Last updated: 29.10.2021
The following documents are binding and form part of the Agreement:
- the applicable prices, surcharges and penalties as shown on the Elmo Rent website (Price List).
- instructions, manuals (including the Motor Vehicle User Manual) and other instructions indicated in the Elmo Rent App.
- other business and product terms and conditions mentioned in this Agreement, including service descriptions, rules and notices, including our Personal Data Processing Rules made available on the website https://elmorent.ee/andmekaitse/for processing of your personal data in connection with the use of Car Sharing Services.
- the terms of compulsory motor third party liability insurance and comprehensive insurance (if any).
- additional country or city-specific conditions (if any) that apply in the area where driving takes place.
Due to the continuous development of our services, we may amend the Agreement at any time to ensure the security and operability of our services, to introduce updates, to comply with legal obligations, or to ensure the commercial viability of our services. The amendments will take effect upon posting the amended Agreement or its additional terms on Our website or Elmo Rent application. If you continue to use the Car Sharing Service after the changes or additional terms become available, you will be deemed to have accepted the changes. We reserve the right to notify you of amendments via the Elmo Rent App, using the contact information connected with your Account, or in any other reasonable manner.
- “Account”– access to the Elmo Rent application and/or website containing information and documents regarding the use of Elmo Rent services in course of providing Car Sharing Services, including accounting documents.
- “Car Sharing Services”– Elmo Rent AS applies the car sharing concept Elmo Rent, which means that Elmo Rent rents out Motor Vehicles, subject to availability, to User with a valid driving license of the respective category of the Motor Vehicle for the Period of Use and within a defined Operating area subject to terms and conditions of this Agreement which the User must accept in order to use the service.
- “Elmo Rent App”– a smartphone application that allows, among other things, to book Motor Vehicles through the Elmo Rent Platform.
- “Elmo Rent Platform”means a technology platform operated by Elmo Rent that provides Car Sharing Services via Elmo Rent App.
- “You”, “User”or “Rider” – a person who has registered a user account on the Elmo Rent Platform and uses the Car Sharing Services through it.
- “Rental Point”– a point or area defined in the Elmo Rent App within which the User can start driving, stop driving and return the Motor Vehicle.
- “Motor Vehicle”means a motor vehicle, including an electric vehicle (including a scooter and moped), provided by Elmo Rent to the User against the fee for use under this Agreement. Models and types of motor vehicles are available on the website and in Elmo Rent App.
- “Period of Use “– the period of use of the Motor Vehicle, which starts from the moment of booking the Motor Vehicle and ends at the moment when the User has finished driving and returned the Motor Vehicle in compliance with the Agreement. The period of use is unlimited, subject to restrictions set forth in the Agreement.
- “In-App Payment”– cards used by the User to pay for Car Sharing Services via Elmo Rent App.
- “Selected Payment Method”means a valid credit or debit card or other payment method supported by Elmo Rent App and connected to your Account.
- “Fuel Card” means a fuel card in each Motor Vehicle (other than an Electric Motor Vehicle) intended for payment for fuel at a petrol/gas/service station.
- “Charging card”means a charging card in any electric Motor Vehicle intended for payment for electricity at a charging station.
- “IOT”means an electronic hardware device installed in a Motor Vehicle, which secures the Motor Vehicle, allows it to be digitally rented (lock/unlock) and records the location of the Motor Vehicle, the distance traveled by the Motor Vehicle, the time of use of the Motor Vehicle, fuel consumption and other data related to the Motor Vehicle and use thereof, and transmits these data to Elmo Rent.
2. Registering Yourself and Using Elmo Rent App
- To use Car Sharing Services, you must install Elmo Rent App and register a user account (Account). During the installation of Elmo Rent App, your mobile phone number will be linked to your Account and added to Our database. When registering, you must provide the required information and upload the required documents.
- You are required to link your Account with your valid Credit or Debit Card, or other payment method supported by Elmo Rent App (Selected Payment Method).
- If the User fails to enter correct data or enters wrong or false data, the registration of the User shall be deemed invalid and shall be cancelled.
- After submitting the sign up application, you must upload a photo of your valid driving license to Elmo Rent App in accordance with Clause 4 of the Agreement.
