Public offer

PUBLIC OFFER

 

 

 

Moscow “____” ___________ 20___

 

IE Stepanenko Evgeniy Sergeevich, hereinafter referred to as the “Contractor”, invites any legally and legally capable individual or legal entity, hereinafter referred to as the “Client”, and together referred to as the “Parties”, to conclude a motorcycle rental agreement, information about which is posted on the rentalbikes website. ru and on the page https://rentalbikes.ru/publichnaya-oferta/. In accordance with article 437 of the Civil Code of the Russian Federation, this document is a public offer, and if the conditions set out below are accepted, an individual or legal entity that accepts this offer pays for the rental of a motorcycle in accordance with the terms of this Agreement.

 

TERMS AND DEFINITIONS
1.1. For the purposes of this Agreement, the Parties use these terms in the following meaning:

“Public Offer” (hereinafter referred to as the Offer) – this document posted on the Site with a domain name on the page https://rentalbikes.ru/ and also sent for information purposes via e-mail, or provided to the Client for information purposes in any other way.

“Offer Acceptance” ─ in accordance with Art. 438 of the Civil Code of the Russian Federation full and unconditional acceptance of the terms of this document.

“Contractor” ─ Client.

“Client” – any capable natural (legal) person, individual entrepreneur who accepted this Offer

“Site” is a collection of information, texts, graphic elements, design, images, photo and video materials and other results of intellectual activity, as well as computer programs contained in the information system that ensures the availability of such information on the Internet at the network address: https://rentalbikes.ru/.

“Product” – a list of assortment names presented on the official website.

“Product characteristics” – a property of a specific product range presented on the official website, such as brand, release date, capacity, state registration number, frame number, color.

“Order” – individual items from the assortment list of the Goods specified by the Client when placing an order on the website or through the Operator.

“Personal data” – information related to the Client, including the information specified by him when placing the Order.

“Processing of personal data” ─ actions (operations) performed in manual or automatic mode with personal data, including collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer), depersonalization, blocking and destruction of personal data.

 

SUBJECT OF THE CONTRACT

2.1. Under this agreement, the Contractor, hereinafter the Lessor, undertakes to provide the Client, hereinafter referred to as the Lessee, a vehicle (hereinafter referred to as the “Vehicle”) owned by the Lessor on the right of ownership, for a fee, for temporary use (for short-term lease for consumer purposes – rental) without provision of services by the Lessor for driving the vehicle and its technical operation during the lease term, and the Lessee undertakes to accept it and pay the rent to the Lessor.

2.2. According to the reservation made on the Lessor’s website, the Vehicle is leased to the Lessee: a motorcycle with accessories, in accordance with the signed Acceptance Certificate.

 

PROCEDURE FOR CONCLUDING AGREEMENT

3.1. In accordance with clause 3 of Article 438 of the Civil Code of the Russian Federation, payment for the lease (rental) of the vehicle is an acceptance of the offer, which is considered equivalent to the conclusion of the Agreement on the terms set forth in the offer. At the same time, the conclusion of the Agreement in simple written form is not obligatory.

3.2. By accepting this Offer, the Client guarantees that he is fully familiar with the conditions, procedure for the provision and payment of the vehicle rental, and also recognizes the unconditional suitability of the payment system proposed by the Contractor to pay for the vehicle rental.

3.3. The Client agrees that the introduction of amendments and additions to this Agreement entails the introduction of amendments and additions to the Agreement already concluded and in force between the Contractor and the Client, and they enter into force within ______ days from the date of publication of the changes on the Site.

 

ORDERING

4.1. To rent a vehicle, the Client must place an Order in the form posted on the Site, or contact the operator by phone indicated on the Site.

4.2. To place an Order, the Client must provide the following information:

– passport data of a citizen of the Russian Federation,

– series and number, date of issue and name of the authority that issued the driver’s license to the Client for the right to drive a vehicle of category “A”,

– phone number by which you can communicate with him,

– e-mail address to which you can send a receipt for payment of the vehicle rental.

