Terms of use
TERMS OF USE
Valid from 19.04.2024
These terms and conditions for the provision of the rental service (the “Terms”) govern. 1) customer registration procedures; 2) booking and use of cars and caravans; 3) the conditions applicable to the operation of vehicles; 4) liability rules; and 5) payment terms. Please read the Terms carefully, as by using the services provided by Ideal, the customer confirms that he/she has read, understood and agreed to be legally bound by the Terms.
In accordance with the Terms, Ideal and the customer (defined below) are deemed to have entered into a contractual relationship.
DEFINITIONS
The expressions below have the following meanings in and in relation to the Terms, whereby words used in the singular in the Terms include words used in the plural and vice versa.
1.1. Car is a motor vehicle with at least four wheels, intended for the carriage of passengers or goods, with a manufacturer’s speed exceeding 25 kilometres per hour, which Ideal makes available to the customer for a fee under these conditions. Car rental is subject to the special conditions of Avis Now below.
1.2. Booking is a booking made by the customer in the mobile application to reserve a specific vehicle on dates chosen by the customer. The conditions for modifying and cancelling a reservation depend on the type of vehicle and are set out in the conditions.
1.3. Deposit is the deposit paid by the customer to Ideal for the use of the camper in accordance with the current price list;
1.4. Price list are the fees, fines, damages, other charges and expenses published in the mobile app. The price list forms an integral part of the terms and conditions.
1.5. Ideal is Osaühing Ideal (Estonian Commercial Register Code: 10325140, location: Peterburi tee 47c, Tallinn, Harju county, Estonia).
1.6. Personal data is any data which, directly or indirectly, separately or in combination with other existing data, makes it possible to identify a natural person, such as name, e-mail address, IP address, personal identification number, photograph, description, telephone number, etc.
1.7. Period of availability is the period from the moment the vehicle is put into service (unlocked) until the moment it is returned (locked).
1.8. Client is a natural person who, by using the Services, has agreed to comply with the terms and conditions hereof and to be bound by the contractual obligations towards Ideal.
1.9. Account is the customer’s user account registered in the mobile app. If the Customer is allowed to access the Services from another account (e.g. a Business Account), for the purposes of the Terms, that account is deemed to be the Customer’s account and the Customer does not need to create a separate account.
1.10. Account balance is a wallet that exists virtually on the Customer’s account in the Mobile App, to which refunds are made by Ideal on the basis and in the cases set out in these Terms and Conditions, and in which the Customer can use the funds to consume Avis Now services. The account balance is shown as a minus sign if the customer is in arrears for using a service.
1.11. Fuel card is available in every car (except motorhomes), which can be used to pay for fuel at the petrol/service stations mentioned by Ideal.
1.12. Caravan is a special type of car, i.e. a motor caravan, equipped with the essentials for temporary travel. Caravan hire is subject to the Avis Campers special conditions below.
1.13. Mobile app is the MyAvis application software for smartphones, tablets and/or other mobile devices, which can be used to book, unlock, lock and/or perform other software-enabled operations.
1.14. Parking area are the parking and/or loading points from which the customer picks up the vehicle and/or to which the vehicle is to be returned.
1.15. Pool is Ideal or a customer.
1.6. Privacy policy is the Ideal Vehicles Privacy Policy, which contains information on the processing of personal data of the customer (including the customer’s rights as a data subject) and is available both on the Mobile App and on the website www.myavis.ee/et/privaatsustingimused.
1.17. Vehicles is the common name for motorhomes and cars within the meaning of these conditions.
1.18. Vehicle system is an electronic system installed in the vehicle which records the location of the vehicle, the distance travelled by the vehicle, the time of use of the vehicle, the use of the fuel card and other data relating to the vehicle and its use, and transmits them to Ideal.
1.19 Services are all services provided by Ideal to its customers, including vehicle rental (provision), maintenance (overhaul and current repairs, technical support), civil liability insurance, as well as the provision of materials and fuel for the normal and customary use and operation of the vehicle.
1.20. Terms and conditions are all the terms and conditions set out or referred to in this document which govern the provision of the Services.
2. GENERAL CONDITIONS
2.1. These terms and conditions apply between Ideal and the customer from the moment the customer registers as a user of the services and gains access to the mobile application and services for an unlimited period.
2.2. Ideal reserves the right to amend, supplement or replace the Terms and Conditions and the Price List at its sole discretion by giving prior notice by email and/or via the Mobile Application. The customer is therefore obliged to check the e-mail and/or mobile application regularly to consult the most up-to-date version of the terms and conditions and the price list. If the customer continues to use the services after having been informed of the changes in the above manner, the customer agrees to abide by the amended terms and conditions and price list. Notwithstanding the foregoing provisions, the amended terms and conditions and tariff shall enter into force five days after the aforementioned notification, irrespective of the use of the services.
