GENERAL TERMS AND CONDITIONS OF DIGITAL CAR RENTAL

Effective from 01.05.2024

Please download the PDF version of the General Terms and Conditions on your device here.

These terms and conditions (hereinafter the “General Terms and Conditions“) are entered into between the motor vehicle rental company Mobire Eesti AS (registration code 10814092, with its registered office at Mäealuse street 2/3, 12618 Tallinn, Estonia) and the user of the motor vehicle, whether a natural or legal person, and are valid in relation to: (1) the conclusion of a primary agreement upon registration as a user (hereinafter the “Rental Agreement“); (2) the provision of the short term rental service of motor vehicles provided via Mobire’s digital channels and physical location; and (3) the use of the online platform, consisting of a mobile app for the purpose of obtaining the rental service. By accepting the General Terms and Conditions, you confirm your agreement to the applicable content of the Rental Agreement.

The contact details of the Lessor are as follows: (1) Location address: Mäealuse 2/3, 12618 Tallinn, Estonia; (2) e-mail: rent@mobire.ee (3) On the web: the chat function on the website.

The following documents are integral parts of the Rental Agreement: The Rental Agreement itself, the General Terms and Conditions, the Price List, the Vehicle Recovery Procedure following a Damage Event (hereinafter the “Vehicle Recovery Procedure“), the Privacy Policy, and any other annexes to the Rental Agreement, as well as the instructions published or referenced by the Lessor on the Mobire’s Website www.mobire.ee (hereinafter the “Website”) or the app.

1. OVERVIEW

1.1. On the basis of the present Rental Agreement Mobire Eesti AS, registration code 10814092, with its registered office at Mäealuse street 2/3, 12618 Tallinn, Estonia (hereinafter referred to as the “Lessor” or “Rental Provider”), grants the use of a motor vehicle (hereinafter the “Vehicle“) to a natural person or a legal entity through a representative (hereinafter the “User“) under the terms and conditions set out in the Rental Agreement for a fee and for a limited period.

1.2. The User can rent a Vehicle and enter into a Rental Agreement through the application created for this purpose (hereinafter the “Application” or “App”) or by visiting the physical location of the Lessor. To use the App, the User must create a digital account through which the User can carry out the transactions and operations agreed in the Rental Agreement (hereinafter the “Account“).

1.3. In case of renting a Vehicle at the Lessor’s location, the Rental Agreement is deemed to have been concluded from the moment the Rental Agreement is signed by the Lessor and the User. If the User signs the Rental Agreement digitally, the Lessor and the User shall, upon delivery of the Vehicle on the spot, additionally sign an addendum to the Rental Agreement (hereinafter referred to as the “Deed of Transfer“), stating the details of the Vehicle to be transferred and its condition at the time of delivery of the Vehicle to the User. In the event of the rental of a Vehicle through the App, the Rental Agreement between the Lessor and the User shall be deemed to be concluded upon the creation of the Account and the User’s acceptance of the General Terms and Conditions.

1.4. The User shall pay the Lessor a service fee for the use of the Vehicle (hereinafter the “Rent“), shall use the Vehicle in responsible manner and with reasonable care in accordance with the terms and conditions set out in the Rental Agreement and shall return the Vehicle to the Lessor at the expiry of the term agreed in the Rental Agreement (hereinafter the “Rental Period“) in accordance with the terms and conditions of the Rental Agreement. The User shall pay the Rent for the Rental Period regardless of not using the Vehicle during agreed Rental Period. Rental Period shall be calculated from completing the booking of the Vehicle through the App or handing the Vehicle over to the User at the Service Provider’s location until returning the Vehicle to agreed location.

1.5. The User shall pay the Rent and other charges for the use of the Vehicle in accordance with the Lessor’s price list (hereinafter the “Price List“) if applicable. The Rent shall be calculated as a daily rate for each day of the Rental Period commencing, with the first daily rate being calculated from the moment the Vehicle is booked. In addition to the Rent, the User shall also be liable for any other fees agreed in the Rental Agreement and any other fees not agreed in the Rental Agreement but rising and applicable for the use of the Vehicle.

1.6. The Lessor will provide the User with services under the Rental Agreement using the service points locations that are available on the Lessor’s Website and the App (the “Service Points“), or other location agreed through the App, if the App so allows. The Lessor may unilaterally change the locations of the Service Points in accordance with the development of the Service or for other reasons. The User may only book a Vehicle at a Service Point, or other location agreed via the App, and undertakes to return the Vehicle either to the same Rental Provider Service Point or to the location agreed in the App or the Rental Agreement.

1.7. Vehicles for hire will be displayed by the Lessor on its digital channels. Whereby the Lessor has the right to display the Vehicles available for rent by class based on similar parameters. The Lessor is under no obligation to provide the User with a specific make and model and may offer a Vehicle of the same class or similar parameters as the requested Vehicle. The Lessor reserves the unilateral right to reject renting the Vehicle out to the User.

