Last Changes to Rental Agreement: 03 June, 2019
1.1. Lessor / Samokato – Limited liability company «Yamoto Samokato» (hereinafter Samokato), registration number 193198727, location: 16 Masherova av., office 1-А, Minsk, Belarus. Bank: CJSC "Alfa-Bank"
cheking account: BY37 ALFA 3012 2438 7300 5027 0000 , ALFABY2X
1.2. The tenant / you – a capable natural person who has reached the age of 18, who meets other requirements of this contract, has passed the registration and authorization procedure and has duly adhered to this contract.
2. Subject of contract
2.1. The parties entered into this agreement (the Agreement), in accordance with which the Lessor transfers the electric scooter (Scooter) to the Tenant for temporary possession and use, and the Tenant undertakes to use the Scooter in accordance with the requirements and conditions of the Agreement for their personal needs not related to entrepreneurial activities, and also undertakes to timely and fully pay the payments provided for by the Agreement.
2.2. The scooter is equipped with a hardware module that ensures the operation of the GPS tracking system, remote unlocking of the Scooter, as well as other functions necessary for the operation of the Samokato service.
2.3. Use of the Scooter is carried out by the Tenant in the form of self-service.
The rental service of the Scooter is organized by the Lessor through the use by the Tenants of the mobile application "Samokato App" (Application) - software available to the Tenants through the AppStore (itunes.apple.com) and / or Google Play (play.google.com) on the Internet, representing is an application developed for electronic devices (tablet, mobile phone, smartphone, etc.) running under the Android and Apple iOS operating systems, allowing registered and authorized users of the Application to search (select) Available Scooters, rental (temporary possession and use) of scooters, the completion of the lease, the cancellation of the lease and the performance of other functions stipulated by the Annex.
2.4. Under this Agreement, the Tenant has the right to repeatedly rent a Scooter.
3. PROCEDURE FOR CONCLUSION OF THE AGREEMENT
3.1. The contract is a contract of accession insofar as its conditions are determined by the Lessor in this form and are accepted by the Tenant only through accession to the Contract as a whole.
3.2. When joining the Agreement, the tenant confirms that he fully appreciated the possibility and necessity of concluding the Agreement (joining it), is fully acquainted with its terms, agrees with them and accepts the unconditional obligation to follow them.
3.3. The Tenant's accession to the Agreement occurs through the performance by the Tenant of certain actions (acceptance) confirming its consent for the conclusion of the Agreement, in particular:
- Registration of the Tenant in the Application using the mobile phone number and entering the confirmation code sent by the Lessor to the phone number specified by the Tenant;
- familiarization of the Tenant in full with the terms of the Agreement, by putting a mark ("tick") in a special field during registration in the Application;
- the provision by the Tenant of the data of a personalized bank card belonging to the Tenant, and direct debiting of it and returning an arbitrary amount.
In any case, the actions of the Tenant in using the Application and the Scooters, including the use of a bank card owned by the Tenant, to pay for the lease under the Agreement, the actions in the application to unlock the Scooter are the actions of the Tenant in fulfilling the terms of the Agreement.
3.4. The Lessor has the right to place for review the translation of the text of the Agreement into other foreign languages. At the same time, only the text in Russian is binding for the Parties. The Tenant confirms that he has fully familiarized himself with the Agreement in Russian, and also understands all the consequences of his actions to accede to the Agreement.
3.5. The Tenant confirms that, upon accession to the Agreement, provided the Lessor with reliable personal data, the Tenant complies with all the requirements imposed on it by the Agreement. The tenant bears the risks associated with the provision of false personal data. In the event of a change in personal data, the Tenant immediately notifies the Lessor about it.
3.7. By acceding to the Agreement, the Tenant agrees that the Lessor records the Tenant's conversations with the Lessor's support service and provides such records to third parties.
4. The order of the use of electric Scooter
4.1. The parties agree on the lease of a particular Scooter by the choice of a free Scooter by the Tenant using the Application.
