Rent terms

Public contract of short-term car rental offers

Short-term car rental service, including car, taxes, seasonal tires.

The executor is a legal entity, an individual is an entrepreneur who draws up a contract and receives payments for car rental. Employee, authorized person.

The user is a natural person who uses the service and has a contractual legal relationship.

Use of the car rental service - a set of actions of the User aimed at making a trip by car may include: booking a car, renting a car, making payments for services.

This contract is an official and public offer of the Contractor to conclude a car rental contract presented on the website www.luxservis.com.ua. This contract is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one User over another. By entering into this Agreement, the User fully accepts the terms and conditions of placing an order, paying for the service, delivering the car, returning the deposit, liability for an unscrupulous order, and all other terms of the agreement. The contract is considered concluded from the moment the "Order" button is clicked on the order page in the "Reservation" section and the User receives an electronic confirmation of the order from the Contractor.

1. Definition of terms

1.1. Public offer (hereinafter referred to as the "Offer") is a public offer by the Contractor, addressed to an unspecified number of persons, to conclude a remote car rental contract with the Contractor (hereinafter referred to as the "Agreement") on the terms contained in this Offer.

1.2. The car rental service is the object of the agreement between the parties, which was chosen by the User on the website, or already purchased by the User from the Contractor remotely.

1.2. The Contractor's website at the address www.luxservis.com.ua was created for the conclusion of car rental service contracts based on the User's familiarization with the description of the service offered by the Contractor via the Internet.

1.3. The User is an able-bodied natural person who meets all the requirements imposed on the User by this Agreement, in particular, having the right to drive vehicles in accordance with the requirements of the current legislation of Ukraine, not having any contraindications for driving vehicles provided for by the current legislation, being at least of age 23 (twenty-three) years, and driving experience - at least 2 (two) years, meet the requirements set by the current legislation of Ukraine for a person who has the right to drive vehicles. These requirements for the User are not exhaustive. Receives information from the Contractor, places an order regarding car rental presented on the site for purposes not related to the implementation of business activities, or a legal entity or an individual entrepreneur.

1.4. The executor is "Smolnikova L.P." (identification code 3044719641), a legal entity that was created and operates in accordance with the current legislation of Ukraine, whose location is: Ukraine, Kyiv, str. Novokonstyantynivska, bldg. 4a.

2. Subject of the Agreement

2.1. The Contractor undertakes to transfer the car for short-term rental to the User, and the User undertakes to pay for and accept the car rental service under the terms of this Agreement.

The security deposit (the amount of the deposit, which is blocked before the start of the trip), is established and determined by the Contractor as such, which corresponds to the level of security, sufficiency for the trip. The User gives his consent to the withdrawal by the Contractor or an agent (payment system) engaged by the Contractor of funds from the User's bank card (the bank card specified by the User) in order to repay any payments provided for in this Agreement in a non-acceptance manner, without obtaining additional consent of the User, in that including, thus charged for providing the luxservis.com.ua Service, fines, fuel, car wash, fines, compensation for damages, expenses of the Contractor arising from non-fulfillment and/or improper fulfillment of the Agreement by the User, amounts of additional and special tariffs, franchise amounts, other amounts in cases provided for by current legislation and this Agreement. The refund of funds (deposit) is made to the User's bank account from which the debit was made, within 2 (two) business days from the moment of the decision, unless a longer period is established (by internal banking procedures). The Contractor can unilaterally raise or lower the amount of blocking for each specific User, group of Users, depending on their rating and according to their beliefs. The User undertakes to compensate the amount of losses (damages) caused to the Contractor, which occurred as a result of the User's violation of any guarantees or obligations under this Agreement. The amount of loss (damage) is determined by the Contractor himself unilaterally or with the help of an assessment of a maintenance station, an expert and/or an appraiser or an insurance company. The User unconditionally agrees to compensate the Executor for losses (damages) determined in accordance with the terms of this clause of this Agreement within 7 (seven) days from the day the Executor sends the corresponding demand to the User, including, but not exclusively, by sending the demand to the User's e-mail. The Contractor at his own discretion chooses the way of assessing the amount of damages (damage), which the User unconditionally agrees with.

Property and documents in the car - things accompanying the car, including those that are its standard or additional equipment, documents, etc. The specified property can include, in particular: car registration documents (certificate of registration), OSAGO policy, wires for charging mobile devices, holders for mobile phones, snow brushes, number plates, spare wheel, jack and cylinder key, covers for seats and steering wheel, car keys, etc. Acceptance and handover of the Car to the service is carried out between the Contractor and the User by drawing up an act of acceptance and handover, namely: the User takes photos of the car, existing damages, or the User refuses to take a photo. The user is invited to take a photo of the car from 4 angles, the angles are indicated. The number of photos is not limited to four, and the User can take any number of photos (videos).

Payment card, bank card, card – a bank card that uses one of the payment systems and, according to the User, belongs to the User.

A car is a passenger vehicle that is leased to the User under the terms of this contract. It is allowed to use bank cards of only those payment systems specified on the website luxservis.com.ua.

Support service - employees of the Contractor, third parties cooperating with the Contractor under contracts, who provide consultations and resolve issues related to the use of the service, cases of car damage, assistance to the User by phone, e-mail, messengers, and other means of communication specified on the luxservis website .com.ua.

2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of full and unquestionable acceptance by the User of the terms of the Contract shall be considered the date when the User fills out the order form located on the website, provided that the User receives an electronic confirmation of the order from the Contractor. If necessary, at the request of the User, the Agreement can be executed in writing.