1.8. The Vehicle includes all movable property at the beginning of the Rental Period, including the Vehicle’s heirlooms and its essential parts. The Vehicle must be in the legal possession of the Lessor with the right to rent it in accordance with the terms of the Rental Agreement but need not be owned by the Lessor.

2. CREATING AN ACCOUNT AND USE OF THE APP

2.1. To use the Lessor’s online rental service, the User must download the Lessor’s App and create a user account.

2.2. By entering into a Rental Agreement via the App, the User must confirm that one has read the General Terms and Conditions and the Privacy Policy. When entering into a Rental Agreement at the Lessor’s premises, the User must confirm that one has read the General Terms and Conditions and the Privacy Policy and download the General Terms and Conditions in PDF format from the Lessor’s Website.

2.3. Right to create an Account is limited to a person who has had a valid right to drive a Vehicle of the relevant category for at least two (2) years and whose right to drive a Vehicle is valid at the time of creating the Account. The User undertakes to confirm this fact to the Lessor when creating the Account and to upload to the Lessor, via the App, a valid document proving the right to drive and, at the request of the Lessor, an ID card or passport. The Lessor reserves the right to require the User at any time to provide further proof of driving entitlement in the manner requested by the Lessor.

2.4. To create an Account, the User must provide to the Lessor the truthful information required through the App, including linking the Account to a valid credit or debit card (hereinafter the “Payment Card“) or any other payment method made available by the Lessor through the App for the purpose of making Rent payments. Among other things, the User undertakes to disclose the following to the Lessor: (1) complete and accurate personal data; (2) complete and accurate Payment Card data; (3) User’s contact details (telephone, e-mail address, home address); (4) a realtime photo of the User’s face (selfie).

2.5. If the User fails to provide the Lessor with the information required under the Application, the Lessor is not obliged to open an Account for the User.

2.6. If the Vehicle is also used by another natural person under the Rental Agreement (hereinafter the “Co-User“), the User undertakes to ensure that the Co-User installs the App and creates an Account in accordance with the procedures set out in clauses 2.1. to 2.5. and discloses to the Lessor all information that the User is required to disclose to the Lessor, except information relating to the linking of the User’s Account to a valid credit or debit card or any other payment method enabled by the Lessor through the App.

2.7. The User has the right to register only one Account with one phone number, which entitles the User to use the Vehicle only by the natural person who has registered the Account and who meets the requirements set out in clause 2.3. personally, and as the actual driver of the Vehicle. The User is prohibited from using the App through a shadow or spare account. The User is prohibited from enabling third parties to use the Application or the Account in any way, including by disclosing the login details of the Account.

2.8. During the term of the Rental Agreement, the Lessor grants to the User a personal, nontransferable, revocable (non-exclusive), non-sublicensable right to install the App on the User’s Device and/or to use the App on the User’s Device and to access information accessible through the App, including Account Data, intended solely for the User’s use.

2.9. All intellectual property rights that may be related to the App, including software, documentation or information, belong to the Lessor, which the Lessor may develop, inter alia, during the provision of the Information Society Services under the Service. The User is prohibited from copying, modifying, adapting, reverse engineering, decompiling or in any other way identifying the source code of the Application or of any other software used by the Lessor or extracting or using them for commercial purposes or for any purposes other than the provision of the Services by the Lessor under the Rental Agreement.

2.10. The Lessor provides the User with the use of the Application “as is”, i.e., the Lessor does not make any representations or warranties to the User or in connection with the use of the Application, nor does the Lessor make any representations regarding the quality of the Application, including the absence of any apparent or latent defects in the Application, its fitness for a particular purpose or, and is under no obligation to modify, supplement or improve the Application at the request of the User.

2.11. The User is responsible for the security of the Account and the confidentiality of the User’s login details. The User must not allow third parties to have access to the User Account. The User undertakes to inform the Lessor immediately of any misuse of the Account so that the Lessor can block the Account, including if: (1) a third party have gained unauthorised access to the Account or uses the Account in any other way without required authorisation; (2) smartphone or any other technical device that enables to use the Application goes missing or will be destroyed; (3) data that enables to use the Account in authorised way shall be lost or exposed to third parties; (4) The User have lost due to any other reason the control over the use of the Account, including viruses in the technical device.

2.12. The Lessor has the right to terminate the User’s Account at any time if: The Lessor has a reason to doubt of the correctness and validity of the information provided by the User; (2) the User has previously breached the terms of the Rental Agreement; or (3) the User is in arrears with any payment due under the Rental Agreement.

2.13. The Lessor undertakes to ensure the responsible use of the Application and the Account. The Lessor shall not be liable for any damages if the use of the Application or the Account is temporarily unavailable due to technical failures or service interruptions by third parties.