2.3. The Terms and Conditions constitute the entire agreement between Ideal and the Customer on the subject matter set out herein and shall supersede and replace any and all prior agreements and understandings between Ideal and the Customer on such subject matter, unless otherwise agreed in writing by Ideal and the Customer. If the customer has a business account agreement, these terms and conditions shall apply to the extent that there is no conflict with the terms and conditions of the business account agreement.
2.4. Ideal provides all services on an “as is” basis, as and when available. Ideal does not guarantee that any service or vehicle will be available at any time or that they will be in good condition or free from defects.
2.5. Ideal reserves the right to suspend the provision of services to the customer, cancel the customer’s trips or reservations, and block access to the customer’s account or electronic system if the customer fails to comply with the terms and conditions herein. Ideal shall also have the right to require the customer to remedy the breach within an additional period, which shall in no case exceed one hour. If the customer fails to remedy the breach of the terms and conditions within the time limit set, the period of use of the vehicle will be deemed to expire after the expiry of the time limit and the customer will lose the right to continue using the vehicle. The customer must then return the vehicle to the parking area immediately. If the customer fails to do so, Ideal has the right to suspend the provision of services by blocking the ability to start, unlock or operate the vehicle. In this case, Ideal employees also have the right to remove the vehicle without the customer’s participation or without informing the customer.
3. ACCOUNT REGISTRATION AND USER REQUIREMENTS
3.1. A customer may use the services if:
3.1.1. he/she is at least 21 years old, or at least 28 years old in the case of a motorhome, and has the legal right to drive a car in accordance with Estonian law;
3.1.2. has an account or has been granted access to an account in accordance with these terms and conditions;
3.1.3. their account is linked to a valid credit or debit card or other payment method supported by the mobile app;
3.1.4. have a valid driving licence in the service area where the customer is using the services;
3.1.5. the client is physically fit and has the necessary skills and expertise to operate, drive and use the vehicles in a safe and competent manner.
3.2. When registering an account, the customer is obliged to:
3.2.1. read the terms and conditions, price list and privacy policy when completing the registration. By completing the registration, the customer confirms that all the information provided to Ideal is clear and understandable and that he/she agrees to comply with the terms and conditions;
3.2.2. enter their email address and phone number, which will allow the customer to log in to the account from the mobile app. The customer is solely responsible for protecting the account and the user data of the mobile application and for ensuring the confidentiality and security of their login data;
3.2.3. link your account to your mobile phone number and a valid credit or debit card or other payment method supported by the mobile app. In doing so, the customer authorises Ideal to use the payment method of the customer’s choice to pay all fees and charges due from the customer in accordance with these Terms. These fees and charges may be subject to taxes, which are also calculated and collected by Ideal;
3.2.4. present a valid document proving the right to use the car and confirm its validity, following the procedures set out in the mobile application;
3.2.5. use only your real name, enter accurate personal and payment card details and keep this information up to date.
3.3. If the customer does not enter the correct data in accordance with section 3.2, the registration process will be considered invalid and therefore incomplete.
3.4. The customer is responsible for accessing, controlling and securing the account. Ideal is entitled to assume that anyone using the customer’s username and telephone number has the customer’s permission to do so, and if the customer’s account is used by unauthorized persons, the customer is responsible for and assumes the risk of such use until it has notified Ideal. The customer is obliged to inform Ideal if his/her login details have fallen into the hands of unauthorised persons or if his/her account is compromised by a third party or if a third party is able to use the account. Upon receipt of such information, Ideal will block the customer’s account immediately, but no later than after eight business hours.
3.5. If the customer has notified Ideal in accordance with clause 3.4, Ideal shall bear any loss or damage incurred after the notification, unless the loss or damage was caused intentionally by the customer. In case of unauthorized use of the customer’s account by unauthorized persons, the customer shall be responsible for such use and shall bear the associated risk as long as the customer has informed the Company in accordance with clause 3.4. above.
3.6. The customer has no right to:
3.6.1. assign, trade or rent out your account;
3.6.2. create fake, illegal and/or bogus accounts.
3.7. The Customer shall ensure that all reasonable and up-to-date security measures (including, but not limited to, firewalls, anti-virus and anti-malware software) are activated when using any computer hardware, software or other device to register and/or log in to a mobile application or electronic system, and the Customer shall therefore be responsible for any consequences resulting from inadequate protection of the Customer’s computer, smartphone, tablet or other device.
