1. Definition of terms
1.1. Agreement – these conditions and rules posted on the web page;
1.2. Service provider - Rent-Car.Ge that creates a platform via a web page and provides the relevant services to users to ensure that the Lessor and the Lessee can contact each other and the Lessor gives under lease and the Lessee takes under lease a motor vehicle. The service provider does not personally gives under lease any motor vehicles and is not a party to a lease agreement;
1.3. Lessee – individual or legal entity that takes under lease a motor vehicle via the internet web page of the service provider;
1.4. Lessor - individual or legal entity that gives under lease a motor vehicle possessed by them via the internet web page of the service provider;
1.5. User - individual or legal entity, including the Lessee and the Lessor, that has registered their account on the web page and/or uses the services of the web page;
1.6. Web page - Rent-Car.Ge
1.7. Services – the types of services defined under Annex #1 and offered by the service provider to users;
1.8. Registration on the web page – creating their own account (profile) on the web page by an individual or legal entity accessed by the user via user e-mail and password for the purpose of receiving services;
1.9. User account (profile) – personal page of the user on the web page where the services are received;
1.10. User e-mail – electronic mail of the user, one of the parameters for accessing the account, which is unique and can be defined and changed by the user;
1.11. Password – one of the parameters for accessing the account, which is unique and can be defined and changed by the user;
1.12. Authorized driver – a person appointed by the Lessee or the Lessor that has the right to drive a vehicle in accordance with the legislation of Georgia (has a driving license for a minimum of 2 years) and is between 21 and 65 years old;
1.13. Motor vehicle – a mechanical vehicle that is usually used for transportation of passengers or goods;
1.14. Cost of the motor vehicle – market value of the motor vehicle prior to the start of its actual use by the Lessee ;
1.16. Direct debit – withdrawal of funds from the user’s bank account/accounts by the service provider without the consent of the bank account holder in the case defined under this Agreement;
1.17. Confidential information – any information that became known to the parties via the web page and/or during the validity period of this Agreement referring to the conditions of this Agreement and any other transactions and/or agreements proceeding from the cooperation of the parties and, also, information about the activities, financial standing, deals, transactions and other business relations of the parties (companies/branches etc.);
1.18. Insuperable force – unforeseen circumstances that did not exist by the time of conclusion of this Agreement and the occurrence and impact of which could not be prevented and overcome by the parties, namely, natural disasters, strikes, sabotage or other production disturbances, war, blockade, insurrection, earthquake, avalanche, epidemics, flood and other similar phenomena beyond the control of the parties and their ability to prevent them;
1.19. Service fee – the cost of the service to be provided by the service provider the amount of which is defined under Annex #1;
1.20. 1 mile – equals to 1.61 kilometers for the purpose of defining the distance in kilometers covered by the motor vehicle;
1.21. 1 day - 24 hours;
1.22. Minimum lease period – minimum period for leasing a motor vehicle is 1 day. Even if the Lessee returns the motor vehicle to the Lessor earlier than 24 hours, the Lessee is still obliged to pay the complete lease fee and the period of using the car actually does not matter;
1.23. Average lease fee – average daily lease fee is calculated as follows: total of the lease amount of each day of the lease period shall be divided into the number of calendar days.
2. Scope of the Agreement
2.1. The service provider provides the services to the user via the web page to enable the use of the offered services by the user. The service provider is an intermediate between the Lessor and the Lessee.
2.2. The cost of each service is defined by the service provider and is provided in Annex #1 to these Conditions.
2.3. The service provider does not own any of the cars provided on the web page and does not have any additional information about their actual condition.
2.4. The quality, safety, legitimacy of the cars provided on the web page as well as the compliance with inventory are not controlled by the service provider.
2.5. Information provided on the web page serves the purpose of enabling a user to contact another user.
2.6. Any individual or legal entity can post their personal information on the web page of their own free will and proceeding from their own interests.
2.7. By posting information on the web page the user agrees that the information about the user shall be open and any user shall be able to view it. The service provider is entitled to provide another user with the insurance policy for the car put by the Lessor on the web page. Information about the bank accounts and profile password of the user is confidential and shall not be disclosed to third party.
2.8. All risks related to distribution of information are taken by the user.
2.9. Information about another user posted on the web page has no legal power. The user is obliged to check the accuracy of information prior to any financial transaction.
2.10. The user is aware and agrees that the service provider has unrestricted access to the information posted on the web page as well as to personal correspondence (including via mobile application) carried out via the web page.