3. BOOKING AND RETURNING THE VEHICLE

3.1. The User must book the Vehicle on the Lessor’s Website, App or at Service Provider’s location to be entitled to start using the Vehicle. When the Vehicle is booked via the App or the Website, the Service Point, the Vehicle and the time at which the User can take possession of the Vehicle from the Service Point, as well as the Rental Period, are agreed online. If the User is renting the Vehicle from the Lessor’s premises, the Lessor will hand over the Vehicle in good order, together with the documents and keys required for its use, to the User at the Lessor’s premises between 09:00 and 17:00 on a working day at the agreed time.

3.2. The Vehicle shall be returned by the User to the location agreed on the Lessor’s Website or in the App no later than the end of the agreed Rental Period. The Rent for the use of the Vehicle during the Rental Period is set out in the Lessor’s Price List and is visible on the App and/or the Lessor’s Website. Unless otherwise agreed between the Lessor and the User, the Vehicle rented from the Lessor’s location must be returned to the Lessor’s location on a working day at the agreed time between 09:00 and 17:00.

3.3. The Lessor is under no obligation to hand over the Vehicle at its premises or to accept the return of the Vehicle on holidays and outside the period specified in the Rental Agreement.

3.4. After agreeing to the use of the Vehicle during the Rental Period in the App, the User shall not be entitled to unilaterally withdraw from such declaration of intent without the Lessor’s consent and the Lessor shall be entitled to demand payment of the agreed Rent or contractual penalty.

3.5. If the User has not commenced use of the Vehicle booked through the App no later than two (2) hours from the beginning of the Rental Period, the Lessor shall be entitled to charge the User a contractual penalty in accordance with the Price List and the Rental Period shall be deemed to have ended.

3.6. At the beginning of the Rental Period, the User undertakes to immediately check the following before start using the Vehicle: (1) no visible external damage to the Vehicle or, if found, to take a picture of the damage via the App, note its location on the Vehicle diagram in the App and describe it in the appropriate field in the App; (2) none of the warning lights on the Vehicle give a danger signal that may restrict or prevent use of the Vehicle (low oil level, worn brakes, etc.); (3) the Vehicle has all its tyres inflated and is in a technical condition which, on external inspection, allows the Vehicle to be used in accordance with the requirements of the Road Traffic Act; (4) the Vehicle is accompanied by all the documents necessary for the use of the Vehicle; (5) the Vehicle’s fuel tank is full, except in the case of electric Vehicles; (6) the Vehicle is accompanied by all the accessories that go with the Vehicle (7) The Vehicle ignition starts and does not make any abnormal sounds when manoeuvring or braking with the Vehicle when driving.

3.7. If the User identifies any defects in the Vehicle of which the Lessor has not previously informed the User through the App or otherwise, the User undertakes to notify the Lessor through the App or other contacts without delay. If at the beginning of the Rental Period the User fails to inform the Lessor of any defects in the Vehicle upon taking possession of the Vehicle, the defects shall be deemed to be the fault of the User until the User proves the contrary to the Lessor in an objectively plausible manner.

3.8. When the Vehicle is handed over to the User at the Lessor’s premises, the User must inspect the Vehicle upon delivery. The condition of the Vehicle, including any visible damage and any other matters of importance in the context of renting the Vehicle, found during the inspection shall be recorded on the spot in the Rental Agreement. By signing the Rental Agreement, the User confirms that he has inspected the Vehicle, that the Vehicle is in good technical condition, that the details stated in the Rental Agreement are correct and that the possession of and liability for loss of or damage to the Vehicle and for damage to the Vehicle as a major source of risk have been transferred to the User.

3.9. The possession of the Vehicle, the risk of accidental destruction and liability in respect of the Vehicle, including liability for damage caused by the Vehicle as a major source of danger, shall pass from the Lessor to the User upon the User’s taking direct possession of the Vehicle. From that time, the User shall also be liable for the loss of the Vehicle, its parts or accessories, as well as for damage to, destruction or loss of third-party property in the Vehicle.

3.10. At the end of the Rental Period, the User must return the Vehicle to the Service Point or the Rental Provider’s location agreed via the App, if the Vehicle has been rented from there. When returning the Vehicle, the User undertakes to ensure that: (1) The Vehicle is parked on the territory of the Service Point or Rental Provider’s location; (2) The Vehicle is parked according to the applicable traffic regulations; (3) The Vehicle’s position on the parking are do not endanger other vehicles; (4) all movable property belonging to the User is removed from the Vehicle; (5) the Vehicle is locked, with all the windows closed; (6) the Vehicle has all of its belongings in the Vehicle in the designated places that were in the Vehicle at the beginning of the Rental Period, including documents related to the Vehicle; (7) The Vehicle is in a condition consistent with fair use, i.e. in a condition no worse than the condition of the Vehicle at the commencement of the Rental Period, taking into account normal wear and tear; (8) The Vehicle is fuelled with suitable fuel until it is fully charged and, in the case of a Vehicle with an electric motor, plugged into the mains electricity supply at the Service Point for charging the Vehicle. In the event of a breach of the obligations set out in this clause, the User undertakes to pay to the Lessor the surcharge and contractual penalties in accordance with the Lessor’s Price List.

