Borrower- is Inared, s.r.o. registered office: Hálova 1058/20, 85101 Bratislava, ID: 50588788, VAT No .: 2120384871, VAT ID: SK2120384871, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert No .: 115399 / B, tel: +421 948 442 320
Lender - consumer - is a person who, when concluding and performing the contract, does not act in the course of his commercial or other business activities. It is a natural person who purchases products or uses services for a purpose other than doing business with these products or services (hereinafter referred to as "Lender").
Lender - non-consumer - is an entrepreneur who buys products or uses services for the purpose of doing business with those products or services (hereinafter referred to as the “Lender”).
Borrower and lender (hereinafter referred to as "the Parties") enter into an Electric Scooter Rental Agreement (hereinafter referred to as "the Agreement") among themselves.
The subject of the Contract is determination of the rights and obligations of the contracting parties, in particular the obligation of the Borrower to leave the Lender the electric scooter and accessories specified in the first page of the Contract (hereinafter referred to as "Subject of Lease") and the Lender's obligation to pay the Borrower the agreed rent and return the Subject of Lease duly and on time.
The Parties agree that, in order to ensure that the Lender's obligation under the Contract is fulfilled, the Lender shall, prior to accepting the Subject of Lease, deposit a cash advance (hereinafter referred to as "Deposit") in the amount agreed between the Parties and stated on the first page of the Contract. The Borrower is entitled to use the Deposit to settle any claims against the Lender arising from the Contract (eg for damage to the Subject of Lease, late return of the Subject of Lease, etc.).
Upon termination of the lease, the Lender shall return the Subject of Lease clean and undamaged at Obchodná 53, 811 06 Bratislava, unless otherwise agreed by the Contracting Parties.
The agreed rent is payable before the Subject of Lease is handed over to the Lender.
In the event that the Lender does not return the Subject of Lease to the Borrower in accordance with the Contract, the Lender is obliged to pay the Borrower a contractual penalty of 6.00€ with VAT for each half-hour delay of the return of the Subject of Lease. The payment of a contractual penalty does not affect the full right of compensation. In the event that the Lender does not return the Subject of Lease within 24 hours of the expiry of the agreed lease term, the Lender commits to pay the Borrower the full purchase price of the Subject of Lease.
The Parties agree that the Borrower shall return the Lender's Deposit to the Lender upon returning the Subject of Lease in a clean and undamaged condition, while the Borrower shall at the same time deduct damage to the Subject of Lease from the Deposit at the amount specified on the first page of the Contract upon return of the Lease Subject. If the damage to the Subject of the Lease exceeds the amount of the Deposit, the Lender is obliged to pay the residual amount for bringing the Subject of Lease back to its original state prior to the conclusion of the Contract.
The Borrower leaves the Subject of Lease to the Lender for temporary use for personal use only, subject to the Lender's sole use of the Lease Subject. The Lender may not allow the use of the Subject of Lease by another person.
The Lender is entitled to use the Subject of Lease only for the purpose for which it is intended and is obliged to comply with all applicable legal regulations, in particular the regulations governing traffic conditions on roads. The Lender is obliged to respect all applicable legal regulations in the field of road transport as well as other valid legal regulations.
The Lender commits to pay all sanctions that will be imposed by the Competent Authorities as a result of breach of the applicable legislation by the Lender or the persons to whom it will be allowed to use the Lease Subject.
The Lender uses the subject of the lease exclusively at his own responsibility. At each takeover and at each handover of the Subject of Lease, he is obliged to check its technical condition, in particular the braking function, the functionality of the electric drive, the function of folding the electric scooter (if any), tightening the handlebars, etc. The Lender is obliged to report the shortage immediately to the Borrower in person at the place of acceptance of the Subject of Lease or by telephone at the operator's number. The Lender may not use the Subject of Lease if the identified deficiency could be aggravated by use or would prevent safe operation.
The Lender is obliged to use the Lease Subject so as not to overload, damage, destroy, or steal.
The Lender is liable for any damages or non-pecuniary damage caused by the use of the Subject of Lease or in connection there with. The Lender commits to pay to the Borrower any damage for which he is responsible. If the Borrower is obliged to pay any damage or non-material damage caused by the Lender to third parties, the Lender is obliged to compensate the Borrower for this payment. If such damage or non-pecuniary damage is caused by persons to whom the Lender allows to use the Subject of Lease, the Lender will be liable to the Borrower for such damages and non-material damage.
The Lender shall promptly notify the Borrower of any accident, damage or theft of the Subject of Lease that occurred at the time it was used. In such a case, he is obliged to provide the Borrower and the Police Force bodies with the necessary assistance in clarifying the incident.
Electric scooters are primarily intended for use within the city. If the Lender travels between the cities, he is obliged to secure his helmet.
The Lender acknowledges that the capacity of the electric scooter is max. 100 kg (130 kg for Citywiel electric scooter).
By signing the Contract, the Lender declares that the Borrower appropriately informed him about the functions, management and manner of operation and safe use of the Lease Subject.
Security and protection of information and personal data
The Borrower as a personal data controller (hereinafter referred to as the "Administrator") hereby in accordance with the provision of Art. 13 Regulation (EU) No… /… of the European Parliament and of the Council 2016/679 of 27 April 2016, the General Data Protection Regulation (hereinafter "the Regulation"), informs its customers (hereinafter referred to as "Data Subject") and this Data Subject agrees that:
1. Personal Data of the Subject of Data, which will be handed over to the Administrator upon conclusion of the contract, will be processed for the purpose of concluding the lease contract and its subsequent performance, including handling any claims of the Subject of Data from incorrect performance. Thus, the legal basis for the processing of personal data by the Data Subject is the performance of the lease contract based on the lease agreement and at the same time the legal obligations of the Administrator under the laws governing the rights and obligations in relation to consumer protection and accounting.
2. The reason for the disclosure of personal data by the Data Subject to the Administrator is the identification of the parties necessary for the conclusion and performance of the rental agreement, including claims for liability for breach of contract, which would not have been possible without providing such data.
3. Personal Data of the Subject of Data shall be processed for the necessary period, usually for the duration of the lease, ie until the time of returning the subject of the lease, but no more than for which the Administrator is obliged to keep such data according to generally binding legal regulations. the obligation arises from the Accounting Act or for 10 years under the VAT Act.
4. The processing of personal data by the Data Subject will not result in automated decision making or profiling.
5. The Trustee has not appointed a Data Protection Officer nor appointed a representative to perform the duties under the Regulation. The Personal Data Subject's personal data may be provided to persons who provide the Administrator with legal and accounting services for the purpose of proper performance of the contract in order to ensure proper fulfillment of obligations stipulated by generally binding legal regulations. The Administrator does not intend to transfer the Personal Data Subject's data to a third country, to an international organization or to any third party other than the above.
6. The data subject has the right to request from the Administrator access to his / her personal data, their correction or deletion, or the limitation of processing, and to object to the processing, has the right to transfer such data to another administrator, as well as the right to lodge a complaint with the Data Protection Office , if it considers that the Administrator is in violation of the Regulation when processing personal data.
This Agreement shall enter into force and effect on the date of its signature by both Parties