3. Creating and activating a profile
3.1. To create and activate a profile the following procedures need to be followed:
3.1.1. The user is registered on the web page and enters their personal data;
3.1.3. The user chooses an active e-mail, password and goes through authorization.
3.2. Subsequent to activation of the profile, the Lessor and the Lessee shall be able to establish remote contact and exchange information. Actions performed on the profile are legally binding for the parties.
3.3. All requests, consents, notifications, amendments to the agreement made via the profile are mandatory and legally binding and shall be equal to written form.
3.4. The user shall be liable in accordance with the procedure prescribed by the legislation of Georgia for illegal and inappropriate use of the profile.
3.5. By accepting these rules in the course of registration the user declares that:
3.5.1. They give their consent to remote relationship and exchange of information between the parties via the profile;
3.5.3. They are legally capable and able to make decisions independently;
3.5.4. They are not under the influence of alcoholic, narcotic, toxic or any other poisonous substances and shall not use the profile in such a condition;
3.5.5. They shall not use the profile for illegal purposes, including fraud and money laundering;
3.5.6. They have provided and shall provide authentic information only while using the profile;
3.5.7. They shall use safe means and devices only in electronic communication.
3.6. The user is aware and agrees that third party to whom the profile password shall be known shall have access to the profile and assume obligations on behalf of the user, until the service provider is notified accordingly and is given reasonable period of time for blocking the profile. If actions are performed on the web page using the profile of the user, it shall be deemed that the actions are performed on the relevant profile by the user and the obligations to the Lessor/Lessee or the service provider are assumed by the user.
3.7. The user is obliged to renew the information available on their profile prior to concluding a car lease agreement with another user, otherwise responsibility to both the other user and the service provider for reimbursement of damages as a result of inaccurate information shall be fully imposed on the user.
3.8. The information provided by the user on the web page shall not:
3.8.1. Be false, inaccurate, incomplete and misleading for the user;
3.8.2. Serve fraud, deceit or misuse of confidence;
3.8.3. Contain information about the lease of a stolen vehicle or a vehicle illegally possessed by the Lessor;
3.8.4. Refer to tangible and intangible assets of the third party without the relevant permit, shall not violate personal rights of the third party;
3.8.5. Contain information infringing on the dignity or business reputation of the third party;
3.8.6. Contain discrimination of religious, ethnic or other minorities, including indirect discrimination;
3.8.7. Contain threat to anybody;
3.8.8. Instigate criminal action;
3.8.9. Support or provoke terrorist and extremist actions;
3.8.10. Contain pornographic content;
3.8.11. Contain promotional information about the property, item or service or a company different from the object of announcement;
3.8.12. Otherwise violate the current legislation of Georgia.
4. Conclusion of the agreement between the Lessor and the Lessee
4.1. The Lessor and the Lessee are entitled to conclude car lease agreement under any conditions as acceptable by them for which the service provider assumes no responsibility. The parties shall agree on lease payment amount, additional services, including the cost of the services of the driver.
4.2. Other than this Agreement, the relationship between the Lessee and the Lessor can be regulated by contractual rules additionally defined by the Lessor.
4.3. The Lessor is entitled to define maximum distance in kilometers in advance that can be covered by the Lessee in a day, week or month.
4.4. If not otherwise agreed between the Lessee and the Lessor, the rules defined under this Agreement apply.
4.5. The Lessor transfers and the Lessee temporarily accepts into possession, in the form of a lease a vehicle owned by the Lessor.
4.6. Only the Lessee is entitled to drive the rental car and the Lessee shall not have the right to transfer the vehicle to a third party for driving.
4.7. The lease period is defined by the Lessee via the web page prior to giving the vehicle under lease.
4.8. Upon expiration of the lease period the Lessee is obliged to return the vehicle to the Lessor in the same condition as it was transferred to the Lessee considering normal wear.
4.9. The Lessor and the Lessee shall take photos of the vehicle, both exterior and interior, while transferring the vehicle into actual (direct) possession of the Lessee and returning the vehicle to the Lessor.
4.10. The Lessee shall visually check the vehicle for any damages while accepting the vehicle into actual (direct) possession and if any such damages are identified, inform the Lessor accordingly and take the photo of the damaged area, otherwise it shall be deemed that the transferred vehicle had no visible damage.
4.11. The Lessee shall return the vehicle clean, to enable checking for damages, otherwise the vehicle shall be checked subsequent to washing.
