1.1 These rules regarding lease and provision of Trafi services (hereinafter – Rules) establish:
1.1.1 Vehicle reservation management procedure;
1.1.2 Vehicle use procedure;
1.1.3 Requirements for persons using Vehicles and related undertakings of the Lessee;
1.1.4 Vehicle inspection conditions;
1.1.5 Other conditions related to the use of Vehicle.
1.2 These Rules indicate only the necessary information regarding the reservation and use of the Vehicle. While reserving and using the Vehicle, the Lessee must act in accordance with the criteria of reasonableness and fairness and must assure that the actions related to the reservation of the Vehicle are performed and the Vehicle is used as they should be performed and it should be used by a diligent Vehicle owner or other prudent and attentive person.
2.1 Lessor – UAB Ride Share, legal entity code 304136890, VAT code LT100009823012, address of registered office Konstitucijos av. 21C, Vilnius, Lithuania, which is Vehicle lease service provider called “Spark”.
2.2 Lessee – you as a legally capable natural person, which obtains driver license of the category B, valid for not less than 1 (one) year, and has unrestricted Trafi account, provided by the Intermediary. Each time when the Lessee registers in Trafi and begins to use the Vehicle, he/she unconditionally confirms by the respective action that he/she has the right to use the Vehicle under the conditions indicated in the Agreement and the Rules.
2.3 Intermediary – UAB “Intelligent Communications” administrator multi-platform called “Trafi”, legal entity code 300882953, address Labdarių str. 5, Vilnius, Lithuania.
2.4 Agreement – Vehicle lease and intermediary services agreement, concluded between the Intermediary and the Lessee.
2.5 Vehicle – an electrically propelled vehicle, which is provided by the Lessor to the Lessee for temporary possession and use in accordance with the procedure and terms indicated in this Agreement.
2.6 Vehicle System – an electronic system installed in the Vehicle, recording and delivering to the Lessor and the Intermediary the location of the Vehicle, distance covered by the Vehicle, Vehicle Use Period, as well as other data in relation to the Vehicle and its use.
2.7 List of Penalties – list of penalties for improper performance or failure to perform the Agreement and the Rules, indicated in Schedule 1 of the Rules.
2.8 Business Hours – business hours of the Lessor, i.e. time period from 9 AM to 5 PM Lithuanian time from Monday to Friday, except for the public holidays, provided in the legal acts of the Republic of Lithuania, as well as other exceptions indicated in the legal acts.
2.9 Charging Station – Vehicle electric charger, located at places indicated in Trafi, where the Lessee may take and/or leave the Vehicle. The list of Charging Stations is also provided in the Website.
2.10 Charging Station – Vehicle electric charger, located at places indicated in Trafi, where the Lessee may take and/or leave the Vehicle. The list of Charging Stations is also provided in the Website.
2.11 Price List – fees for the Vehicle lease and Services, as well as other fees, all of which are provided in Trafi.
2.12 Trafi – a real time data using multi-platform, available on Android, iOS and the Web, helping you to find the best possible way to commute from door to door by public transport, car sharing, ride hailing, cycling or walking, where Lessee may perform reservations, unlocking, locking of the Vehicle and/or other related actions.
2.13 Services – Vehicle maintenance (major and current repairs, technical service) services, compulsory insurance against civil liability for the vehicle’s holder and vehicle insurance (KASKO), all materials necessary for the exploitation of the Vehicle (e.g. electricity, windscreen washing fluid).
2.14 Website – website of the Intermediary under the address – www.trafi.com.
3.1 The reservation shall be performed by Trafi. Advance reservation is available before 15 minutes until the beginning of intended Vehicle use. To perform the reservation, the following actions must be executed:
3.1.1 Login to Trafi;
3.1.2 Select the desired Vehicle;
3.1.3 Confirm reservation of the Vehicle.
3.2 Confirmation of the reservation shall be generated on the display of the Lessee’s device.
3.3 In case the Lessee does not start using the Vehicle during 15 minutes since the moment of confirmation of reservation, the reservation of the Vehicle shall be automatically cancelled.
3.4 Time period for using the Vehicle, for which the Lessee shall pay the Lease and Services fees, shall be calculated from the unlocking of the Vehicle reserved by the Lessee and is accounted in accordance with the procedure and terms indicated in the Price List until the termination of the lease of the Vehicle by using Trafi and leaving the Vehicle at the location indicated in Sections 4.3.5. or 4.3.6. of these Rules.
