Offer for Conclusion of Vehicle Rental Reservation Agreement
TERMS AND DEFINITIONS
OneTwoRent - Company. Website - onetworent.com. Platform - onetworent.com. Client - an individual who makes vehicle rental reservations using the Platform. Supplier - the entity providing vehicle rental services to the Client. Supplier Services - the service of renting vehicles provided by the Suppliers. Agreement - this agreement, as well as any other materials on the Website and/or specified in the Confirmations that are an integral part of this agreement. PREAMBLE This document is an official offer to conclude an agreement on the terms specified below. This document is an offer. The agreement is concluded by the Client's acceptance of the offer, and written form of the agreement is considered to be met. The agreement and its appendices, which are an integral part of it, are posted on the Internet on the Website and are mandatory provided to the Client for review when making a reservation and/or sent to the Client through electronic and other means of communication. Any actions by the Client to fulfill the conditions of the agreement specified in the offer, including but not limited to booking services and/or making full or partial payment under the agreement, constitute a complete and unconditional acceptance of the offer. The offer may be revoked by onetworent.com at any time before its acceptance.
1. SUBJECT OF THE AGREEMENT
1.1. The Website provides the Client with services to access the Vehicle Rental Reservation System, to create a Client's request using the Platform, to search for Suppliers using the Platform, and the Client undertakes to timely pay for the services of the Website and Suppliers. 1.2. For the purpose of fulfilling this agreement when executing the Client's request, the Website provides the following services: providing Suppliers with access to place offers on the Platform, providing the Client with access to the Platform and the ability to book Supplier services on the Platform, providing the Client with the ability to make payments for Supplier services on the Platform, and providing Client support (to the extent determined by the Website). 1.3. The Website does not provide vehicle rental services - such services are provided by Suppliers. 1.4. The Website is responsible for the fulfillment of the obligations specified in clause 1.2. of the agreement, but does not assume responsibility for the actions (inaction) of Suppliers, non-performance (improper performance) of obligations by Suppliers, and is not liable for any damage or harm caused by Suppliers. 1.5. The Platform is provided 'as is'. The Website takes actions aimed at the stable operation of the Platform, but is not responsible for malfunctions in the operation of the Platform.
2. OBLIGATIONS OF THE PARTIES
The Company is obliged: 2.1.1. To place the Reservation Platform for Supplier services on the Website. 2.1.2. To provide Suppliers with the opportunity to place information about Supplier services and descriptions of Supplier services on the Platform. Before making a reservation, the Client undertakes to familiarize themselves with this information. 2.1.3. To provide the Client with the ability to search for Supplier services and book Supplier services using the Platform. 2.2. The Client is obliged: 2.2.1. To familiarize themselves with the terms of the agreement, the terms of providing the Platform, and information about Supplier services before booking Supplier services. 2.2.2. To provide accurate and truthful Client information, contact information for the Client, including email address, phone number, and any other information required by the system. 2.2.3. To have the necessary permissions to operate a vehicle in the country where services are provided. 2.2.4. To make payments for Website services and Supplier services in a manner and within the deadlines established by this Agreement. 2.2.5. To use the System only for booking services and not to use the System in ways that violate the law or could harm the Website, Suppliers, or third parties.
3. RESERVATION AND SERVICE PROVISION PROCEDURE. PAYMENT AND SETTLEMENT PROCEDURE.
4. CLIENT'S REFUSAL OF BOOKED SERVICES. FAILURE TO APPEAR AT THE SERVICE STARTING LOCATION.
4.1. To refuse services, the Client undertakes to send an email to [email protected] with a Booking Confirmation (voucher) and the subject of the email as 'Refusal.' 4.2. The refund of funds is made in the same manner and to the same account from which the payment was made. The Website (at its discretion and/or in agreement with the Client) may make a refund by other means. 4.3. The refund of funds is usually made within 14 (fourteen) working days from the date of the Client's request for a refund but may be extended due to the specific features of payment systems, contract terms with Suppliers, or other circumstances. 4.4. In case of refusal of a confirmed booking, the following funds are withheld from the Client: - 11 (eleven) % of the paid amount - payment for the use of the payment service, regardless of the cancellation terms. Booking conditions may specify other, including stricter, cancellation terms. By making a booking, the Client confirms their agreement with these terms. 4.5. Changes to the booking can be made by refusing the old booking and creating a new one on common terms. 4.6. The Client is informed that after canceling the reservation, the car may be immediately booked by any other user. 4.7. The security service of the Suppliers may refuse to provide the service to the Client without explanation no later than one day after confirming the order and making an advance payment. The paid advance in this case is returned to the Client, minus the payment for the use of the payment service in the amount of 11% (eleven percent) of the paid amount. 4.8. If the Supplier is unable to provide the reserved car to the Client due to a breakdown or other force majeure circumstances, the Supplier undertakes to provide another car of the same class or higher on the same terms and at the same price. In this case, the service is considered provided in full and properly. 4.9. The Website may (but is not obligated to) demand the original and/or scanned statement of refusal of services with the Client's signature.