4.12. The vehicle shall be returned at the time and place as agreed by the parties in advance.
4.13. There shall be the same amount of fuel in the vehicle as when transferred to the Lessee.
4.14. The lease subject shall be in the same condition when returned as it was when transferred into temporary use, otherwise the Lessee shall be obliged to reimburse the Lessor for the damage.
4.15. If Lessor detects inappropriate visual appearance of the lease subject (damage, scratch, dent, crack etc.) or damage of its parts, the relevant amount can be debited directly from the Lessee’s account in the amount of reduced value of the vehicle.
4.16. If the vehicle is returned to the Lessor unwashed, the relevant amount that is required for washing the vehicle can be debited directly from the Lessee’s account.
4.17. If there is less amount of fuel in the vehicle when returned to the Lessor as when it was transferred to the Lessee, the cost of deficient fuel can be debited directly from the Lessee’s account considering the value of fuel by the day of return of the vehicle.
4.18. If it becomes known to the Lessor subsequent to return of the vehicle to the Lessor that administrative fine was imposed on the Lessee and the amount of the fine and/or penalty was not paid, the relevant amount required for full payment of the amount of the accrued fine and penalty can be debited directly from the Lessee’s account.
4.19. If the vehicle is returned by the Lessee later than the agreed time, the amount of penalty defined under this Agreement can be debited directly from the Lessee’s account.
4.20. In cases provided for by previous paragraphs (paragraphs 4.15-4.19) the service provider shall request that the bank withdraw the amount from the Lessee’s account/accounts based on the information provided by the Lessor and shall transfer withdrawn amount to the Lessor. In this case, the service provider is not responsible to the Lessee for reimbursement of damages incurred as result of provision of incorrect/incomplete information by the Lessor.
4.21. The Lessee shall not be entitled to sublease the vehicle without prior written consent of the Lessor.
4.22. The Lessee can shorten the lease period by sending the relevant request to the Lessor and only if the Lessor gives their consent thereto. In this case paid commission shall not be refunded to the Lessee, and the relevant lease amount for the shortened period (days) shall be refunded with accrued penalty deducted. The amount of penalty constitutes 15% of the lease amount for the shortened period (days).
4.23. The Lessee is entitled to reserve a vehicle several days/hours earlier. Maximum reservation period in each specific case is defined by the Lessor.
4.24. In case of reservation of the vehicle, the Lessee pays the car lease payment amount in advance which in each specific case is defined in agreement with the Lessor.
4.25. In case of cancellation of reservation, the lease amount paid by the Lessee in advance shall be refunded to the Lessee as follows:
4.25.1. In case of cancellation of reservation within one hour following reservation prior to transfer of the vehicle, 100% of the lease amount, insurance cost and lease commission shall be refunded;
4.25.2. In case of cancellation of reservation 7 days prior to transfer of the vehicle, 100% of the lease amount and insurance cost shall be refunded. Lease commission shall not be refunded;
4.25.3. In case of cancellation of reservation during the period from 1 to 7 days prior to transfer of the vehicle, 90% of the lease amount and insurance cost shall be refunded. Lease commission shall not be refunded. The remaining 10% of the lease amount and insurance amount shall be retained by the Lessor and the insurer;
4.25.4. In case of cancellation of reservation within less than 24 hours prior to transfer of the vehicle, the lease amount, insurance cost and lease commission shall not be refunded. The total lease amount shall be retained by the Lessor.
4.26. Vehicle is leased out only if the relevant insurance is available. The Lessor is free to choose of the following three car insurance options while putting the vehicle on the web page:
1. Advance purchase by the Lessor of one-year car insurance package offered by the service provider when the Lessee is not obliged to purchase daily insurance.
2. Mandatory purchase by the Lessee of daily car insurance package offered by the service provider that shall cover the entire period of actual possession of the vehicle by the Lessee.
3. The Lessor can present a policy issued by any other insurer that is not offered by the service provider. In this case the service provider is entitled to accept the insurance policy, grant the status of insured to a specific vehicle and cancel mandatory daily insurance offer for a specific vehicle or refuse to accept the policy and refuse to grant the status of insured to the vehicle.
4.27. The policy presented by the Lessor shall include at least the following insured risks and coverages:
4.27.1. Damage or complete destruction of the insured vehicle during insurance period caused by road accident, fire or explosion, natural disaster, fall of objects, rolling down;
4.27.2. Loss or damage of the insured vehicle or any of its part during insurance period as a result of vandalism, theft, robbery or plunder or as a result of other criminal act or attempted act by third party/parties;
4.27.3. Occurrence of liability for reimbursement of damage caused to life, health and/or property of the third party by the authorized driver while driving the insured vehicle;
4.27.4. Insurance of the authorized driver of the insured vehicle and passengers against accident.
4.28. In case of detection of damage or any technical defect of the vehicle, the Lessee shall immediately inform the Lessor and in case the vehicle is insured shall inform the insurer as well about the relevant incident, otherwise the liability for full reimbursement of the damage caused by late notification shall be imposed on the Lessee.
