Rules

Valid from: 2022-09-16 17:21
TERMS AND CONDITIONS

1. DEFINITIONS
 
1.1 The ADCRent Platform is an electronic Vehicle sharing system where the beneficial owner and/or operator of a Vehicle (the "Owner") may place his/her Vehicle and another person (the "Driver") may rent the Vehicle at a price and on terms and conditions agreed between the Owner and the Driver.
 
1.2 ADCRent - UAB DK investicijos, legal entity code 300147633, registered office address Rodūnios kel. 3, LT-02189 Vilnius, mailing address Rodūnios kelias 3, LT-02189 Vilnius, Lithuania, which is the owner and operator of the ADCRent platform, and, in some cases, the Owner of the Vehicles (p. 3.3 of the Rules).
 
1.3 Owner - means the owner of a Vehicle or any other person lawfully in possession of a Vehicle who has the right to lease the Vehicle and who places their Vehicle(s) on the ADCRent Platform and offers their Vehicle for lease to Drivers on the ADCRent Platform. The Owner may be a natural or legal person. In some cases, the Owner of the Vehicles is ADCRent (page 3.3. of the Terms and Conditions). 
 
1.4 Rental Company - An Owner, a legal entity which independently operates a car rental business and with which ADCRent enters into a separate Cooperation Agreement governing the relationship between ADCRent and the Rental Company. The Rental Company shall place its Vehicle Listings on the ADCRent Platform and shall offer Drivers, under its own responsibility, to rent its Vehicles in accordance with the terms and conditions set out by it.
 
1.5. Driver means the person who makes a reservation for the Vehicle on the ADCRent platform and/or enters into a Vehicle Rental Agreement with the Owner or Rental Company. The Driver can only be a natural person.
 
1.6. User means a person who uses the ADCRent platform.
 
1.7. User account - a personal account that a person creates on the ADCRent platform.
 
1.8. Rules - the rules of use of the ADCRent platform (these Rules), which shall be deemed to be a contract between the User and ADCRent and to which the User accepts and agrees to be bound by from the moment the User accepts the Rules.
 
1.9. Commission - the fee paid by the Owner to ADCRent for the use of the ADCRent Platform.
 
1.10. Penalty Charge Administration Fee - a fee of EUR 25 payable by the Driver to ADCRent for the administration of a penalty in the event that the Driver commits an administrative offence.
 
1.11. Vehicle means a motor vehicle owned or otherwise lawfully possessed by the Owner, which the Owner has the right to lease to third parties and which the Owner places on the ADCRent Platform and offers for lease to Drivers, and the Drivers lease the Vehicle from the Owner on the basis of a Rental Agreement.
 
1.12. Rental Agreement - the Vehicle Rental Agreement concluded between the Owner and the Driver, whereby the Owner makes the Vehicle available to the Driver for use under the terms and conditions and for the term agreed in the Rental Agreement, and the Driver undertakes to pay the Rental Fee for the rental of the Vehicle and to perform the other obligations specified in the Rental Agreement.
 
1.13. Rental Fee means the fee for the rental of the Vehicle paid by the Driver to the Owner via the ADCRent platform.
 
1.14. Cleaning Fee (where applicable) - the fee for routine cleaning of the Vehicle after the Rental Contract paid by the Driver to the Owner via the ADCRent Platform on the basis of the Rental Contract.
 
1.15. Insurance Fee (where applicable) - the fee for the instant IF CASCO insurance of the Vehicle (p. 6.1 of the Terms and Conditions) during the period of its Rental, chosen by the Owner and paid by the Driver to the Owner via the ADCRent platform on the basis of the Rental Agreement.
 
1.16. Deposit (where applicable) means the amount of money paid by the Driver to the Owner through the ADCRent platform to secure the Owner's losses. The terms and conditions for the use and return of the Deposit are set out in the Rental Agreement and these Terms and Conditions. If the Driver reserves the Rental Company's Vehicle, in such case all conditions for the amount, use and repayment of the Deposit shall be set out by the Rental Company in its Rules and in the Rental Agreement.  
 
1.17. "SUPER EASY" insurance - an additional insurance service that the Driver may purchase from ADCRent. "SUPER EASY insurance allows the Driver to reduce the risk to 100 EUR in the event of damage. It is not valid in case the damage is caused by the Driver's intent or gross negligence (Art. 6.6 of the Terms and Conditions) or in case the Driver is liable to pay contractual penalties for breaches of the terms and conditions of the Rental Contract (Art. 7.1.6; 7.1.7 of the Terms and Conditions).
 
1.18. "SUPER EASY" Insurance Fee - The fee calculated at the daily rate payable by the Driver for SUPER EASY insurance cover (the amount of the fee shall be determined by ADCRent, taking into account, among other things, the particular Vehicle and the insurance option chosen by the Owner). 
 
1.19. Road Traffic Rules means the road traffic rules in force in the territory of use of the Vehicle, as governed by the legislation in force in that territory (country).
 
1.20 Privacy Policy - ADCRent's Privacy Policy. The Privacy Policy regulates the processing of personal data. The Privacy Policy is posted on ADCRent's website www.adcrent.com.

1.21. "EASY" Cancellation - ADCRent offers Drivers a free cancellation add-on service at a price determined by ADCRent. By purchasing this service, the Driver can cancel the reservation free of charge at least 2 hours before the start of the reservation. Once the Driver has purchased the cancellation add-on service and the rental has been completed, ADCRent will share with the Rental Company or the Owner 50% of the amount paid by the Driver for the free cancellation add-on service.
 