4. TERMS OF USE
4.1. General terms and conditions
4.1.1. When using the Services, the customer is obliged to:
4.1.1.1. comply with the vehicle operation requirements laid down by the vehicle manufacturer and in the vehicle manuals/manuals;
4.1.1.2. . comply with the Ideal’s instructions and recommendations set out in the conditions;
4.1.1.3. comply with the laws and other applicable rules on driving;
4.1.1.4. not to use the vehicle for racing or any other sporting purpose, not to use the vehicle as a training vehicle, not to use the vehicle to tow other vehicles, not to use the vehicle for any purpose for which it is not adapted or intended, or for any activity prohibited by applicable law;
4.1.1.5.not to sub-let the Vehicle, not to transfer any rights or obligations under the Terms and Conditions in relation to the Vehicle, not to transfer the Vehicle to a third party and not to allow a third party to use the Vehicle unless otherwise agreed in writing by the parties;
4.1.1.6. drive and operate a vehicle safely, starting at a moderate speed, taking into account their previous experience, skills and weather conditions;
4.1.1.7. be completely sober and not under the influence of psychoactive substances. Ideal has the right to install an alcohol lock on vehicles to prevent the use of the vehicles if the driver’s breath contains alcohol;
4.1.1.8. not to drive or operate a vehicle if the client is ill, tired or if driving could endanger general road safety;
4.1.1.9. comply with any other requirements stated on the customer’s licence (e.g. only drive a vehicle of the category the customer is authorised to drive);
4.1.1.10. acknowledge that the vehicles remain the property of Ideal at all times and that the customer may not modify, repair, dismantle, disassemble, break or otherwise alter the vehicle or its equipment;
4.1.1.11. take full responsibility for the maintenance of the vehicle during its period of use and return the vehicle in the same condition as when it was hired from the car park, taking into account natural wear and tear.
4.1.2. If the customer stops using the vehicle for a short period of time with the intention of resuming its use shortly afterwards, and has not completed his journey by locking the vehicle, the customer must take all necessary and available measures to ensure the safety of the vehicle and possible misuse by third parties.
4.1.3. The customer is obliged to immediately inform Ideal and the relevant authorities (e.g. the police) if the vehicle is destroyed, damaged, broken or otherwise becomes unfit for further use, as well as to inform them of any circumstances that prevent the operation and use of the vehicle.
4.1.4. When the customer creates an account and starts to use the services, the customer is deemed to have provided a confirmation that he/she has sufficient knowledge and skills to use and operate the vehicle and that his/her physical condition is at a level that is appropriate for the operation of the vehicle.
4.1.5. The Customer is entitled to use the Vehicles only in Estonia, unless otherwise provided in the Terms and Conditions. In any case, the customer may use the vehicle outside the territory of Estonia only with the prior written consent of Ideal.
4.2. Using the mobile app
4.2.1. Start of the period
4.2.1.1. Before you can start your journey, you must book your vehicle in the mobile app via the online system. In order to book a vehicle, the customer must log in to the mobile app using the unique SMS code sent to their phone number. In the mobile app, you need to select the appropriate rental point (the start and end of the journey must coincide) and the period of time you want to use the vehicle, i.e. dates and times, in the calendar system. The available vehicles and the price for the selected period of use are then displayed. The booking is confirmed by the client by paying an advance. The confirmation of the booking will be reflected in the mobile app and the customer will receive an invoice for the booking.
4.2.1.2. To unlock the vehicle, the customer must select the appropriate command and follow the instructions shown in the mobile app.
4.2.1.3. After unlocking the vehicle and before starting the journey, the customer must inspect the vehicle both inside and outside (where appropriate) to ensure that there is no clearly visible damage. In the event of any defects found, the customer is obliged to inform Ideal immediately by calling +372 605 1144 or by sending an e-mail to info@avisnow.eu. If the customer fails to follow the above instructions, the total undisclosed loss will be deemed to have occurred during the customer’s period of use.
4.2.2. End of the operating period
4.2.2.1. After the end of the journey, the customer must return the vehicle to the same parking place from which it was picked up, which means that the parking place from which the vehicle was picked up at the beginning of the journey must not be different from the parking place to which the vehicle is returned.
4.2.2.2. Before returning the vehicle, the customer will, if applicable, put the vehicle key back in the same place where it was collected, check that no personal items have been left in the vehicle, remove any rubbish and ensure that all documents and accessories (if applicable) are in the same place as before the rental started.
4.2.2.3. When returning the vehicle to the parking space, the vehicle must be locked according to the instructions provided in the mobile app. To lock the vehicle, the customer must select the appropriate command in the mobile app and follow the instructions shown there.
