General Vehicle Rental Conditions of Padberg Baltic, UAB

The present general vehicle rental conditions (hereinafter - the Conditions) regulate the legal relations between the entity providing vehicle rental services specified in Clause 1.2.1 of the present Conditions (hereinafter - the Lessor) and the recipient of rental services – a natural person who provides transport services (hereinafter - the Lessee), to whom the Lessor grants the right to temporarily use the vehicle for a fee.

Definitions used in the present Conditions:

1. Lessor – Padberg Baltic, UAB, code of legal entity 305174043, seat address: Algirdo g. 75, Vilnius, who rents vehicles to drivers for short-term management and use.

2. Tenant – a natural person who provides rideshare services and who has the appropriate permits to carry out such activities (issued business license, carries out activities in accordance with the issued individual activity certificate) and is registered as a person providing transport services, as defined in the legislation of the Republic of Lithuania, on official transport activity platforms (Bolt, Uber, CityBee, etc.). The Lessee is considered an entrepreneur in relation to the present Conditions and the rent agreement and, accordingly, the provisions of the legislation of the Republic of Lithuania regulating the protection of consumer rights do not apply to the Lessee.

3. Parties – the Lessee and the Lessor together.

4. Vehicle or Car – a vehicle owned or legally controlled by the Lessor – a rechargeable car offered to the Lessee for the provision of rideshare services.

5. Car transfer and return period – the period indicated and announced by the Lessor to the Lessee regarding the transfer of the Car to the Lessee and the return of the Car to the Lessor. The time for picking up or returning the Car is determined individually for each reservation submitted by the Lessee and confirmed by the Lessor.

6. Rental price – the fee payable by the Lessee to the Lessor for the selected rental period that depends on the Car category, rental duration, additional services and other individual choices. The rental price is indicated to the Lessee on the Lessor’s website or in the mobile application “Espresa”.

7. Rental Term – the period approved by the Lessor in the Agreement during which the Lessee is entitled to use the Car.

8. Additional services – additional offers selected by the Lessee during the reservation that are charged additionally, unless otherwise specified by the Lessor.

9. Website – the website www.espresa.lt administered by the Lessor, including the registration procedure specified therein, the data provided by the Lessee and administered by the Lessor regarding the Lessee’s account, and the Lessee’s account itself.

10. Application – the mobile application “Espresa” administered by the Lessor, including the registration procedure specified therein, the data provided by the Lessee and administered by the Lessor regarding the Lessee’s account, and the Lessee’s account itself.

11. Personal data – any information relating to an identified or identifiable natural person (Lessee). Personal data, such as name, surname, contact information, driver’s license details, payment information, etc., are processed in accordance with applicable personal data protection legislation.

12. Agreement – ​​a contract for the rental of a driver’s vehicle (car) concluded between the Lessor and the Lessee consisting of the Conditions set out in the present document and the individual conditions selected by the Lessee during the reservation (via the Website or App), approved by the Lessor.

The present Conditions are an integral part of the Agreement and apply to all car rental transactions of the Driver’s vehicles concluded through the Website or the App. The Agreement between the Lessor and the Lessee is considered concluded from the moment when the Lessee, when submitting a reservation on the Website or through the App, indicates that he has read and agrees to the present Conditions.

By reserving a car in one of the ways specified in Clause 1.3 of the present Conditions, the Lessee confirms that he has read the present Conditions, understands them and undertakes to comply with them.

The Lessor is entitled to amend the present Conditions unilaterally by publishing a new version of the Conditions on the Website or through the App. The updated Conditions apply to newly concluded Car rental transactions from the date of publication of the updated Conditions.

The Rental Conditions selected by the Lessee during the reservation that are confirmed by the Lessor when concluding the Agreement, including the rental period, Car category, additional services specified by the Lessor, as well as the provided Lessee data (name, surname, contacts, driver’s license number, payment method, etc.) are considered integral parts of the individual Agreement. These selected conditions and the present Conditions constitute the entire rental agreement between the Lessor and the Lessee.

