General Terms And Conditions for Couriers in Lithuania

08/02/2024

These general terms and conditions (the “General Terms”) apply to all relations between “You” (“You”, “Your”) and Vok Bikes (Optigon OÜ, registered in Estonia, registry code 14424376, with the following local contacts: address A.Juozapavičiaus 6, Vilnius 09310, Lithuania, telephone +37062730411, email [email protected]) regarding the rental of the vehicles as described in here (the “Vehicle”). By accepting these General Terms, You agree to the application and content of these General Terms and to the processing of Your personal data disclosed during registration on the Vok booking site provided by Cachet OÜ (the “Vok Site”) on the conditions set out in these General Terms. The services provided by Vok Bikes include all related equipment, personnel, services, applications, websites, and information provided or made available by Vok Bikes (collectively, the “Vok Bikes Services”).

  1. General
    1. You will be the sole renter of the vehicle, and You will be solely responsible for compliance with all terms and conditions contained herein. During the rental period, the Vehicle must be used only by You. You may not hand over the Vehicle to third parties without the written permission of Vok Bikes.
    2. You must be at least 18 years of age to use the Vehicle. No refunds shall be made for Bookings made by minors.
    3. You undertake to follow all local laws, traffic rules, and regulations when using the Vehicle and ensure the safety of the Vehicle’s participation in traffic as well as the safety and respect of other participants in the traffic.
    4. You are fully responsible for the safe use of the Vehicle at all times. You agree that the Vehicle may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. You accept full and complete responsibility for all related risks, dangers, and hazards while operating the Vehicle. 
    5. Prohibitions:
      1. It’s forbidden to use any mechanical or electrical devices (phones, tablets, music players, etc.) that may distract you from operating the Vehicle safely.
      2. It’s forbidden to operate a Vehicle under the influence of alcohol, drugs, medication, or other substances that may affect Your ability to operate the Vehicle safely.
      3. It’s forbidden to carry any passengers.
      4. It’s forbidden to use the Vehicle outside the area set out on the Vok Site.
      5. It’s forbidden to use the Vehicle for racing, tricks, or any other extreme riding.
      6. It’s forbidden to use the Vehicle “off-road” – mountains, forests, unpaved roads, ride through water, and pot-holes. 
      7. It’s forbidden to park the Vehicle in prohibited areas – unauthorized private property and other locked areas. 
      8. It’s forbidden to park the vehicle in a way that disturbs pedestrian or vehicle traffic and/or exposes the Vehicle to any possible external damage.
  2. Account and Bookings
    1. Account. Registration to the Vok Site is necessary to make bookings. You must sign up on the Vok Site and provide the requested information (including Your payment card details). All information You submit upon signing up or logging in to the Vok Site must be true, accurate, and complete.
    2. Account safety. You must keep Your user account details strictly confidential. Should You become aware of any breach of security or unauthorized use of Your account, You have to notify Vok Bikes immediately.
      If You suspect that Your credit card or other payment method associated with the Vok Site has been stolen and/or is being fraudulently used by a third party, You shall inform Vok Bikes immediately. Until receiving such notification, Vok Bikes will not be liable for any fraudulent use of Your credit card or other payment methods by third parties on Your account.
      If Your mobile number is used to sign up or log in, such a number will be associated with Your respective account. If You are no longer using the mobile number, You must notify Vok Bikes immediately so that Your account data could be anonymized. If You do not notify Vok Bikes about changes to Your number, the mobile operator might pass the same mobile number to the next person, and when using the Vok Site, this new person may have access to Your data.
    3. Bookings. Bookings can be made for specific Sessions on specific dates up to 6 weeks in advance. If You make multiple Bookings for the same Session, only one Vehicle will be handed to You. 
    4. Pricing. The time for all specific Sessions, as well as coefficients and prices applicable for the Sessions, are available on the Time slots and pricing for the couriers’ page.
    5. Padding time. Each Session is followed by a 30-minute padding time, which is not relevant when making Bookings for several consecutive Sessions. If You make a Booking for several consecutive Sessions, the padding time between such consecutive Sessions shall be deemed as part of the Booking without incurring any additional fees.
    6. Cancellation. You may cancel Your Session up to 24 h before the relevant Session time in the Cachet account dashboard. You will get a refund to Your Cachet account for the value of Your Booking.
    7. Identification. All Bookings are personal, and only You can collect and ride the Vehicle. You are responsible for presenting an identification document when collecting the vehicle. You agree that as part of the booking process, Your name and personal identity code will be shared with the company under whose branding you’re making the deliveries.
  3. Fees and payment 
    1. Booking Fee. For each Booking, You undertake to pay Vok Bikes a Booking Fee (the “Booking Fee”) for the booked Sessions. All Booking Fees shall be paid as prepayment upon making the relevant Booking.
    2. Deposit Fee. Vok Bikes has the right to claim a deposit fee (the “Deposit”) from You upon signing up on the Vok Site (the amount of the Deposit, if applicable, shall be indicated on the Vok Site). The Deposit shall cover the minimum amount of the Booking Fees that You are expected to pay during a certain period of time, as indicated on the Vok Site. If the amount of Your Booking Fees for that particular period is less than the Deposit, no repayments shall be made. If the amount of Your Booking Fees for that particular period exceeds the Deposit amount, You will have to pay the Booking Fees that exceed the Deposit amount. Vok Bikes also has the right to set off any additional claims against You with the Deposit.