4.1 Vehicle use Instruction::
4.1.1 The reserved Vehicle shall be unlocked upon selecting by the Lessee command “Unlock” on the screen of Trafi;
4.1.2 Each time, before starting to use the Vehicle, the Lessee must inspect the Vehicle (both inside and outside), check if the tires of the Vehicle are properly inflated, if the Vehicle’s electric battery’s power level is sufficient to ride 10 km (ten kilometers) or more, also check if there are no externally visible damage, defects and/or incompatibilities of the Vehicle or its equipment, and if such are found, immediately, before using the Vehicle, the Lessee must inform the Lessor by phone indicated in Trafi;
4.1.3 Inside the Vehicle the Lessee shall find an ignition key, a use instruction and Vehicle and insurance documentation. The Lessee shall check if all the documents indicated in the instruction, attachments and accessories of the Vehicle are present. If any of the aforementioned are missing or damaged, defected and/or have incompatibilities, the Lessee shall immediately, before using the Vehicle, inform the Lessor indicated in Trafi;
4.1.4 The Vehicle must be started up and it should be driven in the manner provided in the instruction, indicated in Section 4.1.3 of these Rules;
4.1.5 In case of temporary stopping, the Vehicle shall be locked and un-locked with the ignition key;
4.1.6 After using the Vehicle, the Lessee must return the Vehicle into the parking zone or Charging Station, indicated in the Mobile Application, leave the ignition key in the interior of the Vehicle, check if the Lessee did not leave any of his/her belongings and to make sure that he/she left in the Vehicle all the documents, attachments and accessories of the Vehicle, which are listed in the instruction found in the Vehicle;
4.1.7 After arrival to the location indicated in Section 4.1.6 of these Rules and getting out of the Vehicle, the Lessee shall select the command “Finish trip” on Trafi. The Lessee shall ensure that after he has left the Vehicle, the Vehicle is locked, all windows and sunroof are closed, the handbrake is pulled, and the Vehicle is parked in accordance with the Road Traffic Rules, other legal acts and security requirements.
4.2 Charging of the Vehicle’s battery:
4.2.1 The Lessee shall leave the Vehicle on charging mode at the nearest Charging Station, provided that the Vehicle’s battery charging level is sufficient to drive less than 10 km (ten kilometers).
4.3 Other terms for using the Vehicle:
4.3.1 The Lessee must ensure that the Vehicles are used for their intended purpose in accordance with the terms of the Agreement, producer’s recommendations and instructions for use, also in compliance with the Road Traffic Rules and requirements of other legal acts;
4.3.2 The Lessee is not entitled to use the Vehicle for racing, other sports or other purposes of competitive nature, as well as to use the Vehicle as a training vehicle, or in permanent increased load mode (carriage of heavy cargo etc.), for other purposes for which the Vehicle is not suited and to use the Vehicle to carry out activities that are prohibited under the legal acts of the Republic of Lithuania;
4.3.3 The Lessee must ensure that there shall be no smoking inside the Vehicle and if any animals are to be carried in the Vehicle, such animals must be carried in specially suited boxes, making sure that the Vehicle does not get dirty;
4.3.4 The Lessee must ensure that even if the Vehicle is parked only for a short period of time, the lights and player shall be turned off, the windows and sunroof shall be closed, and all the locks shall be locked up;
4.3.5 After completion of the lease, the Lessee shall park the Vehicle at any paid or free of charge parking space indicated in the scheme of Vilnius city’s local charge for vehicle parking zones (blue, red, yellow or green zone), as provided in the Mobile Application, or in the parking lot marked “Reserved SPARK” by the Lessor, or at the Charging Station;
4.3.6 The Lessee shall ensure that after completion of the lease, the Vehicle shall not be parked in private parking lots, yards and parking lots reserved for third party vehicles. The Lessee shall ensure that the Vehicle shall not be left in such places, where vehicle parking is forbidden by road signs and/or road markings. The Lessee is not entitled to leave the Vehicle in the zones where signs “Forbidden to Stop”, “Forbidden to Park” and “Reserved Parking Space” are valid, also to breach the Road Traffic Rules in any other way. The provision which prohibits to leave the Vehicle in the sign “Reserved Parking Space” validity zone is not applicable only in cases where additional panels “Electrical vehicles”, “Except electrical vehicles” are placed below the sign and in places which are reserved for SPARK electrical vehicles. This exception is not applicable in cases where below the sign is placed additional panel specifying or limiting the period of validity of the road sign. The provision which prohibits to leave the Vehicle in the signs “Forbidden to Stop”, “Forbidden to Park” and “Reserved Parking Space” validity zone is applicable in all cases where below the signs are placed additional panels specifying or limiting the period of validity of road signs, i.e. the Lessee is not entitled to leave the Vehicle in the zones where signs are valid and below the signs are placed additional panel specifying or limiting the period of validity of the road signs. The Lessee shall be held liable for breaches of the Road Traffic Rules and/or other legal acts or these Rules, for leaving the Vehicle at an improper place;
