MEMBERSHIP AGREEMENT FOR USING “SPIN CITY” SERVICES
- Glossary of terms
1.1 “Spin City” is a name for using services unified in the framework of car sharing services in accordance with conditions from this Agreement. The Spin City service provides its members access to a fleet of electric and conventional vehicles in the car sharing system, via Spin City application and membership card. The usage of service implies a joint co-usage of vehicles by Spin City members for travelling around Zagreb city area, i.e. within the borders of the Republic of Croatia.
1.2. The Service Provider is Urban Mobility d.o.o. which ensures the usage of services within Spin City services.
1.3. The Service User is a physical person or legal entity who concluded the Membership Agreement for using the Spin City services (hereinafter Agreement) with the Service Provider by accepting the aforementioned conditions and/or subscribed to one of the service packages, accepted by the Service Provider through the process of registration and validation on basis of which he/she was issued the Spin City membership card.
1.4. If the Service User is a legal entity, then at the time of the registration, is obliged to specify and submit the necessary data on physical person that are employees of the legal entity who will use this service. The vehicle must not be used by any employee of the legal entity unless it is registered by the Service User. Any use of the service by a physical person whom the legal entity – The Service User has not been decisively listed as an authorized physical person for using the serivce shall be considered as a gross violation of the contractual obligation and is the reason for the unilateral termination of the Agreement and entail the Service User’s liability for compensation for such damages.
If the Service Provider’s invoices, as requested by the user of services, are issued in the name of a legal person, the Service User is obligated to specify this after the registration process. The issuance of invoice to a legal person has no influence on the Service User’s responsibility for fulfilment of his/her obligations.
1.5. The membership card is an RFiD card which serves to access and lock/unlock the vehicle.
1.6. Parking Regulations are a set of parking rules determined by the Service Provider, which can be changed by the Service Provider freely and when necessary, in accordance with conditions from this Agreement. The same Regulations define the way and locations for taking over and returning vehicles within the Spin City Zone, which is also defined by the Parking Regulations. The subject Parking Regulations are a constituent part of this Agreement and the Service User confirms that he/she is familiar with them.
1.7. Area in which the Service User is permitted to use the Service Provider’s vehicles is the whole of Republic of Croatia, but the vehicle is taken over and returned exclusively within the Spin City Zone. It is strictly prohibited to use the vehicles outside the Republic of Croatia unless the Service Provider gives the Service User a special written permission.
1.8. Regulations on Fees – Spin City price list is an overview of services and/or packages of services with the associated prices. The subject Regulations on Fees are a constituent part of this Agreement and the Service User confirms that he/she is familiar with them.
- General conditions
2.1. This Agreement together with the appertaining Regulations comprises all provisions and conditions which regulate the rights and obligations of the Service Provider and Service User, from membership i.e. registration and validation by the Service Provider’s authorized personnel, taking over of the vehicle, way of usage, conditions and way of return of the vehicle, payment, liability for damages, as well as other rights and obligations of the parties.
2.2. Agreement provisions apply to all registered users of the “SPIN CITY” service. By accepting the provisions of this Agreement the Service User concludes with the Service Provider the Membership Agreement for using the car sharing service which enables the Service User to rent a vehicle under the conditions from this Agreement for a certain amount of time.
2.3. The Service Provider makes available on his website information which refer to the usage of services. The Service Provider assumes no responsibility for possible disturbances and disruptions in the telecommunication network, or unavailability of services caused by circumstances the Service Provider cannot influence.
2.4. The Service Provider freely, without additional consent from the Service User, adopts and amends the internal documents which are mentioned in this Agreement. The Service User expressly authorizes and gives his/her consent to the Service Provider to do so. All amendments and supplementations of the subject internal documents the Service Provider will make available to the Service User on the Service Provider’s website. It will be considered that the Service User has accepted amendments if he/she doesn’t file any complaints or doesn’t object to amendments and supplementations within 15 days of making them available on the website.
