Terms and Conditions

TERMS AND CONDITIONS

Effective from [21.10.2022]

These rental service provision terms and conditions (hereinafter the “T&C”) set forth herein govern the 1) client registration procedure; 2) reservation and use of e-scooters and cars; 3) terms and conditions applicable to the operation of vehicles; 4) rules of liability and 5) payment terms and conditions. Please read these T&C carefully as by using Services provided by Ideal the Client acknowledges that they have read, understood and agreed to be legally bound by these.

Ideal and the Client (as defined below) shall be deemed to have entered into contractual relationships in accordance with the T&C.

DEFINITIONS

The expressions indicated hereunder shall have the following meaning in these T&C and in relation to it, the words used in the T&C in the singular shall also mean the plural and vice versa.

Account – the Client’s user account registered in the Mobile Application;

Car – a motor vehicle with at least four wheels, which is designed for the carriage of passengers or goods, and the design speed of which exceeds 25 kilometres per hour provided by Ideal for the use of the Client against the fee on the basis of the T&C;

Client – a natural person who has accepted the T&C and entered into contractual obligations with Ideal by using the Services;

Electronic System – the Vehicle reservation system on the Mobile Application;

E-scooter – two-wheeled vehicles powered by an electric motor provided by Ideal for the use of the Client against the fee on the basis of the T&C;

Fuel Card – a fuel card in each Car intended to pay for fuel at the petrol/gas/service station specified by Ideal;

Ideal – Estonian private limited company Osaühing Ideal (Estonian commercial registry code: 10325140, registered address: Peterburi tee 47c, Tallinn, Harju county, Estonia);

Mobile Application – an application software intended for smart phones, tablets and/or other mobile devices by virtue of which the Vehicle reservation, unlocking, locking and/or other actions provided for in the software are being carried out;

Parking Zone – a parking lot and/or charging docks from which the Client collects the Vehicle and/or which the Vehicle must be returned;

Party – Ideal or the Client;

Period of Use – a period of time as of the moment of collection (unlocking) of the Vehicle, up to the moment of returning (locking) of the Vehicle;

Personal Data – any information which directly or indirectly, separately or in combination with other available information enables identification of a natural person, such as name, e-mail address, IP address, personal identification code, photo, description, phone number etc;

Pricelist – the Service fees, fines, amounts of losses, other fees and charges published on the Website and Mobile Application. The Pricelist forms an integral part of these Terms and Conditions.

Privacy Terms – Ideal’s e-vehicle privacy terms, which contains information on the processing of Client’s personal data, including the Client rights as a data subject, available at https://www.myavis.ee/en/privacy-notice

Services – all the services provided by Ideal to the Client, including rental (provision of use), maintenance (overhaul and current repairs, technical support), civil liability insurance, as well as provision of materials, charging and fuels necessary for use and operation of the Vehicle according to their normal and usual purpose;

Terms and conditions or T&C – all terms and conditions regulating the provision of Services stipulated in this document or incorporated by reference to this document;

Vehicle System – an electronic system installed in the Vehicle, which records the location of the Vehicle, the distance covered by the Vehicle, the time of use of the Vehicle, use of the Fuel Card and other data related to the Vehicle and use thereof, and transmits data to Ideal;

Vehicles – a common nominator for E-scooters and cars in the meaning of these T&C;

Website – all substance in any form made available on/through Ideal’s website, under www.myavis.ee/en  or any of its sub-domains.

GENERAL TERMS

These T&C shall be effective between Ideal and the Client as of the moment when the Client signs up for the Services and obtains access to the Mobile Application and Services for an indefinite term.

Ideal reserves the right, at its sole discretion, to alter, modify or replace the T&C by notifying in advance through the Webpage and/or Mobile Application. Thus, the Client undertakes to periodically check the Website and/or Mobile Application for the most up to date version of the T&C. By continuing to use the Services after being informed of amendments as given above, the Client agrees to be bound by the amended T&C. Notwithstanding the above, the amended T&C shall become effective regardless of the use of the Services after 5 days have passed from the above-referred notification.

The T&C constitutes the entire agreement between Ideal and the Client relating to the subject matter here of and supersedes and replaces all prior agreements and understanding between Ideal and the Client with respect to that subject matter, unless otherwise agreed by Ideal and the Client in writing.

All of the Services by Ideal are provided based on “as is” and “as available” basis. Ideal does not guarantee that any of the Services or Vehicles will be available at any time and in good repair or in an error-free conditions.

