These general terms and conditions (the “General Terms”) apply to all relations between you as the courier (“You”) 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 renting 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.
- General
- On the Vok Site, You can make bookings (the “Booking”) for renting the Vehicles for specific 3-hour time slots (the “Slot/s”). Each Booking shall be deemed binding to You on the terms set out in the relevant Booking and in these General Terms from the moment of accepting Your Booking and receiving Your payment for the Booking.
- You may only use the Vehicle in the territory set out on the Vok Site upon booking the Vehicle.
- You can only make a Booking for one Vehicle at a time.
- Account
- For using the Vok Site and making Bookings, You must sign up on the Vok Site and provide the requested information (including Your payment card details). Any information You submit upon sign up or log in to the Vok Site must be true, accurate and complete.
- 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 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 any change 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 is able to see Your data.
- Booking of the Vehicle
- Bookings can be made for specific Slots on a specific date up to 6 weeks in advance.
- The time for all specific Slots as well as coefficients and prices applicable to the Slots are available on the Time slots and pricing for the couriers’ page.
- Each Slot is followed by a 30-minute padding time, which is relevant when making Bookings for several consecutive Slots. If You make a Booking for several consecutive Slots, the padding time between such consecutive Slots shall be deemed as part of the Booking, without incurring any additional fees.
- You may change any Booking up to 24h before the time of the relevant Slot.
- You may cancel your Booking up to 24h before the relevant Slot time or latest, by the previous evening at 5 pm. You will get a refund to your Cachet account for the value of your Booking.
- 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.
- All Bookings are personal, and only You can collect and ride the Vehicle. You are responsible for identifying yourself when collecting the vehicle.
- Vok Bookings are only available to persons at least 18 years of age. No refunds shall be made for Bookings made by minors.
- Use of the Vehicle
- For using the Vehicle, You have to collect the Vehicle from the respective Vok Bikes hub specified under Your Booking.
- You may collect the Vehicle from the respective Vok Bikes hub in accordance with the Slots specified in Your Booking. No refunds or extensions of Slots shall be made if You do not collect the Vehicle in due time.
- 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 will be given for the missed slots.
- You must return the Vehicle to the same Vok Bikes hub by the end of the Slot at the latest. The Vehicle must be in working order and in good condition, taking into account normal wear and tear. Vok Bikes has the right to charge a penalty payment from Your payment card in the amount of 5 euro per every 15 minutes delayed (calculated at the beginning of each 15 minutes after the Slot) by notifying You thereof and making the respective deductions from Your payment card.
- 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.
- Before starting each ride (Vehicle use session) You have to visually check the Vehicle to make sure that the Vehicle is in compliance with all items listed on the checklist (available here), including (i) visually assessing that the vehicle appears in good condition – nothing is missing, damaged, worn out or seems to be out of order; (ii) apply manual pressure to feel that the tire pressure is adequate; (iii) make sure the lights are working correctly; (iv) make sure that the riding position is comfortable and adjust the side mirrors; (v) before joining traffic, test the brakes at low speed. By accepting the Vehicle at the Vok hub, You confirm that You have completed the visual check of the Vehicle in accordance with the checklist and that the Vehicle is in riding condition and suitable for use, as described in this Section.
- You undertake to follow all 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 of other people in traffic.
- You may not hand over the Vehicle to third parties without the written permission of Vok Bikes.
- You shall bear all costs arising from the possession, use, exploitation of the Vehicle and in any other case (incl. fines imposed in case of violations of the law during the use of the Vehicle, possible recourse claims, claims for damages, etc), excluding the costs related to the technical errors of the Vehicle that are not attributable to You.
- You hereby assign to Vok Bikes the right to track the route and location of the Vehicle at any time.
- Maintenance and repair of the Vehicle
- Vok Bikes shall have the right to inspect the Vehicle at any time when the Vehicle is returned to Vok Bikes’ hub.
- You shall notify Vok Bikes immediately via phone if the Vehicle appears to be defective or damaged. You may not repair the Vehicle Yourself or have any third person repair the Vehicle, as it may cause further harm to the Vehicle.
- Vok Bikes has the right to charge You for the repair of the Vehicle (by notifying You thereof and making the respective deductions from Your payment card), if the damage is caused by use of the Vehicle in breach of these General Terms or due to Your breach of any other obligation under these General Terms. The price list for the repair works of the Vehicles is available on the Vok website.
- Fees and payment
- For each Booking, You undertake to pay Vok Bikes a Booking fee (the “Booking Fee”) for the booked Slots. All Booking Fees shall be paid as prepayment upon making the relevant Booking.
- 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 (e.g. for the repair of the Vehicle under Section 5.3) with the Deposit.
- 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).
- All 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 authorise the payment with Your payment card or using another eligible payment method in the amount of the applicable Booking Fee, and 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.
- Insurance
- VVok Bikes will arrange that the Vehicle is covered by property liability insurance that covers any damages caused to the Vehicle or to third persons due to manufacturing defects or due to circumstances arising from You.
- Upon an insurance event caused by 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 person indicated by Vok Bikes (either the insurance provider or Vok Bikes). If in such case the amount of the compensation for damages does not exceed the amount of the deductible (€200), You undertake to compensate such damages in full in accordance with Section 5.3 above. Vok Bikes has the right to charge the deductible from Your payment card.
- Intellectual Property Rights
- 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.
- Cancellation and suspension of use
- 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.
- Vok Bikes is entitled to suspend You 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.
- Liability
- You shall indemnify Vok Bikes for any damage, destruction, rendering unusable and/or theft of the Vehicle, unless You substantiate that such damage is not attributable to You (i.e. that the damage occurred irrespective of Your compliance with all laws, regulations and provisions of these General Terms).
- 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. If any damage is caused to the Vehicle due to You, no Booking 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 Booking Fee.
- 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.
- Final provisions
- 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.
- Vok Bikes may change or remove different parts of the Vok Site or change the Vok Site or its features in part or in whole at any time without prior notice.
- The principles of processing Your personal data by Vok Bikes when You use our services are set out in the Privacy Policy.
- The use of the Vok Site and all legal relations formed thereunder will be governed by the laws of the Republic of Lithuania.
- 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.