Below are the General Terms and Conditions of the UAB Homero Rental Agreement
General Terms and Conditions of the Rental Contract for Electric Scooters and Electric Bicycles of UAB Homero (www.rentebike.lt) (version of 8 March 2021)
1. TRANSFER AND RETURN OF THE ITEM
1.1 The Item shall be handed over to the Lessee by signing the Gratuitous Rental Agreement (Special Conditions) (hereinafter referred to as the "Agreement"), which shall also constitute the Act of Handover and Acceptance of the Item. The necessary attachments to be transferred with the Item shall be specified in the Agreement.
1.2 The Renter assumes the risk of accidental loss of or damage to the Item and the liability for damage to the Item caused to himself/herself and/or to third parties:
1.2.1. during the rental period of the Item: from the moment of handing over the Item by signing the Contract until the return of the Item by confirming the return of the Item in the Contract;
1.2.2. during the testing of the Item: from the moment of the physical handover of the Item until the return of the Item to the Lessor, unless the damage was caused by the Item being in a state of technical disrepair;
1.3 If the Lessee is late in returning the Item to the Lessor, the Lessee must give the Lessor at least 1 hour's notice before the end of the Rental Period and agree on another time for the return of the Item or an extension to the Rental Period. If the Hirer fails to inform the Lessor of the delay in returning the Item within 24 hours of the expiry of the rental period, the Lessor has the right to report the theft of the Item to the police.
2. RIGHTS AND OBLIGATIONS OF THE LESSOR
2.1 The Lessor undertakes:
22.214.171.124. to let the Item to the Hirer on the terms and conditions and in the manner set out in this General Terms and Conditions Agreement;
2.1.2. to lease the Item to the Lessee on the terms and conditions set out in the Agreement;
2.1.3. to hand over to the Lessee all the dependencies of the Item specified in the Agreement and the documents relating to its operation,
2.1.4. to provide instructions on the use of the Item, to inform the Lessee about the defects of the Item (if any);
2.2 The Lessor shall have the right to:
2.2.1. enquire about the Renter's qualifications and experience in the use of similar items, ask for a document proving this if the use of the item requires special qualifications/experience;
2.2.2. take back the Item before the scheduled time or contact the police and declare a search for the Item if the Renter is in breach of this Agreement, posing a danger to others (e.g. if the Renter is using the Item for a purpose other than its intended use, if there are reports from the police of illegal acts, if the Global Positioning System (GPS) installed in the Item indicates that the Renter is violating the permitted use area).
2.2.3. require the Lessee to reimburse the following within ten (10) calendar days of the demand:
126.96.36.199. loss and damage suffered by the Lessor in the event of loss of or damage to the Item;
188.8.131.52. losses claimed by third parties or their insurance companies in the event of damage to third parties;
2.2.4. require the Renter to pay, within 10 (ten) calendar days of the demand, the penalties for the Renter's improper performance of this General Terms and Conditions Agreement and the Contract (e.g., returning the Item with incomplete handed over attachments, exceeding the permissible operating rate, etc.);
2.2.5. return the deposit paid by the Renter (after making the necessary reasonable deductions) no later than within 5 (five) calendar days from the moment of return of the Item, as recorded in the Act of Handover and Acceptance of the Item (the Contract);
2.2.6. provide a report to the Renter at the e-mail address specified in paragraph 1 of the Agreement on the deductions made from the Deposit paid by the Renter.
5. RIGHTS AND OBLIGATIONS OF THE TENANT
5.1 The Lessee shall:
184.108.40.206. accept the Item from the Lessor on the terms and conditions and in accordance with the procedure set out in the Contract and in this General Terms and Conditions Contract, making sure that all the necessary attachments and documents relating to the operation of the Item are present;
5.1.2. to use the Item during the rental period in accordance with the terms and conditions of this General Terms and Conditions Agreement and the Contract (e.g. for the agreed purpose, in the specified area, etc.), taking into account its technical characteristics (to use the Item with care as his/her own, to use the appropriate consumables, to clean and maintain the Item in the manner indicated in the instructions on the maintenance of the Item, etc.), and to use it in accordance with the principles of safety and prudence;
5.1.3. bear the costs of using the Item at its own expense;
5.1.4. to pay all fines imposed on the Hirer in connection with the unlawful use of the Item, including possible violations of the Road Traffic Code, the Penal Code, the Penal Code and any other legislation;
5.1.5. to protect the Item handed over to the Renter with care and diligence (e.g., regularly checking the level of consumables, if necessary, storing the Item securely during use and non-use, not leaving it unattended or in the presence of minor children, even if only for a short time. The Lessee shall keep the Item, its accessories and documents safe from third parties, etc.)
5.1.6. return the Item in the condition set out in this General Conditions Contract and the Special Conditions Contract (e.g. with the specified transferred attachments, clean, etc.) in the same complete and technical condition in which it was rented, taking into account normal wear and tear of the Item. Upon return of the Item to the Lessor, the Lessee undertakes to complete and sign the part of the Transfer and Acceptance Deed contained in the Contract.
5.1.7. not to sublet, sublease or in any way encumber the rights of the Lessor in the Item without the Lessor's permission;
5.1.8. to inform the Lessor at least 1 hour in advance of the expiry of the rental period, and in all cases not later than 4 hours after the expiry of the rental period, of any delay in returning the Item at the time agreed in the Contract.