4.29. In case of car accident the Lessee shall be obliged to stop the vehicle and shall not move the vehicle from the place of accident, except the case when it is necessary to do so to reduce incurred damage, avoid probable damage or protect the lives and health of other people. In case of car accident the Lessee shall first notify law enforcement authorities and subsequently notify the insurer and the Lessor as provided for under the car insurance agreement.
5. Rights and Liabilities of the Parties
5.1. The Service Provider is entitled to implement the following:
5.1.1. To block, to delete or not to create any profile, if the User violates any condition(s), or if possible or probable violation of any condition(s) is suspected, regarding which the notification shall be sent to the User, to the email indicated by the latter;
5.1.2. At the own discretion, unilaterally to change the service conditions;
5.1.3. The Service Provider is not liable, at the own discretion or by means of the third party, to check preciseness of the information allocated by the User, and in case of revealing the incorrect information, to refer to the relevant means;
5.1.4. The Service Provider is not liable to withdraw from any public or private institution or from the private institution and/or to check the information about the User, to which the User agrees and entitled the Service Provider to withdraw, to check and/or to receive any information about the latter;
5.1.5. To provide to the contractual party, the engraved, the investigational bodies, the prosecutor’s office, the court any information about the User, without the consent/permit of the latter;
5.1.6. To use any available information about the User during the court dispute/proceedings or in case of administrative proceedings without the consent/permit of the User;
5.1.7. To keep/store, to delete, to archive or in any other form to use information about the User according to the requirements as foreseen with the acting legislation of Georgia;
5.1.8. To refer to any legal means in order to obtain the service fee from the User;
5.1.9. In the events foreseen with this Agreement, from the bank account of the User, to implement the withdrawal of the amount without acceptance;
5.1.10. To process the information allocated by the User at the web-page;
5.1.11. To submit to the court, the prosecutor’s office, the investigational bodies and/or public institutions the information allocated by the User at the web-page, in the events foreseen with the effective legislation;
5.1.12. To provide monitoring of the profile of the User;
5.1.13. To block, to delete and not to create the Lessor’s profile if the Lessor according to the paragraph 9.7 cancels the reservation several times;
5.1.14. For protection of own rights to refer to the court.
5.2. The Service Provider is liable to implement the following:
5.2.1. To render the service in timely and due manner;
5.2.2. Not to violate the rights of the User;
5.2.3. Not to implement any discriminative action;
5.2.4. Not to implement any criminal activity and/or not to use web-page for implementation of the criminal activities or funding of such.