Ideal shall be entitled to suspend the provision of Services to the Client, cancel his/her trips or reservations and block access to their Account or Electronic System, if the Client fails to comply with these T&C. Ideal shall also be entitled to request the Client to eliminate a violation of the T&C within an additional time limit, which in any case shall not exceed 1 hour. If the Client fails to eliminate the violation of the T&C within the set time limit, it shall be considered that after expiration of this limit, the Period of Use of the Vehicle shall also expire and the Client loses their right to continue with the use of the Vehicle. The Client must then immediately return the Vehicle to the Parking Area. In case the Client fails to do so, Ideal has the right to suspend the provision of Services by blocking the possibilities to start, unlock or use the Vehicles. In such case, the employees of Ideal also have the right to collect the Vehicle without the Client’s participation or prior notification.

ACCOUNT REGISTRATION AND USER ELIGIBILITY The Client is eligible to use the Services, if:

the Client is not less than 16 years old and legally authorised to ride E-scooters or not less than 21 years old and legally authorised to drive Cars according to Estonian laws;

has an Account;

the Account is linked with a valid credit or debit card or other payment method supported by the Mobile Application;

the Client has a valid driver’s license in the service area in which the Client is using the Services, if such license is compulsory for the use of the Vehicles;

the Client is physically fit, and has the necessary skills and expertise to use, ride and operate the Vehicles, in a safe and competent manner.

Upon registering the Account, the Client shall:

read the T&C, Pricelist, Privacy Terms upon completing the registration. By completing the registration the Client confirms that all information provided by Ideal is clear, understandable and he/she accepts the T&C;

indicate his/her e-mail address and phone number, which will allow the Client to log into the Account from the Mobile Application. The Client is solely responsible for protecting the user information of the Account and Mobile Application, and shall ensure the confidentiality and security of their login details;

link his/her Account with mobile number and a valid credit or debit card or other payment method supported by the Mobile Application. By doing this, the Client authorises Ideal to charge the Client’s selected payment method for all fees and charges incurred by the Client pursuant to these T&C. Such fees and charges may be subject to applicable taxes, which may also be charged and collected by Ideal;

for using the Cars, present a valid document which would prove the right to drive cars and confirm its validity by following the procedure of the Mobile Application;

only use their real name and insert accurate personal and payment card information, also keep such information up to date at all times.

If the Client fails to enter correct information as indicated in clause 3.2, the registration process shall be deemed invalid and therefore incomplete.

The Client is liable for the access, control and security of the Account. Ideal has the right to assume that anyone using the Client’s username and phone number is authorised by the Client to do so and the Client shall be liable and assume all risk related to the use of his/her Account by any unauthorised third party up to the moment of notifying Ideal. The Client is obligated to notify Ideal if their login details have become available to unauthorised third parties or their Account in being compromised or available for use by a third party. Upon receiving such information, Ideal shall immediately, but not later than 8 working hours block the Client’s Account.

If the Client has notified Ideal under clause 3.4, any possible losses incurred after the notification shall be borne by Ideal, unless the damage was caused by the Client’s intentional actions. The Client shall be liable and shall assume all risk related to the use of his/her Account by any unauthorised third party up to the moment of Client’s notification referred to in clause 3.4.

The Client has no right to:

assign, trade or lease his/her Account;

create fake, illicit, false Accounts.

The Client shall ensure that when using the computer hardware, software or other equipment for registration and/or login to Mobile Application or Electronic System, all rational and contemporary security measures (including, but not limited to firewalls, anti-virus and anti-malware software) are activated, and shall accordingly be responsible for all of the consequences arising from the inadequate protection of the Client’s computer, smartphone, tablet or other device.

CONDITIONS OF USE General termsWhile using the Services, the Client shall:

comply with the Vehicle operation requirements established by the manufacturer of the Vehicle and specified in the Manuals/instructions which can be found in the Car;

comply with Ideal’s instructions and recommendations set out in the T&C;

comply with the legislation applicable for driving the Vehicles and other applicable regulation;

not use the Vehicles for racing or other sport related purposes, use it as a training vehicle, use it as towing of other vehicles, use the Vehicles for the purposes for which they are not adapted or designed or other activities prohibited by the applicable legislation;

not sublease the Vehicle, assign any rights or duties hereunder or transfer the Vehicle to another third party, or allow a third party to use the Vehicle, if not otherwise agreed between the Parties in writing;