A Car rental reservation is made after the Lessee notifies the Lessor about the desire to reserve a Car on the Website or through the App by filling out the provided reservation form, where the Lessee selects the desired rental period, Car category or model, additional services, provides Personal Data and other information necessary for the reservation. The list of Cars rented by the Lessor is indicated on the Website or via the App.

By submitting a reservation on the Website or through the App, the Lessee undertakes:

1. to present his valid driver’s license confirming the right to drive a reserved category car, and an identity document, if requested by the Lessor;

2. to provide data on which carrier platform the Lessee will provide carrier services with the Car;

3. to provide correct and current personal and contact details;

4. to specify the exact desired date and time for the car pick-up and return;

5. to select the desired additional services, if the Lessor offers them to the Lessee;

6. to familiarize himself with the present Conditions and confirm his agreement with them.

When making a reservation on the Website or through the App, the Lessee may be identified using third-party services or other digital identification solutions and methods selected at the discretion of the Lessor, in order to ensure the identity of the person seeking to make a Car reservation.

The Agreement is considered concluded from the moment the Lessee submits a reservation on the Website or through the App and indicates his agreement to the present Conditions at the time of reservation, and the Lessor confirms the reservation submitted by the Lessee on the Website or through the App. Once the Lessor confirms the Lessee’s reservation, an Agreement is generated on the Website or through the App.

The Lessor is entitled not to confirm the Lessee’s reservation if the Lessee does not meet the requirements specified in the Conditions, it is not possible to provide the Lessee with the Car desired by the Lessee during the Rental Term requested by the Lessee, or there are reasonable doubts about the Lessee’s solvency or reliability.

By reserving a car, the Lessee confirms that he meets the Lessor’s minimum requirements: is at least 20 years old; has a valid driver’s license for at least 2 years; has no valid driving restrictions; is registered on the relevant rideshare platform through that the Lessee plans to provide rideshare services using the Car; has a valid residence permit in the Republic of Lithuania (if the Lessee is not a citizen of the Republic of Lithuania); has a business license issued to provide carrier services or provides carrier services under an individual activity certificate. The Lessor is entitled to demand the submission of relevant documents each time before transferring the Car to the Lessee.

The Car may only be driven by the Lessee who meets the requirements set out in the present Conditions. The Lessee is strictly prohibited from using the Car for any purpose other than those specified in the present Conditions. The Lessee is responsible for all his actions, as well as for any damage or violations caused during the use of the Car.

All choices made by the Lessee during the reservation (including the Car model, period, additional services, etc.) are considered individual terms of the Agreement and become legally binding from the moment of conclusion of the Agreement.

If the Lessee fails to fulfil the obligations stipulated in the reservation, the Agreement and the Conditions, or if the Lessor has reasonable doubts about the Lessee’s ability to fulfil the Agreement, the Lessor is entitled to refuse to confirm or fulfil the reservation unilaterally, not to extend the Car rental period, and to return the Car at the Lessee’s expenses before the end of the Car rental period.

The Lessor indicates the rental term, including the minimum rental term of the Car, to the Lessee when making a reservation on the Website or through the App for Car rental. The rental period is calculated from the beginning of the Rental Term specified in the reservation and confirmed by the Lessor, regardless of when the Lessee actually collects the Car in the manner specified by the Lessor, and ends when the Lessee returns the Car to the Lessor in accordance with the procedure set out in Part 3 of the present Conditions.

The Lessee is entitled to cancel the Car reservation confirmed by the Agreement before the Car is transferred to the Lessee by applying the amounts payable (refundable) specified below:

1. if the Car reservation is cancelled more than 2 hours before the start of the confirmed reservation - the Lessee will be refunded the full amount paid;

2. if the Car reservation is cancelled less than 2 hours before the start of the confirmed reservation, a cancellation fee of 50 percent of the Rental Price specified in the Agreement upon confirmation of the reservation by the Lessor will apply;

3. if the Lessee fails to arrive to pick up the Car and fails to notify the Lessor about it, the Car reservation confirmed by the Lessor is considered to be cancelled without a refund of the payments made by the Lessee, i.e. the Lessor retains all amounts paid by the Lessee for the confirmed Car reservation.

Upon the Lessor’s instruction on the Website or through the App, the Lessee must pay an additional fee of the amount specified by the Lessor for the confirmation of the Car reservation.