3.11. When returning the Vehicle to the Lessor’s premises, the Lessor will carry out an initial onsite inspection of the Vehicle before taking over the possession of the Vehicle. The condition of the Vehicle at the time of return shall be recorded in the Rental Agreement.

3.12. The Lessor has the right, after the return of the Vehicle, to submit a claim to the User regarding the technical condition of the Vehicle up to seven (7) working days after the return of the Vehicle. In the event of a dispute, the Parties shall base the determination of normal wear and tear of the Vehicle on the “Instructions for Determining Normal and Abnormal Wear and Tear of Vehicles” of the Association of Motor Vehicle Sales and Service Companies of Estonia (AMTEL) in force at the time of return of the Vehicle.

3.13. If the User wishes to return the Vehicle before or after the end of the agreed Rental Period, the User undertakes to inform the Lessor through the App or the Lessor’s contact details in case of renting the Vehicle from the Lessor’s location and pay the additional fee in accordance with the Price List.

3.14. If the User has not returned the Vehicle to the Lessor, no later than three (3) hours after the end of the agreed Rental Period and has not informed the Lessor of wishes to extend the Rental Period, the Lessor has the right to block the use and take over the possession of the Vehicle.

3.15. In the event of breach of the Rental Agreement, including failure to return the Vehicle no later than six (6) hours after the end of the Rental Period, the User is obliged to surrender possession of the Vehicle to the Lessor, or a third party authorised by the Lessor upon the Lessor’s first request. If the User fails to surrender possession of the Vehicle to the Lessor within the time specified by the Lessor, the Lessor shall be entitled to enter the Vehicle, move the Vehicle to a location of the Lessor’s choice and keep possession of the Vehicle until the breach is remedied or the Rental Agreement expires. If the User fails to comply with the requirement to surrender possession of the Vehicle and the Lessor exercises its right to take possession of the Vehicle itself, the User shall be liable to compensate the Lessor for any damage caused by the breach of obligations and to pay the Lessor the fee in accordance with the Lessor’s Price List.

3.16. In the event of any defects or latent defects in the Vehicle which are discovered or concealed at the time of return, the User shall be liable to reimburse the Lessor for the cost of remedying the defect(s) based on an estimate provided by the Vehicle manufacturer’s official agent or servicing contractor. The Lessor shall have the right to make a claim for reimbursement within seven (7) working days of becoming aware of the latent defect.

4. USE OF THE VEHICLE

4.1. The User must use the Vehicle in a prudent, careful and economical manner. The User must use the Vehicle according to the limitation provided in the technical documentation of the Vehicle, the technical maintenance rules, the instructions and conditions of the Vehicle manufacturer and/or the Lessor and the Rental Agreement.

4.2. The User must comply with the average mileage limit for the Rental Period (hereinafter the “Mileage Limit“) throughout the Rental Period. The User is aware that the average daily Mileage
Limit for the Vehicle during the Rental Period is two hundred (200) kilometres. If the User breaches the requirement to comply with the Mileage Limit, the Lessor shall be entitled to charge the User a contractual penalty for exceeding the Mileage Limit in accordance with the Lessor’s Price List. The contractual penalty shall be applicable for each kilometre that is exceeding the agreed Mileage Limit.

4.3. During the Rental Period, the User is responsible for the timely performance of the scheduled maintenance of the Vehicle if the Rental Period of the Vehicle is longer than 30 days and the
scheduled maintenance of the Vehicle is scheduled within the Rental Period.

4.4. If the User disregards the maintenance notice displayed on the Vehicle and breaches the obligation
to perform maintenance on the Vehicle under clause 4.3. of the Rental Agreement, the User is liable to pay a contractual penalty in accordance with the Price List.

4.5. It is forbidden to modify the Vehicle in any way, including by tampering with the electronic hardware device installed on the Vehicle that secures the Vehicle and allows it to be digitally
rented, including unlocking and locking it, and records the location of the Vehicle, the mileage of the Vehicle, the time of use of the Vehicle, fuel consumption and other data and transmits them
to the Lessor.

4.6. The User expressly declares and confirms, on behalf of himself and on behalf of the Co-Users, and unconditionally and irrevocably agrees that the Lessor shall have the right, at its sole discretion, to use appropriate technical devices and solutions for the purpose of monitoring in real time the location of the Vehicle, the mileage of the Vehicle, the time of use of the Vehicle, the speed of the Vehicle, the fuel consumption and any other data related to the Vehicle. Data relating to the use of the Vehicle, including processing in accordance with the requirements of the relevant legislation.

4.7. The User may use the Vehicle only within the territory of the Republic of Estonia, unless otherwise agreed through the App or in the Rental Agreement. In no case may the Vehicle be used outside the countries of the European Union and the European Economic Area and outside the Swiss Confederation. If the Vehicle User uses the Vehicle outside the area mentioned in this claus without the Lessor’s written consent, i.e. without purchasing a corresponding service from the App, the Lessor is entitled to charge the User a contractual fee for each day spent outside the
agreed area without consent, in accordance with the Lessor’s Price List.