2. PURPOSE AND VALIDITY OF THE POLICY
 
2.1 The Terms constitute a binding contract between ADCRent and the User. These Terms constitute a binding contract between ADCRent and the User. By accepting these Terms and Conditions, the User enters into a contract with ADCRent. These Terms set out the rights and obligations of Users and ADCRent and summarise information relating to the operation of the ADCRent platform. 
 
2.2 Acceptance of the Terms. The Terms are binding on the User from the moment the User accepts the Terms. The User's consent corresponds to the electronic signature of the contract.
 
2.3 Procedure for modifying the Rules. ADCRent has the right to unilaterally modify these Terms. ADCRent shall inform the User of the amendment of the Terms on the ADCRent Platform. When the User logs in to his/her account (once the User has created an account), he/she is asked to read and accept the updated Rules. If the User does not confirm his/her consent by ticking the appropriate consent box, the User shall not be able to continue using his/her account. If the User uses the ADCRent Platform without having created an account, the User must agree to the updated Terms each time he/she makes a reservation for a Vehicle.
 
2.4. Rental of Rental Company Vehicles in accordance with the Rental Company Rules - when the Driver reserves a Rental Company Vehicle through the ADCRent Platform, such rental shall be subject to the Rental Company Rules, which the Driver must read and agree to prior to reserving the Rental Company Vehicle. In the event of any inconsistency between the Rental Company's Rules and these Terms and Conditions, the Rental Company's Rules shall prevail, with the exception of Sections 5.1 to 5.3 (Reservation and Cancellation of the Vehicle), 7.2 (Driver's Payments to ADCRent), 7.6 (Receipt / Set-off / Recovery of Amounts Due to ADCRent) and Section 9 of these Rules. (Duties of the Driver). That is to say, the above-mentioned clauses of these Conditions (clauses 5.1 to 5.3, 7.2, 7.6, 9) shall apply in all cases, irrespective of the conditions set out in the Rental Company's Rules.
 
2.4 Relationship between ADCRent and the Rental Company. The relationship between ADCRent and the Rental Company is governed by a separate Cooperation Agreement. These Terms and Conditions shall apply only to the extent not inconsistent with the Cooperation Agreement. The relationship between ADCRent and the Rental Company shall be entirely exempt from the provisions of Sections 6 and 7 of these Terms.  

 
3. GENERAL CONDITIONS
 
3.1 Purpose of the ADCRent platform. The ADCRent Platform enables the User to participate in Vehicle sharing (rental) relationships with other Users of the ADCRent Platform. Through the ADCRent Platform, Owners offer Vehicles for rent to Drivers and Drivers choose Vehicles offered by Owners. The ADCRent Platform provides instruments for the exchange of information between the Driver and the Owner, enables the Driver and the Owner to conclude the Rental Agreement, to settle payments, to resolve organisational issues and disputes. When the Driver makes a reservation for a Rental Compaby Vehicle through the ADCRent platform, both the signing of the Rental Agreement and subsequent organisational issues and disputes shall be settled directly between the Driver and the Rental Company in accordance with the rules established by the Rental Company. 
 
3.2 Rental Agreement between the Driver and the Owner. For the rental of the Vehicle, the Owner and the Driver shall conclude a Rental Agreement between themselves. ADCRent shall not be a party to the Rental Contract, unless ADCRent is the Owner of the Vehicle itself (page 3.3 of the Rules). Users are responsible and must independently carry out the Rental Contract properly, taking care of their own duties and the proper enforcement of their rights. If a dispute arises between Users, the Users must first settle the dispute between themselves. If the Users are unable to resolve the dispute directly between themselves, any User may contact ADCRent. Disputes shall be resolved in accordance with the procedures set out in Section 11 ("Dispute Resolution") of these Terms.
 
3.3 Rental Agreement where ADCRent is the Owner of the Vehicle. Where ADCRent is the Owner of the Vehicle, a Rental Agreement shall be concluded between the Driver and ADCRent as Owner. The standard terms and conditions of the Rental Agreement for ADCRent as Owner of the Vehicle applicable to the case described in this clause are available at čia
 
3.4 ADCRent's right to claim payments and/or compensation for damages. ADCRent shall be entitled to claim from the User all payments or penalties which the User is liable to pay to ADCRent in accordance with these Terms and Conditions and to indemnify ADCRent for any loss suffered by ADCRent as a result of the User's fault. This right of ADCRent includes, but is not limited to, the following:
3.4.1. the User shall be liable to pay to ADCRent a fee or penalty as provided in these Terms;
3.4.2. the User fails to comply with these Terms and Conditions and ADCRent suffers loss as a result;
3.4.3. the User is in breach of the law and ADCRent suffers loss as a result;
 
3.5. the User's obligation not to cause damage. The Owner shall not use the ADCRent Platform in a manner that directly/indirectly harms the operation of the ADCRent Platform, ADCRent itself or third parties.
 
3.6 ADCRent's right to block the User's account. ADCRent shall have the right to block the User's account and/or stop the User's access to the ADCRent Platform if the User does not comply with these Rules, the requirements of the law, notifies ADCRent (or becomes aware of ADCRent) that third parties have misappropriated the User's login data to the ADCRent Platform or have become aware of it. ADCRent also reserves the right to block the User's account in other cases (not listed in this clause) at its sole discretion according to the specific situation. 
 
4. REGISTRATION ON THE ADCRENT PLATFORM OR RESERVATION OF A VEHICLE WITHOUT REGISTERING
 
4.1 The ADCRent Platform may be used either by registering and creating a User Account or without registering and creating a User Account. Unregistered Users will be asked to provide the necessary details when making a reservation for a Vehicle.
 
