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LESSOR’S GENERAL TERMS AND CONDITIONS

ALIANCIA STARÁ TRŽNICA – občianske združenie (civic association), the Lessor is has registered seat at Námestie SNP 25, 811 06 Bratislava, Reg. No.: 42 263 948, Tax ID No.: 20 23 831 436, VAT ID No.: SK20 23 831 436, bank details : Slovaenská sporiteľna a.s. , IBAN: SK50 0900 0000 0050 4282 2590 . Lessor’s contact e-mail: info@upcity.sk , contact phone number: +421 948 940 437, website: www.upcity.sk < When entering the leasing contracts, the Lessor is represented by the authorized employee. In addition to the main, non-profit and generally beneficial activities, the Lessor engages in the short-term transportation leasing contract for a specific compensation under the General Terms and Conditions of the Lessor (hereafter referred to as the "GTC").   The Lessee is a physical or legal person with whom the Lessor entered the transportation leasing contract. In the transportation leasing contract, the Lessor and the Lessee shall stipulate the lease terms and condition. No other person has the legal right to enter the transportation leasing contract with the Lessor. The Lessor may refuse to enter the transportation leasing contract with any person for whatever reason or without a stated reason. The transportation leasing contract´s content depends on the type of the contract.

The Lessor leases out the following means of transport:

  • Volkswagen e-up! automobile
  • electric scooter
  • cargo-bike
  • bike

I. LEASE OF A VOLKSWAGEN E-UP! CAR

  1. The Lessor is able to lease a Volkswagen e-up! car to the Lessee for the period stated in the contract. Except for the Lessee, the vehicle can be operated in the same exact manner also by another driver. The Lessee is required to borrow a car at the Lessor’s premises at Námestie SNP 25 in Bratislava, and return the car at the same address when the lease is over. The Lessee and the Co-driver must declare that they are fully capable of using the car without damaging it or causing bodily harm to any person, including themselves or to a property. When renting the car, the Lessee is obliged to pay the rent including a deposit payment to the Lessor. The Lessor has the right to encumber the Lessee’s bank account with a car guarantee; this means that the Lessee will not be allowed to dispose of such amount for the duration of the lease. By signing the contract, the Lessor confirms the receipt of the rent and the deposit. Neither the Lessee nor the Co-driver are entitled to sublease or lend the car to, or allow it to be driven by, any other person. Upon a breach of this obligation, the Lessee shall pay a contractual penalty. Along with the car, the Lessor shall hand over keys, the relevant documents, a warning triangle, a first aid kit, and other mandatory items to the Lessee and, if requested, a child seat or a booster seat. The Lessee is obliged to return those items along with the car. Upon failure to return those items, the Lessee is obliged to pay a contractual penalty. The Lessor is entitled to use the deposit for compensating the penalties or other occurring demands against the Lessee.
  2. By signing the contract, the Lessee declares that he/she has thoroughly inspected the car upon its takeover, and at the time of it being taken over the car has no defects or contains only defects that are drawn and specified in the layout appended to the contract. By signing the contract, the Lessee declares that he/she has been instructed by the Lessor on how to use the car; in particular, he/she has been advised of the need to monitor the battery level, as well as the car range and the need for and the manner of recharging the battery at the charging stations and their locations. The Lessee is obliged to recharge the car battery sufficiently before it becomes empty. The Lessee is obliged to find a charging station immediately after the dashboard alarms with warning of a remaining car range of 30 km. The Lessee is liable for any damage to the car that has not been drawn and specified in the layout appended to the contract and that will be present on the car at the moment of it being returned to the Lessor, regardless of whether or not such damage was caused at the time when the car was being driven by the Lessee or any other person. The Lessee is obliged to pay the Lessor not only the damages but also a lump-sum compensation for the costs related to the removal of damage. If any damage is present on the car at the moment of it being returned to the Lessor, the Lessor will not refund the deposit to the Lessee and will retain it to cover the repair costs; after these costs are paid, the remainder of the deposit will be refunded to the Lessee. Upon the car is returned, the Lessor shall inspect the car and record and specify in the layout appended to the contract any defects found. The return of the car and (non-)presence of defects shall be confirmed by the Lessor signing the contract.
  3. The Lessee and the Co-driver are required to comply with the traffic regulations and are liable for any traffic offenses they may commit. If the Lessee fails to return the car in a due and timely manner, he/she is obliged to pay a contractual penalty.
  4. In the event of damage caused to the car by their own fault, a malfunction, a dashboard warning alarming the regular technical inspection, an accident, a theft or a damage caused by a third party, the Lessee and the Co-driver are obliged not to leave the car and to contact the Lessor immediately by phone; in the event of an accident, theft, and damage caused by a third party, they are also obliged to report the incident to the police immediately. Whenever leaving the car unattended, the Lessee is obliged to lock it. The Lessee is liable for any damage caused to the car that is not covered by insurance or is covered only partially. In such event, the Lessee is obliged to pay the Lessor compensation not only for damages but also a lump-sum compensation for the costs related to the damage removal and the handling of an insurance claim. The car is covered by motor hull insurance provided by Generali Poisťovňa, a.s. Upon the occurrence of an insured event, the deductible shall amount to 5% of the damage, but no less than € 66. In addition to the actual repair costs, it is possible to use the special calculation software commonly used by insurance companies to calculate repair costs, and such calculation will fully replace the option of providing proof of the actual costs of the car replacement. All people transported by the car must be insured in the case of an accident, hospitalization, permanent consequences, death caused by an accident. Such insurance can be provided by MetLife Europe Insurance d.a.c., a branch of an insurance company from another member state. The Lessor is not liable for damage caused to the Lessee’s property in connection with the performance of the contract; such damage is also not covered by the insurance. The Lessee is not entitled to any compensation or reduction in the rent, for the distance to the charging station and back. In case the battery fails to be recharged in time and the car gets stuck outside the Lessor’s premises, the Lessee shall reimburse the Lessor´s costs for transporting the car to the Lessor´s premises, as well as for any other costs related to the event.
  5. The Lessee and the Co-driver have to grant Lessor with a consent, and therefore, allow to process their personal data to the extent set in the contract in order to execute the contract. They grant such consent for the time under the contract, which is necessary for fulfilling the obligations and are entitled to revoke the agreement in writing at the Lessor’s registered seat. Moreover, by signing the contract, they also agree with obtaining their personal data by copying and/or scanning official documents. They also grant consent to the satellite tracking and recording of the car’s position. Hereby, the legal relationship established is governed by Slovak laws, especially the Civil Code. Any disputes arising out of or in connection with the contract shall be resolved by the competent Slovak courts.