4.2. The Tenant realizes and accepts that the Samokato Scooter rental is possible only through the Application installed on the Tenant's mobile phone with the obligatory use of certain functions (Internet access, transmission of location information (geolocation data), use of the built-in camera, as well as other functions involved by the Application). Using the Samokato service for renting Scooters, the Tenant undertakes to timely, independently and at his own expense, ensure that a mobile phone or other device has enough money in its account to use the mobile Internet, as well as to make incoming and outgoing calls, throughout the trip, as well as using the device functions necessary for the operation of the Application.
4.3. The receipt and return of the Scooter is carried out by the Tenant using the Application. The Scooter is identified by the individual number indicated on the Scooter's steering wheel, as well as used in the Application software and the Samokato technology platform.
4.4. Unlocking the Scooter in the Application by pressing the "Start trip" button is an action confirming the rental of the Scooter by the Tenant. Locking the Scooter in the Application by pressing the "End the trip" button with sending a photo of the Scooter is an action confirming the rental of the Scooter by the Tenant.
4.5. The rental period of the Scooter is calculated from the moment of receipt (unlocking) of the Scooter and until the moment of returning (locking) of the Scooter, and is reflected in the Appendix after the Scooter returns from the rental.
4.6. Acquisition of a Scooter, both at the beginning of the lease and during its implementation, in a manner not provided for in the Agreement, including by disabling the Scooter's security and control system, damage to the Scooter, preventing the control system from working, moving the Scooter without unlocking through the Application, using other data persons or other unauthorized use of the Scooter is unlawful and must be qualified in accordance with the law.
4.7. The tenant has the right to use the scooter only on the territory of the city where the scooter is located. Outside the specified territory, the use of a scooter is not allowed.
The Lessor has the right to limit the territory of use of scooters. In this case, the area outside the permitted area of use will be reflected in the Annex in a darkened form. A change in the restriction of the territory of use takes effect from the moment the map is changed in the Appendix.
4.8. Completion of a scooter rental is allowed only within the boundaries of the city in which the scooter is located, subject to the following conditions:
- The scooter will not interfere with the movement of pedestrians or vehicles;
- The scooter will not interfere with the work of utilities and other services;
- The scooter does not block exits, drives, exits or other ways of movement of pedestrians or vehicles;
- The scooter is not located in a private or closed area, to which access of any persons is restricted for 24 hours on any day of the week;
- The scooter is not located in places where there is no access to GPS / GLONASS systems, or to the Internet, or to mobile communication networks, in particular, but not exclusively, at the entrances of houses, in multi-level surface or underground parking lots, in underground passages, under bridges, etc.
4.9. At the end of the lease, the Tenant is obliged to leave the Scooter in a visible position, in a vertical position, using the steps provided for in the Scooter design.
4.10. When returning the Scooter, the Tenant is obligated to make in the Appendix a photographic record of the state of the Scooter and the observance of the rules applicable to the place of completion of the lease. The photographic materials attached by the Client must meet the following mandatory criteria: the entire Scooter is visible on the photographs; photographs are clear images in focus (without blurring), the angle of the photograph allows you to verify compliance with the rules of the place of completion of the lease.
4.11. The tenant undertakes to carefully use the Scooter, to ensure its safety during the lease, as well as to take all possible measures to prevent damage to the Scooter. Upon termination of the use of the Scooter, return it to the Lessor in proper technical condition in the manner prescribed by the Agreement.
The Tenant also undertakes not to mount (dismantle) any equipment, devices on the Scooter, not to repair or organize its implementation by third parties, not to use any technology and not to take any action that could harm the interests or property of the Lessor.
4.12. If damage is found on the Scooter, report it to the Lessor's support service and send a photo of the damage or contamination using Viber, Telegram messengers to the number specified in the Report a Problem section of the Appendix. In case of non-fulfillment of the specified obligation by the Tenant prior to the start of the lease, the latter does not have the right to refer to the fact that such shortcomings arose before the Tenant began using the Scooter.