2.5. The Service Provider has the right to amend and supplement the provisions of the Membership Agreement. All amendments and supplementations will be made available to the Service User on the Service Provider’s website. It will be considered that the Service User has accepted amendments if he/she doesn’t file any complaints or doesn’t object to amendments and supplementations within 15 days of making them available on the website.
2.6. The Membership Agreement is a legal transaction with which the Service User doesn’t acquire ownership or another right over the vehicles, authorization for usage of licence or any other right belonging to the Service Provider, connected to the vehicles or the service, but only acquires the right of limited usage of the Service Provider’s vehicle for the payment of fee.
It is expressly emphasised that the Service User has no independent possession of the vehicles.
2.7. The Service Provider can, at his own discretion, conduct promotional sales of his products and services for marketing and other purposes, and the provisions of this Agreement apply to them. Special conditions of each sale will be defined by the Service Provider in a separate internal decision which will be published on the Service Provider’s website.
2.8. All Service Provider’s internal documents are considered a constituent part of this Agreement.
- Conclusion of Agreement/membership
3.1. With the Membership Agreement the Service Provider and the Service User regulate the renting of one of the Service Provider’s vehicles for a limited time period, payment of fee for using the vehicle and all other relations.
3.2. It will be considered that the Membership Agreement is concluded only after the potential Service User completes the online registration of user account on the Service Provider’s website and after his/her request (after the verification of data) is approved by the Service Provider and his/her membership card delivered to him/her. In the process of registration the Service User will choose a PIN which will serve for additional verification of the Service User when the Service Provider’s vehicle is taken over via application or membership card. The Service User is obligated to keep that PIN a secret and not to give it away to any other person. The Service User consents that only he/she is charged for every usage of the vehicle activated by that PIN or via application.
3.3. The basic conditions for approval of the request for membership, duration of membership and usage of services are: age of majority of the potential Service User, driving licence valid in the Republic of Croatia for at least 365 days from the issuance date, valid personal identification document of the potential Service User and valid credit card for payment accepted by the Service provider with which the Service User will vouch for liabilities accrued on the basis of and related to the usage of vehicle, in accordance with conditions of the Agreement.
For the approval of the legal entity membership and for the duration of membership and the use of the service, the legal entity is obliged to indicate exactly which physical persons – employees of the legal entity in question will be authorized to use the service. Each of these physical persons must meet the requirements of the previous paragraph. Legal entity – the Service User is responsible for any damage caused by its employees to the Service Provider.
3.4. If the Service User’s driving licence expires, or if it is temporarily or permanently confiscated, or if a procedure has been initiated against the Service User for driving under the influence of alcohol or other narcotics, speeding or any other traffic offence, the Service User is obligated to immediately notify the Service Provider of these events. If the Service User fails to act in accordance with the pervious paragraph, it will be considered that the Agreement is terminated from the moment when the Service Provider learns of the subject circumstances. Due to the untimely notification/failure to notify the Service Provider of these events on the Service User’s side, the Service User is obligated to pay a contractual fee in the amount specified by the Regulations on Fees, which is a constituent part of this Agreement.
- Taking over and control of the vehicle
4.1. The Service User can request the usage of any of the Service Provider’s vehicles which is marked free i.e. available at a given moment. The Service User can reserve the vehicle as needed or deemed necessary up to 15 min before taking over the vehicle. Possible reservation costs are specified in the Regulations on Fees, which is a constituent part of this Agreement.
4.2. Before taking over the vehicle, the Service User is obligated to check the vehicle, including the interior, to establish whether the subject vehicle has any material defects or whether it is excessively dirty and if all documentation and equipment listed in the List of Documentation and Equipment, made by the Service Provider, located in every Service Provider’s vehicle, is in the vehicle. The Service Provider updates the aforementioned List, which comprises all documentation and equipment located in the vehicle. The Service User is obligated to immediately notify the Service Provider of any dirtiness, defects or any other problem related to the vehicle or installed equipment. In case there is any dirtiness, material defects or missing documentation, equipment etc., the Service User is obligated to, before starting to use the vehicle, at his/her own cost, contact the Service Provider’s service centre, by photographing the defects and reporting the problem to the call centre, and truthfully and accurately inform the Service Provider’s customer service of the type of detected defects.