drive and operate the Vehicles in a safe manner, start driving the Vehicle at a controlled speed, taking into account his/her earlier experience, skills and weather conditions;

keep in mind recommendation to use protective gear (e.g. helmet) while operating E-scooters;

be 100% sober and not under any influence of psychoactive substances. Ideal has the right to install an alcolock into the Vehicles, which shall prevent the usage of the Vehicles if the driver’s breath contains any alcohol;

not drive or operate the Vehicles while being sick, tired or where their driving may be a risk to the general traffic safety;

oblige to follow other requirements, specified in his/her driving licence (e.g. in what categories are they allowed to drive);

acknowledge that the Vehicles remains the property of Ideal at all times and the Client is not allowed to modify, repair, dismantle, vandalise or any other manner change the Vehicle or any equipment attached to it;

assume full responsibility for the care of the Vehicle during the Period of Use and return the Vehicle in the same condition in which it was rented to the Parking Area, considering the normal wear.

In the event the Client stops using the Vehicle for a short period of time, intending to resume shortly and has not completed his/her trip by locking the Vehicle, the Client must take all steps necessary and available to him/her to ensure the safety of the Vehicle and possible misuse by any third party.

The Client undertakes to immediately notify Ideal and the respective public authorities (e.g. police) if the Vehicle is destroyed, damaged, breaks down or otherwise becomes improper for further using, as well as inform about circumstances preventing from operation and use of the Vehicle.

Creating the Account and starting to factually use the Services, the Client shall be deemed to have given his/her confirmation that he/she has sufficient knowledge for using and operating the Vehicle, has necessary skills for using the Vehicle and they meet the standard of physical fitness necessary for operating the Vehicle.

The Client is only allowed to use the Vehicles in Estonia. The Client is allowed to use the Vehicle outside the territory of Estonia only with a prior written consent of Ideal.

Use of the Mobile Application Start of the Period of Use

Before starting a trip, the Vehicle must be reserved via Electronic System on the Mobile Application. For reserving the Vehicle, the Client shall log into the Mobile Application by using an unique SMS code sent to his/her phone number. A suitable rental point must be selected in the Mobile Application (the start and end point of the trip must be the same) and the period of use of the vehicle in the calendar system, i.e. the dates and time. After that the available vehicles and price for the selected period of use will be displayed. The reservation shall be confirmed by the Client with prepayment. The confirmation of the reservation is shown in the Mobile Application and the Client will receive an advance invoice for it.

To change or cancel the reservation, the customer support of Ideal must be contacted. If the reservation is cancelled 24 hours before the start of the period of use, the entire advance payment will be returned. If the reservation is cancelled less than 24 hours before the start of the period of use, the advance payment will be partially refunded. When changing the reservation, the initial reservation is cancelled and the Client makes a new reservation.

For unlocking the Vehicle, the Client must select an appropriate command and follow the instructions shown on the Mobile Application.

After unlocking the Vehicle and before starting the trip, the Client must examine the Vehicle, both exterior and interior (if applicable), to make sure the Vehicle does not have clearly visible damages. The Client is obligated to inform Ideal in case of any detected nonconformities by calling +372 605 1144 or sending email to info@avisnow.eu. Upon failure to act as described herein, all non-notified damages shall be considered as occurred during the Period of Use by the Client.

End of the Period of Use

Upon completion of the use, the Client must return the Vehicle to the same Parking Place where it was collected, meaning that the Parking Place, from which the Vehicle was collected at the beginning of the trip may not be different from the Parking Place which the Vehicle is returned.

Before returning the Vehicle, the Client shall put the key of the Vehicle, if applicable, to the same place from which it was taken, check if no personal belongings were being left in the Vehicle, remove any trash and check, if all Vehicle’s documents and accessories (if applicable) are in the same place as before starting the trip.

Upon returning the Vehicle to the Parking Place, the Vehicle must be locked according to the instructions shown on the Mobile Application. To lock the Vehicle, the Client must select an appropriate command on the Mobile Application and follow the instructions shown herein.

The Client shall be obliged to return the Vehicle in the condition which is not worse than the condition in which the Vehicle was received, taking into account normal wear and tear.

Use of the Cars

The Client may start using the Car within the time limit which is indicated for each Car in the Electronic System, otherwise the reservation for the Car will be cancelled. The Car may be opened 10 minutes before the start of the reservation.

