PUBLIC OFFER for the Provision of Car Rental Services
GENERAL PROVISIONS
1.1. This Public Offer (hereinafter referred to as the "Offer") is an official proposal by "LuxServis" (hereinafter referred to as the "Lessor"), located at 4a Novokostiantynivska Street, Kyiv, 04080, Ukraine, addressed to an indefinite circle of individuals (hereinafter referred to as the "Renter"), to conclude a Car Rental Agreement (hereinafter referred to as the "Agreement") on the terms set forth below.
1.2. In accordance with Articles 633 and 641 of the Civil Code of Ukraine, this Offer is a public offer, and its full and unconditional acceptance is the performance by the Renter of the actions specified in clause 1.4 of this Offer.
1.3. This Offer may be amended by the Lessor unilaterally without prior notice. The new version of the Offer comes into force from the moment it is posted on the Lessor's website (hereinafter referred to as the "Website") and/or in the "LuxServis" mobile application (hereinafter referred to as the "Application"), unless otherwise provided by the new version of the Offer.
1.4. Acceptance of the Offer is carried out by the Renter performing one of the following actions:с
Registering in the Application and/or on the Website;
Booking a vehicle through the Application and/or the Website;
Signing the Vehicle Acceptance Certificate;
Making a payment for the car rental services.
1.5. By accepting the Offer, the Renter confirms that they:
Have read and agree to the terms of this Offer;
Have full legal capacity;
Are at least 21 years of age;
Hold a valid category "B" driver's license with at least 2 years of driving experience;
Consent to the processing of their personal data in accordance with the Privacy Policy.
SUBJECT OF THE AGREEMENT
2.1. The Lessor provides the Renter with a vehicle (hereinafter referred to as the "Vehicle") for temporary use for a fee on the terms defined by this Offer and specified when booking the Vehicle through the Application and/or the Website.
2.2. The specific model, characteristics, configuration, technical condition, rental cost, and other rental conditions of the Vehicle are determined during the booking process through the Application and/or the Website and are recorded in the Vehicle Acceptance Certificate.
PROCEDURE FOR PROVIDING SERVICES
3.1. To receive car rental services, the Renter shall perform the following actions:
Register in the Application and/or on the Website;
Select an available Vehicle for rent;
Specify the desired start and end dates and times of the rental period;
Confirm the booking and make the payment;
At the appointed time and place, receive the Vehicle, inspect its technical condition and configuration, and sign the Vehicle Acceptance Certificate;
At the end of the rental period, return the Vehicle to the Lessor in the condition in which it was received, subject to normal wear and tear.
3.2. Upon receiving the Vehicle, the Renter must present the following documents:
Passport of a citizen of Ukraine or another identity document;
Category "B" driver's license;
Individual Taxpayer Registration Number (RNOKPP) – for citizens of Ukraine;
Other documents, if required by the rental conditions for the specific Vehicle.
3.3. The Lessor has the right to refuse to provide rental services without explaining the reasons.
RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Lessor is obliged to:
Provide the Renter with a Vehicle in a technically sound condition, suitable for its intended use;
Provide the Vehicle with the necessary documents (registration certificate, compulsory civil liability insurance policy);
Instruct the Renter on the rules of Vehicle operation;
Ensure the confidentiality of the Renter's personal data in accordance with the Privacy Policy;
Fulfill other obligations stipulated by this Offer in a timely and complete manner.
4.2. The Lessor has the right to:
Demand that the Renter comply with the terms of this Offer;
Demand compensation from the Renter for damages caused to the Vehicle due to the Renter's fault;
Demand the early return of the Vehicle in case of the Renter's violation of the terms of this Offer;
Remotely monitor the location and technical condition of the Vehicle using a GPS tracker and other technical means;
Amend the terms of this Offer unilaterally.