4.8. The User is not entitled to use the Vehicle: (1) as a training or operational vehicle, for rallies, as a test and racing vehicle, as a security company vehicle or as a vehicle for hire or rental, or for any other unspecified paid service; (2) for the transport of more persons than permitted in the registration certificate or the technical conditions; (3) for the transport of more cargo than
permitted in the registration certificate or the technical conditions; (4) for the transport of other vehicles (except for the transport of more persons than permitted in the registration certificate or the technical conditions); (5) for driving on terrain or roads not intended for the Vehicle; (6) for the carriage of goods which are not properly secured; (7) for the carriage of goods/objects with odour which damages the Vehicle or makes it impossible to re-rent the Vehicle immediately; (8) in contravention of traffic regulations and other applicable rules and for illegal activities.

4.9. When using the Vehicle, the User must: (1) be at least 21 years of age and hold a valid driving licence and have at least 2 years driving experience; (2) comply with all requirements of Road
Traffic Act and other applicable traffic regulations and if the User loses the right to drive a motor vehicle, the User undertakes to immediately stop using the Vehicle; (3) to refuel the Vehicle only with the liquid fuel (petrol or diesel) appropriate to the Vehicle sold at petrol stations operated by undertakings licensed to retail liquid fuel in the respective country the Vehicle is used or, in case of electric cars, to charge the Vehicle only in accordance with the requirements of the Vehicle’s technical documentation; (4) When driving the Vehicle, drive attentively, carefully, courteously and in a safe manner, respecting other drivers and persons, taking all precautions and without endangering the safety of the Vehicle, other drivers, persons or their property and the
environment; (5) not to be under the influence of alcohol to any extent (0.00 per mil) or under the influence of drugs or psychotropic substances or otherwise in a state of mind which, according to traffic regulations, does not permit the Vehicle to be driven; (6) use the Vehicle only for its intended purpose. The User shall not carry in the Vehicle any explosive, flammable, toxic or noxious substance or any substance harmful to human life or health, or use any heating appliance, open flame or other source of fire in or near the Vehicle; (7) not carry animals other than pets solely in designated transport cages which the User undertakes to install properly in the Vehicle, if necessary, in such a way as to prevent damage to the Vehicle by the pet or the means of transport used to carry the pet; (8) avoid smoking in or near the Vehicle or permit passengers to do so (this includes the use of electronic cigarettes, hookah pipes, etc.); (9) protect the Vehicle from any unlawful possession; (10) transport children only in booster/safety seats. (11) make every effort to prevent third parties from exercising their statutory lien against the Vehicle, including by immediately informing all such persons that the User does not own the Vehicle and taking all steps to prevent exercise any lien on the Vehicle; (12) use the property in the Vehicle in a prudent manner and take the necessary measures to ensure the safety of the Vehicle, including locking the Vehicle, closing the windows, turning off the lights and music equipment whenever the Vehicle is stopped or parked; (13) notify the Lessor immediately of any damage to the Vehicle, including damage resulting from violence, a traffic accident or any kind of soiling, and of any impediment to the operation and use of the Vehicle which may arise as a result of which, at the end of the Rental Period, the Vehicle may not comply with the conditions agreed in the Rental Agreement.

4.10. The Lessor has the right to prevent the User from using the Vehicle at any time, including locking the Vehicle, if the Lessor has reasonable grounds to suspect that the User has committed a material breach of the terms of the Vehicle or the Rental Agreement or the Vehicle is not in the possession of a person authorised under the Rental Agreement.

5. USER’S OBLIGATIONS AND LIABILITY IN THE EVENT OF DAMAGE

5.1. In the event of a traffic accident, an accident, theft of the Vehicle and/or its parts, injury and/or any other damage to the Vehicle, the User is obliged to ensure that: (1) the damage and any
relevant information (including contact details of witnesses) is documented and the damage is reported as soon as possible, but not later than within 24 hours, to the Lessor’s service centre by
calling +372 638 8000 or 13 500 in Estonia, and the damage is reported in accordance with the instructions given by the Lessor. The notification shall be made either to the Lessor or to the
insurer(s), as the case may be; (2) The User shall take all measures to limit further damage to the passengers and their property, the Vehicle and its contents and to prevent any further damage; (3) The User shall act in accordance with the procedure laid down in the legislation and, depending on the nature of the damage, shall immediately inform the police, the emergency services or any other competent authority carrying out the relevant rescue operations or investigation of the circumstances of the damage; (4) The Vehicle shall remain in its post-injury condition pending
inspection by the Lessor or the maintenance contractor, and the User, Co-user and/or the representative of the Legal Entity shall not leave the Vehicle until all obligations under the Rental
Agreement in relation to the incident have been duly fulfilled; (5) The Lessor will be asked for instructions on how to minimise the damage, keep and maintain the Vehicle in its post-damage
condition, and the instructions received will be followed; (6) In the event of windshield damage, the Lessor will be notified at the earliest opportunity by calling the service centre on +372 638
8000 or the Estonian short number 13 500 or by e-mail.