4.3. Electric vehicles are equipped with an AC connection for charging which is located in the car boot. Before starting the engine the Service User is obligated to check whether the AC connection for charging is in the said location. If the charger is not at the specific location, but it is mentioned in the List of Documentation and Equipment of the vehicle, the Service User is obliged to report it to the Service Provider as damage.
4.4. The Service User cannot adduce the existence of any material defects if he/she did not act in accordance with the provision from the previous paragraph, and he/she will be considered liable for those defects, as well as the costs of repairing the vehicle, cleaning, or any other costs which might arise from the said defects.
4.5. The Service Provider is authorised to forbid the usage of vehicle, if he assess that the subject defects demand so.
4.6. If the reporting of defects by the Service User results in the Service Provider’s assessment that the vehicle is declared unusable, the Service User can be given for usage another vehicle which is located at an acceptable distance from the given location and which is in that moment available.
- Usage of vehicle
5.1. The Service User is obligated to use the vehicle with the due care and attention, in accordance with instructions, user manual, vehicle documents, manufacturer’s specifications and traffic rules. He/she is obligated to adhere to legal speed limitations and adjust the driving to the conditions on the road. Before parking (returning the vehicle) the Service User must ensure the vehicle is protected from burglary (the doors, windows and the sunroof must be closed and locked).
5.2. Usage of the Service Provider’s vehicle by the Service User is regulated with the Terms of Service which is a constituent part of this Agreement. After validation, every Service User will get a Spin City membership card which is exclusive ownership of the Service Provider. The Service User is obligated to immediately call the Spin City call centre if he/she notices the vehicle is dirty or damaged upon taking it over, or in case of a traffic accident, if necessary, contact the police. The Service User is obligated to report to the Service Provider every damage, destruction, theft or loss of the membership card or another way of accessing the vehicle, fuel card or parking card by contacting the call centre. The Service User is obligated to bear all costs of making a new membership card or another way of accessing the vehicle, fuel card or parking card, as well as other costs arising from the damage or loss of the membership card. All fees and fines which refer to the traffic or parking are borne by the Service User.
The Service User is obligated to drive the vehicle in accordance with the Terms of Service. If the Service User fails to act in accordance with the provisions of this Agreement and legal regulations, every advantage connected to the reduction of deductible will not be applicable. Insurance packages will also not be applicable if the damage was incurred intentionally, by an unauthorized member, nor the damages for losses/damage of additional and mandatory vehicle equipment, keys and documents.
At the request of Spin City, the Service User must forward all reports and documents connected to the accident, the subject Service User and passengers.
The Service User guarantees that he/she will keep all data regarding the PIN, passwords and/or similar access codes a secret and that he/she will not make them available to third persons, which includes placing a reminder of all passwords, PINs and/or similar types of codes on or near the membership card or any other access devices. At no moment will the passwords, PINs and/or similar types of access codes be saved in a written or electronic form. If the Service User acts contrary to provisions of the pervious paragraph, he/she will be liable for all costs/damages incurred to the Service Provider. If the Service User has reasons to believe a third person has unauthorized knowledge of the passwords, PINs and/or similar types of access codes, he/she must change the compromised password, PIN and/or similar-type access code.
5.3. The Service User is obligated to leave the vehicle clean and in good condition, freed from all personal belongings upon using it.
If the vehicle was left dirty, or if the Service User left any kind of waste in the vehicle, he/she will bear all the necessary costs of cleaning the vehicle.