4.3. All fields of the Order form are required to be filled in by the Client. The Contractor does not verify the accuracy and relevance of the data provided by the Client. The client does not have the right to indicate the data of third parties when placing an order.

4.4. The order is considered complete after sending the Order form and paying for the rental of the vehicle selected by the Client on the basis of the receipt for payment received by the Client.

4.5. The Contractor has the right to cancel the Customer’s Order for which the data listed in clause 4.2 are not indicated. actual agreement.

 

CONTRACT PRICE AND PAYMENT PROCEDURE

5.1. The amount of the rent for a full 1 (one) day of rental (rental) of the vehicle depends on the selected motorcycle model. All prices are listed on the website.

5.2. The days of renting a vehicle are counted from the period from 12-00 o’clock on the current day of receiving the vehicle for lease until 12-00 o’clock the next day.

5.3. Payment for rent is made by the Lessee in the amount of 100% of the advance payment. Payment is made by bank transfer to a bank account, or in cash by transferring funds.

5.4. The moment the Lessee’s obligation to pay the rent is fulfilled is the moment the funds are credited to the Landlord’s account, or, in the case of payment in cash, at the time the funds are transferred to the Landlord.

5.5. In case of early return of the Vehicle by the Lessee, the Lessor shall return to the Lessee the corresponding part of the received rent, calculating it from the day following the day of the actual return of the Vehicle.

5.6. The rental price of the vehicle does not include payment for violation of the terms of this Agreement, namely:

– for damage to the vehicle and additional equipment available with it, arising from improper operation, road traffic accident, illegal actions of third parties;

– for lost profits of the Lessor if the Lessee violates the terms of delivery from the lease of the Vehicle;

– for the restoration of documents, keys, license plates on the vehicle in case of their loss.

5.7. In the event of an extension of the lease term of the Vehicle at the request of the Lessee with the consent of the Lessor and a duly executed extension of the lease, the cost of lease of the Vehicle will be:

– ____________ (_____________) rubles for each subsequent hour, starting from the time of the last paid hour of the lease term specified in this agreement, in case of extension of the lease term by no more than 2 hours.

– the size of the full rental cost per day, in accordance with clause 2.1. of this agreement, if the lease is extended by more than 2 hours.

5.8. Renewal of the lease is also paid in the form of 100% payment. Payment is made by bank transfer to a bank account or bank card of the Lessor no later than the last prepaid rental period.

5.9. In case of late payment of the extended lease term, failure to agree on the lease extension with the Lessor, the cost of the subsequent, extended lease time increases by 50 (fifty)% to the cost of clauses 3.1, 3.7. actual agreement.

5.10. The lessee makes a security payment (deposit) in the amount of _________________ (___________________________) rubles. The amount of the deposit serves to ensure the proper fulfillment of obligations under this agreement, possible fines imposed on the Lessor, as the owner of the vehicle during the period when the vehicle is provided for use by the Lessee for violation by the Lessee of the Road Traffic Rules (SDA), as well as the laws of the constituent entity of the Russian Federation establishing financial liability for violations rules and regulations.

5.11. Payment for violation of the terms of this Agreement, in part: for failure to comply with the terms of return of the vehicle from the lease, for exceeding the established mileage limit, for damage to the vehicle, for the restoration of documents and keys in case of their loss, for the loss of tools and accessories with which the vehicle is equipped upon delivery for rent – made immediately after the vehicle is returned from the lease, according to the established prices of the Lessor, at the expense of the amount of the deposit specified in clause 5.10. If the amount of the deposit is insufficient to cover the above expenses, the Lessee shall deposit the missing amount to the Lessor’s bank account or bank card at the time of transfer – delivery of the Vehicle to the Lessor at the end of the lease term.