The Lessee is entitled to contact the Lessor regarding changes to the Car reservation confirmed by the Agreement (dates, services, Car, etc.), however, the Lessor reserves the right to accept or reject the request to change the reservation confirmed by the Agreement at its discretion, depending on the availability of the Cars in the relevant period and other circumstances.

The Lessee may submit a request to extend the Car reservation on the Website or through the App, however, the possibility of extending the reservation depends on the availability of the Car and the choice of the Lessor, i.e. the extension of the Car reservation is possible only with the Lessor’s confirmation. In the absence of the Lessor’s confirmation regarding the extension of the Car reservation, after the expiration of the Car reservation period the Lessee is no longer entitled to use the Car and must return it to the Lessor in accordance with the procedure established in the present Conditions.

The Lessor ensures that the Car will be technically sound and ready for operation throughout the Rental Term.

The Lessor undertakes to insure the Car with mandatory driver’s civil liability insurance with an insurance company of its own choosing for the entire Rental Term and undertakes to insure the Car with voluntary Casco (Casualty and Collision insurance) vehicle insurance with an insurance company of its own choosing for the period of the approved Rental Term.

The Lessee is entitled to own and use the Car for its direct purpose in accordance with the procedure established in the present Conditions. The Lessee is not entitled to sublease, lend or otherwise allow the use of the Car to third parties without the Lessor’s prior written consent.

The Lessee undertakes to comply with the car operating requirements set by the Car manufacturer, specified in the Car operating manuals/instructions drawn up by the manufacturer and stored in the Car, the road traffic rules established by legislation and other applicable legislation, as well as to comply with all other normal requirements for the operation of the Car.

The Lessor assumes no liability for the quality of the services provided by the Lessee.

The Lessee undertakes not to dispose of the Car as his own and to use the Car as a good owner (attentive, caring, prudent), in compliance with the purpose of the Car and other requirements, and to ensure the protection of the Car.

The Lessee undertakes to notify the Lessor and (on the basis established by law) the relevant state institution (e.g. police, fire department) immediately if the Car is involved in a traffic accident, is destroyed, damaged, breaks down or otherwise becomes unusable, as well as if circumstances arise that prevent the management and use of the Car or ensure its normal operating conditions.

During the entire Rental Term and the period after the expiration of the Rental Term, i.e. until the moment when the Car is actually transferred to the Lessor, the Lessee is materially liable for the Car, damage caused to the Car, as well as the Lessee bears the responsibility of the owner of the Car’s increased danger source.

If during the Rental Term the Car is damaged, destroyed or lost (including, but not limited to, the Car is confiscated, stolen, etc.), as well as if the Car’s accessories (e.g., ignition key, alarm remote control) are lost, destroyed or damaged, the Lessee undertakes to pay the Lessor a fine of EUR 300 for each violation upon the Lessor’s request considered the Lessor’s minimum losses that do not need to be proven, and compensates for all other losses not covered by the said fine. The Parties agree that the Lessee undertakes to compensate for any losses incurred, including, but not limited to (incomplete list):

1. If the Lessee fails to comply with the Car operating conditions;

2. If the Car is used to perform actions it is not designed to perform;

3. If the Car is manager and/or used by the third party;

4. If the Lessee is not entitled to drive or operate a car of that category or is not entitled to drive the Car;

5. If the Car is driven by intoxicated person, under the influence of medication or other intoxicating substances or psychotropic substances, or when the person consumed alcohol or other intoxicating substances after a traffic or other incident before the circumstances of the incident were determined, or when the person avoided a sobriety or intoxication test. The Lessee is considered intoxicated if the alcohol concentration at the time of the Lessee’s sobriety test is more than 0.00 per mille;

6. If the Lessee fails to comply with the lawful demands of the traffic police or other competent authorities;

7. If the Lessee uses the Car to commit criminal acts;

8. Due to the transportation of cargo not adapted for transportation by Car;

9. Due to loading or unloading cargo into or from the Car;

10. Due to staining, scratching, tearing, burning of the parts (equipment) of the Car interior caused by the Lessee, passengers or pets;

11. If the Lessee fails to notify the police, fire department and/or other competent authorities of the traffic accident in accordance with the procedure established by the insurance rules of the insurance company that insured the Car;

12. Due to other circumstances.

The Lessee bears all road, parking or other administrative fees, as well as fines for violations of the Road Traffic Regulations or other legislation, including if they are imposed after the expiration of the Rent term.