4.2.2.4. The customer is obliged to return the vehicle in a condition that is no worse than the condition in which it was received, taking into account natural wear and tear.
4.3 Special conditions for car reservations (Avis Now) – only applicable to car reservations.
4.3.1. The customer can start using the car at a time of their choosing throughout the period of use, provided that the car can be unlocked 10 minutes before the start of the reservation. If the customer does not start using the car within the booked period, the advance payment of the booking is not refundable by Ideal.
4.3.2. To start the journey, the customer must start the car using the ignition key kept inside the vehicle. When the ignition key is not needed, the car can be started by pressing the start button next to the steering wheel and holding down the brake pedal.
4.3.3. In order to return the car, the customer must select “Cancel booking” in the mobile app. Before leaving the car, the customer must ensure that the car is properly locked and that the ignition key is left in the car.
4.3.4. The minimum period of use of the car is 30 minutes and the maximum period of use is 30 days, unless the parties have agreed otherwise in writing. The customer has the right to change the period of use as stated in the terms and conditions.
4.3.5. If the customer wishes to extend the period of use of the car by more than 15 minutes, the customer must start the process of extending the period of use in the mobile application at least 15 minutes before the end of the period of use, following the instructions provided in the application. The extension of the period of use will be subject to availability, taking into account any other reservations made for the car, and will take effect after the advance payment of the time added to the initial reservation. The kilometreage will be invoiced at the end of the period of use. If the booking is renewed, the calculation of the rental fee for the new period of use starts again. For example: if the initial booking is for 6 hours (which is equal to the daily rate according to the price list), but the use of the car is extended by 1.5 hours, i.e. the car is used for 7.5 hours, the rental fee is the daily rate + 1.5 hours. An additional invoice will be sent to the customer for the extension of the usage period.
4.3.6. Cancellation of a car reservation is done as follows:
4.3.6.1. cancellation 24 hours or more before the start of the period of use will result in 100% of the cost of the booking being refunded to the customer as a credit to the customer’s account balance, which can be used by the customer for future bookings;
4.3.6.2. cancellation less than 24 hours before the start of the period of use, if the total length of the reservation is 24 hours or more, will result in a refund of the prepayment amount of the reservation, less the cancellation fee set out in the applicable price list. The refund will be credited to the customer’s account balance, which can be used by the customer to make subsequent bookings;
4.3.6.3. cancellation less than 24 hours before the start of the period of use, if the total length of the booking is less than 24 hours, is non-refundable.
4.3.7. If the customer has not extended the period of use and does not return the car within the maximum period of use, Ideal has the right to report the theft to the police and block the possibility to start the car, and the customer is also obliged to pay a contractual penalty for exceeding the period of use, according to the current price list.
4.3.8. Ideal reserves the right to replace a car with another car of the same category and parameters at any time during the period of use, by giving one day’s notice to the customer, if this is necessary for routine maintenance and repair of the car, to rectify possible defects or to carry out other necessary operations. In such a case, the customer must allow Ideal to exchange the car on a date and time agreed by the parties at a location agreed by the parties and accept another car in accordance with the terms.
4.3.9. Each car has a fuel card, which is the property of Ideal. The fuel cards are strictly for the purpose of refuelling the car and the customer is not allowed to refuel the car at any service station other than the one that issued the fuel card. If the car’s fuel quantity decreases so that ¼ of the fuel is left in the tank, the customer must use the fuel card and fill the tank at the nearest service station. The PIN code of your fuel card can be found in the mobile app. The customer does not pay for the fuel, as it is already included in the service charge. The fuel card is only used for refuelling your car and refuelling other tanks and/or cars with the fuel card is strictly prohibited. If the customer violates this prohibition, Ideal will notify the police of the unlawful use of the property and the customer will pay the contractual penalty stated in the price list and compensate Ideal for any damages not covered by the contractual penalty.
4.3.10. The customer must keep the fuel card safely in the car and leave it in the car when returning the car. If the customer loses the fuel card, he/she must immediately notify Ideal and compensate Ideal for any loss or damage that may occur due to the loss of the fuel card.
4.3.11. If the customer parks the car in a private or public car park during the period of use for which a fee is charged, the customer is obliged to pay for the parking services.
4.3.12. Any activity intended to read, copy, modify, add to or delete data from the vehicle system, or any attempt to do so, is strictly prohibited.
4.3.13. The customer must use the car in a prudent manner and not damage it. Smoking in the car is strictly prohibited for the customer and any person the customer allows to enter the car.
4.3.14. If the customer uses the car to transport the animal, the customer acknowledges that the animal must be transported in the car only in a transport cage adapted for this purpose.
