User Agreement

User Agreement

CHARGE services are provided in accordance with the rules below, which constitute a legal agreement between SIA “CHARGE”, reg. Nr.40203295652, as the Lessor and you as the Renter. By agreeing with this Contract, you acknowledge that you have met the content of it, the rules are understandable and you undertake to comply with it. 

1. Terms used in the rules

1.1. Contract - Agreement between the Renter and the Lessor.

1.2. Account - A user account on the CHARGE Application that provides access to the Services to the Renter and includes information about actions made by the Renter in the Application.

1.3. Privacy Policy - Privacy Policy deployed on CHARGE Application and Home Page.

1.4. Renter - Mobile CHARGE Application user who has registered as a user and uses CHARGE Services.

1.5. Services - CHARGE Application, electrical Scooter rentalsand other related services specified in the Application that are available to the Renter via CHARGE Application, either individually or in combination with the Vehicle or Electrical Scooter rental services.

1.6. Discount Code - Discount Code, which gives the Renter the ability to reduce Service charges by applying a discount. For discount codes, the Lessor is entitled to apply additional rules for their use.

1.7. CHARGE Application - A mobile application owned by the Lessor that is available in the App Store and Google Play Store.

1.8. Scooter - Electrical scooter owned by the Lessor on which CHARGE signs of recognitions marks are located.

1.9. Scooter Lease Service - Lessor’s Scooter assignation to the Renter for consideration under CHARGE Applications, Rules and Privacy Policy.

1.10. Green Zone - territory highlighted on the CHARGE Application.

2. General provisions

2.1. The rules shall be binding on all Renters at the time when the Renter has established an Account using the Lessor Application.

2.2. The rules are available to the Renter in the Lessor’s Application both before and after Creating an Account. The Renter shall confirm his or her agreement with the Regulations when using Scooter.

2.3. For the development of services, the Lessor is entitled to amend the Regulation in a unilateral manner. Amendments to the rules shall become binding on the Renter at the time of their publication. The changes will be published on the Lessor's home page and on the Application. We invite the Renter to meet the current version of this Regulation before each trip.

3. Renter sign-in on CHARGE Application..

3.1. Renter registers on CHARGE Application by downloading it from the App Store or Google Play Store and runs registration activities.

3.2. Lessor approves Renter's registration on CHARGE Application by sending a text message with access code to a mobile phone number specified by Renter. The Renter Account is considered to have been created when the Renter has entered “CHARGE” approach code received from the Lessor in the Application. The Renter shall be prohibited from providing incorrect or relevant information to other persons.

3.3. When the first time authorised, entering your mobile phone number and the access code received by the Lessor in a text message, it is assumed that the Renter is a freely expressed, unambiguous and direct willingness, and agrees with the Rules and undertakes to comply with them by taking all future actions through the CHARGE Application. The rules are considered to be binding on all future activities performed by the Renter in the Application, including transfers, approvals, photo downloads, etc. from the time of approval of the Regulations.

3.4. The specified mobile phone number is used as a Renter’s identifier for all actions in the Application. One Account is created for one mobile phone number. When entering his or her phone number in the CHARGE Application, the Renter confirms his or her identity.

3.5. CHARGE Application is free of charge. The list of services specified by the Lessor, located on the CHARGE Application, shall be applied to related Services. The charges for a particular service are calculated by the Application after the service is provided, except if the fixed service charge is not specified in the price list.

4. Rental of Scooter

4.1. A Renter shall inform the Lessor of the desire to rent Scooter using CHARGE Application.

4.2. A Renter in the Application highlights the Scooter that you want to rent. In the event that the Scooter marked by the Renter is not available, the Lessor shall reject the lease of the Scooter marked by the Renter.

4.3. Scooters rental service becomes active to the Renter the moment Renter scans or enters the QR code on the CHARGE Application that way activating the Scooter.

4.4. The end of rental service is considered to be the moment when the Renter has approved the completion of the Scooter lease in the Application and uploaded and sent a photo to the Lessor with the Renter’s - tagged Scooter in the Green Zone, after completing the rental service.