After usage, the vehicle must be left with the relevant documentation and equipment mentioned in the List of Documentation and Equipment. The Service User is held responsible for all the documentation and equipment, and in case any of the documentation and/or equipment from the List of Documentation and Equipment is missing after the usage of the vehicle by the Service User, the Service User will bear the costs of making new documentation and/or equipment in accordance with the prices defined in the Regulations on Fees.
The Service Provider is not held responsible for the loss of things the Service User left in the vehicle contrary to the provisions of the previous paragraph.
The Service User is obligated to make sure the vehicle is used only in safe conditions which correspond to the technical characteristics of the vehicle, to drive in a way which saves fuel i.e. electricity and to park the vehicle in accordance with the Parking Regulations.
Unless forbidden by current laws, the Service User will allow Spin City to record telephone conversations connected to the membership, in order to investigate legal issues and/or improve the service.
At the request of Spin City, the Service User will inform Spin City about the exact address /location of any Spin City vehicle used by the Service User, and allow the inspection of any Spin City vehicle to a third person designated by the Service Provider, representatives of competent and other legally authorised institutions.
5.4. The Service User expressly, under material and criminal liability, accepts that he/she is not permitted to use the vehicle for the following purposes:
– any type of sports competitions or events which aim to achieve maximum speed,
– testing the vehicle for any purpose or for the needs of teaching to drive,
– on very damaged roads or macadam,
– for commercial transport of passengers,
– for renting the vehicle to third persons, lending it or in any other way enabling the usage of the vehicle by third persons,
– to use the fuel card for other needs, except for the vehicle to which the card is assigned,
-to participate in any impeding activity which is forbidden by current laws and other regulations and/or use any hand electric device during the drive,
– to transport objects which would due to their size, shape or weight negatively influence the safety of the drive or damage the car interior,
– to commit any unlawful acts or activities,
– to transport inflammable, toxic or any other dangerous goods or materials,
– to transport animals without the explicit approval of the Service Provider, with the exception of guide animals for leading a member or a passenger with disability, but which animals must be placed is a designated basket to protect the car seats,
– any type of travel outside the Republic of Croatia without the explicit consent of the Service Provider,
– any unlawful, illegal or criminal purposes.
5.5. The Service User is forbidden to:
– use the vehicle under the influence of alcohol (allowed amount of alcohol in organism is 0,00 ‰), narcotics or any other opiates which might influence the ability to drive the vehicle
– transport children under the age of 12 if the Service User doesn’t have an appropriate baby car seat,
– make the vehicle dirty or leave any kind of waste in the vehicle,
– remove equipment which is integrated in the vehicle or is a part of the vehicle equipment,
– make repairs or allow third persons to make repairs or modifications to the vehicle,
– use the vehicle in an improper, careless, violet or any other way deem inappropriate by Spin City, as per Service Provider’s assessment,
– allow the use of the vehicle to any person not considered a Service User, including the individuals who are users of the Spin City service, but didn’t initiate the drive via their user account,
– allow the presence of more than four persons in the vehicle, including the driver,
– smoke in the vehicle or allow the passengers to smoke in the vehicle,
– use the vehicle on the basis of Service Provider’s consent which was obtained by giving false information.
5.6. The Service User must not destroy, break, change, adjust or in any other way manipulate or reprogram the membership card, or the activation and/or deactivation program installed in the Service Provider’s vehicles, or any other object owned by the Service Provider.
5.7. The mentioned limitations are cumulative and each one of them applies to every usage of the rented vehicle. The Service Provider is not held responsible for any damage or loss caused by the violation of the mentioned limitations by the Service User.
5.8. If during/upon ending the drive the fuel/electricity level drops to 25% or under, the Service User can fill up the fuel tank/connect the vehicle to a public changing station, for which he/she will get bonus minutes in the amount determined by the Terms of Service.
The Service User can use the INA card available in the vehicle only for paying fuel for the Spin City vehicle.
Any misuse of the INA card by the Service User constitutes a criminal offence and in that case the Service User is obligated to compensate the incurred damage.
