force to the Employer's handwritten signature on paper.
3.6 The Parties agree that in case the Landlord has doubts about the accuracy of the data specified in the Personal Data Questionnaire, when registering in the service "Vevi", he has the right through the Mobile application or otherwise send a request for additional information about the identity of the Employer, including number, photos of the pages of his passport, or other identity document. The parties agreed that in the absence of such additional information that eliminates doubts about the accuracy of the personal data specified in the Questionnaire, the acceptance may be considered unfulfilled, and the Agreement may be considered unconcluded.
3.7 The Lessor is not responsible or has any obligations if the offer is not accepted and the Agreement is not concluded due to the inability to process the information provided by the Lessee for technical reasons.
3.8 By accepting the offer, the Lessee confirms and guarantees that any actions performed in the "Vevi" service under his account are performed personally by the Lessee. All risks associated with the unauthorized use of the Lessee's account or mobile device are borne solely by the Lessee.
3.9 By accepting the offer, the Lessee confirms his consent to the processing of his personal data by the Lessor in accordance with the terms of the Agreement and agrees to the recording of conversations when contacting the Call Center of the Lessor.
4. CONTENT OF THE AGREEMENT
4.1 Obligations of the Landlord:
4.1.1 Provide the Lessee through the Mobile application "Vevi" or by posting on the Landlord's Site full information about the scooter, its technical characteristics, the amount of rent (tariffs), etc., as well as timely post on the Landlord's Website information about changes in the Agreement;
4.1.2 Provide the Lessee with an electric scooter suitable for use for its intended purpose. In this case, the Landlord does not guarantee the serviceability, cleanliness and absence of damage to the electric scooter, if such information was not illegally provided by the previous Lessee. In any case, the Lessee is obliged to make sure that the electric scooter is in good condition before using it;
4.1.3 To bear the costs of maintaining the electric scooter, which arise in connection with its normal operation (except for costs that are directly imposed by the Contract on the Lessee);
4.1.4 Ensure compliance with the requirements of the legislation of Ukraine in obtaining and processing personal data of the Lessee;
4.1.5 Properly perform the obligations arising from this Agreement;
4.2 Rights of the Landlord:
4.2.1 Check the information, including personal data provided by the Lessee during registration in the Mobile Application “Vevi”;
4.2.2 Process the personal data of the Lessee, provided during registration in the Mobile Application "Vevi", as well as received during the conclusion and execution of this Agreement;
4.2.3 Check the debts of the Lessee under this Agreement, as well as under other agreements between the Lessee and the Lessor, if any;
4.2.4 Carry out control over ensuring the safety of the electric scooter, as well as its technical condition, control the compliance of the operation of the electric scooter with the purposes established by this Agreement and the terms of use;
4.2.5 Refuse to enter into an agreement if the Lessee provides inaccurate or incomplete personal data during registration in the Vevi Mobile Application;
4.2.6 Refuse to enter into the Agreement, suspend or terminate it, if the Lessee has a debt arising from this or other Agreements concluded between the Lessee and the Lessor, until such debt is repaid in full, as well as in case of breach by the Lessee terms of this Agreement;
4.2.7 Unilaterally amend this Agreement (including the terms of cost and rental conditions), which shall notify the Lessee by posting the relevant information on the Landlord's Website or in the Mobile Application "Vevi";
4.2.8 In case the Lessee leaves the Zone of use during the rental of an electric scooter, more than 1 kilometer, to declare to law enforcement agencies the fact of theft, as well as to resort to other ways provided by the legislation of Ukraine to protect their rights;
4.2.9 If the Landlord has sufficient grounds to believe that the Lessee is committing fraudulent acts, as well as other acts of dishonest behavior, unilaterally terminate performance under this Agreement by notifying the Lessee through the Mobile Application "Vevi".
4.2.10 Switch the electric scooter to energy saving mode (reduction of speed) in case of reduction of the battery charge below 10%
4.3 Rights of the Lessee: The Lessee has the right to use the electric scooter according to its intended purpose, in the terms, in the order and under the conditions provided by this Agreement.