4.5. Restrictions on the use of a Scooter during the lease of a Scooter:

4.5.1. It shall be prohibited to use a scooter for persons under 18 years of age. During the lease of the Scooter, the Renter shall be independently responsible for his or hers safety and health.

4.5.2. It is prohibited to use a Scooter for the carriage of objects, goods and passengers or for overloading the Scooter. The maximum permissible weight for carriage by Scooter (load capacity) shall be 100 kilograms. Only one person can move with a Scooter at the same time.

4.5.3. The Renter shall not be permitted to sublease or use Scooter to third parties. The Scooter is used personally by the Renter. This condition includes the obligation to carefully store and not divulge to other persons the access data used in the Application, names and passwords of the user (including other means of connection, if any).

4.5.4. The Renter is prohibited from using Scooter while under the influence of alcohol, narcotics or other psychotropic substances.

4.5.5. The Renter is obliged to place the Scooter in a visible location in the Green Zone, ensuring that it does not interfere with and/or restrict the movement of pedestrians, bicycles and/or vehicles, without crossing sidewalks, waterways and carriageways.

4.5.6. The Renter shall be prohibited from placing the Scooter indoors and in the territory of private property in which access to third parties is restricted/denied.

4.5.7. The Renter, for completing the Scooter Lease Service, is prohibited from placing the Scooter outside the CHARGE Application - labelled Green Zone, in which the positioning of Scooter is prohibited.

5. Rights and Liability of Renter

5.1. The Renter has the right:

5.1.1. use the Scooter inside and outside the Green Zones.

5.1.2. require the Lessor to block the Renter Account by approving the Lock of the Renter Account with the Renter Authorization Code;

5.1.3. require the lessor to unlock the Renter Account by approving the unlocking (activation) of the Renter Account with the Renter Authorization Code.

5.2. Renter Liability

5.2.1. The Renter shall assume full financial responsibility and responsibility for his or her actions, life, health and third parties and the losses caused by the lessor by using Scooter;

5.2.2. Before using Scooter, the Renter shall independently verify that he is in a physical and psychological condition that is appropriate for the use of Scooter, and the Renter has knowledge and skills for the use of Scooter. For the safety of the Renter, the Renter is advised and the Renter is entitled to use protective equipment (helmet, protective clothing), the provision of which is solely in the hands of the Renter and at the expense of the Renter.

5.2.3. The Renter shall be required to inform the Lessor immediately by taking the Scooter for use or during the use of Scooter, using the Application.

5.2.4. The Renter shall be required to comply with road safety rules during the use of Scooter. In the case of a road accident involving Renter and/or Scooter during the use of Scooter, the Renter shall be required to notify without delay of the road accident to the Lessor and the police.

5.2.5. The Renter must choose a driving speed when travelling on the sidewalks to avoid endangering or disturbing pedestrians. If necessary, drive at a speed not exceeding the pedestrian speed.

5.2.6. In the case of discharge of a battery during use by Scooter, the Renter shall be obliged to stop using Scooter, confirm the completion of the Scooter lease in the APPLICATION and place the Scooter in the Green Zone.

5.2.7. In the event that the Renter does not return the Scooter to the Green Zone, the Renter shall be charged up to EUR 20.00 per case.

5.2.8. In the event that the Renter has not approved the completion of the Scooter Lease Service for more than 24 hours from the time the Renter has activated the Scooter, the Lessor considers Scooter to be lost or stolen, and the Renter pays the Lessor the value of Scooter which amount to EUR 900.00 The Lessor has the right to withhold from the Renter’s Credit Card. Lessor shall report to the police on the fact of the loss/theft of Scooter.

5.2.9. The Renter agrees to pay the penalties, expenses and other charges incurred by the lessor and applied by third parties to the lessor by using Scooter and failing to comply with the binding regulatory enactments in force in the Republic of Latvia, including the municipality regulations of Valmiera. In addition, in respect of the costs of administering penalties, expenses and other charges, the Renter shall pay to the Lessor a penalty, expense and other payment administration service fee of up to EUR 20.00 for each case.