4.4 Special conditions for booking campervans (Avis Campers) – only applicable to campervan bookings.
4.4.1. The customer may book a caravan for a minimum of 3 calendar days and a maximum of 30 days per booking, including 1 in high season. from 15 June until 15. The minimum booking period is 5 calendar days until 30 September.
4.4.2. The start date, time, address of the place of collection, as well as the return date, time, etc. of the period of use are fixed in the mobile application.
4.4.3. Booking and managing your carpool reservation is done exclusively through the mobile app. The booking is confirmed by 100% prepayment and payment of the deposit by the client. In the event of non-payment of the deposit on time, Ideal is not obliged to confirm the customer’s booking.
4.4.4. No later than 24 hours after the booking has been made and the deposit has been paid, Ideal will send an invoice for the deposit to the customer’s e-mail address, in accordance with the current price list. Paying the deposit on time will allow access to the caravan (unlocking the doors) via the mobile app at the beginning of the period of use. If the deposit has not been paid by the start of the period of use, the customer has no right to claim a refund of the advance payment or access to the vehicle.
4.4.5. The following conditions apply to the cancellation of your caravan reservation:
4.4.5.1. cancellation 30 days or more prior to the start of the period of use will result in a refund of 25% of the booking price plus deposit (if paid at that time);
4.4.5.2. cancellation 14 days prior to the start of the period of use will result in a refund of 50% of the booking price and the deposit (if paid at that time);
4.4.5.3. cancellation less than 14 days before the start of the period of use is non-refundable. If the customer has paid the deposit at the time of cancellation, the deposit will be returned to the customer.
4.4.6. In the event of cancellation of a reservation, any refund will be made by Ideal to the same means of payment used to make the reservation. Ideal does not have the possibility to make refunds to another payment instrument.
4.4.7. The Client may use the motorhome also outside the Republic of Estonia, but the Client is prohibited from leaving the borders of the European Union (except Norway, Switzerland, Liechtenstein, Andorra) without the prior written consent of Ideal. If the customer wishes to use the motorhome outside the European Union, he/she must give prior written consent to Ideal at least 14 days before the start of the period of use.
4.4.8. At the end of the period of use, the camper will be returned via the mobile app. When the caravan is returned, it will be checked for compliance by Ideal partners within 48 hours of return. Ideal ensures that third parties do not have access to the caravan during the intermediate period.
4.4.9. The Customer undertakes to use the camper van in good condition and to return it in the same condition as at the beginning of the period of use, taking into account normal wear and tear. The interior of the caravan must be thoroughly cleaned and the waste tank and toilet cassette emptied. There is no obligation for the customer to carry out exterior cleaning of the caravan.
4.4.10. The requirements set out in clauses 4.3.12 to 4.3.15 of the Conditions also apply to the use of the Caravan.
4.4.11. At the beginning of the period of use, the camper will be handed over to the customer in good technical condition, cleaned and with a full tank. If the camper is not returned with a full tank, the customer is obliged to pay for each missing litre of fuel on the basis of the Circle K price list in force at the time, plus the refuelling fee set out in the current price list of Ideal. Ideal reserves the right to withhold the corresponding amounts from the deposit paid by the customer.
4.4.12. The customer undertakes to ensure that only the correct fuel is put into the caravan. The customer is liable to indemnify Ideal for any damage caused by the incorrectly handled fuel.
4.4.13. If Ideal identifies any defects in the camper which were not present at the beginning of the period of use and which cannot be considered as normal wear and tear of the vehicle, including but not limited to an unsatisfactory state of cleanliness, the customer undertakes to reimburse Ideal for the damages and/or expenses incurred on the basis of the applicable price list.
4.4.14. The period of use of the caravan can only be extended if there are available caravans, and the extension will be subject to a surcharge in accordance with the current price list. If the camper is returned more than 1 hour after the end of the period of use, Ideal has the right to charge the customer an additional fee of the amount of one day of rental.
4.4.15. Without the prior written consent of Ideal, the customer is not allowed to carry (pet) animals in the camper. When transporting (pet) animals in a motorhome, the customer is fully responsible for the animal and any damage caused by it.
5. FEES AND PAYMENTS
5.1. The Customer shall pay Ideal all fees and charges for the use of the Services in accordance with the Terms and the price list in force at the time of the use of the Services, which are also displayed in the Mobile Application. To start using the vehicle in the mobile app, you must click on the “Start booking” button and to end the booking, click on the “End booking” button. Fees and other charges for services may be subject to taxes and other local charges, which are calculated and collected by Ideal.