4.3. The Renter is obliged to:
Comply with the terms of this Offer and the Traffic Regulations;
Use the Vehicle strictly for its intended purpose and within the territory of Ukraine, unless otherwise agreed with the Lessor;
Ensure the safety of the Vehicle and its components;
Not perform any maintenance, repairs, or modifications to the Vehicle without the Lessor's consent;
Bear all costs associated with the operation of the vehicle (car wash, refueling, windshield washer fluid, tire inflation, wheel balancing, parking, etc.).
Notify the Lessor of the early return of the Vehicle and termination of the Agreement during the Lessor's business hours, but no later than 24 hours before the scheduled return time. In this case, the Lessor will recalculate the rental fee based on the tariff for the actual period of use. The Lessor reserves the right to withhold 30% of the refund amount.
Not transfer the Vehicle to third parties;
Not use the Vehicle for towing other vehicles, transporting cargo in violation of the Vehicle's technical capabilities, participating in sports competitions, or for driving instruction;
Not operate the Vehicle under the influence of alcohol, drugs, or other intoxicants;
Immediately inform the Lessor of any technical malfunctions, traffic accidents, or other events that have caused or may cause damage to the Vehicle;
In the event of a traffic accident, call the patrol police, remain at the scene of the accident, and immediately notify the Lessor;
Pay for rental services in a timely and complete manner and compensate for any damages caused to the Vehicle due to the Renter's fault;
Return the Vehicle with the same fuel level as indicated in the Acceptance Certificate. The Vehicle must be returned clean. If the Vehicle is returned with a lower fuel level, the Renter shall pay the Lessor the amount required for refueling based on the cost of 1 liter of fuel specified in Appendix 1 to this Agreement.
Return the issued documents and keys for the Vehicle to the Lessor. If for any reason the keys and/or documents are not returned, the Renter must pay the cost of their replacement (the price is specified in Appendix 1 to this Agreement).
Immediately pay all invoices for the elimination of defects in the Vehicle discovered within 2 days after the Vehicle's return as per the Certificate. The Lessor has the right to charge the Renter's card for the elimination of defects or deficiencies discovered during the rental period within two days after the Vehicle's return.
4.4. The Renter has the right to:
Use the Vehicle on the terms defined by this Offer;
Receive technical support and consultations from the Lessor regarding the Vehicle's operation;
Cancel the rental services in compliance with the cancellation policy defined in the Application and/or on the Website.
4.5. The Renter is not permitted to cross the border of Ukraine or enter the temporarily occupied territories of Ukraine, settlements where state authorities temporarily do not exercise their powers in full, or areas of the Anti-Terrorist Operation (ATO) without prior written consent from the Lessor. In case of such a violation, the Renter shall pay a fine in double the amount of the Security Deposit stipulated by this Agreement, as well as all other losses and expenses related to such violation. In this case, the Lessor has the right to take all measures to locate the Vehicle, retrieve it independently (repossess it from the rental), and is not responsible for the Renter's belongings left in the Vehicle.
4.6. The Renter is notified and agrees, by signing the Acceptance Certificate, that any damage to the Vehicle and/or any other loss caused to the Lessor that does not exceed the amount of the Security Deposit for the Vehicle is not covered by the Vehicle's Insurance and is therefore compensated by the Renter in full through the Lessor's retention of the Security Deposit. Furthermore, damage to the Vehicle exceeding the Security Deposit amount is compensated by the insurance company, minus the Security Deposit and deductibles specified in this Agreement. Therefore, the Lessor is entitled to irrevocably retain the Security Deposit from the Renter and demand compensation in the amount of the Lessor's Insurance Company's deductibles.
COST OF SERVICES AND PAYMENT PROCEDURE
5.1. The cost of Vehicle rental services is determined according to the rates posted in the Application and/or on the Website and is fixed at the time of booking.
5.2. The cost of rental services may include:
The base rental cost per day or per hour;
The cost of additional services (child seat, GPS navigator, Vehicle delivery, etc.);
The cost of insurance and the security deposit;
Other payments as stipulated by the rental conditions for the specific Vehicle.
5.3. Payment for rental services is made by the Renter in one of the following ways:
By bank card through the Application and/or the Website;
By bank transfer to the Lessor's account;
In cash upon receiving the Vehicle;
By other methods available in the Application and/or on the Website.