II. LEASE OF AN ELECTRIC SCOOTER

  1. The Lessor is able to lease an electric scooter to the Lessee according to the term stated in the contract. The Lessee shall lease the electric scooter at the Lessor’s premises at Námestie SNP 25 in Bratislava, and return it at the same address when the lease ends. The Lessee declares that he/she is fully capable of using an electric scooter without damaging it, causing property damage or bodily harm to any person, including himself/herself. When renting the electric scooter, the Lessee is obliged to pay the rent as well as to make a deposit payment to the Lessor. The Lessor has the right to load the Lessee’s bank account with a guarantee for an electric scooter; this means that the Lessee will not be able to dispose of this amount during the leasing duration. By signing the contract, the Lessor accepts the rent receipt as well as the deposit. The Lessee is not entitled to sublease or lend the electric scooter or allow any other person to use it. In the case of violation of the mentioned obligation, the Lessee shall pay a contractual penalty. Along with the electric scooter, the Lessor will hand over a safety lock and a helmet which is compulsory to wear to the Lessee. The Lessee is obliged to return aforementioned equipment together with the electric scooter prior to its return; in case of failure to return the safety lock and the helmet, the Lessee is obliged to pay a contractual penalty. The Lessor is entitled to offset the deposit against the payment of penalties or any other claims he may have against the Lessee.
  2. By signing the contract, the Lessee declares that he/she has thoroughly inspected the electric scooter prior its lease, and at the time of the scooter being leased, the electric scooter has no defects or contains only defects that are drawn and specified in the layout. By signing the contract, the Lessee declares that Lessor provided necessaryš instructions on how to use the electric scooter. In particular, the Lessee was instructed on how to prevent any part of his/her clothes from being caught or entangled in the wheels of the electric scooter, as well as how to brake safely. The Lessee has also been advised of the need to monitor the battery level, and to recharge the electric scooter battery when the level drops below 30%. The Lessee has been advised that the use of the electric scooter may lead to a clothing pollution, and hat he/she accepts and agree with aforementioned warnings. The Lessee is liable for any damage to the electric scooter that has not been drawn and specified in the layout and that will be present on the electric scooter at the moment its return to the Lessor, regardless of whether or not such damage was caused at the time when the electric scooter was being used by the Lessee or any other person. If any damage is present on the electric scooter at the moment of it being returned to the Lessor, the Lessor will not refund the deposit to the Lessee and will retain it to cover the repair costs; only after these costs are paid, the rest of the deposit will be refunded to the Lessee. If the Lessee returns the electric scooter dirty, he/she is obliged to pay a contractual penalty. In case of failure to return the electric scooter, no matter what the reason is, the Lessee is obliged to compensate full acquisition cost to the Lessor. When the electric scooter is returned, the Lessor shall inspect the electric scooter and record and specify any discovered defects, in the layout. The return of the electric scooter and (non)presence of defects shall be confirmed by the Lessor’s signature.
  3. The Lessee is required to comply with the traffic regulations and is liable for any traffic offenses he/she may commit. If the Lessee fails to return the electric scooter in a due and timely manner, he/she is obliged to pay a contractual penalty.
  4. In the event of the electric scooter being involved in an accident or being lost or damaged, the Lessee is obliged not to leave the electric scooter. The Lesse is obliged to contact the Lessor immediately by phone, and to cooperate with the police, the insurer, and other affected people. Whenever leaving the electric scooter unattended, the Lessee is obliged to lock it. Whenever the battery level drops below 30%, the Lessee is obliged to recharge the electric scooter battery at the Lessor’s premises. In case the battery fails to be recharged in time and the car gets stuck outside the Lessor’s premises, the Lessee shall reimburse the Lessor´s costs for transporting the car to the Lessor´s premises, as well as for any other costs related to the event. The Lessee is liable for any damage caused to the electric scooter. The damage caused to the electric scooter shall be quantified according to the repair costs.
  5. The Lessee has to grant Lessor with a consent, and therefore, allow to process their personal data to the extent set in the contract in order to execute the contract. They grant such consent for the time under the contract, which is necessary for fulfilling the obligations and are entitled to revoke the agreement in writing at the Lessor’s registered seat.Moreover, by signing the contract, they also agree with obtaining their personal data by copying and/or scanning official documents. They also grant consent to the satellite tracking and recording of the car’s position. Hereby, the legal relationship established is governed by Slovak laws, especially the Civil Code. Any disputes arising out of or in connection with the contract shall be resolved by the competent Slovak courts.