5.2. Damages caused by a traffic accident, or the wrongful act of a third party shall be borne by the User to the extent not covered by insurance or by the Lessor under the Vehicle Recovery Policy (including the deductible). If the insurance company refuses to pay the insurance indemnity, or the Vehicle Restoration Procedure excludes the restoration of the Vehicle at the expense of the Lessor, the User undertakes to reimburse the Lessor for all damages incurred.

5.3. The amount of the deductible is stated in the Rental Agreement. The deductible shall apply to each claim. Losses caused by different events shall be considered as separate claims.

5.4. In the event of theft or destruction of the Vehicle, the User’s own liability is 15% of the market value of the Vehicle, provided that the User returns to the Lessor both the keys to the Vehicle and documents. If the Vehicle is stolen together with the keys and/or documents, the User is liable for 100% of the market value of the Vehicle.

5.5. In the event of total loss, theft or disappearance of the Vehicle, the market value of the Vehicle will be determined within a reasonable period by a nationally recognised vehicle valuation expert. The expert’s opinion shall be ordered by the Lessor. The market value shall be determined based on the condition at the time of delivery of the Vehicle to the User.

5.6. The deductible does not apply if: (1) the User has selected the “0 deductible” service in the App; (2) the User is in material breach of the Rental Agreement, including if the User was driving the Vehicle without lawful right to drive; (3) the User was under the influence of any alcoholic or psychotropic substance to any extent at the time the damage occurred; (4) The User caused the
damage intentionally or through gross negligence; (5) The User allowed the Vehicle to be driven by a person unauthorised by the Lessor, in which case the User shall be deemed to be fully liable
for all damages resulting therefrom.

5.7. For the avoidance of doubt, and notwithstanding anything to the contrary, the Parties confirm that the Lessor is not obliged to be covered by voluntary (comprehensive) insurance policy in respect of the Vehicle, nor to take any other actions that could further exclude or limit the User’s liability for any damage that occurs during the Rental Period.

5.8. Notwithstanding anything to the contrary, the Parties agree that the User is liable under the Rental Agreement: (1) for any damage to the Vehicle and/or its accessories (including spare wheel, towing hook, ignition key, steering wheels, etc.) caused during the Rental Period as a result of any physical damage or loss of accessories, except for natural wear and tear associated with good use; (2) in the event of any loss or damage, for both direct pecuniary loss or damage and for any loss of profit, including but not limited to the costs of towing or otherwise transporting the Vehicle, the normal costs of dealing with the loss or damage, and any other costs and damages the Lessor may incur in connection with the loss or damages.

6. PAYMENTS

6.1. The User shall ensure that the personal data disclosed at the time of creating the Account and the data concerning the Payment Card or any other payment method made available by the Issuer through the App are up-to-date and regularly updated. The Lessor may at any time require the User to update any data relating to the Contract, including through the App. The User, as the legal representative of the Legal Entity, confirms that the Legal Entity has all the proper authority and rights to enter into the Rental Agreement on the terms and conditions set out herein.

6.2. The Lessor shall have the right to verify the payment account linked to the User’s Payment Card, which includes reserving an amount on it. This amount shall be returned to the User after
successful verification (reservation) or may be applied (partially) towards the payment for services provided under the Rental Agreement. In such cases, the reserved amount shall be considered an advance payment (security) to the Lessor. For the avoidance of doubt, the Lessor may also reserve, as an advance payment, the payment account associated with the Payment Card for the full amount of the Rent payable under the Rental Agreement. The time limit for returning the reserved amount shall depend on the time limit set by the financial institution (payment institution) issuing the Payment Card or by any other third party linked to the Payment Card, according to their applicable terms and conditions, unless the amount is booked as security or as an agreed Rental payment. The Lessor shall also be entitled to verify the Payment Cards by other means.

6.3. The Lessor shall have the right, at its sole discretion, to set a credit limit for the User, to modify, cancel, reduce or increase it and not to provide services under the Rental Agreement in amounts exceeding the credit limit set by the Lessor for the User.

6.4. The Lessor has the right to debit the User’s Payment Card at any time to meet or secure any of the Lessor’s claims arising from the Rental Agreement. The Lessor shall not be liable for any charges resulting from the debiting of the Payment Card, including charges from mobile network operators, banks or payment service providers.

6.5. The User warrants that the Account is not linked to any Payment Card to which the User does not have the right to exercise any rights and that the use of the Payment Card for transactions under the Rental Agreement, use of the Application and use of the Account is only available to the User.

6.6. The User shall be entitled to make advance payments to the Lessor under the Application to secure the performance of the obligations under the Rental Agreement, in which case the User may be entitled to the benefits of the Price List.