4.3.7 Any actions or attempts to scan the Vehicle’s system data, copy, change or remove such are strictly forbidden;
4.3.8 It is forbidden to drive the Vehicle out of the territory of the Republic of Lithuania.
5.1 The Lessee must return the Vehicle in the condition which is not worse than the one when the Lessee received the Vehicle, subject to its ordinary tear and wear. In determining whether the Vehicle’s suffered tear and wear is ordinary, the Parties shall refer to the guide prepared by the Lithuanian Auto-entrepreneurs Association of 1 March 2010 which is published in the latter association’s website: http://www.laa.lt/uploads/Atmintine_2010_03_01.pdf, (this guide shall be an inseparable part of the Agreement), also the requirements set by state technical inspection rules. Alongside other damage, ordinary tear and wear shall not be considered:
5.1.1 Parts being broken, deformed and otherwise damaged by mechanic or thermal means;
5.1.2 Devices and equipment being out of order;
5.1.3 Bodywork dents, paint layer cracks and vivid (paint layer damaged to the primer) scratches;
5.1.4 Paint layer depreciation as a consequence of intense washing and/or cleaning of the Vehicle;
5.1.5 Repair performed in poor quality and/or defects arising out of such poor quality repair;
5.1.6 Bodywork windshields’ cracks;
5.1.7 Bodywork windshields’ scratches, originating from messy use and/or cleaning of the Vehicle;
5.1.8 Interior damage such as burnt or stained seats, broken plastic front panel parts, trunk hood, windows’ opening handles, etc.;
5.1.9 Damaged geometry of bodywork.
5.2 If the Lessee, after completion of the Vehicle lease or by demand of the Lessor, in the case provided in Section 5.3 of these Rules, does not return the Vehicle in a proper manner, the Lessor and/or Intermediary shall at all times report to the police a Vehicle theft, also the Lessor shall have the right to block the ignition of the Vehicle.
5.3 The Intermediary is entitled to demand for return of the Vehicle at any time, in case the Lessee uses the Vehicle longer than 30 (thirty) days or uses the Vehicle dangerously and/or illegally and/or breaches these Rules and/or the Agreement. In such case, the Lessee shall return the Vehicle to the Lessor, bringing the Vehicle to any location indicated in Sections 4.3.5 or 4.3.6 of these Rules, no later than within 3 (three) hours since the moment of receipt of a demand from the Lessor (using Trafi or by any other means permitted by the legal acts). In case the Lessee fails to return the Vehicle to the Lessor on time, the Lessor is entitled to block the control of the Vehicle and take back the Vehicle.
5.4 The invoice for using the Vehicle shall be issued to the person who has been designated by the Lessee before the beginning of lease and is cannot be amended.
6.1 In case the Vehicle breaks down, warning signals appear on the dashboard, suspicious side sounds may be heard and/or there is no possibility to continue exploiting the Vehicle safely, the Lessee must immediately cease using the Vehicle, inform the Lessor by phone indicated in Trafi regarding the aforementioned and perform further instructions given by the Lessor.
6.2 In case the Vehicle is damaged due to a traffic accident or due to presence of any other circumstances, the Lessee shall immediately inform the Lessor and respective authorities (police, fire department, etc.), fill the traffic accident declaration and perform other necessary actions in order to avoid or mitigate imminent damage to the Vehicle and/or people and property.
6.3 The Lessee must ensure that the Vehicle is no longer used in case it is broken and such further use may lead to greater damage, increase losses or pose a threat to road safety.
7.1 The Lessee, driving the Vehicle, must possess valid category B driver’s license (at least 1 (one) year valid), must be sober and not under the influence of narcotic, psychotropic or other psychoactive substances. It is also prohibited to pass the Vehicle to drive to other persons.