5.2.10. The Renter shall be responsible for any damage, security that may be caused to the Renter or others by the use of Scooter.

5.2.11. The Renter shall be responsible for Scooter from the moment when the Renter takes the Scooter for use until the moment the CHARGE Application has approved the completion of the Scooter rental service.

5.2.12. The Renter shall be fully responsible for all damages caused to Scooter during the Scooter Lease Service.

5.2.13. In case Scooter is stolen at the time of its lease, the Renter shall immediately notify the fact of the theft to the Lessor and the police.

5.2.14. The Renter shall be responsible for the accuracy and updating of the payment cards issued by his or her credit institution, if any changes arise. The Renter agrees with the rights of the Lessor to process all data received from the Renter.

5.2.15. The Renter shall be obliged to inform the Lessor immediately when the Renter has learned of the illegal use of the Renter Account and the Renter's data transferred to the Lessor without coordination with the Renter.

5.2.16. The Renter is aware that the use of Scooter includes risks, including the life, health risks of the Renter, which may be harmed to the health, life and property of the Renter. A Scooter is a technical device for which there is a potential technical error in use, which may cause damage and hazards to the Renter using the Scooter. Damage, injury to third-party health, life, property may occur during the use of the Scooter, so the Renter must be especially attentive and use the Scooter as careful and caring owner.

6. Rights and responsibilities of the Lessor

6.1. Rights of the Lessor

6.1.1. The Lessor processes it after receiving data from the Renter in the CHARGE Application.

6.1.2. The Lessor has the right to unilaterally suspend the provision of the Services without delay if:

6.1.2.1. The Renter has provided the Lessor with false/incomplete information;

6.1.2.2. Renter damages the property of the Lessor, i.e. Scooter;

6.1.2.3. The Renter is in debt with Lessor.

6.2. Upon unilateral cessation of the provision of the Services by the Lessor, the Renter shall be obliged to pay the full amount of the Services immediately.

6.3. The funds on the payment card issued by the Renter credit institution will be used for the payment of the Services provided to the Lessor. If the Renter Payment Card does not have sufficient funds for the full performance of the Renter's financial commitments to the Lessor, the Lessor shall have the right to transfer the Renter's data to third parties for the collection of debt or to carry out operations independently for the recovery of the debt from the Renter.

6.4. The Lessor has the right to close the Renter’s Account if:

6.4.1. The Renter uses the property of the Lessor, i.e. the Scooter, for purposes not intended for it;

6.4.2. Renter damaging Scooter;

6.4.3. The Renter has transferred the Scooter for use to another person;

6.4.4. The Renter has not transferred the Scooter to the Lessor via CHARGE Application

6.4.5. The Renter has provided the Lessor with false and/or incomplete information;

6.4.6. The Renter has provided other personal information/data to the Lessor for the receipt of the Services;

6.4.7. The Lessor is suspected of fraudulent activities by the Renter;

6.4.8. The Lessor shall not have at its disposal any valid payment card data issued by the credit institution with which the Renter is entitled to settle the Services.

6.5. The Lessor has the right to deactivate and close the Renter Account if it has not been used for more than 12 (twelve) months. The amount of Service Prepayments available in the application is deleted irreversibly, not returned.

6.6. The Lessor has the right, at the initiative and at the discretion of the Lessor, to grant the Renter a discount to the service. For the use of the discount, the Lessor shall send to the Renter the Discount Code, which is specified by the Renter in the CHARGE Application, before making a payment for the Scooter Lease Service. The Lessor reserves the right to withdraw the application of the Discount Code at any time without sending a separate notification to the Renter until the Discount Code is used, if the Renter has not fulfilled its financial obligations to the Lessor and the Renter has debts, or if the Discount Code is used illegally, if the use of the Discount Code is carried out by a third party other than the Renter, if: the use of the discount code is not in the commercial interest of the Lessor.