5.12. The deposit will be kept by the Lessor for ____ days from the date the vehicle is returned. In the absence of any financial claims against the Lessee from the Lessor under clause 5.11. of this agreement, the Lessor returns to the Lessee the full amount of the deposit by transferring it to the bank account or bank card specified by the Lessee, belonging to the Lessee 2 (two) days from the expiration of the period specified in this clause, minus the bank’s commission.

5.13. The deposit is made by the Lessee at the time of booking the vehicle to the current account of the Lessor.

5.14. The collection from the Lessee of rent arrears for the lease (rental) of the vehicle is carried out in an indisputable manner.

 

RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The landlord undertakes:

6.1.1. Provide for temporary possession and use to the Lessee of the Vehicle, according to the completed and paid Application, in good condition, corresponding to its functional purpose.

6.1.2. Simultaneously with the transfer of the vehicle, transfer to the Lessee the related accessories and documentation necessary for the operation of the vehicle.

6.1.3. If deficiencies of the rented vehicle are discovered, which have arisen through no fault of the Lessee, which completely or partially impede its use, immediately eliminate the deficiencies, or replace the vehicle with other similar property that is in good working order.

6.1.4. Upon expiration of the rental period of the Vehicle, take the Vehicle from the Lessee.

6.2. The landlord has the right:

6.2.1. Check the procedure for using the rented vehicle by the Lessee.

6.2.2. Unilaterally terminate the agreement early in the event that the Lessee uses the vehicle in violation of the terms of this agreement, as well as the current legislation of the Russian Federation regulating the use of a vehicle (motorcycle).

6.2.3. Not more often than once in _____ (________) day (s) to demand from the Lessee the presentation of the vehicle to check the safety and integrity of the vehicle. The request for the provision of the Vehicle for inspection is sent by the Lessor to the Lessee to the mobile phone number specified in the Application, at least 24 hours before the date and time of presentation of the Vehicle. The Lessee is considered notified of the need to present the Vehicle for inspection from the moment the Lessor sends the corresponding request. Vehicle inspection is carried out at the place where the Vehicle Acceptance Certificate is drawn up.

6.2.4. To demand from the Lessee before transferring the Vehicle the original documents confirming the information about the Lessee, required and necessary for the conclusion of the contract and specified in clause 4.2. of this agreement and other data and documents at the discretion of the Lessor.

6.3. The tenant undertakes:

6.3.1. Carefully study this Agreement, the Terms of Rent and the Appendix to this Agreement. Strictly comply with them and bear full financial and criminal responsibility for their violation and damage, in accordance with the legislation of the Russian Federation and this Agreement. Observe the terms of this Agreement, know and comply with the Traffic Rules (hereinafter – SDA).

6.3.2. Provide the Lessor with a copy of the passport of a citizen of the Russian Federation, as well as a copy of a driver’s license in his name for the right to drive a vehicle of category “A”.

6.3.3. Pay the rent on the terms and conditions stipulated by this Agreement.

6.3.4. Use the vehicle in accordance with its intended purpose, taking into account the instructions for operating the vehicle, as well as the provisions of this agreement and in accordance with the requirements of the current legislation of the Russian Federation regulating the use of the vehicle (motorcycle).

6.3.5. Observe the proper operating mode of the vehicle. Bear the costs of the current maintenance and service of the vehicle.

6.3.6. Keep the vehicle in full working order.

6.3.7. In the event of an emergency with damage to the Vehicle, immediately notify the Lessor about the incident.

6.3.8. Reimburse the Lessor for the cost of repairing and transporting the Vehicle, as well as other losses if the damage caused to the Vehicle is a consequence of the Lessee’s violation of the rules for operating and maintaining the Vehicle.

With regard to this clause, the Vehicle shall be repaired by the Lessor both on its own and with the help of specialized repair shops, or other organizations that provide relevant services.

6.3.9. Upon the expiration of the rental period, transfer the vehicle to the Lessor in the condition in which it was received, taking into account the natural wear and tear that occurs in the conditions of vehicle operation.