5.4. When booking the Vehicle, the Renter makes an advance payment in the amount specified by the rental conditions for the specific Vehicle. The remaining balance is paid upon receiving the Vehicle, unless otherwise provided by the rental conditions.
5.5. Upon receiving the Vehicle, the Renter provides a Security Deposit in the amount specified by the rental conditions for the specific Vehicle. The Security Deposit is returned to the Renter upon the return of the Vehicle in proper condition, minus any amounts required to cover damages caused to the Vehicle by the Renter's fault (if any).
5.6. The amount of the Security Deposit is specified in the Acceptance Certificate. The Lessor has the right to use the Security Deposit to satisfy any claim against the Renter arising from the terms of this Agreement or the current legislation of Ukraine. The unused balance of the Security Deposit is returned to the Renter after all their obligations under this Agreement have been fulfilled, and after the technical inspection of the Vehicle and the signing of the "Vehicle Condition After Rental" section of the Acceptance Certificate. In case of refusal to sign the relevant section of the Certificate (or the Renter's failure to appear for any reason to sign it) upon returning the Vehicle, and if the condition of the Vehicle upon return does not meet the requirements of the Agreement, the Lessor has the right to withhold all or part of the Security Deposit to repair the damage to the Vehicle or restore it to its original condition, in accordance with Appendix 1 to this Agreement and/or the estimated cost of necessary repairs as determined by a work order from a service station chosen by the Lessor.
5.7. The Security Deposit is not returned (or not returned in full) if the Renter refuses to compensate for damages caused by the use of the vehicle (including loss of components) and for delays in payment for the use of the vehicle.
5.8. In case of delayed payment for the use of the Vehicle, the Renter shall pay the Lessor a penalty of 15% of the daily rental cost for each day of delay. The penalty accrues from the day following the last paid day.
5.9. The parties agree that the Renter shall reimburse the Lessor for the insurance deductible, which is 10% of the Vehicle's value (the Vehicle's value is indicated in the Acceptance Certificate), in the event of the Vehicle's theft and/or total loss, as well as damage to the vehicle exceeding 70% of its value.
LIABILITY OF THE PARTIES
6.1. For non-performance or improper performance of obligations under this Offer, the Parties shall be liable in accordance with the legislation of Ukraine and the terms of this Offer.
6.2. The Renter bears full financial liability for damages caused to the Vehicle due to their fault, including in the case of:
Damage to the Vehicle as a result of a traffic accident caused by the Renter's fault;
Damage to the Vehicle as a result of violating the operating rules;
Theft of the Vehicle as a result of the Renter's violation of the terms of this Offer;
Other cases provided for by the legislation of Ukraine and the terms of this Offer.
6.3. In case of a delay in returning the Vehicle, the Renter shall pay the Lessor a fine in the amount specified by the rental conditions for the specific Vehicle.
6.4. If facts of transferring the Vehicle to third parties, using the Vehicle while intoxicated, participating in races, rallies, competitions, towing other vehicles, transporting prohibited goods, and other gross violations of this Offer are discovered, the Lessor has the right to demand the early return of the Vehicle and payment of a fine in the amount specified by the rental conditions for the specific Vehicle.
6.5. If the Renter fails to return the Vehicle at the agreed time and place, or if the delay exceeds 2 hours, they shall pay the Lessor a fine equal to the amount of the Security Deposit stipulated by this Agreement, as well as all other losses and expenses related to such non-return. In such a case, the Lessor has the right to take all measures to locate the Vehicle, retrieve it independently (repossess it from the rental), and is not responsible for the Renter's belongings left in the Vehicle.
6.6. If the Renter has not washed or cleaned the vehicle before returning it, they are obliged to pay for the car wash (the cost is specified in Appendix 1 to this Agreement), and the Security Deposit will only be returned after the vehicle has been washed and visually inspected.