6.7. Lessor’s responsibilities:

6.7.1. The Lessor shall ensure the operation of the CHARGE Application;

6.7.2. The Lessor shall ensure that the technical position of the Scooter is consistent with the intended purpose of use for Scooter.

7. Scooter Lease Time

7.1. The lease time for the Scooter begins when the Renter has activated Scooter by scanning its QR code, or entered the Scooter code manually;

7.2. Completion of the Scooter Lease Service the Renter performs by placing the Scooter in the Green Zones and taking pictures of Scooter after parking Scooter and uploading image, as well as approving the completion of the Scooter Lease Service in CHARGE Application. The maximum continuous rental time for Scooter shall be 24 (twenty-four) hours from the time the Renter has activated Scooter.

8. Rentals cost

8.1. The pricing for the Scooter rental service is available on the CHARGE Application. 

8.2. When approving the use of Scooter, the Renter certifies that he or she has met the rental price applicable to the Scooter lease.

8.3. The Rental fee for the Scooter lease is calculated for the entire Scooter lease time, i.e. from the time the Renter has activated Scooter until the Renter has approved the End of the Scooter ride in the Application.

8.4. The final rental amount for the Scooter lease is determined according to the Scooter Lease Time, and when the Renter approves the completion of the Scooter Lease Service is specified in the CHARGE Application.

9. Procedures for Payment of Lease

9.1. The Renter shall pay the rent using a payment card issued by the credit institution. Payment of the rental fee with a payment card issued by the credit institution requires the prior activation of the data on the payment card issued by the credit institution on the CHARGE Application from the Renter and the Renter's consent to the Regulations and Privacy Policy.

9.2. When entering data of the payment card issued by the credit institution into the CHARGE Application, the Lessor agrees and grants the right to receive from the payment card issued by the credit institution specified by the Renter all payments for Scooter lease, expenses, including fines, and losses caused by the Renter to the Lessor in connection with the use of Scooter.

9.3. The Renter shall be responsible for ensuring that the balance of the payment card issued by the credit institution specified in the Renter CHARGE Application is sufficient for the payment of the services of the Lessor. At the beginning of the journey, the balance of the available funds of the Renter Settlement Card will be checked and a funds reservation of EUR 2 will be made. The final rental amount for the Scooter lease is determined according to the Scooter Lease Time, and when the Renter approves the completion of the Scooter Lease Service is specified in the CHARGE Application.

9.4. The service fee shall be deemed to have been paid when it has been received in the account of the Lessor.

9.5. In the event that the Renter does not agree with the amount of funds transferred from the payment card issued by the Renter credit institution to the Lessor, the Renter has the right to submit a submission to the Lessor within 10 (ten) days from the date of the transfer of funds, stating the arguments and the supporting evidence regarding the payment made by the Renter's contested payment card.

9.6. In the event that the Renter fails to comply properly with the Agreement and/or provides false statements, the Renter must reimburse the CHARGE for losses and costs arising from the recovery of the debt or other activities related to the enforcement of the provisions of the Treaty, including, but not limited to, legal services and debt recovery costs.

9.7. CHARGE has the right to automatically remove the amounts specified in the Agreement if CHARGE Scooter is damaged due to the fault of the Renter and the Renter is obliged to cover other losses, costs and penalties under the Agreement. The Renter hereby agrees that CHARGE may reserve up to the total estimated amount of costs and losses and remove any amounts owed by the Renter under the Agreement from THE payment card registered in CHARGE. However, if the cash reservation fails or the payment card mentioned above does not have sufficient resources, it is not possible to start a new journey with CHARGE Scooters and the CHARGE account in the Application is temporarily blocked until the amount is paid and all payments calculated under the Agreement are made.

10. Payments

10.1. After registration for CHARGE in the Application, the Renter needs to add a valid payment card to his OR her CHARGE in the Application profile. By adding such a payment card, the Renter shall certify that the Renter has the right to use the card for such purposes and that other persons will not object to claims regarding the use of such a payment card for the performance of CHARGE Services and payments related to this Agreement.