4.4 Responsibilities of the Employer:
4.4.1 Before using the electric scooter to conduct its external inspection for damage and technical condition;
4.4.2 In case of damage or other defects of the electric scooter before its use, notify the Landlord and send him photos using the Mobile Application "Vevi". If the Lessee has not notified the Landlord of existing damage or other defects of the electric scooter before use, the Lessee pleads guilty to causing damage while using the electric scooter, if such were found by another Lessee or the Landlord in the future.
4.4.3 In the absence of damage and other defects in the electric scooter, to accept the electric scooter for temporary use in the manner prescribed by section 7 of this Agreement;
4.4.4 Use the electric scooter strictly in accordance with its intended purpose.
4.4.5 Operate the electric scooter personally. The lessee has no right to transfer the electric scooter to third parties for free use and/or sublease.
4.4.5.1 The Lessee shall not have the right to transfer the electric scooter to persons who have not reached the age of majority or to incapacitated persons or persons whose legal capacity is limited.
4.4.6 Ensure the preservation of the electric scooter from the moment of commissioning until the end of the rental.
4.4.7 Use the Landlord's property carefully. Take measures to prevent damage to the Landlord's property. In this regard, the Lessee is prohibited from performing a number of actions, in particular, but not exclusively:
4.4.7.1 The Lessee is prohibited from using the electric scooter on uneven surfaces, outside sidewalks and paved paths, moving through any pits, potholes, slides, other irregularities that differ from the main canvas by more than 3 cm, as well as have sharp edges, or other features of the roadway that create additional load for the wheels of the electric scooter, puddles, depth of more than 1 cm, regardless of the possibility of external determination of depth;
4.4.7.2 The lessee is prohibited from using an electric scooter for off-road, rough terrain;
4.4.7.3 The Employer is prohibited from performing acrobatic tricks, jumping, hitting obstacles, curbs, stairs; use an electric scooter in competitions;
4.4.7.4 The lessee is prohibited from using an electric scooter for transportation, towing of goods; to move on the electric scooter to more than one person at the same time, and also to transport children and animals; to move on the electric scooter in excess of total weight (with clothes, a bag, a backpack, etc.) over 100 kg;
4.4.7.5 The Lessee is prohibited to leave the electric scooter after the end of the rental in hard-to-reach places, fasten it to various structures (signs, poles, fences, etc.) or otherwise block the electric scooter;
4.4.7.6 The lessee is prohibited from disassembling the electric scooter or removing any parts from it;
4.4.7.7 The lessee is prohibited to remove stickers, identification numbers, bar codes, as well as to apply inscriptions, stick stickers, apply marks, damage the paintwork of electric scooters, contaminate it (except for normal contamination during use);
4.4.7.8 The Lessee is prohibited from using technology or taking actions that may damage the Landlord's Site, Vevi Mobile Application, electric scooters, or other property of the Landlord;
4.4.7.9 The Employer is prohibited from making any changes to the electric scooter, changing any of its characteristics, improving or deteriorating electric scooters.
4.4.8 Immediately notify the Landlord through the Mobile Application "Vevi" of any damage to the electric scooter received during the rental, disconnection of any of the systems, other malfunctions, traffic accidents involving the electric scooter; malfunction of the Mobile application "Vevi". In such circumstances, the Lessee must stop using the electric scooter, which must inform the Landlord through the Mobile Application “Vevi”;
4.4.9 Take appropriate measures to protect your Vevi account, including your username and password, from unauthorized use by others, and immediately notify the Landlord of relevant information in the event of such use;
4.4.10 The Employer has no right to transfer the data of his account in the service "Vevi" (login, password, etc.) to third parties;
4.4.11 In case the Landlord has doubts about the legality of the use of a registered account, the Landlord has the right to request additional information about the identity of the Lessee, including photos of the pages of his passport or other identity document. The Parties have agreed that in case of failure to respond to the request, the Landlord has the right to suspend, and after three days to terminate this Agreement.