5.1.9. at the Lessor's request:
220.127.116.11. to pay the penalties specified in the Contract for improper performance of contractual obligations within the terms specified by the Lessor;
18.104.22.168. compensate the Lessor and any third parties for any losses incurred by the Lessor within the time limits specified by the Lessor in the Contract and in this General Part Agreement
5.2 The Lessee shall be entitled to:
5.2.1. without the Landlord's separate consent, to make, at the Landlord's expense, useful improvements to the Item, which, at the end of the lease term, may be separated from the Item without causing damage to the Item prior to the return of the Items to the Landlord;
5.2.2. to refuse to rent the Item if, after testing the Item, there are obvious defects in the technical condition of the Item which would: (i) involve foreseeable damage to the Item; (ii) endanger the safety of others and/or the Lessee; (iii) be likely to result in a situation where the Lessee would be prevented from using it.
6. USE OF THE ITEM
6.1 The Item may only be used by the persons specified in the Contract or, in the case of a company, by its authorised employees with the necessary qualifications and experience, if the use of the Item requires special qualifications.
6.2 The Item may not be used:
6.2.1. for commercial purposes, unless agreed with the Lessor beforehand;
6.2.2. under conditions incompatible with the safe use of the Item or the prevention of damage to the Item itself;
6.2.3. criminal and illegal acts;
6.2.4. if the Hirer is drunk, under the influence of narcotic drugs or any other strong medication which affects the human reaction and the ability to use the Item safely;
6.2.5. at sporting or traffic events where the rules of road safety are not observed;
6.3 The Hirer must check the level of consumables (e.g. tyre air pressure) each time the Item is used.
6.4 In the event of a breakdown of the Item, repairs shall be carried out only at a service centre for such items agreed with the Hirer and to the extent necessary as agreed by the parties;
7. THEFT, ACCIDENT, PUNCTURE/DAMAGE TO THE ITEM, OTHER DAMAGE TO THE ITEM
7.1 In the event of loss/loss of the Item, fire, accident, other damage to the Item, damage caused by third parties to the Item, or in the event of theft, the Lessee shall notify the Lessor, the police, the insurance company or other official authorities as soon as possible, depending on the extent of the damage, and shall demand that the event be investigated by the police.
7.2. documents from the police or other authorised authorities - shall be the basis for taking appropriate action against third parties for compensation for the damage caused.
7.3 The Renter is obliged to take measures to protect the Renter's interests in the event of an accident, fire, flooding or other damage during the rental period. The Lessee shall:
7.3.1. to rescue the Item immediately, to protect it from further deterioration and to eliminate causes that may increase the damage;
7.3.2. immediately report the incident to the police and obtain a police report;
7.3.3. inform the Lessor immediately of the incident.
7.4 The Lessor shall not be liable for any loss or damage to the Lessee's property or third parties caused by the Item left unattended by the Lessee.
8. LIABILITY OF THE PARTIES
8.1 The Lessee shall be fully liable to the Lessor for any damage to or defects in the Item caused by the Lessee's intentional or negligent acts.
8.2 The Renter undertakes to cover the damage caused to the rented Item in case there is no insurance, the insurance is invalid or the insurance company covers only a part of the damage caused. In the event of irreparable damage or theft during the rental period, the Lessee shall indemnify the Lessor for damages equal to the value of the item as specified in paragraph 2.1 of the Agreement. In the event of damage to the item or parts thereof, the Lessor shall indemnify the Lessee for damages equal to the market value of the damaged parts, including the cost of the repair work specified in Annex 1 to the Agreement. If the specific damage is not specified in Annex 1 to the Contract, the Lessor shall indemnify the Lessee on the basis of the market price of the parts and the hourly rate for repair service work, which shall be EUR 30 per hour excluding VAT.
8.3 The Renter assumes full responsibility for his/her health and life and for choosing a safe driving speed and manoeuvres.
8.4 In the event of loss of the belongings or documents of the Item, the Renter shall pay the Renter's full costs for the repurchase of the belongings or for the restoration of the documents.
8.5 The Lessor shall not be liable for any loss suffered by the Lessee as a result of the Lessee's inability to use the rented Item in the event of a breakdown of the latter, an accident or the like.
8.6 The Landlord shall be responsible for the correct declaration of its income on the basis that (i) the Landlord's income shall be the sum of the rental prices paid by the Tenant(s) for the rental of the Rental Items during the Landlord's accounting period; and (ii) the Landlord's expenses shall be the sum of the expenses incurred by the Landlord.
9. FINAL PROVISIONS
9.1 Disputes arising between the parties shall be settled by negotiation, failing which disputes arising out of or in connection with this Agreement shall be finally settled in accordance with the procedure provided for by the laws of the Republic of Lithuania.
9.2 The following shall be deemed to form part of this General Terms and Conditions Agreement: (i) the correspondence between the parties; (ii) the signed Contract (the Contract for the Lease of the Item for a Consideration (Special Terms and Conditions)); and (iii) the Agreements to amend and supplement the Contract (if any).
9.3 The Lease Agreement shall be executed in the Lithuanian language, in 2 (two) copies of equal legal force, 1 (one) of which shall be executed by each of the Parties.
9.4 The Lease Agreement shall enter into force upon the signing of the Act of Transfer and Acceptance of the Item in accordance with the procedure and under the terms and conditions set out in the Agreement.