The Lessee declares and confirms his understanding that in cases specified in the insurance rules established by the insurance company that insured the Car, having compensated for the damage, the insurance company acquires the right of recourse (right of recourse) to recover the entire paid insurance benefit from the Lessee, if damage was caused to the Car due to the Lessee’s fault or actions.

The Lessee and other persons traveling with the Lessee in the Car are prohibited from smoking any type of cigarettes in the Car. If the Car is returned to the Lessor and the smell of cigarettes or other tobacco products is felt in the Car at the time of return, at the Lessor’s request, the Lessee must pay the Lessor a fine of EUR 100 considered the Lessor’s minimal losses that do not need to be proven, and must also compensate for all other losses of the Lessor not covered by the said fine.

The Lessor ensures that the Car is clean (both outside and inside) when the Car is transferred to the Lessee. The Lessee undertakes to ensure the cleanliness of the Car (both exterior and interior) during the actual period of use of the Car, and to return the clean Car to the Lessor upon termination of Agreement. If the Car is returned to the Lessor extremely dirty on the outside and/or inside, i.e. the Lessee or persons who were in the Car with the Lessee soiled the Car purposefully and intentionally and such actions cannot be considered to have occurred while using the Car for its intended purpose (for example, the bottom of the Car and suspension elements are covered with soil, any liquid has been spilled in the Car interior and as a result the Car interior needs to be cleaned with special chemicals, etc.), at the Lessor’s request, the Lessee must pay the Lessor a fine of EUR 50 considered the Lessor’s minimal losses that do not need to be proven, and must also compensate for all other losses of the Lessor not covered by the said fine.

The Lessee assumes full liability for violations of legislation and damage caused to third parties during the Rental term approved by the Agreement, as well as if the Lessee fails to return the Car to the Lessor after the end of the Rental term, i.e. the Lessee is liable for the damage specified in this clause of the Conditions and other clauses of Part 3 of the present Conditions until the Car is actually returned to the Lessor.

Each Car rental is subject to a standard deductible (franchise) of 500 EUR that applies in case of damage or theft, unless otherwise specified in the Agreement. The said deductible applies to each individual insured event. If the event is recognized as insured under the terms of the valid insurance contract and the Lessee fulfils all his obligations, including, but not limited to, the obligation to immediately notify the Lessor and competent authorities about the event, provide all necessary information and documents and cooperate with the insurer and the Lessor, duly and timely, the Lessee’s financial liability is limited to the amount of the deductible (franchise). In case of damage to the Car, the Lessee undertakes to reimburse the actual costs of repairing the Car or pay the amount of the deductible (franchise), depending on which of these amounts is lower. In cases where insurance coverage is not applied or the insurer refuses to pay the insurance benefit due to the actions or inaction of the Lessee, the Lessee is fully liable in accordance with the present Conditions and applicable legislation.

If the Lessee operates the Car improperly or otherwise violates the present Conditions and as a result the Lessor suffers losses (e.g. violates the Road Traffic Regulations, causes a traffic accident, etc.), the Lessee undertakes to compensate for them. The Lessee declares and confirms his understanding that the Lessee’s personal information held by the Lessor may be transferred to state institutions and/or bailiffs for the purposes of payment and recovery of taxes or fines.

The Parties agree that the Car may be operated in other territories of the European Union Member States, the European Free Trade Association Member States and the United Kingdom only with the prior written consent of the Lessor.

The car is transferred to the Lessee and returned to the Lessor at the time and place specified in the Agreement. The exact location and time of transfer and return are determined in the Car reservation form confirmed by the Agreement.

The transfer of the Car to the Lessee is considered to have occurred when having paid the Rental Price and having performed the actions specified by the Lessor on the Website or through the App the Lessee begins to use the Car. A representative of the Lessor may be present during the transfer of the Car to the Lessee.