    3. Discounts. Vok Bikes has the right to provide discounts to the Booking Fee, as made available on the Vok Site (e.g. for booking a certain number of Slots during a calendar month, etc.).
    4. Payments. Payments are processed from Your payment card or other payment methods activated on the Vok Site. Payments are processed through a third-party payment processor. Upon confirming the Booking, You authorize the payment with Your payment card or using another eligible payment method in the amount of the applicable Booking Fee. The respective amount will be reserved on Your payment card or through other means of payment. The Booking Fee will be charged from Your payment card or another payment method within 72 hours from confirmation of the Booking.
    5. Authorization. By providing Your payment method, You agree that Vok Bikes is authorized to charge You for your Booking(s) and any other fees incurred by You under this Agreement, including all applicable governmental and regulatory charges and applicable sales and other taxes. 
    6. Payment disputes. If there are any disputes about any charge made by Vok Bikes, then You must contact Vok Bikes within 10 business days with the disputed charge and provide Vok Bikes with all booking information necessary to identify the disputed charge, such as the date and time of the session associated with the disputed charge.
  4. Use of the Vehicle
    1. Use conditions. By choosing to ride the Vehicle:
      1.  You agree that you clearly understand the instructions presented during the onboarding provided by the Vok Bikes employees, that You are familiar with the operation of the Vehicle, and You are reasonably competent and physically fit to ride the Vehicle.
      2. You undertake all responsibilities and risks for any injuries or medical conditions. 
      3. You are responsible for determining weather conditions, including, but not limited to, rain, fog, snow, hail, ice, heat, or electrical storms, which make it dangerous to operate a Vehicle. You are advised to adjust Your riding behaviour and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
    2. Safety Check. Before starting each Session, You must visually check the Vehicle to make sure that the Vehicle complies with all items listed on the checklist (available here), including:
      1. Visually assessing that the vehicle appears in good condition – nothing is missing, damaged, worn out or seems to be out of order;
      2. Applying manual pressure to make sure the tire pressure is adequate; 
      3. Make sure the lights are working correctly; 
      4. Make sure that the riding position is comfortable and adjust the side mirrors; 
      5. Before joining traffic – test the brakes at low speed. 
    3. Start of the session. By starting Your Session, You confirm that You have completed the visual check of the Vehicle following the checklist and that the Vehicle is in riding condition and suitable for use, as described in this Section. If there are any noticeable issues, You must immediately notify customer service to alert Vok Bikes of any problems.
    4. Picking up the Vehicle. You can collect the Vehicle from the respective Vok Bikes hub in accordance with the Session(s) specified in Your Booking. If you are late to collect the Vehicle more than 30 minutes, Vok Bikes has the right to cancel the booking for this and all the consecutive slots on the same day. No refunds or extensions of Sessions shall be made if You do not collect the Vehicle in due time.
    5. Returning the Vehicle. You must return the Vehicle to the same Vok Bikes hub by the end of the Session at the latest. Vok Bikes has the right to charge a penalty payment from Your payment card in the amount of €5 per every 15 minutes delayed (calculated at the beginning of each 15 minutes after the Session) by notifying You thereof and making the respective deductions from Your payment card. 
    6. Vehicle loss or theft. If a Vehicle is deemed lost or stolen, You, as the last user of the Vehicle, shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise. If Vok Bikes deems a Vehicle lost or stolen, Vok Bikes shall have the authority to take all actions it deems appropriate, including obtaining appropriate compensation and filing a police report with local authorities. You agree to report Vehicle disappearance or theft to Vok Bikes immediately or as soon as possible. 
    7. Location tracking. Vok Bikes reserves the right to track and check the route and location of the Vehicle at any time.
    8. Guide for Drivers. You must use the Vehicle carefully, economically, prudently, and in accordance with the “Guide for Drivers” (available here), the purpose of the Vehicle, and these General Terms. The Vehicle must be parked on a flat, suitable for parking space with a handbrake on. You must not exceed the maximum weight limit for the Vehicle. After the Session, the Vehicle must be in working order and in good condition, taking into account normal wear and tear.
  5. Damages and Liability
    1. Damages. You agree that the Vehicle may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause Vehicle breakdown. If the Vehicle appears to be defective or gets damaged, You must notify Vok Bikes immediately by contacting customer service via the phone number presented on the Vehicle. You may not repair the Vehicle or have any third person repair the Vehicle, as it may cause further harm to the Vehicle. If the breakdown is related to the technical errors of the Vehicle that are not attributable to You, Vok bikes will organize a substitute Vehicle upon availability or compensate for your Session. Upon returning the damaged Vehicle, you may be asked to fill out the Damage Report Form.
    2. Damage Compensation. Vok Bikes has the right to charge You for the repair of the Vehicle if the damage is caused by the use of the Vehicle in breach of these General Terms or due to Your breach of any other obligation under these General Terms. The spare part list with approximate prices is available on the Vok website. 