4.4.12 Follow the information updates on the Landlord's Website, as well as in the Mobile Application "Vevi";
4.4.13 Timely, in accordance with the terms of this Agreement to pay rent, pay other payments provided by the Agreement;
4.4.13.1 Timely, in accordance with the terms of this Agreement, to pay in full for the services of electric scooter rental, even if the electric scooter due to low battery mode went into economy mode, or disconnected due to being discharged during the previous rental period by this Lessee;
4.4.14 In case of debiting funds from the Lessee's account in the amount that does not comply with the tariffs, immediately notify the Landlord through the Mobile Application "Vevi", by e-mail or by phone specified on the Landlord's website;
4.4.15 After the end of the use of the electric scooter and termination of the rental, the Lessee is obliged to park the electric scooter within the Use Zone in the bicycle parking lot, and in its absence – on the side of the road or sidewalk, but so that the electric scooter does not obstruct pedestrians or vehicles. The lessee must not allow parking of the electric scooter on tram tracks, on railway tracks or crossings, in tunnels, on overpasses, bridges, overpasses, on pedestrian crossings and closer than 5 m before or after them; on the roadway, near dangerous turns; on the lane for cyclists; at the intersection of roadways and closer than 5 m from the edge of the roadway; closer than 15 meters from the stops of road vehicles or parking of cars.
4.4.16 The electric scooter must be returned to the Lessor in a technically sound condition, without any damage, in the manner prescribed by this Agreement;
4.4.17 When using an electric scooter, the Lessee is obliged to follow the rules of the road and personally bear the responsibility established by the legislation of Ukraine for their violation. In this regard, the Lessee when using an electric scooter, in particular, must: – move on the bike path; – when driving in the dark or in conditions of insufficient visibility, it is necessary to turn on the headlight of the scooter, and it is also recommended to wear objects with reflective elements and ensure the visibility of these elements to other road users.
4.4.18 To prevent the possibility of the Lessee being prosecuted for violating traffic rules, the Lessee is prohibited from: – driving an electric scooter in a state of alcohol, drugs, toxic or other intoxication, as well as refusing to undergo a medical examination at the request of an authorized person; – operate an electric scooter without holding the steering wheel; – go down on an electric scooter in the subway, underpasses, drive inside buildings and structures, in areas with limited access, private areas, etc.;
4.4.19 Do not allow damage to life, health and property of third parties, including other road users. In case of damage with the use of an electric scooter, the Lessee is held liable in the manner prescribed by current legislation of Ukraine.
5. AMOUNT, ORDER AND METHOD OF PAYMENT
5.1 Lease payments, fines and other payments provided for in this Agreement shall be made by non-acceptance debiting of funds from the Lessee's wallet in the "Vevi" application in accordance with the Lessor's tariffs.
5.2 Personal Wallet The Lessee replenishes by redirecting to the payment system website, where the Lessee enters his valid bank card details and fulfills other requirements for replenishing the personal wallet in the "Vevi" service.
5.3 Upon acceptance of this Offer, the Lessee expresses its unconditional consent to the unaccepted write-off of funds from the personal wallet in the "Vevi" service, which are rent payments, fines and other payments provided for in this Agreement.
5.4 For the use of the electric scooter the Lessee pays the Landlord rent in accordance with the tariffs specified in the Mobile application "Vevi" and on the website of the Landlord;
5.5 VAT is not charged on the Landlord's services, as he is not registered as a VAT payer.
5.6 Write-off of funds for the use of the electric scooter is carried out immediately after the termination of the use of the electric scooter (after the trip).
5.7 In case of illegal debiting of funds from the Lessee's wallet in the "Vevi" application, the latter has the right to contact the Landlord at the phone numbers (contacts) listed on the Vevi website (https://Vevi.com.ua /) to return such funds. . Each application of the Lessee is considered by the Lessor within 3 days. To resolve the issue of return of illegally written off funds, the Landlord has the right to make calls and send notifications to the Lessee in order to obtain the necessary information.
5.8. In case the Landlord charges the Lessee a penalty (s), in the absence of sufficient funds in the Lessee's wallet, the Landlord has the right to send an invoice for the relevant amount of the penalty to the Lessee's e-mail address and / or mobile phone number.