The return of the Car to the Lessor is considered to have occurred from the moment the Lessee leaves the Car at the location specified in the Agreement and notifies the Lessor about it on the Website or via the App. A representative of the Lessor may be present during the transfer of the Car to the Lessor.

Upon returning the Car to the Lessor, the Lessor’s representative will perform a live inspection and inspection of the Car via the remote system used by the Lessor - record defects, dirt, missing accessories or other discrepancies, provide photographic evidence and mark them on the Website or via the App. Such inspection of the condition of the Car by the Lessor and its description on the Website or through the App is equivalent to a deed of return of the Car. If violations or discrepancies are identified during the inspection of the Car, the Lessee may be subject to liability measures set forth in the present Conditions.

Before using the Car, the Lessee must inspect its exterior and interior and mark any visible defects in the System or via the App by uploading relevant photos. If the Lessee does not indicate any defects in the Car before starting the Car, the Car is considered to have been accepted by the Lessee without defects.

The Lessor provides the Lessee with a technically sound, clean Car with a fully charged battery, and with all items necessary for the safe operation of the Car (car document, insurance policy, first aid kit, etc.).

Upon returning the Car to the Lessor, the Lessee must lock the Car using the Website or the App, leave the Car’s ignition keys in the Car or in another place specified in the Agreement.

The risk of accidental destruction, loss, damage or deterioration of the Car, as well as any decrease in its value, passes to the Lessee from the moment of transfer of the Car. Limited access to or inability to use the Car due to damage, technical, legal or economic unsuitability of the Car does not change the Lessee’s obligations arising from the Agreement and the present Conditions, except in cases where the legal or economic suitability of the Car changes due to the following circumstances: due to the Lessor’s fault, an arrest or temporary restriction of ownership rights is applied to the Car, the Lessor pledges the Car, provides it as a means of securing the fulfilment of obligations, or otherwise restricts or limits the ownership rights to the Car.

Upon expiration or termination of the Rental Term, the Lessee must return the Car to the Lessor within 30 minutes in accordance with the procedure set forth in the present Conditions, in the same condition as received, considering the normal wear and tear, and with all items transferred to the Lessee along with the Car. The following is not considered a normal wear and tear:

1. broken, deformed or otherwise mechanically or thermally damaged parts;

2. non-functioning devices and mechanisms;

3. body dents, paint chips and severe scratches (paint damage down to the primer);

4. wear of the paint layer or scratches on the body glass caused by intensive washing and/or cleaning of the vehicle;

5. poor quality repairs and/or defects in the Car resulting from improper repairs;

6. cracks in body glass and headlights;

7. interior damage, including, but not limited to, burnt, scratched, torn or stained seats, broken plastic parts of the front panel, window opening handles, door opening handles, etc.;

8. damaged Car battery (due to improper charging, broken connectors, etc.);

9. damaged body geometry.

Upon expiration or termination of the Rental Term, the Car must be returned with a charge level of at least 20 (twenty) percent of the Car’s electric battery. The Lessee undertakes to pay the Lessor EUR 20 (twenty) compensation for each missing (incompletely charged) percentage of the electric battery from the minimum allowed level of charged battery at the time of return of the Car (20 percentage) to the percentage of the electric battery of the Car actually returned.

The rent is calculated at the time of the Lessee’s reservation based on the selected Car category, rental duration and additional services. The rent is indicated to the Lessee before submitting the final reservation, on the basis of which the Agreement is concluded.

The Lessee must pay the full rent specified by the Lessor in the System or through the App before picking up the Car at the location specified by the Lessor. The payment is made in the manner specified by the Lessor by electronic payment methods.

The Parties agree that the Car rent is considered paid to the Lessor after the rent is credited to the bank account specified by the Lessor.

The Car rent includes the Car rental fee and Car Insurance.

The Lessor must distribute the payments made by the Lessee under the present Conditions, regardless of the statements made by the Lessee when making the payments, at its own discretion.

The Lessee must use the rented Car for his own transport activities and undertakes to fulfil all tax and other obligations established by law related to this activity independently. The Lessee must assume full liability for the proper and timely fulfilment of these obligations, and the Lessee’s tax obligations arising from such activities must in no way be transferred or assigned to the Lessor.