5.2. The fee is calculated on the basis of the actual time spent and kilometres travelled, or on the basis of the selected subscription as defined in the price list. In the case of a campervan, there is no separate kilometreage calculation and the kilometres travelled by the client are already included in the advance payment for the campervan.
5.3. The customer will be invoiced twice for the use of the car: an invoice for the advance payment when the booking is confirmed and a final invoice at the end of the journey, which will include the number of kilometres driven and, if the booked period of use is exceeded by 30 minutes, a daily fee will be added to the rental price..
5.4. If there is free credit on the customer’s account balance, Ideal will first use the free credit to cover the cost of the services and, if necessary, debit the remaining balance using the payment method linked to the customer’s account. The customer may accumulate and use credits within the framework of promotions conducted by Ideal, according to the principles set out in the terms and conditions.
5.5. Ideal may issue promotional vouchers or codes subject to the specific terms and conditions of a particular promotional offer. Ideal reserves the right to modify or cancel the promotional offer at any time at its sole discretion.
5.6. The Customer shall be liable for any fines, contractual penalties, fees and/or other costs imposed by Ideal as a result of the Customer’s use of the Services (including, but not limited to, parking fines, off-street parking fines, improper use of fuel cards, etc.) or violation of laws, rules, regulations or ordinances.
5.7. All amounts payable to Ideal will be automatically deducted using the payment method that the customer has linked to the account. If this method of payment is not available, Ideal may take any other necessary recovery measures. The Customer agrees to reimburse Ideal for all costs incurred by Ideal in collecting such payments, including Ideal’s reasonable legal fees.
5.8. The customer is allowed to link several payment methods to the account and choose the card to be used for current services. The payment method linked to the account must allow automatic debiting of the card. Ideal automatically debits the service fee from the customer’s payment card upon confirmation of the vehicle reservation.
5.9. If the payment method linked to the customer’s account does not allow for the debiting of funds and/or the funds are insufficient, the use of the services will not be possible until the outstanding amount is paid in accordance with the terms and conditions and the price list.
5.10. If the payment method chosen by the customer does not allow for automatic debiting of the amount due for the services and the customer does not pay for the services used by the last day of the usage period, Ideal will issue a VAT invoice for the services provided and send it to the customer by e-mail. Upon receipt of such an invoice, the customer is obliged to check the accuracy of the invoice and to notify Ideal within two days of any discrepancy found. If the customer fails to complain about the non-conformity within the above deadline, he/she will be deemed to have accepted the bill.
5.11. If the customer does not receive the VAT invoice by e-mail by the last day of the period of use and the customer cannot find the invoice in the e-mail address associated with his account, the customer is obliged to inform Ideal and request that the invoice be sent. The absence of an invoice does not relieve the customer of the obligation to pay.
5.12. If the customer is liable to pay a fine, contractual penalty or costs due to a breach of its obligations under the Terms, Ideal has the right to debit the relevant amount using the customer’s payment method immediately upon discovery of the breach, proper documentation and prior notice to the customer.
5.13. If the customer disputes any transaction for which a fee has been charged using the payment method of the customer’s choice, the customer must contact Ideal within seven days.
5.14. The Customer is obliged to notify Ideal immediately of any changes (including, but not limited to, loss, theft or expiry of the payment card) related to the payment method selected by the Customer in the Mobile Application that may result in Ideal not being able to deduct the fee set out in the Terms and Conditions from the Customer’s account.
5.15. If the customer fails to make payments on time, Ideal has the right to authorise the collection agency to collect the payments or to assign its claim to the collection agency to recover the customer’s debt. Ideal may transfer customer personal data to public authorities and/or bailiffs for the purposes of requesting and collecting payment of taxes and fines.
5.16. The Customer shall pay to Ideal default interest at the rate of 0.05% of the outstanding amount for each day overdue.
5.17. Ideal reserves the right to unilaterally change the fees at any time.
5.18. In the event that Ideal is required by the Terms to reimburse the Customer for any loss and/or Ideal erroneously debits the Customer’s account using the payment method of the Customer’s choice, Ideal will promptly refund the relevant amount using the payment method of the Customer’s choice.
6. LIABILITY AND LIMITATION OF LIABILITY
6.1. The Customer acknowledges and agrees that it will use the Services during the period of use at its own risk. Ideal shall not be liable for any consequences, claims, actions, damages, liabilities, fees, costs, expenses, damages, liquidated damages, legal fees, or other expenses, whether or not foreseeable, arising out of or in connection with the use of the Services to you or any third party.