4.2 User's obligations when registering on the ADCRent platform or making a reservation. At the time of registration on the ADCRent Platform or when making a reservation for a Vehicle (if the User has not registered on the ADCRent Platform), the User must:
 
4.2.1. read and agree to the ADCRent Platform Rules. The User shall do so at the time of registration or reservation on the ADCRent Platform.
 
4.2.2. provide all requested information and/or documents. The User is responsible for providing incorrect data or information and must indemnify ADCRent for any damages related to such actions.
 
4.2.3 Provide a suitable (valid) e-mail address and (if applicable) create a password. The email address and password will subsequently be used as the User's login data to the ADCRent platform. The e-mail address provided by the User will also be used as a means of informing the User (confirmation of the creation of the User's account, amendments to the Terms and Conditions, and any other information necessary for the User to properly use the services of the ADCRent platform will be sent to the e-mail address provided by the User).
 
4.2.4 The Driver must link his/her account or a specific reservation on the ADCRent Platform to a valid payment card.
 
4.3 Unsuccessful registration or reservation. ADCRent has the right not to confirm the registration or reservation. After the User has duly completed the registration procedure (or the reservation of a Vehicle without being registered on the ADCRent Platform), ADCRent shall verify the data provided by the User (e.g. the Driver's entitlement to drive the Vehicles or the Owner's entitlement to drive/rent the Vehicle). If ADCRent determines that the User does not meet the criteria (e.g. the Driver does not have the right to drive the Vehicles, the Owner does not have the right to drive/rent the Vehicle), the User's registration or reservation shall not be confirmed. If the User does not provide the required data or provides incorrect/false data, ADCRent will not confirm the User's registration or reservation. ADCRent reserves the right not to approve the User's registration or reservation in other, not specified in the Terms and Conditions, but justified cases. 
 
4.4 The moment of creation of the User's account (or reservation of the Vehicle without creating an account). A User's account shall be deemed to have been created (or a reservation of a Vehicle without registration shall be deemed to have taken place) from the moment of receipt of the confirmation sent by ADCRent to the email address provided by the User.
 
4.5 User's obligation to notify any change of data. The User must inform ADCRent of any change in his/her data (e.g. change of name, email address) immediately, but at the latest within one day of becoming aware of it. The User assumes all risks and responsibilities related to the failure to provide data to ADCRent in a timely manner.
 
5. RESERVATION, RENTAL AGREEMENT, TRANSFER, RETURN 
 
5.1 Action by the driver: reservation request. The Driver, having selected the Vehicle he/she wishes to rent on the ADCRent Platform, the period for which he/she wishes to rent it and any other parameters related to the rental, sends a Booking Request via the ADCRent Platform to the Vehicle Owner. By making the Booking Request, the Driver simultaneously signs (confirms) the Rental Agreement electronically via the ADCRent platform and undertakes to be bound by it from that moment on. In the case of a reservation for a Rental Company Vehicle, the Rental Contract shall not be concluded via the ADCRent platform but directly with the Rental Company, in accordance with the procedures and conditions set out by the Rental Company.
 
5.2 Actions of the Owner: Confirmation of the reservation. The Owner, upon receipt of the reservation request from the Driver via the ADCRent Platform, shall confirm the reservation request and - in turn - electronically sign (confirm) the Rental Agreement. The Owner is obliged to confirm the reservation received for the Vehicle on the ADCRent platform, unless there are valid objective reasons, which the Owner shall indicate to ADCRent if requested to do so. Unjustified refusal to confirm a reservation may result in sanctions against the Owner (see Section 7 ("Payments and Penalties") of the Terms and Conditions). From the moment the Owner confirms the reservation, the reservation is successfully made and the Rental Agreement is signed and valid for both Users (Driver and Owner). Both Users are obliged to comply with it and to duly perform their obligations under the Rental Agreement. The executed Rental Agreement and its annexes are available to Users in their ADCRent User Account.
 
5.3 Cancellation procedure and conditions. Users have the right to cancel a reservation for a Vehicle in accordance with the following procedures and conditions:
 
5.3.1. the Driver shall have the right to cancel the reservation of the Vehicle at least 24 hours before the time of transfer of the Vehicle. In this case, the Rental Contract shall be terminated and all amounts shall be refunded to the Driver.
 
5.3.2 If the Driver cancels the reservation of the Vehicle less than 24 hours prior to the transfer of the Vehicle, but not less than 2 hours prior to the transfer of the Vehicle, the Driver shall pay the Owner the 3-day rental price. 
 
5.3.3 If the Driver cancels the reservation of the Vehicle less than 2 hours prior to the handover of the Vehicle, the amount paid for the rental shall be transferred to the Owner, up to a maximum of 10 days.
 
5.3.4 The Owner shall have the right to cancel the reservation of the Vehicle at any time prior to the transfer of the Vehicle to the Driver. In such event, the Rental Agreement shall be terminated and all sums shall be refunded to the Driver. In such event, ADCRent may (but is not obliged to) offer and assist the Driver in selecting an alternative rental option. The Owner may be subject to penalties for unjustified cancellation of the reservation (see Section 7 ("Payments and Penalties") of the Rules).

5.4.4 EASY cancellation service is offered for ADCRent Vehicles. If such service is selected, the Driver can cancel the reservation for free up to 5 minutes before the start of the reservation.
 