7.2 The Lessee must comply with the Road Traffic Rules and any other requirements of legal acts while using the Vehicle.
8.1 Since the beginning of use of the Vehicle (Section 4.1.1 of the Rules) until the end (Section 4.1.7 of the Rules), the Lessee shall be fully liable for the Vehicle and he shall assume the risk and liability of hazardous source manager.
8.2 In any case, application of penalties determined in the Agreement and/or the Rules does not release the Lessee from the obligation to perform undertakings indicated in the Agreement and/or the Rules.
8.3 Failure to execute the rights provided in the Agreement and/or the Rules by the Lessee shall not constitute a waiver of such rights and partial execution of such rights shall not preclude further execution of such rights.
8.4 In case the Lessee fails to inform the Lessor about the damage, defects and/or other incompatibilities of the Vehicle, its equipment and/or documentation until the actual use of the Vehicle, the Lessee shall be liable for all the latter unveiled damages, incompatibilities and defects of the aforementioned.
8.5 In case the Lessee breaches the Road Traffic Rules and/or other legal acts which results in additional actions being performed by the Lessor (e.g. forwarding police notices, etc.), the Lessee shall pay the penalty set forth in the List of Penalties, as well as reimburse all the losses of the Lessor and the Intermediary incurred due to such breach.
8.6 In case the Lessee breaches the Rules/Agreement, penalties determined in the List of Penalties and in the Agreement shall be applied. The Lessee acknowledges that such penalty is modest and reasonable and agrees that it should not be reduced because upon agreement of the Parties, such penalty is considered as minimal and needless of proof losses of the Lessor, incurred due to the activities of the Lessee that breached the Rules/Agreement.
8.7 The Intermediary on behalf of the Lessor collects all contractual penalties (fines and interests) indicated in the Agreement and the Rules, Lease and Service fees, and all other fees and/or payments related to the use of the Vehicle via Trafi, as well as usage of Trafi.
9.1 The Lessor shall ensure that the Vehicle is in the working order and prepared for exploitation.
9.2 Vehicles are owed by the Lessor; therefore, the Lessor is entirely liable for the suitability of the Vehicle for its intended use, pre-existing Vehicle breakdowns and any other technical requirements of the Vehicle. If the Lessee suffers damage due to circumstances influenced by a Vehicle breakdown or inadequate preparation for use, the Lessor is directly liable to the Lessee.
9.3 Vehicle defects that do not have and shall not have any influence in the near future to the road safety as well as the defects that are not the consequence of an improper technical maintenance of the Vehicle by the Lessor, shall not be considered as defects.
9.4 The Lessor and the Intermediary are liable for the performance of undertakings indicated in the Agreement and must reimburse any direct losses of the Lessee which were incurred due to improper performance of undertakings by the Lessor. The Lessor and the Intermediary shall not be held liable for acts or omissions by local authorities or other third persons. Also, the Lessor and the Intermediary shall not be held liable for losses that the Lessee incurred or may incur due to inefficient use of the Vehicle and losses that have arisen due to the Vehicle failing to meet the Lessee’s expectations. In any case, the Lessor and the Intermediary shall not be held liable for any indirect losses and the losses which are compensated under the Agreement, are limited to the amount which would be paid by the insurance company that has insured the Lessor’s civil liability.
9.5 The Lessor and the Intermediary shall not be held liable for the losses of the Lessee that he suffered due to the fact that he could not use the Vehicle in the event of an accident or due to some other reasons outside the control of the Lessor and/or the Intermediary.
10.1 The Lessor and the Intermediary does not assume any risk or liability and are unconditionally released from such, in case the Lessee did not get familiar with the Rules and/or the Agreement, although such option was granted to the Lessee.
10.2 The terms and conditions referred to in these Rules may be amended by the Intermediary unilaterally and informing the Lessee of any amendments (amended Rules are published in Trafi). For this reason, the Lessee is recommended to get familiar with the Rules before the beginning of every lease of the Vehicle.
10.3 Each Party undertakes to inform the other Party in writing, by using internal messaging system in Trafi, no later than within 5 (five) calendar days if the registered office (residence) address or other contact information provided in the Agreement changes.
10.4 The capitalized terms used in these Rules shall have the meaning ascribed to them in the Agreement, except when these Rules clearly and unambiguously determine otherwise.
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