5.3. The Lessor is liable to implement the following:
5.3.1. To demand from the Lessee implementation of the undertaken liabilities in due and timely manner;
5.3.2. In case of presence of the relevant preconditions, to file a claim due to the actions implemented by the Lessee;
5.3.3. To receive compensation for the damage, which is related to faulty action of the Lessee;
5.3.4. In order to protect the own right to refer to the court;
5.3.5. To apply for all the means assigned with the law for compensation of the damage/loss incurred.
5.4. The Lessor is liable to implement the following:
5.4.1. To use the own account preserving these agreements and the requirements of the effective legislation of Georgia;
5.4.2. To provide the Parties with full and precise information about themselves as well as the legal and the factual standing of the motor vehicle;
5.4.3. To provide to the Lessee all the necessary documents related to ownership of the motor vehicle, as available to the latter;
5.4.4. In due and timely manner to implement the terms and the conditions of this Agreement;
5.4.5. To keep the motor vehicle technically operational condition, with the winter tires and all the equipment for the relevant season;
5.4.6. According to the effective legislation of Georgia, the motor vehicle should have passed through mandatory maintenance inspection;
5.4.7. To keep the motor vehicle clean and to protect the rules of hygiene;
5.4.8. To transfer the motor vehicle into the factual (direct) possession of the Lessee in time and at site as defined by the Parties;
5.4.9. In case of change of any information about the latter, immediately, but no later than in 2 calendar days to change the information allocated at the own account;
5.4.10. Not to transfer/disclose to the third party any information about the own account, among them the password, otherwise, the Lessor will be held responsible for any negative outcome;
5.4.11. To communicate immediately to the Service Provider about entering into the account of the latter by any non-authorized person or implementation of the action by means of that account;
5.4.12. Not to offend the party and/or not defame without any basis, not to threaten, not to blackmail the other party of the Agreement;
5.4.13. Not to reveal any discriminative approach towards other users;
5.4.14. To protect the relevant rights and legal interests of the users and of the third parties;
5.4.15. Without appropriate consent, not to obtain, keep, process and/or distribute personal data of any person, even though those were openly allocated at the web-page, except for the information related to the car rent, and gathering of the information is necessary for drawing of the particular agreement;
5.4.16. Not to relate to the User with any purpose different from the car rent;
5.4.17. Not to use the web-page for other purpose, which is not foreseen with this Agreement;
5.4.18. Not to implement any action at the web-page, which might interfere with the normal functioning of the web-page, would impede or overload it, or otherwise interfere with the Service Provider while implementation of the undertaken liabilities;
5.4.19. Not to enter the account of other user deviating from the rules in any form and not to obtain, process, keep and/or disclose any information about other user;
5.4.20. Not to use the own account for criminal activities;
5.4.21. Not to implement any activities, which are prohibited according to the effective legislation of Georgia.
5.5. The Lessee is entitled to implement the following:
5.5.1. To demand from the Lessor due and timely implementation of the undertaken liabilities;
5.5.2. In case of presence of the relevant preconditions, to claim about the action implemented by the Lessor;
5.5.3. To receive compensation of the damage/loss, which is related to the faulty action of the Lessor;
5.5.4. For protection of the own right to refer to the court;
5.5.5. To refer to all the means as assigned with the law for compensation of the damage/loss incurred.
5.6. The Lessee is liable to implement the following:
5.6.1. To use the own account according to this Agreement and preserving the requirements of the effective legislation of Georgia;
5.6.2. Duly and in timely manner to implement the terms and the conditions of the Agreement;
5.6.3. To repay the car rent amount and all the other expenses, which are imposed onto the Lessee regarding this Agreement;
5.6.4. To use the rented car only for personal purpose and by means of that motor vehicle not to implement any economic activities;
5.6.5. While driving, to implement the requirements as foreseen with the Law of Georgia “On traffic” (see https://www.matsne.gov.ge/en/document/view/2169396?publication=12) and other normative acts;
5.6.6. To provide to the Parties full and precise information about themselves, among them about the age and the right to drive;
5.6.7. In case of change of any information about the latter, immediately, but no later than in 2 calendar days, to change the information allocated at the own account;
5.6.8. Not to transfer/disclose to the third party any information about their account, among them name and password of the User, otherwise, the Lessee will be held responsible for any negative outcome;
5.6.9. Regarding entering the account by any non-authorized person or implementation of the action by means of such account to communicate immediately to the Service Provider;
5.6.10. Not to offend and/or defame the party without any basis, not to menace or blackmail the other party of the Agreement;
5.6.11. Not to reveal any discriminative approach towards the User;
5.6.12. Without the relevant consent of the party, not to collect keep, process and/or distribute any personal data of any person, even though that was openly published at the web-page, except for the information related to the car rent, and if gathering of the information is necessary for drawing of the particular agreement;
5.6.13. Not to contact the User with any purpose different from the car rent;
5.6.14. To protect the rights and the legal interests of the users and the third parties;
5.6.15. Not to use the web-page with other purpose, which is not foreseen with this Agreement;
5.6.16. Not to transfer the rented car to the third party;
5.6.17. To take proper care of the rented car and to show proper care while driving;
5.6.18. Not to leave the motor vehicle unlocked;
5.6.19. Not to drive the motor vehicle under alcohol, drug and/or psychotropic inebriation or affected therefore;
5.6.20. To keep the key of the rented car always and not to leave it in the car;
5.6.21. Not to create the conditions, which would simplify for the third party to misappropriate the motor vehicle;
5.6.22. To use the motor vehicle only for movement on the solid surface (asphalt, concrete) road and not to drive it to the ground or gravel road;
5.6.23. Not to tow other motor vehicle;
5.6.24. Not to start and not to make any other person start the motor vehicle by means of the battery and starting cables;
5.6.25. Not to smoke cigarette, cigar, cigarillo, pipe, kalian, electronic cigarette and other similar devices in the car;
5.6.26. Not to carry domestic animals with the car;
5.6.27. Upon return of the motor vehicle to the Lessor, to submit it washed;
5.6.28. Not to implement any such action at the web-page, which might interfere with the normal functioning of the web-page, impede or overload it, or otherwise interfere with the Service Provider while implementation of the liabilities by the latter;
5.6.29. Not to enter to the account of the other user deviating the rules of the web-page in any form, and not to obtain, process, keep or disclose the information about the user;
5.6.30. Not to use the own account for the criminal activities;
5.6.31. Not to implement any activities prohibited with the acting legislation of Georgia.
6. Responsibilities of the Parties
6.1. The Service Provider is not co-participant of any agreement and shall not be held responsible for action of any user. All the negotiations shall be carried out directly by and between the users.
