TERMS OF USE FOR CONTACTLESS TRAILER RENTAL APP “KABI”

1. GENERAL RULES

1.1. Terms used in the Terms of Use:

1.1.1. Application – a contactless trailer rental app available on the App Store and Google Play called “KABI”.

1.1.2. Distance Agreement – the agreement between the contactless trailer rental service provider and the service recipient, concluded by them using the app “KABI”.

1.1.3. Right of withdrawal – the right of the service recipient to withdraw from the distance contract.

1.1.4. Account – a user account in Application, which provides access to services and includes information about the user's transactions in Application.

1.1.5. Lessee – recipient of the contactless trailer rental service.

1.1.6. Lessor – contactless trailer rental service provider, limited liability company "KABI RENT", registration No 40203475060, legal address Vecozoli k-7, Zaķumuiža, Ropažu pag., Ropažu nov., LV-2133.

1.1.7. Terms of Use – contactless trailer rental terms of use.

1.1.8. Cooperation Partners – persons on whose territory rental trailers are parked.

1.1.9. Trailer – all trailers available for contactless trailer rental.

1.1.10. Service – contactless trailer rental services provided by Lessor.

1.2. Application is the property of Lessor. Terms of Use apply only to trailer rentals using Application.

1.3. Before using Service, Lessee is obliged to familiarise himself with the conditions of the Terms of Use and the Privacy Policy. By registering in Application, Lessee confirms that he has familiarised himself with the Terms of Use and the Privacy Policy.

1.4. Lessee has the right to ask questions about the Terms of Use and the Privacy Policy by contacting Lessor by writing to the e-mail address [email protected] or by calling phone No +371 20393905.

2. SERVICE

2.1. Service includes the contactless rental of trailers provided by Lessor.

2.2. Service can be received and used only in the territory of the Republic of Latvia.

2.3. The maximum period of use of Service is 30 days.

3. APP AND LESSEE REGISTRATION ON APP

3.1. Lessee acquires the right to use Trailer only after registering in Application.

3.2. To use Application, Lessee needs to download it and create a user account. Application can be downloaded using a QR code, which can be found both on Trailer and on the trailer station.

3.3. An account is created by using a phone number and adding a valid bank card.

3.4. Lessee is prohibited from registering in Application with the aim of transferring the Account for use by third parties.

3.5. If Lessee's contact information specified during the registration process changes, Lessee is obliged to register the changes in Application as soon as possible.

4. SERVICE FEE AND BILLING PROCEDURE

4.1. The minimum Service fee is 5 euros, which is calculated for the first hour. The fee for each subsequent hour is three euro. The maximum fee for Service per day is 18 euros. At the beginning of the next period of the day, the fee for the first hour is three euro, until the amount of 18 euros is reached again.

4.2. Payment for Service is made after Trailer is connected to the trailer station, thus completing Service.

4.3. Payment for Service takes place automatically, after receiving Service, the total Service fee is debited from Lessee's bank account.

4.4. If Lessee's bank account does not have enough funds to pay for Service, a repeated debit attempt will be made within 24 hours. If the re-debiting fails, Lessee will not be able to use Service until the existing invoice is paid.

4.5. The invoice for Service is drawn up electronically and is available in Application.

4.6. Settlements for the damages caused to Lessor are carried out in a civil procedure, without using the automatic debiting system.

5. PICKUP AND RETURN OF TRAILER

5.1. Trailer can be picked up at the locations marked in Application. Trailer is considered received and Service started when Lessee has disconnected Trailer from the trailer station using Application and started using Trailer.

5.2. Lessee has the possibility to make a Trailer reservation in Application. The maximum reservation period is 15 minutes. No service fee is charged for the reservation. During the reservation, Lessee has the opportunity to use the right of withdrawal.

5.3. Before receiving Trailer, Lessee is obliged to verify the condition of Trailer and its suitability for use in road traffic.

5.4. In the event that Lessee finds defects in Trailer that prevent it from being used for its intended purposes or from participating in road traffic, as well as things left in Trailer that are not part of Trailer, Lessee is obliged to notify Lessor about this using Application. If Lessee has not notified the defects of Trailer, it is assumed that Lessee received Trailer in good condition and Lessor has the right to assume that the defects have arisen due to the use of Trailer by Lessee.

5.5. Lessee is obliged to return Trailer to the exact same place and to the same trailer station where Trailer was received. Trailer is considered returned only when Lessee connects it to the trailer station and when Service payment is made. If, for technical reasons, it is not possible for Lessee to connect Trailer to the trailer station, Lessee must immediately notify Lessor of this by calling phone No +371 20393905.

5.6. It is Lessee's responsibility to return Trailer in the same condition as it was received. If Trailer is not returned in the same condition as at the time of receipt, or if Trailer is damaged, Lessee is obliged to compensate Lessor for all damages.

5.7. Losses are calculated taking into account the prices of parts specified by Trailer manufacturer and/or cost calculations from a third party that performs Trailer repairs.

5.8. Lessee is obliged to return Trailer clean both inside and outside. If Trailer is returned dirty, Lessee is obliged to pay a compensation of 20 euros.

5.9. If Trailer has not been returned to Lessor after reaching the maximum time of use of Service and Lessee has not notified about the return of Trailer, Lessor has the right to contact the police and consider Trailer as lost. In that case, Lessee is responsible for all losses that Lessor has incurred and will incur in the event of the loss of Trailer.