- In the event of errors in Elmo Rent App, we will make every effort to resolve them as soon as possible, but you understand and acknowledge that the App functionality may be restricted due to occasional technical errors, and we cannot guarantee unlimited faultless functioning of Elmo Rent App at all times. We accept no liability for any losses incurred as a consequence of Elmo Rent App not functioning or not being usable in the desired manner.
- Elmo Rent reserves the right to reject the registration of you if there is reason to believe that you will not act in accordance with the Agreement.
- The User is prohibited from registering several accounts on Elmo Rent platform, selling the Account to a third party, or giving it to a third party to use or creating a fake, illicit or false account on Elmo Rent platform.
- The User is not allowed to allow any third party to use the User Account.
- The User is not allowed to disclose the Account login data to a third party. The User is responsible for ensuring the security of the Account and the confidentiality of the User’s login details.
- When creating and using your Account, you:
- agree to use only your real name, accurate personal and payment card data for setting up the Account and to keep this information up to date at all times.
- agree that you may be requested to provide your contact details (telephone, e-mail address, residency address).
- agree that you may be requested to provide proof of identity in the form of a picture of your driving license, identification card or other legal ID document issued by the government to obtain or maintain access to the Car Sharing Services.
- are liable for the access to your Account, control and security of your Account and for all actions carried out under your Account, unless you have reported misuse of your Account in accordance with Clause 11 of this Agreement.
- agree to Our right to temporarily suspend or block your use of the Account to the extent necessary to: i) ensure the lawful use of the Elmo Rent App, including the prevention of fraud, risk analysis, investigation and customer support objectives; (ii) to ensure your compliance with the provisions of this Agreement; (iii) for compliance with an applicable law or the order of a court, law enforcement or other administrative agency or governmental body; or (iv) as otherwise set forth in this Agreement.
- the User shall immediately notify Elmo Rent to enable Elmo Rent to block access to the Account to prevent misuse in case of:
- a third party has gained unauthorized access to your Account or is using your Account without permission.
- the loss or destruction of the device on which the Elmo Rent App is installed.
- login details are lost or become available to a third party.
- the Account is compromised or available for use by a third party.
- any other situation that may cause loss of control of your Account.
- upon receipt of User’s notification specified in clause 11 of this Agreement, Elmo Rent will block the Account as soon as possible.
3. Licensing and Intellectual Property Rights
- By registering on the Elmo Rental Platform, Elmo Rent grants the User a non-revocable, non-transferable, non-sublicensable non-exclusive license to use the Elmo Rent Platform for the purpose of Car Sharing Services.
- All intellectual property rights related to software, documentation or information used or developed by or on behalf of Elmo Rent during the provision of information society services under the Agreement (incl. Elmo Rent Platform and the material uploaded to it) belong to Elmo Rent. The User may not copy, modify, adapt, reverse-engineer, decompile or otherwise discover the source code of the Elmo Rent Platform or other software used by Elmo Rent or extract or use any data on the Elmo Rent Platform for commercial or non-commercial purposes. The User shall use the Elmo Rent Platform solely for his/her personal, non-commercial purposes.
- Elmo Rent is not providing any warranties, guarantees or representations regarding the quality of the Elmo Rent Platform, including the absence of obvious or hidden defects, suitability for a ordinary or specific purpose (special purpose), and Elmo Rent is not required to satisfy the User’s claims regarding the quality of the Elmo Rent Platform.
4. Validating Driving License and Right to Drive
- Users must upload and validate their identity and driving license for a specific Motor Vehicle category through the online validation process in accordance with the instructions provided in the Elmo Rent App.
- Irrespective thereof, Elmo Rent reserves the right to request you to prove the validity of your driving license at any time.
- After successfully validating the driving license, Elmo Rent shall activate the User’s access in Elmo Rent App to book a Motor Vehicle subject to availability in the Operating Area.
- The User has the right to use the Car Sharing Service if he/she:
- he/she is at least 20 years old;
- holds a valid driving licence (except driver’s license of the Russian Federation);
- his/her health condition allows driving a Motor Vehicle in accordance with local traffic laws;
- he/she is not intoxicated – under the influence of alcohol, drugs, psychotropic substances or other psychotropic drugs that may impair his/her ability to drive.
- If the User’s driving license is withdrawn, suspended, revoked or the driving license is lost, the User may not drive a Motor Vehicle. The User shall immediately notify Elmo Rent of the withdrawal, revocation, suspension or loss of driving license.