6.3.10. Pay fines for violations of the Traffic Rules during the operation of the vehicle during the period from the moment the vehicle is received from the Lessor until it is returned to the Lessor.

6.3.11. If the total amount of the fine for exceeding the traffic rules exceeds the deposit, the Lessee is obliged to replenish the amount of the deposit for the missing amount within 3 days.

6.3.12. Use only AI-95 gasoline for refueling the vehicle at gas stations of such companies as LUKOIL, ROSNEFT, GAZPROMNEFT, SHELL, keeping receipts confirming the fact of refueling of the corresponding brand of gasoline at the indicated gas stations and their subsequent transfer to the Lessor.

6.4. The lessee is not entitled to:

6.4.1 Transfer the vehicle to third parties. In the event of damage to the Vehicle by a third party to whom the Vehicle was transferred by the Lessee, the Lessee is liable for the damage caused to the Lessor.

6.4.2. Transfer your rights and obligations under this agreement to another person.

6.4.3. Dispose of the vehicle, including its alienation to third parties in any way provided for by the current legislation in the Russian Federation.

6.5. The lessee has the right:

6.5.1. Use the vehicle for its intended purpose within the Russian Federation at any time during the term of the contract.

6.5.2. Obtain from the Lessee the necessary information and advice on the operation of the leased vehicle both before receiving the vehicle for lease and during the lease period.

6.5.3. Terminate this Agreement ahead of schedule, having previously reimbursed the Lessor for all losses associated with early termination of the agreement at the initiative of the Lessee.

 

DURATION OF THIS AGREEMENT

7.1. This Agreement shall enter into legal force from the moment of the occurrence of the conditions provided for in clause 3.1. and 4.4. of this agreement, and is valid until the Lessee returns the leased vehicle to the Lessor, subject to the obligatory condition – the signing of the Return Act by both Parties and the complete repayment by the Lessee of all payments arising from the terms of the agreement.

7.2. The lessee leases (rent) and pays in accordance with the terms of this contract for the vehicle and equipment for the agreed period.

7.3. Upon the expiration of this agreement, the Lessee does not have the pre-emptive right to conclude a new rental agreement for the vehicle, which is the subject of this agreement, for a new term.

7.4. The expiration of this agreement does not terminate the obligations of the Parties that have not been fulfilled by the time the agreement expires.

7.5. The lease (rental) period of the Vehicle may be extended by the Lessee in agreement with the Lessor. In this case, the Lessee is obliged to send the Lessor a written notice of the extension of the lease term no later than 10:00 a.m. on the last day of the lease of the Vehicle specified in clause 8.2. of this agreement, indicating the desired additional lease term. The notification can be sent by e-mail to the Landlord’s email address from the Tenant’s email address, or send the Landlord an SMS message with the appropriate text about the lease extension from the Tenant’s phone to the Landlord’s phone. If the Landlord agrees to extend this agreement, the Landlord confirms his consent to the renewal, indicating the cost of the extended lease and the period, time of return of the Vehicle in the same way that the message was received from the Tenant about the intention to extend the lease. The above renewal notification method will be in full force and effect. Such an extension of the lease (rental) period of the vehicle and property is allowed once during the term of this Agreement. If the Lessee wishes to extend the lease term again, this agreement must be terminated, the vehicle returned to the Lessor, the Return Act is signed and, with the consent of the Lessor, a new agreement may be concluded.

7.6. If the parties agree and properly formalize the term for extending the lease of the vehicle, the lease price is calculated in accordance with clause 5.7; 5.8; 5.9 of the contract.

 

ORDER OF ACCEPTANCE-TRANSFER OF THE VEHICLE

8.1. The transfer of the Vehicle by the Lessor to the Lessee is carried out according to the Acceptance and Transfer Certificate, which becomes an integral part of this Agreement, provided that the Lessee fulfills the requirements of clauses 5.3 and 5.10 of this Agreement.