10.2. The Renter payment card, adding it to CHARGE in the Applications for the first time, will be tested using the bank's 3D security technology, which confirms the card's affiliation and the card owner's approval to pay the Rent Service and other Services associated with this agreement with the attached payment card.

10.3. After you add a payment card in accordance with this Regulation, you must make a cash contribution for the use of CHARGE Services, which can be made by selecting the amount of the contribution according to one of the amounts of the contributions specified in THE CHARGE Application. When you make a contribution, the “Wallet” section will reflect the available balance that you can use to pay CHARGE services, according to the price schedule specified in the CHARGE Application.

10.4. The cash contributions made by the Renter using CHARGE Application are prepayment for CHARGE Services and cannot be returned.

10.5. In cases where the estimated price for the journey exceeds the amount available in “Wallet”, the missing amount will be debited from the payment card linked to the account after the end of the journey. In such cases, the Renter must ensure that sufficient resources are available in the payment card account to enable the transaction to be carried out. If this is not done, CHARGE is entitled to deduct from the payment card attached by the CHARGE Application an amount equal to the Renter's debt for the trips made, as well as any other expenses and/or losses incurred as a result of the Renter's activities or omissions.

10.6. If the Renter does not have enough funds on the payment card to pay, the Service fee amount will be withheld and requested again when the amount of money is available on the payment card.

10.7. If the balance of the payment card is not added within 3 days to pay the Service fee, the User CHARGE Application account will be blocked.

11. Contract between the Renter and the Lessor

11.1. The Renter shall be deemed to have concluded the Agreement by registering for CHARGE in the Application and approving the Conditions. The contract shall be valid for an indefinite period of time. The contract entered into in the application shall have the same legal effect as the signature on written documents and may be used as evidence of commitment.

11.2. The agreement is terminated with the activities of the Lessor and/or the Renter in the form of Account closure.

11.3. The contract between the Renter and the Lessor may be terminated by mutual agreement or unilaterally at any time between the Renter and the Lessor.

11.4. A Renter is entitled to delete his account from CHARGE Applications at any time. It is possible to delete an account only if there is no active Scooter rental service, that is, the Renter has not used Scooter for use, and the Renter has entered into all financial obligations with the Lessor, including the completion of all lease payments for any fines, expenses and other charges caused by potential losses (if any).

11.5. The Lessor may delete the Renter account at any time if the Renter has not used the account for more than 12 (twelve) months and the Renter has fully settled all financial obligations related to the Lessor

12. Legislation and dispute settlement

12.1. The legal relationship between the Lessor and the Renter shall be governed by the laws and regulations in force in the Republic of Latvia.

12.2. In the event that any of the provisions of the Regulation expires, this condition shall not apply but the other provisions of the Contract shall remain in force.

12.3. The Lessor and the Renter shall endeavor to settle disputes by mutual agreement on the basis of the principles of fairness, reasonability and justice. In case the dispute has not been resolved within 30 (thirty) days from the date of the occurrence thereof, the dispute shall be referred to the courts of the Republic of Latvia.

13. Changes to the Regulation

13.1. The Lessor has the right to make changes to the regulations at any time without prior notification to the Renter.

13.2. The Lessor will inform the Renter of the updated Terms in the e-mail or on CHARGE Application or publish the new version on the CHARGE home page.

13.3. If the Renter does not wish to comply with the updated Terms, the Renter shall immediately notify the Lessor of the termination of the Services from receipt of the Update Statement. In the event that the Renter has not notified the Lessor of the termination of the Service, the Renter shall be deemed to have accepted the updated Terms.

14. Contact details

SIA “CHARGE”, reg. nr. 40203295652

Registered office: Āžkalna Street 1-20, Valmiera, LV-4201

Actual address: Cempu Street 8F, Valmiera, LV-4201

Email: charge.valmiera@gmail.com

Telephone: +371 26095415

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