3. Placement of the Order

3.1. The user places an order independently in the "Order" form, or by placing an order by e-mail or by phone number indicated in the contact section of the site.

3.2. The Contractor has the right to refuse to transfer the order to the User in the event that the information provided by the User at the time of placing the order is incomplete or raises suspicions about their validity.

3.3. When placing an order on the website, the User undertakes to provide the following mandatory information necessary for the Contractor to fulfill the order:

3.3.1. Surname, first name of the User;

3.3.2. The address to which the car should be delivered (if delivery to the User's address);

3.3.3. Contact phone number.

3.3.4. Identification code for a legal entity or an individual entrepreneur.

3.4. The name, quantity, and price of the car chosen by the User, specified in the User's order form on the website.

3.5. If any of the parties to the contract needs additional information, he has the right to request it from the other party. If the User does not provide the necessary information, the Contractor is not responsible for providing quality service to the User when purchasing on the site.

3.6. When placing an order through the Contractor operator (clause 3.1. of this Offer), the User undertakes to provide the information specified in clauses 3.3 - 3.4. of this Offer.

3.6. The User's acceptance of the terms of this Offer is carried out by the User entering the relevant data in the registration form on the website or when placing an Order through the operator. After placing the Order through the Operator, the User's data is entered into the Contractor's database.

3.7. The User is responsible for the accuracy of the information provided when placing the Order.

3.8. By entering into the Agreement, i.e. by accepting the terms of this offer (proposed conditions for purchasing a car rental service), by placing an Order, the User confirms the following:

a) The user is fully and completely familiar with and agrees with the terms of this offer (offer);

b) he gives permission for the collection, processing and transfer of personal data, the permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the contract, the User confirms that he has been informed (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data", the purposes of data collection, as well as the fact that his personal data is transferred to the Contractor for the purpose of being able to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The User also agrees that the Contractor has the right to provide access and transfer his personal data to third parties without any additional notifications from the User for the purpose of fulfilling the User's order. The extent of the User's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by the User.

4 . Price and Delivery service

4.1 Service prices are determined by the Contractor independently and indicated on the website. All prices and services are listed on the website.

4.2 Prices for Goods and services may be changed by the Contractor unilaterally depending on market conditions. At the same time, the price of a separate unit of the Product, the cost of which has been paid in full by the User, cannot be changed by the Contractor unilaterally.

4.3. The price of the Product, which is indicated on the website, does not include the cost of delivering the car to the User. The cost of car delivery is paid by the User in accordance with the current tariffs on the website.

4.4. The price of the car rental service indicated on the website does not include the cost of delivering the car to the User's address.

4.5. The Contractor can indicate the approximate cost of delivering the car to the User's address when the User makes a corresponding request to the Contractor by sending a letter to the e-mail or when placing an order through the site operator.

4.6. The User's obligations to pay for the car rental service are considered fulfilled from the moment the funds are received by the Seller on his account.

4.7. Settlements between the Contractor and the User for the Car are made by the methods specified on the website in the "Additional services" section.

4.8. When receiving the car, the User must check the conformity of the car according to the act of acceptance (deposit, number of days, completeness of the car) in the presence of the manager.

4.9. When accepting the car, the user or his representative confirms with his signature in the car rental contract that he has no complaints about the order.

5. Rights and obligations of the Parties

5.1. The executor is obliged to:

5.1.1. Transfer the car to the User according to the rental agreement in accordance with the terms of this Agreement and the User's order.

5.1.2. Not to disclose any private information about the User and not to provide access to this information to third parties, except for cases provided by law and during the execution of the User's Order.

5.2. The executor has the right to:

5.2.1 Change the terms of this Agreement, as well as the prices for services, unilaterally by posting them on the website. All changes take effect from the moment of their publication.

5.3 The user undertakes to:

5.3.1 Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Contractor on the website.

5.3.2 In order for the Executor to fulfill his obligations to the User, the latter must provide all the necessary data that uniquely identify him as a User and are sufficient for the delivery of the ordered car to the User.

6 . Responsibility

6.1. The Contractor is not responsible for damage caused by the User or third parties as a result of the use or storage of the vehicle ordered from the Contractor.

6.2. The Contractor is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the User provides inaccurate or erroneous information.

6.3. The Contractor and the User are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

6.4. The Contractor or the User are released from responsibility for full or partial non-fulfillment of their obligations, if the non-fulfilment is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Contractor and/or User after concluding this contract. A Party that cannot fulfill its obligations shall immediately notify the other Party thereof.

7 . Privacy and protection of personal data.

7.1. By providing his personal data on the website when registering or placing an Order, the User gives the Contractor his voluntary consent to the processing, use (including transfer) of his personal data, as well as taking other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the term of such consent.

7.2. The Contractor undertakes not to disclose the information received from the User. Provision of information by the Contractor to counterparties and third parties acting on the basis of a contract with the Contractor, including for the fulfillment of obligations to the User, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine, is not considered a violation.

7.3. The user is responsible for keeping his personal data up to date. The Contractor is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the User or its inconsistency.

8 . Miscellaneous

8.1. This contract is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.

8.2. All disputes arising between the User and the Contractor shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the User and/or the Executor have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

8.3. The Contractor has the right to make changes to this Agreement unilaterally, provided for in clause 5.2.1. Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.

ADDRESS AND DETAILS   PERFORMER :

Ukraine, Kyiv, str. Novokonstyantynivska, bldg. 4a.

UA313052990000026003036211584 in

JSC CB "PRIVATBANK"

The receiver's code is 3044719641