5.9. The Service User authorises the Service Provider to monitor and record the location of the vehicle via his devices and systems installed in the vehicle, i.e. to check whether the Service User abides by the provisions of the Terms of Service. If it is determined that e.g., but not limited to this example, the usage of the vehicle ended outside the defined Zone, or the fuel i.e. electricity level became insufficient to power the vehicle during use etc., the Service Provider will send a notification to the Service User via the application of FMS and warn him/her that he/she is violating the provisions of this Agreement. In this case the Service Provider retains the right to charge all incurred costs in accordance with the Regulations on Fees.
5.10. In case of violation of Agreement provisions which refer to a non-monetary obligation, the Service User is obligated to pay a fine to the Service Provider in accordance with the Regulations on Fees.
5.11. The Service User allows the transport of passengers in the vehicle as per his/her own decision and discretion, but is also irrevocably responsible for the damages incurred to the Service Provider by the passengers and to the passengers during the usage of vehicle.
6.1. The beginning of service charging is defined by the Terms of Service. The fee will be paid even in the case of violation of Agreement provisions, i.e. if the vehicle is used by a third person, as defined by the Regulations on Fees.
6.2. The Service User comes into contractual relationship for the usage of the Service Provider’s vehicles via Spin City application (Android and iOS) which enables the location of vehicles on the map, reservation of vehicles, unlocking and locking of vehicles and access to the history of service usage.
If the beginning of service usage is not possible via application, the Service User will start to use the vehicle from the moment of putting the membership card against the card reader installed on the inner side of the vehicle windscreen.
The beginning of service usage is regulated in more detail by the Terms of Service.
6.3. The Service User may use the vehicle only within the permitted area as defined by this Agreement.
In case the Service User ends the drive outside the permitted zone, he/she will be held personally responsible and will be charged a fine in the amount determined by the Regulations on Fees, regardless of the Service User’s fault.
6.4. It is considered that the service usage ends when the following conditions are cumulatively fulfilled:
– the vehicle is returned to a location inside the Zone defined by the Parking Regulations,
– the key and fuel card are returned to the designated places inside the glove compartment,
– all windows and doors on the vehicle are shut, and all lights and signalization on the vehicle are turned off,
– when the Service User ends the drive via the Spin City application (Android or iOS), or if he/she is not able to do that via the application, use the RFID card which must be put against the terminal – card reader installed on the inner side of the vehicle windscreen, on the driver’s side,
– when the Service Provider confirms to the Service User via the application i.e. terminal – card reader that the usage is finished and that the vehicle is now free.
Until all mentioned conditions are completely fulfilled, it will be considered that the usage period is still ongoing and the Service User will be charged for the usage of service until the usage of vehicle is not finished in the described way.
6.5. If the end of usage is not possible due to no or bad mobile internet reception, the Service User is obligated to re-park the vehicle to a location within the Zone determined by the Parking Regulations and again try to end the usage of vehicle.
If the end of usage is still not possible after the vehicle has been parked to another location solely for technical reasons, the Service User is obligated to immediately notify the Service Provider’s call centre, which will in that case end the usage of service via its central station.
6.6. The Service User can continuously use the vehicle for maximum 48 hours.
If the Service User fails to end the usage of service in that time, it will be considered it was ended by the Service Provider upon the expiration of the 48-hour period since the beginning of the drive. The Service Provider is not obligated to specifically notify the Service User of this.
Until the vehicle is returned to the Zone and the drive ended in a proper way, the Service User will be liable for fees and/or fines determined by the Regulations on Fees.
- Usage fee and other payments
7.1. The amount of usage fee for the Service Provider’s vehicles and connected services is determined by the Regulations on Fees. The Service User is obligated to pay the total amount of fee for the usage of vehicles within the given deadline. The amount of fee will be calculated after the vehicle usage is finished, in accordance with the Regulations on Fees.