    3. Repair period. Vok Bikes shall not be liable for any loss (incl. loss of use, loss of profit, loss of business, etc.) during the period of repairing the Vehicle. No Fees shall be returned or reimbursed to You for such a period of repair, and You are not released from the obligation to pay any part of the Fee.
    4. Liability. You shall bear all costs arising from the possession, use, and exploitation of the Vehicle and in any other case (incl. fines imposed in case of violations of the law, possible recourse claims, claims for damages, etc.) during the rental time of the Vehicle, excluding the costs related to the technical errors of the Vehicle that are not attributable to You. You agree and acknowledge that Vok Bikes may cooperate with law enforcement to provide any information necessary as they may request or may otherwise be required.
    5. Administrative charges. If Vok Bikes is required to pay and/or process such fees or associated costs, You agree that Vok Bikes may charge You for the amount Vok Bikes pays plus a reasonable administration charge for dealing with these matters; Vok Bikes will provide notice of any such costs or fees. In the event Vok Bikes uses a third party to resolve any fines, damages, infringements of law or penalties, damage compensations and insurance deductibles applicable by this Agreement, You agree to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest.
  6. Insurance 
    1. Third-Party Insurance. Vok Bikes will arrange that the Vehicle is covered by Third-Party liability insurance that covers damages up to €5000 caused to third parties due to manufacturing defects or due to circumstances arising from You. Whereby the damages exceed €200, You undertake to pay, at the request of Vok Bikes, a deductible in the amount of 200 € to a party indicated by Vok Bikes (either the insurance provider or Vok Bikes). If, in such a case, the amount of the compensation for damages does not exceed the amount of the deductible or exceeds the insurance limit, You undertake to compensate for such damages in full in accordance with Section 4 above.
    2. Property Insurance. Vok Bikes will arrange that the Vehicle is covered by Property liability insurance that covers damages up to €5000 caused to the Vehicle due to circumstances arising from You. Whereby the damages exceed €550, You undertake to pay, at the request of Vok Bikes, a deductible in the amount of €550  to a party indicated by Vok Bikes (either the insurance provider or Vok Bikes). If, in such a case, the amount of the compensation for damages does not exceed the amount of the deductible or exceeds the insurance limit, You undertake to compensate for such damages in full in accordance with Section 4 above.
  7. Intellectual Property Rights.
    1. Rights to the Vehicle. The Vehicle has been developed by Vok Bikes. All rights related to the Vehicle and any development thereto, including intellectual property rights (Vehicle design, utility model, patent, trademark, and other related rights), belong to Vok Bikes without any restriction. Nothing herein may be construed as a transfer of any intellectual property rights to You or any third party. You may not by Yourself or by a third party copy or modify the Vehicle in any form or manner.
    2. Consent to Image. You grant the permission to Vok Bikes to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Vok Bikes Services and grant all rights, copyrights, titles, and interests in the results of such records. You give Your consent to Vok Bikes to use Your appearance and voice in photographs, videos, and other recordings related to Your use of the Vok Bikes Services for merchandising, promotions, advertising, and other publicity.
  8. Cancellation and suspension of use
    1. Booking Cancellation. Vok Bikes may cancel any Booking upon reasonable cause at any time without incurring any obligation to compensate for such cancellation. Such reasonable cause shall include (without limitation) circumstances where at the discretion of Vok Bikes, the weather conditions render the use of the Vehicle unsafe.
    2. Suspension. Vok Bikes is entitled to suspend You indefinitely from using the Vehicles or the Vok Site with immediate effect and/or refuse to process or cancel without refunding any Bookings if You cause any abuse or harm to the Vok Site, the Vehicles,  the Vok Bikes, or if Vok Bikes has a reasonable belief of fraudulent acts by You when using the Vok Site, or if You otherwise fail to comply with Your obligations under these General Terms.
  9. Final provisions
    1. Vok Bikes reserves the right to make changes to these General Terms at any time by uploading the revised General Terms onto the Vok Site and notifying You thereof through the email address You provided during signup. The revised General Terms will apply to your future Bookings. If You do not agree to the revised General Terms, You should cease making Bookings.
    2. Vok Bikes may change or remove different parts of the Vok Site or change the Vok Site or its features in part or whole at any time without prior notice.
    3. The Vok Site is provided strictly on an “as is” basis. Vok Bikes will not be liable for any interruptions, connection errors, unavailability of, or faults in the Vok Site. Furthermore, Vok Bikes, upon its sole discretion, may introduce new and/or discontinue existing functions to the Vok Site. You will be notified of any such discontinuations accordingly.
    4. The principles of processing Your personal data by Vok Bikes when You use our services are set out in the Privacy Policy.
    5. The use of the Vok Site and all legal relations formed thereunder will be governed by the laws of the Republic of Lithuania.
    6. If the respective dispute resulting from these General Terms cannot be settled by way of negotiations, the dispute will be finally solved in the District Court of Vilnius City or Vilnius Regional Court in accordance with jurisdictional rules applicable to them.
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