5.4 Vehicle transfer and return procedure. The transfer and return of the Vehicle shall take place via the ADCRent Platform using the Vehicle Transfer/Return active link and in accordance with the instructions on the ADCRent Platform for the transfer/return process. Users are obliged to follow and comply with the sequence of steps indicated, to cooperate with each other in good faith and to resolve any problems arising during the transfer/return process in good faith. The information noted by Users during the transfer/return of the Vehicle via the ADCRent platform will be considered as a transfer/return deed, which will be attached to the Rental Contract and will be hosted in the User's account together with the Rental Contract. If the Driver reserves the Rental Company's Vehicle, then the transfer and return shall not take place via the ADCRent platform but directly between the Driver and the Rental Company, in accordance with the procedures and conditions set out by the Rental Company.
 
5.5 Failure of the transfer due to the fault of the Driver. If the handover of the Vehicle does not take place due to the fault of the Driver (e.g. the Driver does not arrive, another person arrives, arrives intoxicated, arrives but refuses to accept without justification, does not have sufficient funds in the account to pay the deposit, etc.), in this case the Rental Contract shall be terminated and the amount of money paid for the rental shall be transferred to the Owner, but not for more than a period of 10 days.
 
5.6 Failure to deliver due to Owner's fault. If the handover of the Vehicle fails due to the Owner's fault (e.g. if the Owner fails to arrive or arrives with a vehicle other than the one agreed (in the case of the Rental Company, a vehicle of a lower category than the one reserved), refuses to hand over the vehicle without justification, etc.), the Contract shall be terminated and the full amount paid shall revert to the Driver. In this case, ADCRent may (but is not obliged to) suggest and assist the Driver to choose an alternative rental option. ADCRent may impose penalties on the Owner for the failure of the handover to take place, if the failure is due to the fault of the Owner (see section 7 of the Terms and Conditions ("Payments and penalties")).
 
5.7 Failure to return due to Driver's fault. If the return of the Vehicle fails due to the fault of the Driver (e.g. Driver's failure to appear, refusal to return, unreasonable refusal to approve the return, etc.), the Rental Agreement shall terminate and the Owner shall be entitled to assert his/her rights in all lawful ways (demand physical delivery of the Vehicle, use of the security deposit, claim for damages against the Driver). A similar situation with regard to the failure of the Rental Company to return the Vehicles shall be dealt with in accordance with the rules of the Rental Company.
 
5.8 Failure to return due to Owner's fault. If the return of the Vehicle fails due to the fault of the Owner (e.g. Owner's failure to appear, refusal to accept, unreasonable refusal to approve the return, etc.), then the Rental Contract shall be terminated, and the Driver may request the Owner to physically collect the Vehicle. If the Owner fails to do so, the Driver must make reasonable efforts to keep the Vehicle safe (lock it, do not leave keys or documents where third parties can access them), contact the Owner in writing and inform the Owner of his/her actions in the event of failure to physically return the Vehicle. In such a case, the Contract shall be terminated and the Driver shall be entitled to assert his/her violated rights by all legal means (including by claiming compensation from the Owner for reasonable damages incurred by the Driver as a result of the unsuccessful return). ADCRent may impose penalties on the Owner for failure to return if the failure is due to the fault of the Owner (see Section 7 ("Payments and Penalties") of the Rules). A similar situation with regard to the failed return of the Rental Company Vehicles shall be dealt with in accordance with the Rental Company Rules.

 
6. INSURANCE; SECURITY DEPOSIT; LIMITS OF LIABILITY; SUPER EASY INSURANCE 
 
6.1 Options for CASCO Insurance for the Owner. The Owner shall select a CASCO insurance option for the Vehicle when placing his Vehicle on the ADCRent Platform:
 
6.1.1. Instant IF CASCO Insurance (to be selected by ticking the option via the ADCRent platform: the insurance is valid for a specific reservation - rate EUR 7 per day, deductible EUR 500);
 
6.1.2. "CASCO insurance" (CASCO insurance organised by the Owner on his/her own (individual long-term insurance with IF CASCO or another insurer of his/her choice. Deductible according to the Owner's agreement with the insurance company;
 
6.1.3. Rental without CASCO insurance (the Owner rents the Vehicle without CASCO insurance and bears the associated risk of uncompensated losses).
 
6.2 Owner's risk when renting without CASCO insurance. If the Owner chooses to rent the Vehicle without CASCO insurance (Clause 6.1.3 of the Terms and Conditions), the Owner understands and accepts the following risks: in the event of damage to the Vehicle, the Owner will not be able to benefit from the CASCO insurance cover and, in certain cases, will have to bear the full amount of any losses exceeding the amount of the Deposit (EUR 500). Such cases include, but are not limited to, damages that would normally be covered by CASCO insurance (e.g. incidents where the damage occurred without the Driver's fault (e.g. forces of nature, malicious acts of third parties), as well as incidents that occurred due to the Driver's fault, but without the Driver's intention or gross negligence (e.g. a road traffic accident for which the Driver is at fault, in the absence of intent or gross negligence). The Owner represents and warrants that by hiring the Vehicle without CASCO insurance, the Owner understands and accepts this risk.  
 
6.3 Owner's Risk in Choosing CASCO Insurance. If the Owner chooses to rent the Vehicle and arranges his/her own CASCO insurance ("CASCO insurance") (section 6.1.2 of the Terms and Conditions), the Owner understands and accepts the following risks: if the Vehicle is damaged beyond the amount of the deposit (EUR 500), the Owner will be obliged to cover the remaining amount of the deductible for the insurance, if his/her individual insurance policy provides for a higher deductible (for example, EUR 1,000). The Owner represents and warrants that by renting with his/her individual CASCO insurance he/she understands and accepts this risk.
 