6.2. The Service Provider is not held responsible for preciseness of the information allocated at the web-page.
6.3. The Service Provider does not guaranty that the data about the User coincide with the real data of the latter.
6.4. The Service Provider is not held responsible for damage or loss of the information allocated at the web-page, as well as the loss of the notification.
6.5. The Service Provider does not guaranty permanent and uninterrupted work of the webpage.
6.6. The Service Provider is not held responsible for any action implemented with the account of the User, among them if the account is used by the non-authorized person.
6.7. The Service Provider is held responsible only for the damage/loss caused with the deliberate action or rough negligence.
6.8. The User is held responsible for correctness of the information allocated at the web-page.
6.9. The User is held responsible for all those negative outcomes, which are caused due to disclosure of any information (among them, username and password) about the own account.
6.10. In case of failure to provide the information immediately to the Service Provider about entering into the account of the User by any non-authorized person or implementation of the action by means of the account, the User shall be held responsible for the damage/loss caused.
6.11. The User is held responsible for any action implemented with the account.
6.12. In case of causing damage/loss by the User to the Service Provider or any other users or failure to implement the undertaken liabilities, it is possible by Service Provider to withdraw the amount from the account without acceptance.
6.13. Withdrawal of the amount by the Service Provider from the account of the User without acceptance shall be carried out in case of complaint by other user of causing damage/loss to the Service Provider and/or non-implementation of the liabilities towards the Service Provider. Substantiation of the complaint shall be checked by the Service Provider and at the own discretion shall solve the claim satisfaction issue.
6.14. The amount withdrawn from the account of the User on basis of the complaint shall be transferred by the Service Provider to the bank account of the author of the claim.
6.15. For substantiation of the complaint, the author of the claim shall be held responsible. The Service Provider shall not be held responsible for the damage/loss as the result of withdrawal of the amount without acceptance.
6.16. The Lessee will be held responsible in complete while factual ownership of the motor vehicle, for payment of the penalty imposed as the result of the breach of the traffic rules.
6.17. The Lessor is held responsible to hold the motor vehicle technically operable and having undergone the mandatory maintenance inspection according to the acting legislation of Georgia. In case of violation of this liability, the Lessor shall be held responsible to repay all the financial sanction, which might be imposed onto the car possessor due to its inoperable standing or failure to undergo the mandatory maintenance check, except for the case, when inoperable standing of the motor vehicle is caused with the fault of the Lessee.
6.18. The Parties are liable to implement the requirements of the acting legislation of Georgia and to respect rights and legal interests of each other.
6.19. In case of violation of the liability as foreseen with the paragraphs 5.6.22, 5.6.23, 5.6.24, 5.6.25 and 5.6.26 of this Agreement, the Lessee will be charged with the penalty in amount of 1 000 (thousand) GEL, 15% of the penalty of which is the service commission fee, and the remaining 85% shall be transferred to the Lessor. Along with the penalty, the Lessee is liable to compensate the incurred damage/loss.
6.20. The Lessee will be liable to repay then penalty in the following amount:
6.20.1. For each excessive kilometer over the maximal kilometrage by the Lessor in the preliminarily defined amount, 85% of which is received by the Lessor, and the remaining amount (15%) is the service commission fee;
6.20.2. In case of delay of return of the motor vehicle to the Lessor by 30 minutes, in amount of 20 GEL, for each following day overdue, additional penalty in amount of 50 GEL shall be added to the daily lease fee, 85% of which is received by the Lessor, and the remaining amount (15%) is the service commission fee;
6.20.3. In case of return of the motor vehicle with breach of this Agreement (in incompliant standing, among them not washed, with scratches, squashed, etc.), additional penalty in amount of 50 GEL shall be added to the daily lease fee, 85% of which is received by the Lessor, and the remaining amount (15%) is the service commission fee;
6.20.4. While setting relations outside the web page by and between the Lessee and the Lessor, with the purpose to avoid the payment of the service commission fee set by the Service Provider or decrease the amount of such service commission fee by 150 GEL and amount of the decreased service commission.