To start driving the Car, the Client shall start the Car by using the ignition key kept inside the Vehicle. In case the Car does not require the ignition key, the Car can be started by pressing the start button next to the steering wheel and keeping the breaking pedal pressed down.

For returning the Car, the Client must choose the command “End my Ride” on the Mobile Application. Before leaving the Car, the Client must ensure, that the Car was locked properly and the ignition key is left inside the Car.

The minimum term of use of the Car shall be 30 minutes and maximum days shall be 21 days, unless otherwise agreed between the Parties in writing. If the Client returns the Car earlier then the minimum term of use, the Client will not be refunded for the earlier return.

If the Client wishes to extend the period of use of the Car by more than 30 minutes, the Client must contact the customer support of Ideal at least 20 minutes before the initial period of use expires and agree on extending the period of use. The extension of the period of use is carried out based on the availability and taking into account other reservations made for the Car. The fee for driven kilometres and overbooking time will be billed after the end of the period of use. In case of exceeding the initial reservation time, the calculation of the rental fee for the new period of use starts again. For example: if the initial reservation is made for 6 hours (which according to the price list is equal to the daily price), but the Car is used for 7.5 hours, the rental fee is the daily price + 1.5 hours' fee. When returning the Car, an additional invoice is sent to the Client.

 If the Client fails to return the Car within the permitted timeframe of maximum days for use, Ideal shall be entitled to address police for the theft of the Car and to block the possibility to start the Car.

By giving one day notice to the Client, Ideal shall be entitled to replace the Car with another Car in the corresponding category and parameters at any time during the Period of Use, if it is needed to perform periodic maintenance and repair works for the Car, remove any possible failures of the Car or carry out other necessary actions. In such case, the Client shall allow Ideal to replace the Car on the day and time specified by Ideal at the place agreed by the Parties, and accept another Car in accordance with the T&C.

Each Car is equipped with a Fuel Card, which is the property of Ideal. Fuel Cards are strictly meant only for filling up the Car and the Client is not allowed to use any other service stations for filling up the Car other than the one which has issued the Fuel Card. In case the fuel reserve of the Car decreases down to ¼ of the fuel tank, the Client must use the Fuel Card and refill the fuel tank in the nearest service station. In order to receive the PIN code of the Fuel Card, the Client must call to customer support +372 605 1144.  The price of the fuel shall not be charged to the Client as it will already be included in the Service fee. Fuel Card shall only be used for filling the Car and filling any other containers and/or cars with the Fuel Card is strictly prohibited. If the Client breaches this prohibition, Ideal will notify the police about the unlawful use of property and the Client shall pay the contractual penalty as stated in the Pricelist and indemnify Ideal against any possible losses that are not covered by the penalty.

The Client must keep the Fuel Card safely inside of the Car and upon returning the car, leave it in the Car. In case the Client loses the Fuel Card, he/she must immediately notify Ideal about it and compensate any loss Ideal may occur due to the loss of the Fuel Card.

The Car shall be returned and parked in the same Parking Area where the Car was collected.

If during the Period of Use the Client parks the Car in private parking or public parking space during the paid hours, the Client is obligated to pay for the parking services.

Any action or attempt to read, copy, change, modify or delete the data of the Vehicle System is strictly prohibited.

The Client must use the Car in good faith and not cause any damage to it. The Client and any person permitted into the Car by the Client are strictly prohibited from smoking inside of the Car.

In case the Client uses the Car for transporting an animal, the Client acknowledges that any animal inside of the Car must be transported only inside of a specifically adapted animal transportation cage.

Use of two-wheeled Vehicles (E-scooters)

E-scooters may be rented and used only by a person who is not less than 16 years old and legally authorised to ride them.

All damages directly or indirectly caused by a person under 16 years using the two-wheeled Vehicles shall fall within the liability of the parents or legal guardians of the minor. Both the parents or legal guardians shall also be liable for damage caused by a person up to 18 years of age regardless of the culpability of the parents or legal guardians, unless they prove that they have done everything which could be reasonably expected in order to prevent the damage.

Any Period of Use with the E-scooters may only start and end by unlocking the E-scooter from its station. E-scooter may withstand up to 100 kilograms.

For using the E-scooters, the Client must unlock them from the station via the Mobile Application and follow the instructions provided via the application.

After returning the E-scooters, the Client must ensure, that the two-wheeled Vehicles have been correctly locked into the station and the Mobile Applications confirms that the return of the Vehicle was successful.