In case of violation of the payment terms set out in the Agreement or the present Conditions, the Lessee undertakes to pay the Lessor default interest in the amount of 0.05% (five hundredths per cent) of the total overdue amount for each day of late payment until the date of full execution of its obligations, as well as compensates the Lessor for all other losses not covered by the specified fine.

The Lessee is liable for any damage caused to the Car by his actions or inaction. The Lessee is also liable for any damage caused to the Car if it is caused by third parties.

Payment of penalties does not exempt the Lessor and the Lessee from fulfilling their obligations or eliminating violations and compensating for direct losses to the extent not covered by the penalties.

Each party must be exempted from liability for the non-performance or improper performance of its obligations under the Agreement if it proves that this was due to force majeure circumstances (such as fire, flood, natural disasters and other similar circumstances) that arose after the signing of the Agreement, if the party that failed to fulfil or improperly fulfilled its obligation could not have foreseen the emergence of such circumstances when signing the Agreement and could not have prevented the emergence of such circumstances or avoided them. When faced with force majeure circumstances, the Lessor and/or the Lessee must inform the other party in writing and present documents confirming the existence of such circumstances.

The Agreement enters into force from the moment of its conclusion and is valid until the end of the Rental term specified in the Agreement or until it is terminated in accordance with the procedure specified in the present Conditions or applicable legislation.

The Lessor is entitled to terminate the Agreement out of court without separate notice, i.e. immediately, unilaterally if the Lessee uses the Car for purposes other than those intended, violates the Road Traffic Regulations or other applicable legislation when using the Car, causes damage to the Car or third parties, violates the conditions of operation of the Car provided for in Part 3 of the present Conditions, as well as if the information provided by the Lessee prior to the conclusion of the Agreement is inaccurate or false, and if the Lessee commits any other material breach of the Agreement.

Upon termination of the Agreement for any reason, the Lessee undertakes to deliver and return the Car to the Lessor immediately.

The termination of Agreement does not release the Parties from the obligation to settle with the other Party under the obligations arising from the Agreement.

All amendments, supplements and annexes to Agreement are valid and are considered its integral part if they are made in writing and duly signed by the Parties to the Agreement.

The Parties are entitled to terminate the Agreement by mutual written agreement.

The present Conditions are an integral part of the Agreement and apply to all Lessees who have made a car reservation through the Website or the App.

By submitting a reservation, the Lessee confirms that he has read the present Conditions, understood them and undertakes to comply with them properly.

The Lessor is entitled to update or amend the present Conditions at any time by publishing a new version on the Website or through the App. The updated Conditions apply to new Car reservations and Rental Agreements submitted and concluded after the publication of the updated Conditions.

The Agreement and the Conditions are concluded and interpreted in accordance with the legislation of the Republic of Lithuania.

Any disputes, disagreements or claims arising from or related to the Agreement, its breach, termination or invalidity must be resolved through negotiations between the Parties. If the Parties fail to resolve disputes, disagreements or claims through negotiations, they must be resolved in Vilnius court in accordance with the procedure established by the legislation of the Republic of Lithuania.

The Agreement replaces all other oral and written agreements concluded between the Parties prior to the conclusion of the Agreement regarding the subject matter of the Agreement.

Each Party must immediately notify the other Party of any change in its details specified in the Agreement.

From the date of conclusion of Agreement, the Parties must promptly notify each other in writing of the occurrence or existence of any event, condition or circumstance that may affect the Agreement or cause its breach. Each Party must at all times act in good faith towards the other and must use all reasonable efforts to comply with the terms of the Agreement.

If any provision of the Agreement becomes illegal, invalid or unenforceable, this must not render the remaining provisions of the Agreement invalid or unenforceable. In such case, the Parties agree to replace the invalid provision with a legally effective provision that would have the same legal and economic result as the replaced provision to the extent possible.

The terms of Agreement are confidential and not publicly disclosed (except to banks, lawyers advising the Parties, or other representatives of the Parties). This confidentiality requirement does not apply to information that is publicly available or that is required to be disclosed under applicable law.