6. TERM OF RENTAL OF THE ELECTRIC DAM
6.1 The rental period of the electric scooter is calculated in minutes.
6.2 The period of renting an electric scooter starts from the moment of clicking the “Scan” button in the Mobile application “Vevi” and ends at the moment of the actual end of the rental of the electric scooter by the Lessee by clicking the button “ End the trip” in the Mobile application “Vevi” and, at the request of as a confirmation, photos of the general view of the parked electric scooter through the Mobile application “Vevi”.
6.3 The Lessee shall not have the right to use the electric scooter before the acceptance of this public Contract, as well as after its execution, completion, termination, termination, etc.
7. THE PROCEDURE OF RECEIPT AND TRANSMISSION OF THE ELECTRIC DRIVE
7.1 Reception-transfer of the electric scooter from the Lessor to the Lessee is carried out as follows:
7.1.1 The lessee uses the Vevi Mobile Application to select any free electric scooter on the map. After that, the Lessee with the help of the Mobile application “Vevi” scans the QR code located on the steering wheel of the electric scooter, or opening the corresponding page in the Mobile application “Vevi” manually enters the number of the selected electric scooter . In this case, the Mobile application displays the following information about the electric scooter: location, cost of 1 minute of rental and the cost of unlocking, battery level.
7.1.1.1 The Lessee may use the Vevi Mobile Application to book a specific electric scooter, at the price and for the period specified in the Vevi Mobile Application or on the Landlord's website. The reservation can be canceled by the Lessee through the Vevi Mobile Application.
7.1.1.2 In case of cancellation, as well as in the absence of the fact of the beginning of the rental of the electric scooter by the Lessee at the end of the reservation period – from the Lessee's personal wallet in the Mobile application "Vevi" the booking fee is charged.
7.1.1.3 The Lessor has the right to refuse the Lessee in the reservation in the presence of at least one fact of cancellation or in the absence of the fact of the beginning of the rental of the electric scooter by the Lessee after the reservation period.
7.1.2 At the moment of clicking the “Scan” button in the Mobile application “Vevi”, the Lessee confirms the actual acceptance of the selected electric scooter and the rental prices and other conditions applied to it and from that moment the rental time of a particular electric scooter begins to be calculated.
7.2 Reception-transfer of the electric scooter from the Lessee to the Lessor is carried out as follows:
7.2.1 The Lessee parks the electric scooter in the permitted place within the Area of Use, clicks the “End Trip” button in the Mobile Application “Vevi”, and, at the request of the Landlord, sends a photo of the parked electric scooter via the Mobile Application "Vevi".
7.2.2 The electric scooter rental period ends when the Lessee clicks the “End Trip” button in the “Vevi” Mobile Application. If the Landlord sends a request to the Landlord to send a photo of a parked electric scooter – at the time of sending such photos to the Landlord through the Mobile application “Vevi”. If the Lessee fulfills the procedure of acceptance and transfer of the electric scooter stipulated by the Agreement, the Lessee will receive a confirmation of completion of the rental in the Mobile application "Vevi".
7.2.3 The fact of receipt of services by the Lessee is confirmed by payment by such Lessee of the Lessor's services.
8. RESPONSIBILITY OF THE PARTIES
8.1 For non-performance or improper performance of the terms of this Agreement, the Parties shall be liable under this Agreement and the current legislation of Ukraine.
8.2 In case of overdue payment of debts for more than 48 hours from the moment of their occurrence, the Landlord shall charge a penalty in the amount of 2% of the amount of overdue debts for each day of such delay.
8.3 In case of violation by the Lessee of the provisions provided for in p. 4.4.7.7 and 4.4.15 of this Agreement, the Lessee pays a fine of UAH 500. for each case of such violation.
8.4 In case of violation by the Lessee of the provisions provided for in p. 4.4.8; 4.4.10; 4.4.17; 4.4.18 of this Agreement, the Lessee pays a fine of UAH 700. for each case of such violation.
8.6 In case of violation by the Lessee of the provisions provided for in paragraph 4.4.16 of this Agreement, the Lessee shall pay a fine of UAH 2,500. for each case of such violation.