FEES AND PAYMENTS

For the use of Services, the Client shall pay Ideal any fees and charges in accordance with the T&C and the Pricelist that is valid at the moment of use of the Services. Each use of the Vehicles starts with a click “Start the ride” and terminates with a click “End my ride” on the Mobile Application. Fees and other charges for the Services may be subject to applicable taxes and other local government charges, which may be charged and collected by Ideal.

The Service fee shall be calculated by the actual time and kilometres used for the Services or be based on the chosen subscription specified in the Pricelist.

The Client receives two invoices for the use of the vehicle: an advance invoice when the reservation is confirmed and a final invoice at the end of the trip, which includes the number of kilometres travelled and, if the booked usage period is exceeded, an additional fee for additional usage.

The Client has the possibility to accept advance payment from third parties to his/her Account that could be used by the Client to pay for the Services. Current Account balance can be found in the Mobile Application. If there is free advance payment of the Account, Ideal will first charge the cost for the Services from the advance payment and debit the outstanding part, if any, from the payment method linked to the Client’s Account.

Ideal may issue promotional coupons or codes subject to any additional terms established by such promotion code. Ideal has the right to modify or cancel such promotion codes at any time on their sole discretion.

The Client shall be responsible for any fines, penalties, fees and/or other charges by Ideal that result from the Client’s usage of the Services (including, but not limited to any parking fines, parking charges outside of the Parking Area, incorrect use of the Fuel Card etc) or as a result of violating any law, rule, regulation or ordinance.

All amounts due and payable to Ideal shall be charged automatically from the payment method the Client has linked to the Account. If such payment method fails, Ideal may employ other necessary collection procedures. The Client hereby agrees to compensate any and all cost Ideal occurs for collecting such payments, including without limitation reasonable legal fees Ideal.

The Client is allowed to link more than one payment method to the Account and choose the card to be used for paying for the current Services. The payment method linked to the Account must enable automatic debiting from the card. The Service fee shall be automatically debited by Ideal from the Client’s respective payment card right before the beginning of the of Period of Use.

In case of a failed attempt to debit the funds and/or insufficient amount of funds from the payment method linked to the Client’s Account, the use of Services shall not be possible till the outstanding amount is paid according to the T&C and the Pricelist.

If the Client’s selected payment method was not automatically debited for the Services and the Client fails to pay for the used Services till the last day of the Period of Use, Ideal shall issue a VAT invoice for the Services provided and send it to the Client by e-mail. After receiving such invoice, the Client is obligated to check the invoice for its correctness and notify Ideal of any noticed non-conformities within 2 days. If the Client fails to bring claims within the aforementioned time limit, the Client shall be considered to have accepted the invoice.

If the Client does not receive a VAT invoice by e-mail till the last day of Period of Use, and the invoice cannot be found in the Client’s e-mail address linked to his/her Account, the Client is obligated to notify Ideal and ask for the invoice. The absence of the invoice does not release the Client from their obligation to pay.

If the Client is obligated to pay any fine, penalty or charge under the T&C due to the Client’s infringements of their obligations, Ideal has the right to debit the Client’s payment method immediately after the infringement was detected, duly recorded and the Client was notified in advance.

If the Client disputes any transaction charged to the Client’s selected payment method, the Client must contact Ideal within 7 days.

The Client is obligated to inform Ideal immediately about any changes relating to the Client’s selected payment method in the Mobile Application which may impair Ideal’s ability to charge the Client pursuant to these T&C (including, but not limited to a loss, theft or expiry of the payment card).

In case the Client fails to make payments in a timely manner, Ideal is entitled to authorise a debt collection company to carry out the collection actions or assign its right of claim to the debt collection company for the collection of the Client’s debt. The Client’s personal information available to Ideal may be transmitted to public authorities and/or bailiffs for the purposes of payment and collection of taxes and fines.

The Client shall pay to Ideal the default interest at the rate of 0,05% upon the overdue amount of each delayed day.

Ideal has the right to change the Service fees unilaterally at any time.

In case Ideal has to reimburse the Client any losses under these T&C and/or Ideal debits the Client’s payment method by mistake, Ideal shall immediately transfer the respective amount to the Client’s payment method.