6.4 Security Deposit, Amount of Security Deposit, Use of Security Deposit. The Security Deposit is a sum of money paid by the Driver to the Owner through the ADCRent Platform and is intended to secure the Owner's losses as well as any penalties payable by the Driver. The amount of the Deposit shall be EUR 500 (i.e. equal to the deductible of the instant IF CASCO insurance (i.e. if the Owner has opted for instant IF CASCO insurance, then the amount of the Deposit shall cover the full amount of the deductible). The deposit shall be used to cover the Owner's losses in all cases where the Vehicle suffers damage during the rental of the Vehicle. The Security Deposit shall also secure any fines payable by the Driver under the Rental Agreement. The amount of the security deposit is the maximum compensation that the Owner receives for damage to the Vehicle, except where the damage is caused by the Driver's intent or gross negligence (page 6.6 of the Rules). The Owner wishing to benefit from the Deposit must provide information and, if requested, evidence of the loss suffered and the amount thereof.  If the Driver reserves the Rental Company's Vehicle, the terms and conditions for the amount, use and repayment of the Security Deposit shall be as set out in the Rental Company's Rules and the Rental Agreement
 
6.5 Liability of the Driver. Limits of the Driver's liability. The Driver, by renting the Vehicle, assumes responsibility for the rented Vehicle. The Driver shall be liable for any damage that may occur to the Vehicle during the Rental Period (i.e. while the Vehicle is in its possession), whether or not the Driver is at fault in causing such damage. The Driver shall be liable even for damage which is not his fault (e.g. if the damage is caused by natural forces or by malicious acts of third parties). The Driver's liability for damage to the Vehicle shall be limited to the amount of the Deposit paid by the Driver, i.e. EUR 500, unless the damage was caused by the Driver's intent or gross negligence (Art. 6.6 of the Conditions). The Driver shall in all cases be liable to pay to the Owner any fines or additional payments as agreed with the Owner in the Rental Contract (this liability shall not be limited to the amount of the Deposit) (7.1.6; 7.1.7 of the Rules). If the Driver reserves the Rental Company's Vehicle, the Driver shall be subject to the liability conditions set out in the Rental Company's Rules and the Rental Agreement
 
6.6 The Driver's intent or gross negligence (cases in which the Driver is obliged to fully indemnify). In cases where the damage is caused by the Driver's intent or gross negligence, the Driver shall be obliged to fully compensate for the damage (i.e. the Driver's liability is not limited to the amount of the Deposit in such cases). The Driver's intent or gross negligence shall be deemed to be a gross breach by the Driver of the Rental Contract and/or the requirements of law and/or the general duty of care. Willfulness or gross negligence includes, but is not limited to: 
6.6.1. the Driver's fault causes the event to be declared an uninsurable event under the CASCO insurance rules applicable to the Vehicle;
6.6.2. the Driver violates elementary vehicle safety requirements (failure to close the windows, lock the doors, leaving the key in the Vehicle).
6.6.3. the Driver uses the Vehicle in a sporting event, race, training;
6.6.4. the Driver clearly misuses the Vehicle (e.g. by adding the wrong fuel, ignoring technical problems (e.g. reports of insufficient lubricant); by using the Vehicle for purposes other than those for which it is intended (e.g. for farm work, transporting dangerous goods), by driving in areas not intended for road traffic (e.g. frozen water, meadows, dunes), etc. cases of improper use);
6.6.6 The driver is drunk, under the influence of medicines, drugs or other intoxicating substances;
6.6.7. the driver is driving dangerously or in a hooligan manner;
6.6.8. the driver fails to obey a lawful request to stop by officials and/or, in the event of an accident, leaves the scene of the accident. 
6.6.9 The Driver gives the use of the Vehicle to a person who is not entitled to use it under the Rental Agreement or by law.
6.6.10. the Driver knowingly attempts to conceal and/or provides false information about the accident, its circumstances and consequences
Other acts of the Driver which, in the particular situation, amount to intent or gross negligence in substance and degree of seriousness.
 
6.7. "SUPER EASY insurance. The Driver shall have the option to purchase additional "SUPER EASY" insurance cover from ADCRent at the time of each reservation of the Vehicle by paying the daily rate indicated on the ADCRent platform at the time of the reservation (the amount of the rate shall be determined by ADCRent, taking into account, inter alia, the specific Vehicle and the insurance option chosen by the Owner). "SUPER EASY insurance allows the Driver to reduce the risk to 100 EUR in the event of damage. In the event of damage to the Vehicle while SUPER EASY insurance is in force, ADCRent will pay the Deposit directly to the Owner (according to the information provided by the Owner). "SUPER EASY insurance shall not be valid in the event of damage caused by the Driver's intent or gross negligence (section 6.6 of the Conditions). "SUPER EASY insurance does not cover amounts in excess of the Deposit and does not exempt the Driver from fines or other payments for breach of the Rental Agreement.
 
6.8 Limits of ADCRent's Liability. If the Driver has opted for SUPER EASY insurance and the Vehicle suffers damage, ADCRent shall either pay the amount of the Deposit directly to the Owner on the basis of the information and documentation provided by the Owner to prove the damage and the amount thereof or, in the case of Rental Company Vehicles, reimburse the Driver for the amount paid by the Driver to the Rental Company in accordance with the Rental Company's rules. In any event, ADCRent's liability shall be strictly limited to the amount of the Security Deposit. ADCRent has never assumed and accepts no liability for any damage in excess of the amount of the Deposit. In the event of damage caused by the Driver's intent or gross negligence (clause 6.6 of the Terms and Conditions), ADCRent shall not compensate any amounts. 
 