6.20. The Lessee will be additionally charged with payment of those expenses, which are required for washing of the motor vehicle, if the latter is not provided washed or is not washed in full from outside as well as from inside.
6.21. The Lessor will be charged with the penalty of the following type and in the following amount:
6.21.1. In amount of 100 GEL for the Lessee and 200 GEL for the Service Provider in amount of the commission fee, if the motor vehicle has been transferred to the Lessee in technically inoperable standing, has not undergone the mandatory maintenance observance as foreseen with the acting legislation of Georgia;
6.21.2. While setting relations outside the web-page by and between the Lessee and the Lessor, with the purpose to avoid the payment of the service commission fee set by the Service Provider or decrease the amount of such service commission fee by 150 GEL and amount of the decreased service commission;
6.21.3. In case of violation of the liability indicated in the paragraph 8.8 of this Agreement, to repay 50 GEL in favor of the Lessee, of which 15% of the penalty is the service fee, and the remaining 85% shall be transferred to the Lessor;
6.21.4. In case of failure to transfer the motor vehicle to the Lessee, in amount of one day rent fee of the deal drawn in favor of the Lessee;
6.21.5. In case of falsification of the documents submitted by the Lessor for the motor vehicle and/or in case of incompliance with the acting legislation of Georgia, 50 GEL for the Lessee and 200 GEL for the Service Provider in amount of the commission fee;
6.21.6. In case of incorrect allocation by the Lessor of the motor vehicle data (date of manufacture, kilometrage, engine capacity, etc.) at the web-page, in amount of 100 GEL for the Lessee and 200 GEL for the Service Provider in amount of the commission fee;
6.21.7. In case of transfer by the Lessor to the Lessee of the motor vehicle unwashed, in amount of 150 GEL in favor of the Lessee.
7.1. The Parties confirm that the information related to implementation of the terms and the conditions of this Agreement is of confidential nature, and disclosure of the information protected with the indicated article to the third parties might be permitted only with the purpose of requirements of this Agreement, for implementation of the legislative or court judgments by the Parties, and due to securing of the own legal interests.
7.2. Terms and conditions of this Agreement shall be available only to those representatives of the Parties, which directly deal with implementation of the terms and the conditions of this Agreement.
7.3. The confidentiality clause of this Agreement is valid permanently.
8.1. The Parties are exempted from the responsibility for non-implementation or improper implementation of the terms and the conditions of this Agreement in the event if the proper implementation turns to be impossible due to insuperable forces, i.e. emergency and insuperable circumstances. Such circumstances do not cover violation of the undertaken liabilities by the contractors, absence of demand for the goods at the market, absence of the necessary monetary means among the Parties.
8.2. The party, for which it is impossible to implement the liabilities undertaken due to this Agreement, is liable to communicate to the other party in writing about the above-mentioned circumstances during 24 hours upon their incurring.
8.3. The notification shall cover the circumstances as well as the official documents, which would confirm presence of such circumstances. If the party fails to send or sends with delay the above-mentioned notification, then the latter will be liable to compensate to the other party the caused damage/loss. Existence of the insuperable forces shall be confirmed with the act or other documents issued by the competent body.
8.4. In case of failure to notify and/or late notification, the latter is deprived of the right to lean upon presence of the force-majeure circumstances, as the basis for exemption from the responsibility.
8.5. If the incurred circumstances last for more than 3 (three) calendar days, the Parties will additionally negotiate in order to agree upon the alternative methods acceptable for implementation of the Agreement or make decision for early termination of the current Agreement. In case of early cancellation on basis of this article of the given Agreement, the parties shall arrange for mutual settlement.
8.6. The Lessee also will not be held responsible in the event if due to delay of the flight or other unbiased reason, the Lessee fails to arrive to the site of taking of the motor vehicle.
8.7. For confirmation of the circumstances indicated in the paragraph 8.6 of this Agreement, the Lessee at the very first opportunity shall send (among them via web-page or mobile application) to the Lessor the relevant documents/certificate, confirming the circumstances indicated in the paragraph 8.6.
8.8. In case of presence of the circumstances indicated in the paragraph 8.6 of this Agreement, the Lessor is liable with the proper care and due diligence to postpone the term of transfer to the Lessee, without any compensation, but at most for 24 hours.
9. Termination of the Agreement
9.1. This Agreement might be terminated as agreed upon by and between the Parties.
9.2. The Service provider is entitled to delete the profile and unilaterally, without preliminary notification, to terminate the Agreement if the User violates these conditions, or there is the doubt that any of these conditions has been or will be violated.