6. RIGHTS TO USE SERVICE

6.1. Lessee has the right to use Trailer for its intended purposes, following the Terms of Use.

6.2. Lessee is obliged to treat Trailer as his own property, with care and caution.

6.3. Lessee, upon receiving Service, is obliged to monitor the technical condition of Trailer.

6.4. When using Trailer, Lessee is obliged to comply with the Road Traffic Regulations and other regulatory acts regarding the use of Trailer.

6.5. Lessee is not allowed to transfer Trailer for use by third parties. Likewise, Lessee is not allowed to repair Trailer, either by himself or through third parties.

6.6. Lessor has the right to stop providing Service to Lessee if Lessee violates the Terms of Use.

6.7. Lessor has the right to close Lessee's Account if Lessee has provided false information about himself or used the personal data of a third party.

7. LESSEE'S LIABILITY

7.1. Lessee is responsible for all damages caused to Trailer while it was at Lessee's disposal. Lessee is responsible for all damages caused to Trailer by Lessee's violation of section 6.4 of the Terms of Use and section 6.5.

7.2. Lessee is solely responsible for the violations of the Road Traffic Regulations committed by him during the use of Trailer.

7.3. In the event that Trailer is involved in a road traffic accident, is stolen, or damaged by third parties, Lessee is obliged to notify the police and to submit all documents related to the incident to Lessor, including photos of the event, the agreed statement, if such has been drawn up, the documents drawn up by the police and Lessee's written statement about the event.

7.4. In case of trailer theft, if it was stolen in circumstances where Lessee did not treat it with care, Lessee must compensate the value of Trailer to Lessor.

7.5. Lessee is prohibited from using Trailer outside the territory of the Republic of Latvia.

7.6. Lessee is obliged not to damage the trailer station. As a result of damages, if they occurred as a result of Lessee's actions, Lessee is responsible for indemnifying Lessor.

7.7. Lessee is prohibited from using Trailer in violation of its specified load capacity. The maximum load capacity for the open type Trailer is 456 kg, the maximum load capacity for the closed type Trailer is 578 kg.

8. TRAILER TECHNICAL CONDITION AND DOCUMENTATION

8.1. Lessor carries out a regular inspection of the technical condition of Trailer.

8.2. Lessor guarantees that Trailers available for Service are prepared for participation in road traffic and their technical condition meets the requirements of regulatory acts.

8.3. Trailer registration documents are not issued to Lessee, because the first part of Article 25 of the Road Traffic Law stipulates that vehicle drivers may not have vehicle registration documents for vehicles registered in the state register in the territory of Latvia.

9. RESPONSIBILITY OF COOPERATION PARTNERS

9.1. The owners and/or governors of the territories are Cooperation Partners, on whose territory Trailer is placed. Cooperation Partners do not provide consultations of Service.

9.2. Cooperation Partners bear no responsibility in connection with Service.

10. WITHDRAWAL RIGHTS

10.1. Lessee can use the right of withdrawal before receiving Service. In order to use the right of withdrawal, Lessee must cancel Trailer reservation in Application, and Trailer must not be disconnected from the trailer station.

10.2. The right of withdrawal cannot be used in the cases specified in the regulatory acts, as well as if Lessee has disconnected Trailer from the trailer station.

11. PRIVACY POLICY

11.1. Lessee is responsible for the correctness of the data sent and the credit institution's payment account data and updating of data.

11.2. Lessee agrees to Lessor's right to process the data received from Lessee for trailer rental for drawing up a Distance Agreement, in accordance with the current norms of legal acts on the protection of personal data.

11.3. Lessor is prohibited, without coordination with Lessee, to unlawfully use the sensitive information of Lessee’s data that have been transferred to Lessor's disposal.

11.4. In the event that Lessee does not pay for Service or remains in debt for Trailer damages, he hereby gives his consent that his name, surname and the first part of the personal code will be placed in the publicly available registers of disadvantaged lessees.

11.5. The full version of the Privacy Policy is available both in Application and on the website www.kabi.lv and Lessee is obliged to familiarise himself with Service before receiving it.

12. TERM AND AMENDMENTS TO THE TERMS OF USE

12.1. The Terms of Use come into force at the moment when Lessee familiarises himself with them and makes a mark in Application about familiarisation with the Terms of Use and the Privacy Policy. They are valid for the entire duration of Service, until the obligations specified in the Terms of Use are fulfilled.

12.2. Lessor has the right to unilaterally make amendments to the Terms of Use, including Service Fee, by announcing the amendments by sending information to Application.

12.3. If Lessee continues to use Service after the amendments come into force and if the amendments have been announced in accordance with section 12.2., it is considered that Lessee agrees to the amendments made. If Lessee does not agree to the amendments, then Lessee is obliged to return Trailer to Lessor in accordance with the procedures specified in the Terms of Use.

13. FORCE MAJEURE

13.1. Lessee is released from obligations for non-fulfilment of the Terms of Use, if it occurs as a result of force majeure or the influence of extraordinary circumstances that Lessee could not foresee, prevent or influence.

13.2. In the event of the occurrence of the circumstances specified in section 13.1., Lessee must immediately notify Lessor of this, informing it of the specific circumstances, the time of their occurrence and the impact on Service.

14. RESOLUTION OF DISPUTES

14.1. The relationship between Lessee and Lessor is governed by the laws in force in the Republic of Latvia.

14.2. Disputes between Lessee and Lessor are resolved through mutual negotiations. If the parties fail to reach an agreement through negotiations, the dispute is resolved in the court of the Republic of Latvia, in accordance with the procedures specified in the regulatory acts.