8.2. The Lessor undertakes to hand over to the Lessee the vehicle together with the documents and accessories related to the vehicle operation (certificate of registration of the vehicle, OSAGO policy, 1 set of keys), as well as protective equipment.

8.3. The Lessee checks the serviceability of the Vehicle in the presence of the Lessor when signing the Vehicle Acceptance Certificate. If the Lessee discovers the defects of the Vehicle, the Lessee is obliged to reflect them in the Vehicle Acceptance Certificate. If the shortcomings of the Vehicle are not indicated in the Vehicle Acceptance Certificate, the Lessee is deprived of the right to refer to these shortcomings when returning the Vehicle to the Lessor.

8.4. Upon the expiration of this Agreement, the Lessee is obliged to transfer the Vehicle to the Lessor under the deed of transfer.

8.5. The vehicle must be returned to the Lessor in the condition in which the Lessee received it, taking into account normal wear and tear, with a supply of fuel not less than at the beginning of the lease.

8.6. If, during the return of the Vehicle by the Lessor, any shortcomings / damage / incompleteness of the Vehicle that were not reflected in the Vehicle Acceptance Certificate are revealed, the Lessee pays the Lessor for damage in the manner provided for in clause 6.3.8. actual agreement.

8.7. The Lessee is obliged to return the Vehicle to the same address at which the Vehicle was received by the Lessee within the period provided for in clause 7.2. actual agreement.

 

LIABILITY OF THE PARTIES

9.1. A party to the contract whose property interests have been violated as a result of non-fulfillment or improper fulfillment of obligations under the contract by the other party has the right to demand full compensation for the losses caused.

9.2. Any of the parties to this agreement that has not fulfilled the obligations under the agreement or has performed them improperly, bears material and criminal liability.

9.3. The tenant is responsible for:

9.3.1. For violation of the terms of payment of rent payments, the Lessee pays a penalty in the amount of _____% of the amount of the delayed payment for each day of delay.

9.3.2. In case of misuse of the Vehicle, the Lessee pays a penalty in the amount of ____% of the amount specified in clause 4.1 of this Agreement.

9.3.3. For late return of the Vehicle, the Lessee pays a penalty in the amount of ____% of the amount specified in clause 5.1 of this agreement for each day of delay.

9.3.4. In the event of damage to the vehicle through the fault of the Lessee, the Lessor has the right to withhold the cost of the damaged parts from the amount of the deposit. The Lessee shall reimburse the full cost of spare parts and work on their replacement, based on their market value, assessed in the presence of the Lessee from independent suppliers of parts and services for their replacement. If the amount of the deposit is insufficient to compensate for all damage caused by the Lessee of the Vehicle, the Lessee is obliged to pay the missing amount within 5 (five) working days from the date of receipt of the request from the Lessor.

9.3.5. In case of theft of the Vehicle during the period of the agreement, the Lessee undertakes to pay the Lessor the full cost of the Vehicle within a calendar month.

9.3.6. To third parties for harm caused to their property, health, life, as a result of the operation of the vehicle in violation of the Rules of the road, the provisions of this Agreement, as well as violations of the operation of the vehicle.

9.4. The landlord is responsible for:

9.4.1. For the delay in leasing the Vehicle, the Lessor shall pay the Lessee a penalty in the amount of ____% of the amount specified in clause 5.1 of this agreement.

9.4.2. The lessor bears full responsibility for the legal purity of the vehicle, and the consequences of its violation in accordance with the legislation of the Russian Federation.

9.5. The parties are exempt from liability for non-fulfillment or improper fulfillment of obligations under this agreement in the event that proper fulfillment turned out to be impossible due to force majeure, that is, extraordinary and unavoidable circumstances under these conditions.

9.6. The Party for which it became impossible to fulfill obligations under the Agreement, before receiving the TS, is obliged to notify the other Party in writing about the occurrence of the above circumstances no later than 7 (seven) days from the moment of their occurrence and submit documents issued by the competent authorities of the Russian Federation and confirming the existence of such circumstances.