7. PAYMENTS AND PENALTIES
 
7.1 Payments by the Driver to the Owner. The Driver shall pay to the Owner through the ADCRent Platform such payments (and in such amounts) as are set out in the Booking and the Rental Agreement. Depending on the specific situation, this may include:
 
7.1.1. the Rental Fee (see page 1.12 of the Terms and Conditions, as specified in the Rental Agreement)); 
 
7.1.2. the Cleaning Fee (see page 1.13 of the Rules, specified in the Rental Agreement);
 
7.1.3. The fee paid by the Driver to the Owner at the time of booking the Vehicle. The Owner, in turn, pays this fee to the ADCRent platform. The amount of the Commission is equal to 15% of the specific Rental Value (the Rental Value consists of the Rental Fee and the Cleaning Fee). One Commission per Rental Contract. (see 1.8. of the Terms and Conditions, to be specified in the Rental Agreement).
 
7.1.4. Insurance Fee (see page 1.14 of the Rules; page 6.1 of the Rental Agreement);
 
7.1.5. Deposit (see Rules, p. 1.15; p. 6.4; p. 6.5, as specified in the Rental Agreement)
 
7.1.6. Additional charges in accordance with the Rental Agreement and/or the Rental Company's rules - to be specified in the Rental Agreement and/or the Rental Company's rules (e.g. fuel surcharge in case of a return with a lower fuel quantity than agreed in the Rental Agreement, excess mileage charge in case of exceeding the maximum mileage agreed in the Rental Agreement etc.) );
 
7.1.7. Penalties for specific breaches of the Rental Contract - as specified in the Rental Contract and/or the Rental Company's Rules (e.g. for violation of the restrictions on the area of use as agreed in the Rental Contract and/or the Rental Company's Rules, for prohibited uses as agreed in the Rental Contract and/or the Rental Company's Rules, etc.) ).
 
7.1.8. the EASY Cancellation Fee (see page 1.21 of the Terms and Conditions; to be specified in the Rental Agreement)

7.1.9. indemnification of the Owner for damage caused to the Vehicle:
 
7.1.9.1. If the damage to the Vehicle is caused by no fault of the Driver, or if the damage is caused by the fault of the Driver but without intent or gross negligence, the Driver shall indemnify the Owner for the loss suffered by the Owner, up to a maximum of the amount of the Deposit. If the Driver reserves the Rental Company's Vehicle, the Driver shall be subject to the liability conditions set out in the Rental Company's Rules and the Rental Agreement; 
 
7.1.9.2. if the damage to the Vehicle is caused by the Driver's intent or gross negligence (Art. 6.6 of the Rules), the Driver shall indemnify the Owner against all losses.
 
7.2 Payments by the Driver to ADCRent. The Driver shall make the following payments to the ADCRent Platform:
 
7.2.1. the SUPER EASY Insurance Fee. If the Driver purchases additional "SUPER EASY" insurance from ADCRent when reserving the Vehicle, the Driver shall pay the daily rate indicated on the ADCRent platform at the time of booking (the amount of the rate shall be determined by ADCRent, taking into account, among other things, the specific Vehicle and the insurance option chosen by the Owner) (see Rules, page 1.16; 1.17; page 6.7).
 
7.2.2 Penalty Charge Administration Fee. A fee of €25 payable by the Driver to ADCRent for the administration of a Penalty Charge if the Driver commits an administrative offence (e.g. speeding, parking in an unauthorised place etc.). The penalty administration fee is payable to ADCRent for the administration of the administrative offence by ADCRent (system set up by ADCRent for informing the authorities, time spent by ADCRent staff in obtaining/systematizing/transmitting the information on the administrative offence and the circumstances of the incident) (see Rules, p. 1.9; p. 9.4; p. 10.2).
 
7.2.3. Indemnification of ADCRent (see page 3.3 of the Rules)

7.2.4. the EASY Cancellation Fee (see page 1.21 of the Terms and Conditions; to be specified in the Rental Agreement)
 
 
7.3. payments by the Owner to the Driver. The Owner shall make the following payments to the Driver:
 
7.3.1. The Owner shall indemnify the Driver against any loss suffered by the Driver if caused by the Owner's acts/omissions (e.g. as provided in the Rental Agreement, as provided in the Conditions (e.g. clause 5.8), or as provided by law). If the Driver reserves the Rental Company's Vehicle, the conditions of mutual liability set out in the Rental Company's Rules and the Rental Agreement shall apply;
 
7.4. payments by the Owner to ADCRent. The Owner shall make the following payments to the ADCRent Platform:
 
7.4.1. The Owner shall pay a Commission Fee to the ADCRent Platform for the use of the ADCRent Platform. The amount of the Commission is equal to 15% of the specific Rental Value (the Rental Value includes the Rental Fee and the Cleaning Fee), as well as of the penalties paid for breaches of the Contract (the Commission shall not be calculated and shall apply to compensation for damages to the Vehicle). One Commission per Rental Contract. (see 1.8. of the Rules, as specified in the Rental Agreement.).
 