6.7. The User shall comply with and pay all financial penalties, fines and administrative penalties, and parking-related fees, late fees and contractual penalty charges (hereinafter the “Fines“), and the administrative costs and other expenses of managing such Fines, arising from the use of the Vehicle during the term of the Rental Agreement. The Lessor shall forward to the User any Fine claims relating to the Vehicle submitted to it and the User shall pay or resolve such Fine claims according to their terms.

6.8. If the User fails to pay or settle the Fine and the corresponding claim becomes enforceable against the Lessor, the Lessor shall be entitled to (1) forward the User’s details as the direct owner of the Vehicle to a collection agency, or (2) settle the claim itself, in which case the User shall be liable to reimburse the Lessor for the claimed amounts or the costs incurred for settlement, and additionally, to pay the Lessor a handling fee in accordance with the Price List. Termination of the Rental Agreement shall not relieve the User of the obligations set forth in this Section.

6.9. The Lessor does not accept any responsibility for the legality of the claims for Fines related to the Vehicle that are submitted to it. The Lessor is under no obligation to verify whether there is a legal basis for the claims for a Fine concerning the Vehicle.

6.10. The User must immediately add a new Payment Card to the Application if there are any changes to the existing Payment Card that may prevent the Lessor from debiting the fees under the Rental Agreement.

6.11. In the event that, for any reason, the Lessor is unable to collect payments required under the Rental Agreement using the Payment Card, the User is obligated to pay the amounts owed to the Lessor under the Rental Agreement within ten (10) days following the end of the Rental Period, based on the invoice issued by the Lessor, to the bank account specified on the invoice. The payment obligation is considered fulfilled when the full amount specified on the invoice has been credited to the Lessor’s bank account. The amounts received by the Lessor shall be deemed to discharge the obligations of the User in accordance with the law.

6.12. If the User hires the Vehicle from the Lessor’s premises, the User shall pay the Rent and other payments due under the Rental Agreement based on the Lessor’s invoice in accordance with the payment terms stated on the invoice by means of a Payment Card or bank transfer in advance. The Lessor has the right to require a security deposit from the User before handing over the Vehicle. Unless otherwise specified by the Lessor, the User shall be liable to pay the deposit in accordance with the Lessor’s Price List. The User shall pay the deposit by credit card debit.

6.13. The User undertakes to pay to the Lessor interest on arrears at a rate of not more than three times the statutory rate of interest for each day of delay until the amount due is paid in full. The calculation of interest shall start on the day following the due date for payment and shall end on the day of payment in full of the amount due (inclusive).

6.14. Payment of the penalty and/or interest on arrears does not relieve the User from its obligations under the Rental Agreement. In the event of a breach of the Rental Agreement, the Lessor may claim a contractual penalty irrespective of the actual damage and the excusability of the breach. If the User is required by law or by the Rental Agreement to compensate the Lessor for expenses incurred or damage caused, the User must compensate the Lessor for such expenses or damage within 14 days of receiving the claim from the entitled Party.

6.15. All fees charged by the Lessor are subject to VAT at the statutory rate, unless otherwise provided by law.

7. LIABILITY

7.1. Unless otherwise provided for in the Rental Agreement, the parties shall be fully liable for any breach of their obligations under the Rental Agreement. In addition to the User, a legal entity is a party to the Rental Agreement represented by the User. The User discloses and confirms that the Rental Agreement is concluded for the economic and professional activities of the Legal Entity. The User shall be liable under the Rental Agreement for the conduct of the Legal Entity and for circumstances arising out of the Legal Entity as if for its own conduct or for circumstances arising out of its own conduct.

7.2. The Parties may agree in the Rental Agreement that the Vehicle may be used by the Co-user together with the User. The User shall be liable under the Contract of Hire for the conduct of the
Co-user and for circumstances arising out of the Co-user’s conduct as if for his own conduct or circumstances.

7.3. In the event of a defect in the Vehicle, as well as if the use of the Vehicle is otherwise impeded due to a circumstance for which the Lessor is liable (including possible defects in connection with the App or the use of the Account), the Lessor’s liability is limited to compensation for direct material damage caused to the User by the defect or impediment, which the Lessor should have foreseen.

7.4. The Lessor is not obligated to compensate the User for indirect damages, which may include those associated with transactions or activities involving the Vehicle, or for intangible losses such as loss of income, profit or damage to reputation. Regardless of any conflicting clauses in the Rental Agreement, the Lessor’s liability is capped at EUR 500.

7.5. If the User violates the terms and conditions of the Rental Agreement, other insurance policies, or any other agreements while using the Vehicle, resulting in the Vehicle or damages caused by the Vehicle not being covered by insurance, or if the Vehicle sustains damages not covered by insurance, the User agrees to fully compensate the Lessor and/or any other affected parties for
the incurred damages caused to or by the Vehicle.

7.6. If the User returns the Vehicle in a condition or manner not compliant with the terms outlined in this Rental Agreement, the User agrees to pay the Lessor any applicable surcharges and contractual penalties as specified in the Price List, depending on the condition of the Vehicle’s defects.