8.7. In case of damage to the electric scooter by the Lessee, the Lessor may charge the Lessee a fee equal to the cost of repair or replacement of electric vehicles and damaged equipment.
8.8. In case the Lessee moves the electric scooter outside the Area of Use, provided that it has not been returned and found by the Lessor within 48 hours, the Lessor may in its sole discretion consider the electric vehicle lost or stolen and may charge the Lessee a fee equivalent to UAH 500 (five hundred ) euros for electric vehicles and file a complaint with the police regarding the theft committed by the Lessee.
8.9 Payment of penalties does not release the Lessee from compensation for damages caused to the Lessor.
8.10 The risk of accidental destruction or accidental damage to the electric scooter, from the moment of pressing the button "Start of the trip" in the Mobile application "Vevi" until the end of the rental is borne by the Lessee.
8.11 For violation of traffic rules the Lessee is liable under the Code of Ukraine on Administrative Offenses. If the payment of the penalty for the Lessee was made by the Landlord, the Lessee is obliged to reimburse the Landlord for the costs incurred in this connection.
8.12 In case of violation by the Lessee of the provisions provided for in clause 4.4.18.1; 4.4.7.4 of this Agreement, the Lessee pays a fine of UAH 1,000. for each case of such violation.
9. GROUNDS AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
9.1 This Agreement may be terminated before its expiration by agreement of the Parties or at the initiative of one of the Parties expressed in a form understood by both Parties.
9.2 This Agreement may be terminated early unilaterally out of court at the initiative of the Landlord on the following grounds:
9.2.1 In case of repeated (two or more times) violation by the Lessee of the traffic rules during the use of the electric scooter;
9.2.2 In case of repeated (two or more times) violation by the Lessee of the rules of parking of the electric scooter;
9.2.3 In establishing the fact that the Lessee has caused damage to the Lessor's electric scooter;
9.2.4 When establishing the fact of use by the Lessee of technical means blocking the GPS signal, as well as other methods of disabling protective systems or control systems installed on electric scooters.
9.3 In case of early termination of the Agreement at the initiative of the Landlord, the Agreement is considered terminated from the moment of notifying the Lessee through the Mobile Application "Vevi".
9.4 This Agreement may be terminated unilaterally out of court at the initiative of the Lessee, if he sends a request to remove him as a user, provided there is no debt to the Landlord, fines and other payments provided for in this Agreement.
9.5 The request to remove the user is sent by the Employer to the e-mail of the Landlord – support@vevi.com.ua or via the “Delete” button in the Profile menu in the mobile application “Vevi”.
9.6 In case of termination of the Agreement at the initiative of the Lessee, in the absence of debt, the Agreement is considered terminated after the expiration of 10 calendar days from the date of the Lessee's request to remove the user. If the Lessee has debts, the Agreement is considered terminated after the expiration of 10 calendar days from the date of full repayment by the Lessee of arrears of rent, fines and other payments provided for in this Agreement. On the day of termination of the Agreement, the Landlord deletes the Lessee's account.
9.7 Termination of the Agreement does not release the Lessee from the obligation to pay rent, fines and other payments under the Agreement, as well as does not release from liability for breach of the terms of the Agreement.
10. CONSENT OF THE EMPLOYER FOR THE PROCESSING OF HIS PERSONAL DATA
10.1 Under this Agreement, the Lessee provides the Lessor with his personal data. The Landlord has the right to verify the information provided by the Lessee.
10.2 Upon acceptance of this Agreement, the Lessee agrees to the processing of his personal data. This consent applies to the following actions with personal data: collection; record; systematization; accumulation; storage; clarification (update, change); using; transfer; locking; removal; destruction; as well as other use by the Landlord of personal data provided to him.
10.3 The Lessee agrees to the distribution of advertising and advertising information about the Lessor, the services provided by him, the promotions and partners.
10.4 The Employer guarantees the validity of all personal data specified by him.
10.6 The Employer has the right to request the deletion of personal data by deleting the account. Deletion of personal data is carried out within 10 calendar days after the Landlord receives a request to delete the user.