6.2. Notwithstanding clause 6.1, the Customer shall not be liable if:
6.2.1. the breaches were committed or the damage was caused by Ideal and/or third parties;
6.2.2. the customer’s liability is limited or excluded by law;
6.2.3. breakdowns occur during the operation of the vehicle and are caused by previous use, operation or natural wear and tear of the vehicle. This is only valid if the customer informs Ideal immediately by telephone and follows all instructions given by Ideal.
6.3. The Client is solely responsible for any damage to his/her personal belongings (i.e. clothes, bags, items in a vehicle, etc.) or items used in the course of using the Services, unless the damage is caused by the gross negligence or wilful misconduct of Ideal.
6.4. In the event of the loss of the vehicle, the customer is obliged to pay Ideal the fine indicated in the price list and to compensate Ideal for any damage not covered by the fine. After that, the customer cannot take ownership of the vehicle.
6.5. The fines set out in the Terms and/or the Price List shall be deemed to be the minimum indisputable damage suffered by Ideal, including any damage to Ideal’s goodwill, trademark, brand image, corporate and social integrity and reputation caused by the customer’s wrongful conduct. Payment of the Customer’s fine does not relieve the Customer from the obligation to indemnify Ideal for all other damages not covered by the fine.
6.6. If during the period of use the customer breaches the obligations arising from the terms and conditions or damages or otherwise infringes Ideal’s property and/or ownership rights in relation to the vehicle or destroys or loses the vehicle, the customer shall pay Ideal the following fines specified in the price list:
6.6.1. a fine for damaging the vehicle’s tyres if they cannot be repaired;
6.6.2. a fine for smoking in a vehicle;
6.6.3. a fine for illegal use of the fuel card;
6.6.4. a fine for dangerous or reckless driving;
6.6.5. a fine for driving under the influence of alcohol, drugs and/or other psychoactive substances;
6.6.6. a fine for allowing unauthorised persons to log in/use the account;
6.6.7. a fine for allowing other persons to use the vehicle hired by the customer, unless otherwise agreed by the parties;
6.6.8. a fine for the removal and/or replacement of any part of the vehicle, including, but not limited to, tyres, wheels, mirrors, mirrors, safety equipment, fire extinguisher, first aid kit;
6.6.9. a fine for other infringements mentioned in the price list.
6.7. If during the period of use the customer causes an accident, the vehicle is stolen or vandalised, he/she is liable to pay Ideal the contractual penalty indicated in the price list. Ideal has the right to debit the contractual penalty automatically using the payment method linked to the customer’s account. Ideal has the right to debit the contractual penalty after the accident, theft or vandalism has been discovered and/or reported by the customer, has been duly documented and Ideal has notified the customer in advance. If, after a further assessment, it turns out that the actual loss Ideal suffered as a result of the above incident is less than the amount debited, Ideal will reimburse the difference within 14 calendar days of the actual loss being determined, using the same payment method used to debit the contractual penalty.
6.8. Vehicle insurance does not cover damage to: the interior of the vehicle, steering systems, damage to the undercarriage or engine compartment, tyres, driving on flat tyres, damage caused by snow or ice (e.g. snow or ice falling from the roof of a building) or damage caused when driving on roads other than those designated for vehicles. The customer bears full material liability for the aforementioned damages.
6.9. To the extent not covered by the fines, penalties and other costs set out in the Terms and Conditions and the Price List, the Customer shall indemnify Ideal for any loss or damage suffered by Ideal through the Customer’s fault in excess of the foregoing amounts, including but not limited to loss or damage arising from:
6.9.1. submitting false information and/or misrepresentation when registering and creating an account in the mobile application;
6.9.2. failure to keep the payment method associated with the application up to date and valid and/or lack of sufficient available funds in the account associated with the payment method to pay for the services;
6.9.3. failure to comply with the conditions;
6.9.4. use of the vehicle in a way for which it is not designed or intended;
6.9.5. authorising an unauthorised person to use a vehicle;
6.9.6. no right to drive or no right to drive at all (e.g. no driving licence, etc.);
6.9.7. driving under the influence of alcohol, drugs and/or other psychoactive substances;
6.9.8. failure to comply with requests from the police or other competent authorities;
6.9.9. failing to report a possible road accident to the police and/or other competent authorities;
6.9.10. fines, contractual penalties or other costs or sanctions imposed on Ideal as a result of the customer’s conduct;
6.9.11. use of a vehicle for criminal activities;
6.9.12. damage to the vehicle during loading or unloading of any goods onto or from the vehicle;
6.9.13. defacing, smearing, scratching or otherwise damaging the interior or exterior of the vehicle, including by pets or other passengers the customer has allowed in the vehicle;
6.9.14. loss of vehicle;
6.9.15. breaches of existing legislation.