7.2. The Service User can pay the fees on the basis of advance payments to the user account in accordance with the Regulations on Fees.
The payments will be done by Mastercard, Amex, Visa, Maestro or another credit card approved by the Service Provider as per his discretion. After the registration, the Service User can use non-credit cards to make payments, but is obligated to provide a valid credit card number when registering and making the first payment.
7.3. The Service User obliges to have enough funds on his/her user account i.e. payment card to cover the existing obligations.
The Service User authorises the Service Provider, including his employees and any other person the Service Provider designates, to make the payment of fees using the information on payments recorded on the Service User’s user account.
7.4. After the usage of vehicle had ended, an invoice will be emailed to the Service User, which will also be recorded on the Service User’s user account.
7.5. In case the Service User doesn’t have enough funds on his/her user account, he/she is obligated to settle the payment of invoice by latest within eight days of receiving it.
7.6. If the payment of fee is rejected due to lack of funds on the Service User’s account (or on the Service User’s user account or credit card), the Service Provider can temporarily and/or permanently cancel the service to such a Service User.
7.7. The Service User is obligated to regularly deliver and/or enable access to his payment ability to the Service Provider. In case the Service User provides incorrect or incomplete information, the Service Provider is allowed to unilaterally cancel the Agreement and request the Service User to pay all accrued receivables.
- Special fees and expenses
8.1. The Service User is obligated to pay to the Service Provider special fees such as (included but not limited only to):
– the cost of replacing a lost or missing membership card,
– the cost of copying documents, certificates or powers of attorney, fees for re-invoicing, sending reminders,
– costs of locating and returning the vehicle if the Service User doesn’t leave the vehicle on a designated location, in accordance with the Parking Regulations,
– costs of warehousing, confiscation of property, cleaning excessively dirty vehicle.
8.2. The Service User is obligated to pay to the Service Provider expenses i.e. all payments connected to the legal subject in case i.e. short-term car rental such as:
– duties, levies, frees, awards, notary public costs, attorney costs, consultant costs, appraiser costs, expert costs, debt collector costs and costs of other experts engaged by the Service Provider,
– every fine, compensation or other obligation incurred to the Service Provider as a result of the conduction of civil, criminal, offense or any other procedure against the Service Provider or his employee in connection with the car rental.
8.3. The Service User is liable for all violations of legal and other regulations connected to the usage of the Service Provider’s vehicles and he/she assumes responsibility for all sanctions and other adverse consequences which might arise from the violations of legal and other valid regulations such as:
– damages on the vehicle which is the subject of this Agreement caused by a traffic accident or by usage of the vehicle by the Service User up to the amount of damage estimated by an expert designated by the Service Provider regardless of the cause of damage,
– in case of vehicle theft, the Service User is obligated to pay to the Service Provider damages in the amount of vehicle market value, if the theft occurred due to the Service User’s negligence,
– compensation of damage in the amount of reduced vehicle value as a consequence of damage or destruction of vehicle which occurred due to the Service User’s negligence.
8.4. The Service User is liable for any damage incurred to third persons connected to the usage of the Service Provider’s vehicle. The Service User is also obligated to relive the Service Provider of any claim from a third person in connection with that.
8.5. The Service Provider can, as per his own discretion, prescribe the amount of fees and expenses with the Regulations on Fees, but this in no way limits the Service User’s responsibility.
- Damage, malfunctions, traffic accident, theft and loss of documentation
9.1. If the vehicle was involved in a traffic accident, damaged or demolished, or requires repairing or saving, regardless of the cause, the Service User must immediately notify the Service Provider of the subject event, fill out a report on the event/damage, and ensure the vehicle from deterioration and further damage.
9.2. The Service User must not organize or undertake any repairs without the approval from the Service Provider, except to the extent necessary to avoid further damage to the vehicle and other property.
9.3 In case of a traffic accident or theft/disappearance of the vehicle, the Service User is obligated to call the Service Provider’s call centre and the police, and request a record of the event.