11. FORCE MAJOR
11.1 The Parties shall be released from liability for partial or complete non-fulfillment of obligations under the Agreement, if such non-fulfillment of obligations was the result of force majeure circumstances which the Parties could not foresee at the time of concluding the Agreement.
11.2 If any of the force majeure circumstances has affected the fulfillment of obligations within the period established by the Agreement, this term shall be proportionally moved to the duration of the force majeure circumstance. If the specified period exceeds three months, each of the Parties has the right to withdraw from the Agreement unilaterally out of court, notifying the other Party in writing using the Mobile application "Vevi" or e-mail.
11.3 In case of force majeure, the Party, for which it is impossible to fulfill the obligations under the Agreement, is obliged to notify the other Party within 3 (three) days of the occurrence of these circumstances.
11.4 A Party that has not fulfilled its obligation to notify the other Party of the occurrence of force majeure within the period specified in paragraph 11.3, and has not documented their occurrence, loses the right to refer to these circumstances as a basis for exemption from liability for improper performance of the Agreement. .
12. TERM OF THE AGREEMENT
12.1 The Agreement shall enter into force upon acceptance of the offer in the manner prescribed by this Agreement.
12.2 The Agreement terminates after the Lessee performs the actions provided for in clause 7.2 of the Agreement.
13. OTHER TERMS OF THE AGREEMENT
13.1 Issues that are not regulated by this Agreement are regulated by the current legislation of Ukraine.
13.2 The parties have agreed that, in the event of a dispute, they are obliged to comply with the pre-trial (claim) procedure for settling the dispute before applying to the court. In such a situation, one Party under the Agreement, within 7 (seven) calendar days from the date of the dispute must send the other Party a written Complaint using the Mobile application "Vevi", by e-mail or at the address specified in the Agreement. The written Claim must be accompanied by documents (scanned copies) and (or) photographs, which substantiate the requirements of the Party. The party who received the Claim is obliged to give a reasoned written response within 7 (seven) calendar days. A written response to the Complaint is sent using the Mobile Application "Vevi" or to the e-mail address specified when concluding the Agreement.
13.3 In case of non-receipt of the answer to the Claim in the established item 13.2. The term of the agreement, or disagreement with the received answer, the interested Party has the right to address for protection of the rights and the interests protected by the law to the court.
13.4 The Parties have agreed that the consideration of disputes arising from the conclusion, execution, termination of this Agreement, is carried out by the court at the location of the Landlord.
14. DETAILS OF THE LESSOR
LIMITED LIABILITY COMPANY “VEVI”, (“VEVI LLC”) Code 44884723.
Address: Ukraine, 89421, Zakarpattia region, Storozhnytsya, Vul. Peremohy, 111
IBAN: UA773052990000026005013606778
in JSC CB "PRIVATBANK MFO 305299
Director Zhulkanych Viktor Oleksandrovych
FOP Zhulkanych Viktor Oleksandrovych DRFO code 3359811836 address: 89421, Zakarpattia region, Uzhgorod district, Storozhnytsia village, Peremogy street, building No. 115 y/y UA713052990000026008003603368
FOP Flenko Volodymyr Ilyich
EDRP code 2406202474
Address: Ukraine, 89421, Transcarpathian region, Uzhgorod district, Storozhnytsia village, str. Malinova, building 6
UA943052990000026006033609293
FOP Gyord Vasyl Vasyliovych
Code of EDRP 3472606734
Address: Ukraine, 90412, Transcarpathian region, Khust district, Kryva village,
Building 213, Zadorozhny str
UA783005280000026006455043168
FOP Liliya Olehivna Zhuk
Code of EDRP 3310404524
Address: Ukraine, 79038, Lviv Region, Lviv City, Kashtanova Street, building
1, apartment 2
FOP Verb Anzhelika Serhiivna
FOP Glagola Vitaliy Yaroslavovych
FOP Prytula Kateryna Viktorivna.
FOP Ioanovich Khrystyna Ivanovna
FOP Zhulkanych Yana Mykhailivna
FOP Smits Artem Olekhovych