7.4.2. the Insurance Fee paid by ADCRent to the insurance company if the Owner chooses to insure his/her Vehicle with an instant IF CASCO insurance (p. 6.1.1. of the Terms and Conditions);
 
7.4.3. penalties for breaches of these Terms and Conditions (e.g. unjustified refusal to confirm a reservation; unjustified cancellation of a reservation; failure to transfer/return due to the fault of the Owner (see, respectively, paragraphs 5.2; 5.3.4; 5.6; 5.8 of the Terms and Conditions). On the basis of this clause, ADCRent may impose a fine of up to EUR 150 on the Owner.
 
7.4.4 Indemnification of ADCRent (see page 3.3 of the Terms and Conditions)
 
7.5 Payments by ADCRent to the Owner where the Driver has purchased SUPER EASY insurance. Where the Driver has purchased SUPER EASY insurance, ADCRent shall pay to the Owner for the benefit of the Owner the amounts covered by the Deposit. In no event shall ADCRent pay to the Owner amounts in excess of the amount of the Deposit. ADCRent shall in any event not pay to the Owner any sums arising from the Driver's intent or gross negligence (see Sections 1.16; 1.17; 6.7; 6.8 of the Conditions).
 
7.6 Receipt / set-off / recovery of amounts due to ADCRent. ADCRent shall be entitled to take such action to recover amounts due to it from Users:
 
7.6.1. ADCRent may request the User to remit the relevant amount (whether by billing or otherwise);
 
7.6.2. ADCRent may set off the relevant amount in its own favour if ADCRent has funds in its possession belonging to the User;
 
7.6.3. ADCRent may debit the relevant amount from the User's payment instrument linked to the User's account;
 
7.6.4. ADCRent may refer the User's debt to a debt collection company for enforced collection.
   
8. RIGHTS AND OBLIGATIONS OF THE OWNER
 
8.1 General Obligations of the Owner. The Owner is obliged to comply with these Terms and Conditions, the Rental Agreement and the requirements of the laws and regulations in force in the Republic of Lithuania. In addition to the other obligations provided for in these Rules, the Lease Agreement and the legislation, the Owner shall:
 
8.1.1. take care of the validity of the compulsory civil liability insurance contract of the Vehicle Operator.
 
8.1.2. take care of the validity of the Vehicle's roadworthiness certificate.
 
8.1.3. ensure the validity of the Vehicle registration certificate.
 
8.1.4. ensure that the Vehicle is fit for use on public roads.
 
8.1.5. ensure the proper technical condition of the Vehicle. The Owner must:
 
8.1.5.1. ensure the proper functioning of the Vehicle's brakes, transmission, engine and electrical equipment.
 
8.1.5.2. ensure the presence of the necessary equipment for the operation of the Vehicle (fire extinguisher, first aid kit, emergency sign, brightly coloured vest);
 
8.1.5.3. Ensure the correct level of fluids (brake fluid, window fluid, coolant, lubricant).
 
8.1.5.4. ensure that the Owner's Vehicle(s) offered on the ADCRent platform are clean.
 
8.1.5.5 Ensure that the Vehicle is equipped with all other equipment necessary for the proper and safe operation of the Vehicle.
 
8.2 Duty to Cooperate and Provide Information. The Owner shall cooperate with ADCRent and with other Users and shall make proper use of the facilities provided by the ADCRent Platform. Owners are obliged to share the necessary information with Drivers with whom they have (had) signed Rental Agreements. The Owner must also provide all information requested by ADCRent upon ADCRent's request. 
 
8.3 Duty to Report Breaches. The Owner is obliged to inform ADCRent of such actions/conduct of the Driver that violate these Terms and Conditions, misuse the facilities provided by the ADCRent Platform, or otherwise impair the operation and/or proper functioning of the ADCRent/ADCRent Platform.
 
8.4 Owner's responsibility for the settings in their User Account.  When placing the Vehicle on the ADCRent Platform and selecting other rental settings, the Owner is fully responsible for the correctness, appropriateness and reality of the information provided and the settings selected. The Owner is fully responsible for (including but not limited to):
 
8.4.1. the proper selection of the Driver's age and driving experience;
 
8.4.2. the appropriate choice of the limits for the use of the Vehicle, which may determine the validity of the insurance rules (including CASCO insurance, if applicable) (e.g. whether third parties (additional driver) are entitled to use the Owner's Vehicle leased to the Driver under the third party liability insurance or CASCO insurance covering the Vehicle).  
 
8.4.3. the correct indication of existing defects in the Vehicle in the User's account.
 
8.4.4. the choice of the CASCO insurance option and the consequences thereof (see page 6.1 of the Terms and Conditions);
 
8.4.5. the correct selection of all parameters for the use of the Vehicle (e.g. maximum permitted mileage, other restrictions on use, etc.).
 
ADCRent does not verify the information (choices) provided by the Owner in his/her User Account and is not responsible for their correctness.
 
8.5 Owner's Responsibility for Driver Identity Verification. At the time of handing over the Vehicle to the Driver, independently verify the Driver's identity, right to drive the Vehicle. The Owner must satisfy himself that he is handing over the Vehicle to the person who made the reservation of the Vehicle on the ADCRent platform.
 
8.6 The right of the Owner to delegate the administration of an administrative penalty to ADCRent. If the Driver commits an administrative offence (e.g. speeding, parking the Vehicle in an inappropriate place) while using the Vehicle transferred to him/her on the basis of the Rental Contract, and such offence is the subject of an administrative penalty, the Owner shall have the right to transfer the administration of such penalty to ADCRent upon becoming aware of the administrative penalty. In order to exercise this right, the Owner must immediately inform ADCRent of the penalty imposed and forward (upload to the ADCRent platform) the necessary information (e.g. the administrative offence report and the payment order received). In this case, ADCRent will administer the administrative offence (forwarding the information to the relevant authorities and communicating with them if necessary). For this purpose, the Owner declares and authorises ADCRent to act on his behalf in providing the information on the administrative offence to the competent authorities.
 