 

EARLY TERMINATION OF THE AGREEMENT

10.1. This agreement may be terminated early:

10.1.1. By mutual agreement of the Parties.

10.2. At the request of the Lessor, this agreement may be terminated ahead of schedule in cases where the Lessee:

10.2.1. Uses the vehicle not in accordance with this contract or its intended purpose.

10.2.2. Does not fulfill the obligation to maintain the vehicle in proper condition.

10.2.3. Significantly worsens the condition of the vehicle.

10.2.4. Transferred the vehicle to third parties.

10.2.5. Did not pay rent in accordance with the procedure established by this agreement.

10.2.6. Provided inaccurate information provided for in clause 4.2. contract.

10.3. At the request of the Lessee, this agreement may be terminated ahead of schedule at any time, subject to a written warning from the Lessor of his intention to cancel the agreement at least ___ (________) days in advance.

 

FINAL PROVISIONS

11.1. By signing this agreement, the Lessee confirms that he is aware of the possible consequences of violations of the conditions and rules for the operation of the vehicle. The lessee is aware that the rented (rented) vehicle (motorcycle) is a source of increased danger for himself, for the surrounding third parties, their property and fully assumes responsibility for possible negative consequences. The Lessee is aware of his obligation to properly store the leased property, and is also fully aware of the risks of its possible theft, and if the Lessee does not return the rented (rental) vehicle, equipment (including in the event of theft or loss), the liability stipulates in this agreement and the legislation of the Russian Federation.

11.2. By signing this agreement, the Lessee confirms that he has special skills in driving a vehicle and driving experience in driving vehicles of category A for at least _____ years, which is confirmed by the driver’s license provided to the Lessor with the appropriate category of vehicles permitted for driving, while the Lessor does not verify its authenticity, but any claims / damages / consequences associated with the provision of a forged / invalid (and similar) driver’s license are fully assumed by the Lessee.

11.3. The Lessor does not bear any responsibility for the possible risk of harm to the health of third parties, the Lessee, as well as their death as a result of any events resulting from the use of the rented Vehicle by the Lessee under this agreement. The lessee is fully aware that in this case he is personally liable as the person managing the source of increased danger.

11.4. The Client gives the Contractor his consent to the collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data provided by the Client upon placing an order.

11.5. The personal data of the Client can be disclosed to third parties only with his permission or at the request of state bodies in the manner prescribed by the Federal Law “On Personal Data”.

11.6. The Contractor undertakes not to use the personal data received from the Client under circumstances and purposes that are not related to this agreement.

11.7. By putting his signature on two copies of this agreement and its Appendices, the Lessee thereby confirms that he:

11.7.1. He studied and understands all the clauses of this agreement, each annex to this agreement.

11.7.2. Provided valid, accurate, reliable and complete personal data in order to conclude and execute this agreement.

11.7.3. I am aware of and agree with the placement in the vehicle of systems and sensors that allow tracking the location of the vehicle, as well as control by the Lessor of possible violations of the clauses of the Agreement.

11.8. All disputes and disagreements between the Parties under this agreement are resolved through negotiations, and if it is impossible to resolve disputes peacefully, in the judicial system of the Russian Federation at the location of the Contractor.

11.9. This agreement is made in two copies with equal legal force – one for each of the Parties.

11.10. In all other respects that are not provided for by this Agreement, the civil legislation of the Russian Federation is subject to application.

 

NAME AND DETAILS

12. 1 “Rental Bikes” – motorcycle rental in Moscow

12.2 SP Stepanenko Evgeniy Sergeevich
INN 972100352400
OGRNIP 320774600144321
OKPO 2001439164
Registration address
Moscow
PJSC “BANK URALSIB”
BIK 044525787
Correspondent account 30101810100000000787
account 40802810900270000775

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