LIABILITY AND LIMITATION OF LIABILITY

During the Period of Use, the Client acknowledges and agrees that the use of Services is at the Client’s sole and individual risk. Ideal is not responsible for any consequences, demands, causes of action, claims, loss, liability, damages, fees, costs, injuries, penalties, legal fees or disbursements of any kind, whether foreseeable or not, that the Client or a third party may suffer as a result of the use of the Services by the Client.

Not with standing clause 6.1, the Client shall not be responsible when:

violations were committed or the damage was caused at the fault of Ideal and/or third persons;

the Client’s liability is limited or eliminated based on legal acts;

the failures of the Vehicle arise in the course of operation of the Vehicle that are caused by the previous use, operation or normal wear of the Vehicle. This applies only in case the Client notifies Ideal immediately by telephone and complies with all the instructions given by Ideal.

The Client is solely responsible for any damage to his/her personal belongings (i.e. clothes, bags, things on board of the Vehicle etc) or used in the course of the use of the Services, unless such damage has occurred due to the gross negligence or intention of Ideal.

In case of loss of the Vehicle, the Client is obligated pay to Ideal the fine indicated in the Pricelist and compensate Ideal for all losses not covered by that fine. After doing that, the Client shall not acquire the ownership of the Vehicle.

Fines stipulated in the T&C and/or the Pricelist shall be considered as Ideal’s minimum indisputable losses, including potential damage to Ideal’s goodwill, trademark, brand image, corporate and social integrity and reputation caused by the unlawful actions of the Client. Payment of the fines by the Client shall not release the Client from the duty to compensate Ideal all other damages and/or losses not covered by that fine.

In case during the Period of Use the Client breaches his/her obligations under the T&C, or damages, destroys, loses or in any other way damages the property and/or ownership of Ideal in regards of the Vehicle, the Client shall pay Ideal the following fines as specified in the Pricelist:

for damaging tires that are considered to be beyond the possibility to repair;

for smoking in the Car;

for unlawful use of the Fuel Card;

for dangerous or careless driving;

for driving under the influence of alcohol, drugs and/or other psychoactive substances;

for allowing unauthorised persons to login/use the Account;

for allowing other persons to use the Vehicle rented by the Client, unless otherwise agreed between the Parties;

for removing and/or replacing any parts from the Car, including but not limited to tires, rims, mirrors, grills, safety kit, fire extinguisher, first aid kit.

for any other violations indicated in the Pricelist.

In case of an accident during the Period of Use that was caused by the Client, the Client is obligated to pay Ideal the penalty indicated in the Pricelist. Ideal has the right to debit this penalty automatically from the payment method linked to the Client’s Account. Ideal has the right to debit the penalty after the accident was detected and/or notified by the Client, duly recorded and Ideal has notified the Client about it in advance. If after further assessment the actual loss for Ideal because of the accident is lower than the debited amount, Ideal shall transfer the difference to the same Client’s payment method the penalty was debited from within 14 calendar days from the moment the amount of actual loss was determined.

To the extent not covered by the fines, penalties and other charges under the T&C and Pricelist, the Client is obligated to compensate Ideal any and all exceeding damages suffered by Ideal due to the fault of the Client, including, but not limited to, as a result of:

providing false data and/or information upon registration of the Mobile Application and setting up the Account;

failure to keep the payment method linked to the Application up to date and valid  and/or have sufficient amount of free resources on the payment method to pay for the Services;

failure to comply with these T&C;

using the Vehicle in a manner that it’s not designated or intended for;

allowing an unauthorised person to use the Vehicle;

not being entitled to drive the Vehicle of such category or is not entitled to drive Vehicles at all (i.e. age limit for E-scooters, not having a drivers license for Cars etc);

operating the Vehicle under the influence of alcohol, drugs and/or other psychoactive substances;

failing to comply with requests of the police or other competent authorities;

failing to report any possible traffic accident to the police and/or other competent authorities;

fines, penalties or other charges or sanctions issued to Ideal due to the Client’s actions;

using the Vehicle for carrying out criminal activities;

damaging the Vehicle while loading or unloading any goods to and from the Vehicle;

staining, tearing, scratching or in any other manner damaging the interior or the exterior of the Vehicle, including if it was done by pets or other passengers allowed into the Vehicle by the Client;

losing the Vehicle;

violating any applicable legal acts.

The Client shall use the Vehicle prudently and avoid smearing the interior of the Vehicle more than characteristic to a normal wear and tear. If the Vehicle’s interior becomes dirtier than is considered as normal after such use, the Client shall be obliged to pay the cleaning fees indicated in the Pricelist, and if such fees are not indicated, then the washing and cleaning costs of the Vehicle. The afore mentioned shall also apply to the Vehicle’s exterior, should it be dirtier than what is considered to normal for the Period of Use.