The tenant also undertakes to promptly (as soon as possible) notify the support service of the theft of the Scooter or of any damages that occurred during the lease.
In case of any damage to the Scooter during its use, precluding the possibility of further movement or threatening more serious damage, the Tenant shall immediately stop using the Scooter.
4.13. Taking into account that electric energy is used to propel the Scooter, the Tenant agrees with the following conditions:
- the battery charge level will constantly decrease when using the Scooter (both in time and distance), and as the charge level decreases, the speed and other operational capabilities of the Scooter may decrease;
- the battery level is displayed in the Application and cannot be guaranteed by the Lessor in any way;
- the rate of loss of battery power when using the Scooter cannot be guaranteed in any way by the Lessor and will vary depending on the Scooter, road or weather conditions, as well as other factors;
- The tenant is obliged to check the battery level before using the Scooter;
- The Lessor does not guarantee the distance or time of use of the Scooter, based on the remaining battery level. The scooter can be discharged and stop working at any time during the rental, including before the tenant reaches his destination. If during the rental the Scooter does not have enough charge, the Tenant finishes the lease in accordance with the terms of the Agreement.
4.14. The number of Lessor's Scooters is limited, and therefore the Lessor does not guarantee the availability of Scooters in any place or time.
5.1. The tenant undertakes to use scooters in full compliance with the requirements of the rules of the road and other legislation. The tenant is solely responsible for violation of traffic rules and the consequences arising from such violations.
5.2. The tenant confirms that he is familiar with the operation of the Scooter, independently determines the sufficiency of his physical abilities and skills for driving the Scooter, as well as evaluates the weather and other operating conditions of the Scooter.
The tenant is responsible for all risks associated with the possibility of getting any injuries and illnesses due to the use of the Scooter. The Lessor strongly recommends using a safety helmet when renting a Scooter.
5.4. The Tenant bears full responsibility for the safe operation of the Scooter, while the Lessor is prohibited from performing the following actions that may lead to negative consequences for the Tenant, third parties or the Lessor's property:
5.4.1. Put heavy objects on the steering wheel, such as backpacks or bags, that can affect the management of the Scooter;
5.4.2. operate the Scooter with one hand or holding in one or both hands a backpack, bag or other item that can change the balance or disrupt the safe operation of the Scooter;
5.4.3. while driving the Scooter, use a mobile phone or other electronic device that may interfere with the safe operation of the Scooter;
5.4.4. operate the Scooter while under the influence of alcohol, drugs, medicines or other substances that may affect the ability to safely operate the Scooter.
5.4.5. carry a second person or child;
5.4.6. use other blocking mechanisms other than those provided by the Lessor;
5.4.7. use a scooter for racing or stunts, on dirt roads or in other conditions that could damage the scooter or cause harm to third parties or their property;
5.4.8. load scooter over 110 kg;
5.4.9. go down with a scooter on the subway or other places where there is no access to GPS / GLONASS systems, or to the Internet, or to mobile networks for more than 1 minute;
5.4.10. folding a scooter, including using a regular mechanism.
6. SETTLEMENT ORDER
6.1. The tenant pays the rent to the Lessor for the use of the Scooter.
6.2. When using the Scooter, the rental price is determined by summing the two parts of the rental payment:
- 1 Belarusian ruble - a fixed part of the rent charged regardless of the lease term;
- 0.24 Belarusian rubles per 1 minute of rent - a variable part of the rent, the final amount of which is determined depending on the lease term.
The rent calculated in accordance with this clause of the Agreement includes the amount of VAT.
The rental period of the Scooter is calculated in minutes and hours.
6.3. Payments under the Agreement are made by debiting funds from the Tenant's bank card.
To pay the rent, the Tenant must link his bank card to the account in the Application by entering the bank card details on the special Application page from which funds will be debited to the payments provided for by the Agreement.
The tenant confirms that he agrees to direct withdrawal of lease and other payments under the Agreement.