9.3. The User is entitled to close the own account and to terminate this Agreement if the Service Provider changes the terms and the conditions of the service and at the same time, the User has no liabilities towards the Lessee or the Lessor.
9.4. The User can terminate the Agreement unilaterally only in the event if before any of the Parties he has no outstanding liability to be carried out, the penalty, the fine or any other monetary sanction to be repaid.
9.5. The Lessor is not entitled to terminate the Agreement once the motor vehicle is transferred into the factual possession of the Lessee, except for the case foreseen with the paragraph 9.8.
9.6. If the Lessor preliminarily and unilaterally, without significant reason, cancels the reservation, no travel expenses will be compensated to the latter. In such case, the Lessor will be liable at the very first opportunity to notify about cancellation of the reservation. The latter will be additionally charged with the service commission fee and the penalty in amount of 50 GEL, if such cancellation is done during 24 hours upon transfer of the motor vehicle, and 25 GEL - before 24 hours. In such case, the Lessor will be charged with payment of the insurance value.
9.7. The Lessor is entitled to preliminarily terminate the Agreement if the Lessee substantially deteriorates the technical standing or the external appearance of the lease object. In such case the rent fee, the insurance value and the service commission fee shall not be returned to the User.
9.8. The lessee is entitled, upon transfer of the motor vehicle into the factual (direct) possession, at any time to terminate the Lease Agreement. In such case, the Lessee shall not receive the repaid amount, among them the insurance value.
9.9. In case of cancellation of the lease relations, the Lessee is liable to return the motor vehicle to the Lessor.
9.10. The Lease Agreement and the reservation might be terminated according to the decision of the Service Provider at any time if the transaction is suspicious and covers the signs of violation of this Agreement of the effective legislation of Georgia. In such case, the Lessee shall fully receive the car lease commission and value, except for the amount paid for the insurance police.
9.11. This Agreement might be terminated in other cases as foreseen with the effective legislation of Georgia.
10. Disputes Resolution
10.1. All the disputes and the discrepancies, which might incur due to this Agreement and related thereto shall be solved via amicable negotiations as agreed upon by and between the Parties, and if the Parties fail to agree, the dispute shall be tried according to the effective legislation at the territory of Georgia, by Tbilisi City Court.
10.2. The relations incurred due to this Agreement shall be regulated pursuant to the Law of Georgia.
11.1. The Parties shall get in touch via webpage or by any other means, among them email, telephone, etc.
11.2. The Lessee and the Lessor are not entitled to settle relations outside the web-page for avoidance of payment of the commission fee set for the service or aiming to decrease the commission fee.
11.3. The Parties agree upon to receive the notification electronically, via SMS or by any other means, and to undertake liability for the web-page by agreeing to these terms and the conditions.
11.4. Any action implemented with the mobile application shall equal to the operation implemented with the web-page.
11.5. The Parties, independently from the Service Provider, shall pay the taxes and other fees, and the Service Provider shall not undertake the liability of the tax agent.
11.6. It is known to the User and the later agrees upon that the Service Provider reserves the right to keep the information about the bank accounts and the bank card of the User, and for securing of implementation of the liabilities foreseen with this Agreement, to arrange for the amount withdrawal without acceptance from the bank accounts, notwithstanding the fact that the User cancelled the profile or deleted the information from the web-page.
11.7. These terms and conditions are drawn up in Georgian, Russian and English languages. In case of discrepancies by and between Georgian, Russian and English texts, the Georgian version shall prevail.
11.8. Any modification/change might be introduced into this Agreement by the Service Provider unilaterally. Full information about the modifications/changes introduced shall be sent to the personal account of the latter as well as the email address.
11.9. In the event if the User does not agree to the modification/change introduced into the Agreement, the latter is entitled to close the account and to terminate this Agreement once, the User fully renders the service and implements the liabilities towards other users.
11.10. In the event if the User does not agree to the modification/change of the Agreement, the latter shall in the term of 5 (five) days upon receipt of the relevant notification, via web-page or by email to communicate to the Service Provider that the latter does not agree to this Agreement. In such case, the User can not reserve, rent and/or lease the motor vehicle, though modification/change introduced into the Agreement shall not apply to the latter.
11.11. In the event if the User, in the term of 5 (five) days upon receipt of the relevant notification, does not claim or reserves, gives and/or takes under the motor vehicle, that will mean that the latter agrees to the modification/change introduced into this Agreement.