9.4 The cost of reporting and making lost accompanying documentation of the vehicle is charged to the Service User.
10. Service User’s liability
10.1. Unless a third person is completely liable for the damage on the vehicle, the Service User is cumulatively liable to the Service Provider for (included but not limited only to):
– any loss, theft, disappearance or damage of the vehicle and its parts and additional equipment;
– every consequential damage, losses or costs incurred to the Service Provider, including the costs of repairing, saving, losses due to inability to rent the vehicle, storage fees, damage processing, legal costs etc.,
– every loss of injury/damage to the passengers in the vehicle, third persons, their vehicles and property incurred during the rent.
10.2. In terms of the previous paragraph, the Service User is particularly liable for damages and losses incurred due to:
– violation of this Agreement and current regulations,
– if the engine or the vehicle’s drive mechanism are damaged due to the improper usage of the vehicle by Service User,
– if these damages were caused by an unauthorised user or driver.
10.3. The Service User is liable for all other damages incurred due to not adhering to this Agreement provisions and regulations.
10.4. It will be considered that the last person i.e. last Service User who used the subject vehicle is liable for every unreported damage determined by the Service Provider.
11.1. The Service Provider’s vehicle are, in accordance with legal regulations and conditions, insured for damages which might be incurred to third persons due to death, physical injury, impairment of health, destruction or damage of things during the usage of vehicle by the Service User with deductible (franchise) determined by the Regulations on Fees. This type of insurance might not be sufficient in some situations to cover the possible liability of the Service User in case of a traffic accident or a similar event, to which the Service User expressly consents. In accordance with that, the Service User can agree additional insurance with the Service Provider which will additionally reduce the Service User’s liability.
The Service Provider enables the Service User to buy deductible (franchise) insurance:
Instant insurance (CDW) – fee for the reduction of the deductible. The liability of the Service User is limited to the amount of deductible (franchise). If the Service User activated instant insurance, he/she is liable for damage up to the amount of 900,00 kunas. Instant insurance can be activated via application, just before the start of usage of service. The insurance package is valid for a single service usage i.e. single car rental.
City Care 30 (CDW+) – monthly deductible buyback. City Care 30 insurance package can be activated via website. The package is automatically renewed every 30 days, and it refers to every usage of service by the Service User in the stated period.
City Care 365 (CDW+) – annual deductible buyback. City Care 365 insurance package is valid for 365 days i.e. one year from the activation via website, and it refers to every usage of service by the Service User in the stated period.
11.2. This insurance can become null and void if the Service User violates any provision of this Agreement, legal regulations and insurance conditions, in which case the Service User accepts to cover all expenses of the Service Provider in connection with that, if the Service Provider is liable for compensation of damage to a third person or its insurer.
11.3. The Service User’s liability for damage from item 10 of the Agreement (except liability for disappearance of additional equipment and vehicle parts) can be limited to the amount of the deductible by paying the fee/insurance package per Service provider’s price list, provided that the Service User did not cause the damage by violating the provisions of this Agreement or legal regulations, intentionally or by improper use.
11.4. To exercise the right to limitation of liability from the previous paragraph of this item of the Agreement, the Service User is obligated to prove with authentic documentation that he/she used the vehicle properly, that he/she abode by this Agreement and regulations, as well as the responsibility of the third party for the damage (police record, European Accident Statement etc.) by latest when returning the vehicle/ending the rental i.e. during the calculation of the price, compensation and damages of the Service Provider. If not done so, the Service User will not be able to use the limitation of liability. If the Service User subsequently proves with authentic documentation (police record, court or another competent body decision etc.) that the third party is completely responsible for the damage, the Service Provider will return the charged amount of damages to the Service User within 15 days of the Service Provider’s decision to return the funds.