In case the Client violates any applicable Road Traffic Regulations and/or other applicable legal acts during the Period of Use, in addition to any fine or charge imposed by respective authorities which the Client is obligated to pay, Ideal is entitled to charge the Client the administration fee according to the Pricelist. Such Administration fee shall compensate Ideal’s expenses related to the violation and its management.

In case the Client has damaged Ideal’s property that was insured, and the Client is responsible for such damages, the insurance company which has insured the Vehicle and compensated the damages to Ideal, acquires the right to recourse the total amount paid out to Ideal  to the Client.

If Ideal becomes aware of a situation where the Client has, or the circumstances provide a probable cause that the Client most likely will cause damage to Ideal , it has the right to immediately, for an indefinite period, suspend the provision of Services to the Client, block the Client’s access to their Account and take back the Vehicle without further notice.

Ideal shall be liable for the performance of the obligations provided in these T&C and shall be obligated to indemnify the Client against direct losses caused by improper performance of Ideal’s obligations.

The Client hereby acknowledges that the functionality of the Mobile Application may be restricted due to occasional technical errors and Ideal may not be able to guarantee unlimited faultless functioning of the Mobile Application at all times. In case of any defaults regarding the Mobile Application, Ideal undertakes to correct them as soon as possible. Ideal is not to be held liable for any losses incurred by the Client as a consequence of the malfunctions of the Mobile Applications or not being able to use it in the desired manner.

To the extent such liability limitation is allowed by the applicable law, Ideal shall not be held liable for:

any possible damage suffered by the Client due to the delay related to the use of the Services;

any harm to the Client’s health or life while using the Services;

any damage caused by the Client to third persons while using the Services;

any harm or damage caused to the Client or third persons due to the actions of previous user of the Vehicle, e.g. the previous user has without authorisation by Ideal changed/modified the Vehicle’s driving characteristics by changing the tires, filling it with wrong fuel etc;

any indirect loss;

in any case, for losses that Ideal is liable for, that are exceeding the price of the Services that were not provided or were provided improperly.

In no event shall Ideal’s aggregate liability for any and all claims under these T&C, including those based on tort or other grounds, exceed EUR 500 or the amount of the fees paid by the Client to Ideal for the Period of Use during which the accident, incident or event that caused the claim occurred, whichever is lower.

In case the Vehicle is not found in the designated Parking Area or does not correspond to the condition of these T&C, the Client shall notify Ideal by calling +372 605 1144 or sending email to info@avisnow.eu.

Neither the Client nor Ideal shall be responsible for damages or failures in performance resulting from the force majeure. Under these T&C, force majeure shall include, without limitation, a circumstances beyond the reasonable control of the non-performing party, such an earthquake, fire, flood, war, terrorism, pandemic, civil, industrial or military disturbance, sabotage, labour strike or lock-outs, epidemic, riot, loss or malfunctioning of utilities or communication services, major cyber-attack, or governmental, judicial or regulatory action. However, force majeure shall not constitute an impediment and an excuse for the performance of financial obligations.

PROCESSING OF PERSONAL DATA

Ideal processes the Personal Data of the Clients according to the terms and conditions of its Privacy Terms.

GOVERNING LAW

These T&C shall be governed and construed in accordance with the laws of Estonia, without regard to its conflict of law provision.

Ideal and the Client shall make the effort to resolve the disputes arising from the T&C by way of amicable negotiations. In the event the Client and Ideal fail to reach an agreement in the dispute, it shall be subject to the exclusive jurisdiction of Harju County Court.

Should Ideal fail to enforce any right or provision of these terms, it will not be considered a waiver of those rights.

If any provision of these T&C is held to be invalid or unenforceable by a court, the remaining provision of the T&C will remain in effect.

MISCELLANEOUS

Parties undertake to notify each other of any changes to their information, e.g. name/surname, address, payment details etc not later than within 5 calendar days.

Ideal is entitled to unilaterally assign all rights and duties arising out of the T&C to any third party related to Ideal by giving a written notice to the Client.

If the Client is not able to use the Services properly, he/she is obliged to notify Ideal by telephone or by e-mail.

In case of any questions about the T&C, Ideal can be contacted by sending an email to info@avisnow.eu.