6.10. The customer shall use the vehicle in a prudent manner and shall avoid soiling the interior of the vehicle beyond the normal wear and tear. If the interior of the vehicle is more dirty than usual after use, the customer is liable to pay the cleaning fee indicated in the price list and, if no such fee is indicated, the costs of washing and cleaning the vehicle. The same applies to the appearance of the vehicle if it is more dirty than usual during the period of use.
6.11. In the event that the Customer violates the applicable traffic regulations and/or other applicable laws during the Period of Use, Ideal shall be entitled to charge the Customer an administrative fee based on the Price List, in addition to any fine or fee imposed by the relevant authorities and payable by the Customer. The administrative fee will be used to reimburse Ideal for the costs associated with the infringement and its handling.
6.12. If the customer has damaged Ideal’s insured property and the customer is liable for the damage, the insurer who has insured the vehicle and indemnified Ideal for the damage will be entitled to recover from the customer the full amount paid to Ideal.
6.13. If Ideal becomes aware of a situation where a customer has caused damage to Ideal, or if the circumstances indicate that the customer is likely to do so, Ideal has the right to immediately and indefinitely suspend the provision of services to the customer, block the customer’s access to his/her account and withdraw the vehicle without notice.
6.14. Ideal shall be responsible for the performance of its obligations under these Terms and shall be liable to compensate the Customer for any direct loss or damage resulting from Ideal’s failure to perform its obligations.
6.15. The Customer understands that the use of the features of the Mobile App may be limited due to occasional technical errors and that Ideal cannot guarantee that the Mobile App will function without error at all times. In the event of any deficiencies in the mobile application, Ideal is obliged to remedy them as soon as possible. Ideal will not be liable for any loss or damage suffered by a customer due to malfunctioning of the mobile application or the inability to use it as intended.
6.16. To the extent that limitation of liability is permitted by applicable law, Ideal shall not be liable for:
6.16.1. possible damage suffered by the customer as a result of a delay in using the services;
6.16.2. harm to the health or life of the customer while using the services;
6.16.3. damage caused by the customer to third parties during the use of the services;
6.16.4. damage caused to the customer or to third parties by the previous user of the vehicle, e.g. the previous user has changed/modified the driving characteristics of the vehicle without Ideal’s permission, by changing tyres, filling up with the wrong fuel, etc;
6.16.5. indirect damage;
6.16.6. in any event, damages for which Ideal is liable and which exceed the price of the services not provided or incorrectly provided.
6.17. In any event, for any claim arising out of the Terms (including claims arising out of non-contractual obligations or otherwise), Ideal’s aggregate liability shall be limited to the lesser of EUR 500 or the amount of fees paid by the customer to Ideal for the period of use during which the accident, incident or event giving rise to the claim occurred.
6.18. If the vehicle is not in the designated parking area or does not comply with the terms and conditions, the customer shall inform Ideal by phone +372 605 1144 or by e-mail info@avisnow.eu.
6.19. Neither the Customer nor Ideal shall be liable for any loss or damage or non-performance of obligations caused by Force Majeure. In these circumstances, force majeure includes circumstances beyond the reasonable control of the defaulting party, such as earthquake, fire, flood, war, terrorism, pandemic, civil disturbance, labour or military conflict, sabotage, strikes or industrial action, epidemic, riot, failure or interruption of utility or communications services, large-scale cyber attack, governmental, law enforcement or regulatory authority. However, force majeure is neither an obstacle nor an excuse for meeting financial obligations.
7. PROCESSING OF PERSONAL DATA
7.1. Ideal processes customers’ personal data in accordance with the Privacy Policy.
8. APPLICABLE LAW
8.1. The Terms shall be governed by and construed in accordance with the laws of Estonia without regard to its conflict of law rules.
8.2. Ideal and the customer will endeavour to resolve any dispute arising out of the Terms through good faith negotiation. If the client and Ideal cannot reach an agreement, disputes are settled in Harju County Court.
8.3. Ideal’s failure to enforce a right or provision in the Terms does not constitute a waiver of such rights.
8.4. If any provision of the Terms and Conditions is found to be invalid or unenforceable by order of the court, the remaining provisions of the Terms and Conditions will remain in force.
9. OTHER CITIES
9.1. The parties are obliged to notify each other within five calendar days of any changes to their details, e.g. first name/first name, address, payment details, etc.
9.2. Ideal shall be entitled to unilaterally assign all rights and obligations under the Terms to a third party related to Ideal by notifying the customer in writing.
9.3. If the customer is unable to use the services properly, he/she is obliged to inform Ideal by phone or e-mail.
9.4. If you have any questions about the terms and conditions, you should contact Ideal by sending an email to info@avisnow.eu.