6.4. All payments are made through the acquiring CJSC «Alfa Bank». The following bank cards are allowed: Visa, Visa Electron, MasterCard, Maestro.
The CJSC «Alfa Bank» payment system meets all data transmission security requirements (PCI DSS). All confidential data is stored in encrypted form and as resistant to cracking as possible.
The possibility of making online payments is provided by the Tenant independently through the bank issuing a bank card. If the card supports 3-D Secure technology, the Tenant will be offered to go through the standard procedure of checking the cardholder on the page of the card issuing bank.
6.5. The lessor has the right to involve in the process of accepting payments other agents, payment providers, payment systems.
6.6. Funds to the account of payments stipulated by the Agreement may be debited by the Landlord from any cards with which you can pay for our services through the acquiring of Alfa-Bank
6.7. When the Tenant binds each bank card, a positive balance is checked on the Tenant's bank card, for which a cash amount of no more than 2 Belarusian rubles is written off, and returned to the Tenant's bank card within 24 hours from the date of debit. Checking a positive balance on the card can also be carried out before the start of renting a scooter.
6.8. The Lessor has the right to write off the Tenant's credit card at any time - before the start of the lease, during the rental process, or after the end of the lease. The Lessor also has the right to charge separately the fixed and variable parts of the rent.
6.9. In case of insufficient funds or the impossibility of debiting them from the Lessee's account after the end of the lease, the Lessor has the right to write off penalties from the Lessee's account in the amount of 0.15% (fifteen hundredths percent) of the amount of unpaid payments for each day of delay in their payment. The interest is calculated from the day following the day the lease ends, until the day the debt is paid off inclusively.
6.10. If the Tenant violates the terms of the Agreement, including the debt arising from the Tenant, the funds from the Tenant's card may be debited at any time as the funds are available on the Tenant's cards.
6.11. The Lessor has the right to notify the Tenant about the fact of withdrawal of funds, however, the Tenant undertakes to provide the connection of the sms-informing service about withdrawals from the card through the bank of the issuing bank card and independently monitor the specified withdrawals, as well as save payment data.
6.12. Payments using a bank card may be denied to the Tenant by the payment provider in the cases provided for by the legislation and the Agreement, including if there is no bank card option to make Internet payments; insufficient funds on a bank card; incorrect input of bank card data; expiration of a bank card, etc.
6.13. In the event of an erroneous debiting of funds from the Tenant's bank card, the latter is entitled to apply to the Lessor with the provision of documents confirming the erroneous debiting. Refunds are made to the Tenant's bank card within thirty (30) business days, unless a longer period is established by internal banking procedures. The procedure for refund is regulated by the rules of international payment systems. Return in cash is not allowed.
6.14. Erroneously debited funds until they are returned to the Tenant are not recognized as a commercial loan, interest on the use of such funds is not charged.
6.15. In case of lack of funds or impossibility of their debiting from the Tenant's account, as well as in case of a debt to the Lessor, the latter has the right to forcibly complete the rental of the Scooter or block the Tenant in the Application and suspend the Tenant's access to the rental service.
6.16. The parties agreed on the possibility of processing primary accounting documents individually by each of the Parties.
7.1. For non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties bear responsibility in accordance with the legislation and the Agreement.
7.2. The Tenant or another person to whom the Scooter was handed over by the Tenant is fully liable for actions committed when using the Scooter, including for violation of traffic rules, other legal requirements in connection with movement on the Scooter, in case of injury to third parties or property of third parties.
7.3. In the event of damage (damage or destruction) to the Scooter, equipment installed on them, damage to stickers, painting or other significant contamination of the Scooter, the Tenant shall reimburse the Lessor for any damages incurred due to this.
7.4. In case of violation by the Tenant of the conditions of clause 4.8, clause 4.9, clause 4.10, clause 4.11, clause 5.4. Of the Contract The Tenant shall pay a penalty to the Lessor in the amount of 200 Belarusian rubles for each violation of any of the specified conditions of the Contract.