5. DISPUTE RESOLUTION PROCEDURE
5.1. This Agreement provides for a mandatory pre-trial dispute resolution procedure by sending claims and responses to claims. The Client has the right to submit reasoned written claims with supporting evidence. The Website may demand the submission of the original claim on paper. 5.2. The response to the claim should be provided within 30 calendar days. 5.3. Failure to comply with the mandatory pre-trial dispute resolution procedure may be a ground for dismissing the Client's claims by the court without consideration. 5.4. If the disagreements between the Website and the Client cannot be resolved through the pre-trial procedure, they shall be resolved in court at the location of the Website, applying the law of the country of the Website's registration.
6. LIABILITY OF THE PARTIES
6.1. The Website and the Client are responsible for non-performance or improper performance of their obligations under this Agreement in accordance with the current legislation and the terms of this Agreement. 6.2. The maximum amount of liability of the Website (compensation for the Client's or third parties' losses) under this contract is the compensation for the actual damage suffered by the Client up to 100 euros. Under no circumstances does the Website bear responsibility for the Client's lost profits. 6.3. The Website is not responsible for the actions of the Suppliers, including (but not limited to) cases of non-performance or improper performance of the Suppliers' obligations, as well as cases where the Suppliers cause harm to the life and health of the Client or third parties. The Client may file relevant claims directly against the service providers. 6.4. In case the Suppliers do not provide the services booked by the Client, the Website may (but is not obliged to) take one or more of the following actions: provide the Client with necessary organizational assistance; book similar services from another Supplier and ensure their provision to the Client; refund the Client double the amount of the advance payment or another amount determined by the Website. 6.5. The Website is not responsible for inaccurate information provided by the Suppliers. 6.6. The Website is not responsible for any issues related to payment for services. 6.7. In case of a breach of the contract's terms by the Client, the Website or service providers have the right to refuse services to the Client. In this case, services are considered not provided due to the Client's fault, and a refund is not issued. 6.8. The Website does not verify whether the Client has the necessary permits to operate vehicles. The Website's authority is limited to the placement of Supplier offers (without verifying these offers) and providing the Client with the opportunity to book these offers.
7. FORCE MAJEURE
7.1. The Parties shall be released from liability for improper performance or non-performance of their obligations under this Agreement in the event of force majeure circumstances. 7.2. In the event of such circumstances, the Party for whom the occurrence of force majeure circumstances has made it impossible to perform the obligations under this Agreement must notify the other Party in writing about them. 7.3. In cases of force majeure circumstances, the deadline for the Party's performance of obligations under this Agreement is shifted proportionally to the time during which these circumstances and their consequences exist. 7.4. If force majeure circumstances and their consequences continue to exist for more than two months, the Parties conduct additional negotiations to identify acceptable alternative ways of performing this Agreement. 7.5. In the event of force majeure circumstances, the Website may refund the funds paid by the Client under this Agreement, deducting the Website's expenses for performing this Agreement.
8. TERM OF THE AGREEMENT. AMENDMENT OF TERMS OF THE AGREEMENT.
8.1 This Agreement enters into force from the moment of its conclusion in the ways provided by this Agreement or other ways provided by law and remains in effect until the Parties fulfill their obligations. 8.2 The Website's obligations are considered fulfilled from the moment the Client makes a reservation of services from the Suppliers. 8.3 The terms of this Agreement may be amended by the Website at any time without written notice to the Client. By taking any actions to fulfill the agreement, the Client confirms their agreement with the current version of the agreement.
9. FINAL PROVISIONS
9.1 The Client's performance of actions to fulfill the agreement (including, but not limited to, payment under the agreement and/or provision of documents and information necessary for the performance of the agreement and/or receipt of documents necessary for the consumption of services provided under the agreement) confirms the fact of the conclusion of the agreement and compliance with the written form of the agreement and its annexes. 9.2 The Client's email address is considered equivalent to their handwritten signature. The Website may equate the Client's performance of actions to fulfill the agreement (or Applications) on the conditions proposed by the Website to the conclusion of an agreement in writing, and the Client's performance of actions to fulfill the agreement (or Applications) on the conditions proposed by the Website with amendments may be equated by the Website to making changes in writing. 9.3 All notifications and messages must be sent in writing. Messages shall be deemed properly executed if sent by registered mail, fax, email, or delivered in person to the postal addresses of the Parties with the appropriate delivery confirmation. 9.4 The Parties agree that facsimile and other documents, as well as copies of documents received via electronic communication means, have legal force equal to the original if it is definitively established from whom they were received. In this case, copies of documents received by the Party shall have legal force. Upon the Website's request, the Client undertakes to provide the original document; in this case, the date of receipt of the document may be considered the date of receipt of the original document.
OneTwoRent: Onetworent - company 1q Rionhessi street, Tbilisi, Georgia Reg.number: 300374663