7.7. The User shall not be liable for any breach or damage caused by the Lessor and/or any third party, unless the User is liable for the acts of such third party under the Rental Agreement.

7.8. The User shall not be liable for defects in the Vehicle caused by previous use, operation or normal wear and tear, provided that the User immediately notifies the Lessor of such defect through one of the available contact channels and then follows the Lessor’s further instructions.

7.9. In the event that any representation made by the User that he/she has entered into the Rental Agreement as a representative of a legal person proves to be incorrect, the User undertakes to
compensate the Lessor for all resulting damages, including any damages and costs related to the fact that the Lessor has invoiced the legal person under the Rental Agreement and has kept VAT
accounts on this basis. The User undertakes, among other things, to indemnify the Lessor in full against any resulting claims against the Lessor by the Tax and Customs Board.

8. SUSPENSION AND TERMINATION OF THE RENTAL AGREEMENT

8.1. If the User breaches the terms and conditions of the Rental Agreement or is in arrears with any payment due under the Rental Agreement, the Lessor has the right to suspend the performance of its obligations under the Rental Agreement, including the right to block the User’s use of the Vehicle and/or the use of the Account, as well as to cancel any agreements already entered into for the use of the Vehicles during the Rental Period. The Lessor shall inform the User of the suspension of the Rental Agreement through the App or otherwise.

8.2. The Lessor will lift the suspension of the Rental Agreement if the User has complied with all the Lessor’s requirements under the Rental Agreement and the Lessor is satisfied that the User will duly comply with the terms and conditions of the Rental Agreement in the future.

8.3. The User has the right to terminate the Rental Agreement and the related use of the Application and Account at any time by giving the Lessor at least seven (7) business days’ notice.

8.4. The Lessor shall have the right to terminate the Rental Agreement exceptionally and without prior notice, if the Lessor cannot reasonably be expected to continue the performance of the Rental Agreement, i.e. if: (1) the Vehicle was driven by a person who was not entitled to do so; (2) the Vehicle is used contrary to the terms of the Rental Agreement; (3) the Vehicle was driven by a person with a blood alcohol content of more than 0.00 per mil or under the influence of narcotic or psychotropic substances, including after the damage occurred; (4) the User caused damage to the Vehicle intentionally or through gross negligence; (5) The User fails to comply with traffic laws after the occurrence of a traffic accident, including if the User left the scene of a traffic accident; (6) The User uses the Vehicle as an instrument of crime or the Vehicle is otherwise connected in any other way to a suspected crime; (7) The User violates the terms and conditions of use of the App or the Account.

8.5. Termination of the Rental Agreement shall not relieve the User or the Legal Entity of any obligations that have arisen during the term of the Rental Agreement or of any obligations that have the purpose of regulating the rights and obligations of the parties after the Rental Agreement has ended. Termination of the Rental Agreement does not relieve the User of the obligation to return the Vehicle to the Service Point (unless blocked) or the Rental Provider’s location and to reimburse all payments due under the Rental Agreement, together with interest on late payments.

9. FINAL PROVISIONS

9.1. The User agrees to enter the Rental Agreement and to submit mutual declarations of intent to enter into the Rental Agreement and to modify its terms and conditions through the App.

9.2. The Lessor processes personal data in accordance with applicable regulation and Lessor’s Privacy Policy, which is available on the Lessor’s Website.

9.3. The Lessor reserves the right to amend these General Terms and Conditions at any time due to changes in legislation or changes in the services or technical solutions provided by the Lessor. The Lessor’s General Terms and Conditions shall be deemed to have been amended if they have been made available to the User either on the Lessor’s Website, on the Lessor’s App or otherwise notified to the User. If the User continues to use the Vehicles after the amendments to the General Terms and Conditions have entered into force, the User shall be deemed to have accepted the amendments to the General Terms and Conditions.

9.4. The Lessor may at any time unilaterally amend the Price List, which is available on the Lessor’s Website. Those prices in the Lessor’s Price List that relate to the rental of a particular Vehicle for a particular Rental Period will be published in the App or on the Lessor’s Website and will become effective upon the User’s acceptance to rent a Vehicle through the App.

9.5. The User shall not be entitled to transfer any rights under the Rental Agreement to third parties or assign any claims under the Rental Agreement to third parties. In the event of the exercise of such a right, the Lessor may object to the expiry of the claim to the alleged assignee.

9.6. The Lessor shall be entitled to assign the rights under this Rental Agreement to third parties.

9.7. The Rental Agreement is governed by Estonian law.

9.8. All disputes arising out of the Rental Agreement, which the Parties fail to resolve by negotiation, shall be settled by the Harju County Court. A consumer residing in the European Union may bring a claim for the protection of his/her consumer rights in connection with the Rental Agreement in the Member State where the consumer resides. In addition, the consumer may also exercise the right to lodge a complaint with his local consumer protection authority or via the European Commission’s online dispute resolution platform at http://ec.europa.eu/odr.