7.5. In the event that the Tenant performs the actions stipulated in clause 4.7 of the Agreement, or violates the conditions of clause 4.12 of the Agreement, the Tenant pays the Lessor a fine of 1,000 Belarusian rubles for each fact of the specified actions or violations of any of the specified conditions of the Agreement.
7.6. The Tenant uses the Scooter at his own risk, and therefore the Lessor is not liable to the Tenant for any incidents of harm to the Tenant or its property related to the incompetent management of the Scooter, improper assessment by the Tenant of weather and other conditions of operation of the Scooter, improper choice of the route of the Tenant or the state of the road surface, improper inspection by the Tenant of the technical condition of the Scooter before the start of the movement, violation of the rules of the road by the Tenant and other imprudent actions of the Tenant, which entailed negative consequences for him during the use of the Scooter.
8. SETTLEMENT OF DISPUTES
8.1. All disputes and disagreements are resolved by the Parties through negotiations and in the claim procedure. The term for consideration and response to the claim is 10 calendar days.
8.2. If the Parties have not reached an agreement through negotiations or in a complaint procedure, disputes between the Parties shall be subject to consideration by the court at the location of the Lessor. If the Tenant is a non-resident of the Republic of Belarus, the Lessor has the right to choose the place of consideration of the dispute - the state court of the Republic of Belarus at the location of the Lessor or the state court at the location of the Tenant.
9. VALIDITY OF CONTRACT
9.1. The contract comes into force from the moment of its conclusion and is valid for an indefinite period.
9.2. The Parties agree that the Lessor has the right to amend the terms of the Agreement at any time. Changes to the terms and conditions of the Agreement enter into force upon expiration of three calendar days from the date of placement by the Lessor of changes or a new version of the Agreement on the Lessor's website - https://www.samokato.app
(Site), or in the Appendix.
9.3. The tenant undertakes to independently monitor changes to the terms of the Agreement on the Website or in the Application.
9.4. The continued use by the Tenant of the Samokato rental service of Scooters after such publication constitutes the consent of the Tenant with the modified Agreement.
9.5. If the Tenant does not agree with the changes, he has the right to refuse to perform the Agreement no later than 15 calendar days from the date of publication of the amended terms of the Agreement and to stop using the Samokato service for renting Scooters. In such a case, the Agreement shall be deemed terminated upon receipt of the notice by the Tenant. In the event that the Tenant continues to use Samokato's service for renting Scooters after the notification of a unilateral refusal, the Contract does not terminate and continues to be valid.
9.6. Either of the Parties has the right to unilaterally withdraw from the Agreement, notifying the other Party. The termination of the contract does not terminate the obligations of the Parties that arose before the termination of the Contract. Termination of the Agreement at the initiative of the Tenant is carried out only if there is no debt to the Lessor.
10. FINAL PROVISIONS
10.1. In connection with the conclusion of the Agreement, the Parties recognize the legal validity of documents, notifications and actions sent or carried out through the Application, the Site, using the Tenant's phone number or email addresses.
10.2. The Lessor notifies you of the change of its details through the Application or the Site. The Tenant notifies you of changes in its data by changing them in the Tenant's Account.
10.3. The tenant takes all necessary actions to protect his account in the Application, including the data necessary to access the Application. The Tenant bears the risk of unauthorized access by other persons to the Application using the Tenant's account. The Tenant confirms that any actions performed in the Application using the Tenant's account are regarded by the Parties as the Tenant's will.
10.4. The Tenant agrees that the data obtained by the Samokato technology platform is appropriate evidence of the period the Tenant uses the Scooter and the conditions for the completion of the lease.
11. Lessor requisites:
Limited liability company «Yamoto Samokato», registration number 193198727, Address: 16 Masherova av., office 1-A, Minsk, Belarus
Bank: CJSC "Alfa-Bank"
checking account: BY37 ALFA 3012 2438 7300 5027 0000 , ALFABY2X