Read the terms of the contract for payment services and rental deposit by transferring funds to the bank account, card or by paying over the internet
PUBLIC OFFER CONTRACT
Service of ordering rental / car rental through webs: www.race.ua, www.race-rentacar.ru, www.race.biz.ua, www.race.net.ua, www.race.com.ge
An individual entrepreneur Getmanskyy Taras, personal number 2965202138 (hereinafter - the Contractor), which operates under the Act, proposes to enter into this Agreement of public offer (hereinafter - Agreement), the provision of rental / lease vehicles and related services through Web sites rental Car www.race.ua, www.race-rentacar.ru, www.race.biz.ua, www.race.net.ua, www.race.com.ge (hereinafter Websites website).
The contract of the public offer is a public and under Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all consumers. Unconditional acceptance of the conditions which (payment in any way under Part 2 of Art. 642 of the Civil Code of Ukraine) is the acceptance of the Agreement between the Customer and Contractor and shall certify the fact of its conclusion.
The contract is mixed, because it contains several conditions of different type contracts.
1. Definitions and Terms
Contractor - legal entity or individual entrepreneur that provides car rental services and services related to ordering, reservations, booking car rental services on the websites mentioned in this contract.
Customer - natural or legal person (Legal representative), which agreed to the terms of this Agreement in order to obtain a car rental service and / or reservation and payment reservation, car rental and other services for the Driver / Client under the terms of this Agreement.
Parties - the combined name of the Customer and Contractor.
Driver / Client - a person specified in the contract of hire a car and / or signing a contract with the car rental Company and gets in the act of reception and transmission. Driver / Client can be a person who make orders on the Website (Customer) and the person listed as the Driver / Client when ordering a car and in respect of which provided data of passports, driving licenses and other documents necessary for the contract of car rental and rental conditions listed in the websites. Driver / Client and Customer - can be one person, that is, when the customer conducts service order on the websites own and for himself.
The car rental company - a legal or natural person that has the appropriate registration documents and permits for activities to provide car hire / rent. The car rental company concludes car rental contract with the Driver / Client or Customer and give the vehicle to him (them), which formalized the contract of hire and the act of giving-receiving of the vehicle. The car rental company and the Contractor may be one person when the Contractor not only serve orders on rent, but also realize rental contract and fall under the evidence of car rental company mentioned in this contract.
The owner - a legal or natural person who is the owner or manager of the vehicle, which rented by the Customer, the Driver / Client based on the order that is made by the Customer. Owner, car rental company and the Contractor may be one person, if the person meets the definition specified in this contract, that takes orders, the owner of a rented vehicle and transmits the car to Customer, the Driver / Client by himself under a contract of hire and in the act of giving-receiving of the vehicle.
Services - the opportunity to reserve a car rental service, design related services through Web sites and other consulting and information services provided by the Contractor.
Order form - a document that gets the customer as the results of a successful checkout of car rental on websites. It indicates the order data: a unique order number, car class and / or model, brand of the car, the date of the order, the period of hire, date and place receipt and return of the vehicle, the cost of car rental and value of the deposit for the car, last name and other information about Driver's / Client's, Customers then will get the car and sign the rental contract.
The Order Form does not give the right to receive the car in case of failure to the Driver of the original passport and driver's license, as well as the submission of outstanding documents or documents which it is impossible to drive in the country of realizing the order, at time of transferring the vehicle by Customer / Owner / Car rental company and in case of the absence of payment for the rental and deposit that have to be paid by Driver / Client or Customer.
Car rental contract - a public contract concluded between the Car rental company on the one side, and the Customer or Driver / Client on the other side.
Giving-receiving act - a document issued when the car received and give information of the actual transfer of the car by the Car rental company car / Contractor/ Owner to the Driver / Client and / or Customer.
Website (Websites, Web, Webs) - Software of the Contractor, which is located on the Internet at www.race.ua, www.race-rentacar.ru, www.race.biz.ua, www.race.net.ua, www.race.com.ge
Details of the Contractor to pay funds - account information, banking cards, electronic purses of the Contractor listed on the site and owned and / or in the possession of the Contractor. The full data is sent to the Customer by mail, by telephone message or by voice on the phone to prevent fraudulent activities by third parties. These payment details must include only the Contractors data.
Commission in case of payments according to the Contractor’s details - with details of payments Contractor levied under the commission of the contract between the Contractor and the person who provides services related to the conduct of payments: acquiring, banking, other services, providing the opportunity to transfer money to Contractor’s accounts.
2. Subject of the Agreement
2.1. Under this Agreement, the Customer authorizes, and the Contractor undertakes to provide services for ordering rental car via the website.
2.2. The service is deemed to have provided by the Contractor and received by the Customer in full size from the moment when Customer paid according to the details of Contractor to pay funds.
2.3. By agreeing to the terms of the Agreement, the Customer confirms that closely examined all the clauses of the Contract and the information published on the Web site, including:
- procedure of car ordering, refusal of car hire order, terms of failure and related services through the Website;
- conditions of car hire contract;
- cost of car rental service;
- The other conditions set out on the website, which is essential for the conclusion of the contract and the contract of hire a car.
2.4. By agreeing to the terms of the Agreement, the Customer confirms its capacity and capability, including 18 years of age (for natural persons) the lawful use of credit cards (in case of payment for using it), and realizes the responsibility for the obligations imposed on him as a result of the conclusion of this Agreement.
2.5. By agreeing to the terms of the Agreement, the Customer verifies data filled about the Driver / Client and himself on the Website.