6.7. A Renter at whose fault the Vehicle is under repair undertakes to compensate the Lessor for lost profits, determined by the daily rental fee as specified in the Acceptance Certificate, for each day the Vehicle is under repair. The costs of transporting the vehicle to the Lessor's service station or another location specified by the Lessor shall be borne by the Renter.
6.8. If, due to the Renter's fault, the Lessor cannot claim compensation from the Insurance Company, or if the rented Vehicle was not insured and the Renter was informed of this, the Renter bears full financial liability for the Vehicle.
6.9. In the event that the Renter causes damage to the vehicle's visual or technical condition, or in other cases where the Lessor has the right to deduct funds from the security deposit at its discretion, and these funds are insufficient (or have been exhausted), the Renter must return the vehicle (in which case, the days paid for until the end of the rental term are not refunded) or replenish the security deposit to its full amount and continue the rental.
6.10. In case of systematic violation of the terms of this agreement, the Lessor reserves the right to repossess the vehicle without returning the security deposit and without compensating for the days paid until the end of the rental term.
6.11. The Lessor is not liable for:
Losses caused to the Renter or third parties as a result of the Renter's operation of the Vehicle;
Loss of or damage to property left in the Vehicle;
Technical malfunctions of the Vehicle that did not arise from the Lessor's fault;
Other circumstances that did not arise from the Lessor's fault.
6.12. Renter's liability for violation of vehicle operation conditions:
The amount of penalties for exceeding the permitted speed is determined by the severity of the violation:
20 to 40 km/h over the limit – 1000 UAH
Over 40 km/h over the limit – 2000 UAH
The amount of penalties for exceeding the mileage limit is charged as follows:
Economy class – 6 UAH per kilometer
Comfort class – 10 UAH per kilometer
Business class – 20 UAH per kilometer
Premium class and SUVs – 40 UAH per kilometer
The permitted mileage is established when booking the vehicle.
The fact of exceeding the speed or mileage limit is established based on:
GPS tracker data
Odometer readings
Materials from the patrol police
Video and photo evidence
Fines for speeding and exceeding the mileage limit are subject to immediate payment and may be deducted from the Security Deposit.
TERM AND TERMINATION OF THE AGREEMENT
7.1. The Agreement is considered concluded from the moment the Renter accepts the Offer and is valid until the Parties have fully fulfilled their obligations.
7.2. The Agreement may be terminated early:
By mutual agreement of the Parties;
At the initiative of one of the Parties in cases provided for by this Offer and the legislation of Ukraine;
In the event of a material breach of the terms of this Offer by one of the Parties.
7.3. The Lessor has the right to unilaterally terminate the Agreement and demand the early return of the Vehicle if the Renter violates the terms of this Offer.
DISPUTE RESOLUTION
8.1. All disputes and disagreements arising between the Parties under or in connection with this Offer shall be resolved through negotiations.
8.2. If a dispute cannot be resolved through negotiations, it shall be settled in court in accordance with the legislation of Ukraine.
FORCE MAJEURE
9.1. The Parties are released from liability for non-performance or improper performance of obligations under this Offer in the event of force majeure circumstances that the Parties could not have foreseen or prevented by reasonable measures.
9.2. Force majeure circumstances include: natural disasters, fires, military actions, strikes, terrorist acts, changes in legislation, actions of state authorities, and other circumstances beyond the control of the Parties.
9.3. A Party referring to force majeure circumstances must immediately notify the other Party of the occurrence of such circumstances and provide supporting documents within 5 (five) calendar days.
FINAL PROVISIONS
10.1. This Offer is governed by the legislation of Ukraine.
10.2. If any provision of this Offer is found to be invalid or unenforceable, it shall not affect the validity of the other provisions of the Offer.
10.3. This Offer is made in the Ukrainian language.
10.4. In all matters not regulated by this Offer, the Parties shall be guided by the legislation of Ukraine.
10.5. Lessor's Contact Information:
Name: "LuxServis"
Address: 4a Novokostiantynivska Street, Kyiv, 04080
Phone: +38(067)-801-05-31
Email: avtomobil@ukr.net
FOP Smolnikova L.P.