- Termination of the Agreement
12.1. The Service Provider can terminate this Agreement with a written statement for the following reasons:
– in case of violation of any of the provisions of this Agreement i.e. non-fulfilment or untimely fulfilment of any of the Service User’s obligations from this Agreement,
– in case of violation of any legal and by-law regulation by the Service User in a way which can influence the fulfilment of the Service User’s obligations
– if the Service User provided incorrect personal information or failed to report a change in those information, including the withholding of information relevant to the fulfilment of contractual obligations, or if it was subsequently determined that he/she let an unauthorised person drive the vehicle.
12.2. The Service User expressly states that he/she is familiar and consents to the possibility of unilateral termination of the Agreement concluded on distance within 14 days, which is in this case excluded in accordance with article 79 of the Consumer Protection Act OG 41/14, 110/15), considering the fact that the Service Provider completely fulfilled the Agreement by allowing the Service User to use the vehicle, and the fulfilment commenced with expressed prior consent i.e. request of the Service User, who confirms that he/she is familiar with the fact that he/she might lose the right to unilaterally terminate the Agreement if the service is completely fulfilled.
The Service User expressly confirms that he/she has no right to unilaterally terminate the Agreement from the previous paragraph of this article because the subject of the Agreement is the provision of a car rental service i.e. Spin City service which will be provided on a specific date i.e. in a specific period.
Exceptionally, the Service User can unilaterally terminate the Agreement only in case he/she is not able to use the Spin City services for more than 30 days due to the Service Provider’s fault.
12.3. The Service Provider will send the written statement on the termination to the Service User in accordance with provisions on notification. The Agreement will be deemed terminated at the moment the document on the termination is sent by the Service User.
12.4. In case of termination, the Service User is obligated to immediately settle all debts and all accrued receivables and fees. The Service User is also obligated to compensate any damage the Service Provider will suffer in connection to this legal transaction immediately after being called upon to do so by the Service Provider. The Service User irrevocably authorizes the Service Provider to define the amount of compensation by engaging an appraiser or an expert, or to calculate the amount of compensation himself. The Service User authorizes the Service Provider to prove the amount of his receivables with an excerpt from his business records.
- Notification, personal information
13.1. All communication and notifications between the Service User and the Service Provider will be done in writing, in the following way:
– by email correspondence between the Service User and the Service Provider to the email address provided by the Service User
– by registered mail to the address provided by the Service User
– via Service Provider’s website
13.2. The Service User is obligated to immediately notify the Service Provider of any change of permanent/temporary residence and other personal information, email address, mobile telephone number, bank account for payment, as well as all possible limitations in regards to the ability and possibility to drive a vehicle.
13.3. The notification addresses are those stated during registration of the Service User. The Service User is obligated to immediately notify the Service Provider of any change of address. If not done so, sending notification to the address provided during registration or another address the Service User gave to the Service Provider will be deemed proper notification, if the Service provider has a proof that the notification was sent to such an address; in such a case the day when the written notification was sent to the Service User will be deemed the receipt of the written notification.
13.4. The Service User consents that the Service Provider collects and processes his personal information for the purposes connected to this Agreement.
- Settlement of disputes
14.1. The contractual parties will endeavor to amicably resolve all disputes arising from or connected to this Agreement, including the disputes which refer to interpretation, application and validity of this Agreement, and in case of failure to do so, the court in Zagreb with real jurisdiction will be competent to settle disputes.
- Invalidity and voidance of certain provisions
15.1. Possible invalidity and/or voidance of any of the provisions of this Agreement does not imply the invalidity of the whole Agreement. In that case, the parties will replace the invalid provision with a valid provision, i.e. a provision that fits the purpose of the Agreement.
- Changed circumstances
16.1. The Service User and the Service Provider waive the right to adduce the institute of changed circumstances.
17.1. The Service User confirms that he/she has understood the content of this Agreement and that he/she fully and unconditionally accepts it, and that by marking the field “I have read and I agree with the Agreement conditions” he/she electronically concluded the Agreement with the Service Provider.