3. The cost of services and payment
3.1. The services of hold of reservation, ordering rental car provided by Customer. This services payable and is paid as a commission, compensation. The services paid by:
3.1.1 The car rental Company and / or the Owner in case the Contractor, Car rental company and the Owner are not one and the same person and in case the Customer, Driver / Client got the car from the Car rental company, the Owner according to the advanced order through web-site, which is between the Car rental company and / or Owner on the one side and the Customer and / or Driver / Client on the other side of the Car rental contract hire and the car received according to the giving-receiving act. In this case, the Contractor remuneration paid by the Car rental company and / or the Owner in the amount and according to the agreement signed between them and the Contractor;
3.1.2 Customer, by making payment for car rental during ordering or at the end of the checkout for car rental by paying according to the order form, via card, invoice, payment by electronic money transfer, cash, otherwise at the time of order the Web site and / or within the period permitted under the terms of such payment specified on the website or e-mail sent to the Customer;
3.1.3 By the Customer, Driver / Client for refusal of orders with deadlines for free rejection of the order if the order is not paid on the Website or another Customer, Driver / Client. The payment is made in the amounts specified in the conditions of hire on the Website;
3.2. During payment, a customer can manage commission banking institution, companies that provide payment and / or Customer shall compensate Contractor commission that was charged with the last banking institution that serves the Contractor in the amounts specified when you pay or at the rental conditions on a web.
3.3. Refund in case of rejection of Orders executed in advance before the car received by the Driver / Client and the signing of the contract of hire, which was ordered through the Web site, and if the waiver does not affect the terms and conditions posted on this website and in such denial the specified period, the possible return of funds without paying any fines, fees. This money refund for the order comes in accordance with the rules of payment systems and the conditions set forth in this agreement. Returning of funds in this way, the Contractor does not compensate the customer, or is entitled to retain from the amount returned to the Customer (if the fee agreement between the Contractor and the payment system is paid by the Contractor of the amounts credited to the account) the cost of fees charged at ordering and / or the payment of the order, the cost of fees to cover payment system for Customer refund, the amount of taxes and fees, official fees, if they are have to be paid and not reimbursed after returning the money to the Customer.
3.4. Terms of rejection of the order in which possible return of funds paid by the Customer, defined in terms of rental on the Website.
3.5. Terms of payment Customer orders are defined on the Website or via e-mail sending.
4. The rights and obligations of the Parties
4.1. The Contractor must:
- To provide services under the terms of this Agreement;
- Ensure order and pay for services provided via the Website means of payment;
- Provide advice on the use of the Website and the Service issued;
4.2. Contractor shall have the right to:
- Refuse to provide services in connection with the improper performance by the Customer with its obligations under this Agreement.
- Refuse to provide services in connection with not sending data Client / Driver (Data passport and driver's license)
- Refuse to provide services in connection with security issues: alcohol or drug intoxicated state of the Driver or suspected drunk suspicion and / or committing fraud or attempts to commit fraud, other crimes.
4.3. Customer must:
- hold the terms of this Agreement;
- Send by e-mail of the Contractor mentioned on the Web site data passports, driving licenses Driver / Client
- Take the car within the time and place specified in the order, including a report given circumstances the Driver that is specified in the order
- To have the original documents, allowing to conclude an agreement and use car rental - read terms and conditions of car rental on this web site
4.4. The customer has the right to:
- Require the Contractor to provide the Services in accordance with the terms of this Agreement;
5. Liability of the Parties and the procedure for settling disputes
5.1. Responsibility for loss, disclosure or transfer of the order form, contract of hire a car takes the Customer.
5.2. The Contractor shall not be responsible for non-receipt of the Customer Service under the following conditions:
- Failure of Customer and / or Driver / Client to sign the contract of hire, the act of giving-receiving of the vehicle;
- Customer unreliability of these data in the design of services on the Website (name and surname of the Customer, Driver / Client date of receipt of the car and etc.);
- Failure to provide passport information and data about the driver's license of Driver / Client, which will drive;
- Providing by the Driver / Client documents, which is not possible exploitation of transport, including absent in the corresponding category of driving license, different names, the names of the passport and driving license, including different dubbing foreign language;
- Failure to obtain by the Driver / Client a car through the state that does not allow driving, alcohol / drugs, under the influence of drugs. To determine this condition sufficient explanation provided by car rental abnormal situation on the Driver / Client;
- Other conditions not related to ordering and contract of hire a car on the Website.
5.3. All disputes related to the receipt of Customer service, the parties resolved with the use of personal data and Customer, Driver / Client that were given him at registration and payment services on the Website. If the personal information given in a way that does not allow the recipient to install Service (Customer, Driver / Client) The Contractor is entitled to refuse to investigate Customer disputes.
5.4. The Contractor shall not be responsible for non-receipt of Customer order forms due to problems in the hardware and Customer communication channels. In this case the Customer must apply within 1 hour after payment to the Contractor’s Support team for the contacts listed on the main page of the website or in the Contacts section on the Website.
5.5. All disputes that may arise concerning this Agreement or in connection with the performance of his party decided through negotiations and with the written application of the Customer that sent by post. Pre-trial dispute settlement procedure is mandatory.
5.6. If the parties can not reach agreement on the contentious issue through negotiations, are to be settled in accordance with the laws of Ukraine.
5.7. In all matters not regulated in the text of this Agreement shall be governed by the laws of Ukraine.
6. The term of the contract
6. This agreement is valid until 31 December 2020.
7. Contacts finisher and round the clock support
Address: D. Kedrina str., Dnipro, Ukraine 49008
Phone: +38-067-522-6-555, +38-067-644-6-555, +38-056-373-73-73. +995-514-577-555