III. LEASE OF A CARGO BIKE

  1. The Lessor shall lease a cargo bike to the Lessee for the term set forth in the contract. The Lessee shall take over the cargo bike at the Lessor’s premises at Námestie SNP 25 in Bratislava, and hand it over at the same address when the lease ends. The Lessee declares that he/she is fully capable of using the cargo bike without damaging it or causing property damage or bodily harm to any person, including himself/herself. When taking over the cargo bike, the Lessee is obliged to pay the rent and to make a deposit payment to the Lessor. The Lessor has the right to encumber the Lessee’s bank account with a cargo bike guarantee; this means that the Lessee will not be allowed to dispose of such amount for the duration of the lease. By signing the contract, the Lessor confirms the receipt of the rent and the deposit. The Lessee is not entitled to sublease or lend the cargo bike to, or allow it to be used by, any other person. Upon a breach of this obligation, the Lessee shall pay a contractual penalty. Along with the cargo bike, the Lessor shall hand over to the Lessee a safety lock and a helmet which the Lessee is obliged to use and return together with the cargo bike; upon failure to return the safety lock and the helmet, the Lessee is obliged to pay a contractual penalty. The Lessor is entitled to offset the deposit against the payment of penalties or any other claims it may have against the Lessee.
  2. By signing the contract, the Lessee declares that he/she has thoroughly inspected the cargo bike upon its takeover, and at the time of it being taken over the cargo bike has no defects or contains only defects that are drawn and specified in the layout appended to the contract. By signing the contract, the Lessee declares that he/she has been instructed by the Lessor on how to use the cargo bike. The Lessee has been particularly instructed how to prevent any part of his/her clothes from being caught or entangled in the chain of the cargo bike, as well as how to brake safely. The Lessee has been advised that the use of the cargo bike may cause his/her clothes to become dirty, a fact that he/she acknowledges and accepts. The Lessee is liable for any damage to the cargo bike that has not been drawn and specified in the layout appended to the contract and that will be present on the cargo bike at the moment of it being returned to the Lessor, regardless of whether or not such damage was caused at the time when the cargo bike was being used by the Lessee or any other person. If any damage is present on the cargo bike at the moment of it being returned to the Lessor, the Lessor will not refund the deposit to the Lessee and will retain it to cover the repair costs; after these costs are paid, the remainder of the deposit will be refunded to the Lessee. If the Lessee returns the cargo bike dirty, he/she is obliged to pay a contractual penalty. Upon failure to return the cargo bike, no matter what the reason is, the Lessee is obliged to compensate the Lessor for the acquisition cost of the cargo bike in full. Upon the cargo bike being returned, the Lessor shall inspect the cargo bike and record and specify in the layout appended to the contract any defects found. The return of the cargo bike and (non)presence of defects shall be confirmed by the Lessor’s signature.
  3. The Lessee is required to comply with the traffic regulations and is liable for any traffic offences he/she may commit. If the Lessee fails to return the cargo bike in a due and timely manner, he/she is obliged to pay a contractual penalty.
  4. In the event of the cargo bike being involved in an accident or being lost or damaged, the Lessee is obliged not to leave the cargo bike, to contact the Lessor immediately by phone, and to cooperate with the police, the insurer, and the other persons concerned to an inevitable extent. Whenever leaving the cargo bike unattended, the Lessee is obliged to lock it. The Lessee is liable for any damage caused to the cargo bike. The damage caused to the cargo bike shall be quantified according to the repair costs.
  5. The Lessee grants the Lessor consent to the processing of personal data to such extent as set forth in the contract for the purpose of performing the contract. He/she grants such consent for the time necessary to fulfil all the obligations under the contract, and is entitled to revoke the same in writing at the Lessor’s registered seat. By signing the contract, he also consents to the obtaining of personal data by copying and/or scanning official documents. The legal relationship hereby established is governed by Slovak laws, especially the Civil Code. Any disputes arising out of or in connection with the contract shall be resolved by the competent Slovak courts.