9. RIGHTS AND OBLIGATIONS OF THE DRIVER
 
9.1 General Duties of the Driver. The Driver shall comply with these Rules, the Rental Agreement, the laws and regulations in force in the Republic of Lithuania. In addition to the other obligations set out in these Rules, the Rental Agreement and the legislation, the Driver shall: 
 
9.1.1. take care of the validity/renewal of the documents granting the right to drive the Vehicles.
 
9.1.2. take care of the Vehicle rented from the Owner as provided for in the Rental Agreement.
 
9.1.3. to return the Vehicle to the Owner at the end of the period of hire of the Vehicle provided for in the Rental Agreement in the same condition as the Vehicle was delivered to the Driver by the Owner, taking into account normal wear and tear of the Vehicle.
 
9.1.4. refrain from any action which, in the particular situation, could be regarded as intentional or grossly negligent (see Clause 6.6 of the Conditions)
 
 
 
9.2. Duty to cooperate and provide information. Drivers are obliged to cooperate with ADCRent and with other Users and to make proper use of the ADCRent platform. Owners are obliged to share the necessary information with Owners with whom they have/have signed Rental Agreements. In addition, the Driver must provide all information requested by ADCRent upon ADCRent's request. 
 
9.3 Duty to Report Breaches. The Driver is obliged to inform ADCRent of the Owner's actions/conduct that violate these Terms and Conditions, abuse the ADCRent Platform, or otherwise impair the operation and/or proper functioning of the ADCRent/ADCRent Platform.
 
9.4 The Driver is obliged to pay the Penalty Administration Fee to ADCRent. If the Driver commits an administrative offence while using the Vehicle transferred to him/her on the basis of the Rental Agreement (e.g., speeding, parking the Vehicle in an inappropriate place) and an administrative penalty is imposed in respect of such offence, and if the Owner, having become aware of the administrative penalty, has referred the matter of the administration of such penalty to ADCRent and ADCRent has carried out the actions for the administration of the penalty (received from the Owner the information on the penalty, forwarded the information to the responsible authorities, if necessary, and communicated with the authorities). The driver shall pay to ADCRent a Penalty Charge Administration Fee of EUR 25. This fee covers the costs of the administration of the penalty (the system set up by ADCRent for informing the authorities, the cost of ADCRent staff time in receiving/systematizing/transmitting the information on the administrative offence and the circumstances of the event).
 
10. RIGHTS AND OBLIGATIONS OF ADCRENT
 
10.1 General duties of ADCRent. ADCRent shall ensure the proper functioning of the ADCRent Platform, assist users of the ADCRent Platform, and perform the other functions set out in these Terms.
 
10.2 Penalty administration service. ADCRent performs the function of administration of administrative penalties (fines), which includes the transfer of information between the police (other authorized authorities) and Users. The administration of administrative penalties is a paid service at a cost of EUR 25. This cost shall be paid by the Driver who commits an administrative offence with the Owner's Vehicle during the term of the Rental Agreement.
 
10.3 ADCRent is not a party to the Rental Agreement concluded between the Users. ADCRent is not responsible for the relationship between the Owner and the Driver in the performance of the Rental Agreement. The Owner and the Driver are solely responsible for the proper performance of the Rental Agreement. ADCRent provides Users with a platform on which the Owner and the Driver can agree on the terms and conditions of the rental of the Vehicle to their satisfaction and enter into the Rental Agreement (or, in the case of Rental Company Vehicles, to make a reservation for the Vehicle). ADCRent is not a party to the Rental Contract concluded between the Owner and the Driver. Users are responsible and responsible for the proper performance of the Rental Contract and for the proper enforcement of their rights.
 
11. SETTLEMENT OF DISPUTES
 
11.1 Resolution of disputes between Users. If a dispute arises between Users, the Users must first resolve the dispute amicably and through negotiation. If the Users are unable to resolve the dispute directly between themselves, any User may contact ADCRent. Users must provide ADCRent with all available information about the dispute and its circumstances at ADCRent's request. To the extent that ADCRent has at its disposal amounts paid by Users and/or due to Users (e.g. Deposit), ADCRent may assess the information received and make decisions based on the information received, including decisions to pay amounts at ADCRent's disposal to one or other of the Users in the manner provided for in these Terms and Conditions and/or in the Rental Agreement. To the extent that ADCRent does not have funds belonging to Users in its possession and/or is unable to assess the circumstances of the dispute due to lack of information or otherwise and/or if the dispute arises out of and relates solely to the relationship between Users, ADCRent may refuse to mediate or resolve the dispute between Users. In any event, Users shall have the right to resolve the dispute between themselves and/or to pursue independently the remedies available to them under applicable law.   
 
11.2 Resolution of disputes between Users and ADCRent. In the event of a dispute between the User and ADCRent, it is necessary to first resolve any disagreements between the two parties amicably and by negotiation. If it is not possible to resolve the dispute directly between the parties, the dispute shall be settled in accordance with the procedures provided for by the laws of Lithuania in the Lithuanian courts. 
 
12. DATA PROTECTION
 
12.1 All data provided by Users on the ADCRent Platform shall be processed in accordance with the procedures set out in the ADCRent Privacy Policy. The Privacy Policy is posted on the ADCRent website at www.adcrent.com.