IV. LEASE OF A BIKE

  1. The Lessor shall lease a bike to the Lessee for the term set forth in the contract. The Lessee shall take over the bike at the Lessor’s premises at Námestie SNP 25 in Bratislava, and hand it over at the same address when the lease ends. The Lessee declares that he/she is fully capable of using the bike without damaging it or causing property damage or bodily harm to any person, including himself/herself. When taking over the bike, the Lessee is obliged to pay the rent and to make a deposit payment to the Lessor. The Lessor has the right to encumber the Lessee’s bank account with a bike guarantee; this means that the Lessee will not be allowed to dispose of such amount for the duration of the lease. By signing the contract, the Lessor confirms the receipt of the rent and the deposit. The Lessee is not entitled to sublease or lend the bike to, or allow it to be used by, any other person. Upon a breach of this obligation, the Lessee shall pay a contractual penalty. Along with the bike, the Lessor shall hand over to the Lessee a safety lock and a helmet which the Lessee is obliged to use and return together with the bike; upon failure to return the safety lock and the helmet, the Lessee is obliged to pay a contractual penalty. The Lessor is entitled to offset the deposit against the payment of penalties or any other claims it may have against the Lessee.
  2. By signing the contract, the Lessee declares that he/she has thoroughly inspected the bike upon its takeover, and at the time of it being taken over the bike has no defects or contains only defects that are drawn and specified in the layout appended to the contract. By signing the contract, the Lessee declares that he/she has been instructed by the Lessor on how to use the bike. The Lessee has been particularly instructed how to prevent any part of his/her clothes from being caught or entangled in the chain of the bike, as well as how to brake safely. The Lessee has been advised that the use of the bike may cause his/her clothes to become dirty, a fact that he/she acknowledges and accepts. The Lessee is liable for any damage to the bike that has not been drawn and specified in the layout appended to the contract and that will be present on the bike at the moment of it being returned to the Lessor, regardless of whether or not such damage was caused at the time when the bike was being used by the Lessee or any other person. If any damage is present on the bike at the moment of it being returned to the Lessor, the Lessor will not refund the deposit to the Lessee and will retain it to cover the repair costs; after these costs are paid, the remainder of the deposit will be refunded to the Lessee. If the Lessee returns the bike dirty, he/she is obliged to pay a contractual penalty. Upon failure to return the bike, no matter what the reason is, the Lessee is obliged to compensate the Lessor for the acquisition cost of the bike in full. Upon the bike being returned, the Lessor shall inspect the bike and record and specify in the layout appended to the contract any defects found. The return of the bike and (non)presence of defects shall be confirmed by the Lessor’s signature.
  3. The Lessee is required to comply with the traffic regulations and is liable for any traffic offences he/she may commit. If the Lessee fails to return the bike in a due and timely manner, he/she is obliged to pay a contractual penalty.
  4. In the event of the bike being involved in an accident or being lost or damaged, the Lessee is obliged not to leave the bike, to contact the Lessor immediately by phone, and to cooperate with the police, the insurer, and the other persons concerned to an inevitable extent. Whenever leaving the bike unattended, the Lessee is obliged to lock it. The Lessee is liable for any damage caused to the bike. The damage caused to the bike shall be quantified according to the repair costs.
  5. The Lessee grants the Lessor consent to the processing of personal data to such extent as set forth in the contract for the purpose of performing the contract. He/she grants such consent for the time necessary to fulfil all the obligations under the contract, and is entitled to revoke the same in writing at the Lessor’s registered seat. By signing the contract, he also consents to the obtaining of personal data by copying and/or scanning official documents. The legal relationship hereby established is governed by Slovak laws, especially the Civil Code. Any disputes arising out of or in connection with the contract shall be resolved by the competent Slovak courts.