- The User is strictly prohibited from enabling any third party to drive Motor Vehicles, except with the prior written consent of Elmo Rent. In the event of any breach of this requirement, the User shall pay a contractual penalty in the amount set out in the Price List and Penalties.
5. Fees and Penalties
- The User will be charged a fee and a surcharge for the use of the Car Sharing Services in accordance with the Agreement, Price List, Surcharges and Penalties valid during the use of the Car Sharing Services available in the Elmo Rent App.
- The Car Sharing Service fee comprises summation of (i) Period of Use and (ii) distance travelled with the Motor Vehicle.
The Car Sharing Service fee for Period of Use is calculated from the moment of unlocking the Motor Vehicle, or in case of paid reservation, from the moment of paid reservation time commences, until the moment of return of the Motor Vehicle to the Rental Point and finishing ride as set forth in clause 7.2.3.
(ii) The Car Sharing Service fee for each kilometer covered by the Motor Vehicle shall be calculated as follows: the number of kilometers traveled by the Motor Vehicle shall be multiplied by the price per kilometer indicated in the Price List and the Penalties. The distance covered by the Motor Vehicle shall be rounded up to the nearest (higher) full kilometer.
- The initial booking time of a Motor Vehicle, the length of which is indicated in the Elmo Rent App, is free of charge. When the initial booking period has expired, the rental period will start automatically.
- The applicable fees may be subject to national and local taxes, which we calculate and collect.
- Additional surcharges may apply in accordance with the Agreement and Price List and Penalties in relation to cleaning the Motor Vehicle.
- The User is responsible for all road taxes, parking fees in private or public parking lots, etc.
- The User shall pay all fees, penalties, other fines and/or surcharges resulting from the use of the Motor Vehicle, improper parking (e.g., outside the Rental Point), including violation of parking rules at the Rental Point, or if you have violated the Agreement or any law, regulation while using Car Sharing Services.
- Elmo Rent has the right to demand a contractual penalty if the User violates the terms of this Agreement. The contractual penalties are set out in this Agreement and in the Price List and Penalties, which are available on Elmo Rent’s website. Payment of the contractual penalty shall not release the User from the obligation to perform the obligations arising from the Agreement. The User is obliged to pay contractual penalty to Elmo Rent:
- if the accessories/property of the Motor Vehicle (e.g., ignition key, charging cable, home charger) have been damaged, destroyed or lost;
- if the interior/exterior of the Motor Vehicle or any part thereof has been damaged;
- for smoking in a Motor Vehicle and/or using e-cigarettes;
- for finishing the ride outside the Rental Point;
- for misuse of the Fuel Card and or Charging Card, including stealing;
- for aggressive, dangerous driving, speeding and traffic offenses, illegal racing or drifting, transport of dangerous goods, negligent driving or any other activity that does not constitute the use of the Motor Vehicle for normal driving;
- for driving under the influence of alcohol, drugs, psychotropic and/or other psychoactive substances;
- for allowing a third party to use your Account;
- for fuel theft and attempt to steal fuel;
- for refueling the Motor Vehicle with wrong fuel;
- for leaving the Motor Vehicle interior dirty with food or liquids, any other trash, etc.;
- for trying to hide the damages of a car accident or avoid responsibility of a car accident/damage;
- for theft or attempt to steal a Motor Vehicle;
- for returning a Motor Vehicle with an empty battery/fuel tank;
- for other violations listed in the valid Price List available on the Elmo Rent website and in the Penalties, which Elmo Rent may update unilaterally.
- Elmo Rental has the right to demand interest on arrears from the User for late payment of invoices; the interests shall be 0.15% of the payment due for each calendar day of delay.
6. Terms of Payment
- Depending on the payment methods supported for the location of the journey, you can pay for the Car Sharing Services with an In-App Payment, if available through Elmo Rent App.
- You authorize Us to debit all fees, penalties, taxes and other amounts payable to local governments using your Selected Payment Method connected with your Account. Elmo Rent shall automatically debit the aforementioned fees from the User’s Selected Payment Method.
- Your obligation to pay for the Car Sharing Services and other fees, penalties, etc. shall be fulfilled from the moment the corresponding amount is debited from your Selected Payment Method.You must ensure that you have sufficient funds in the Selected Payment Method before using the Car Sharing Services.
- If this payment method fails and/or you don’t have enough funds in your Selected Payment Method, other collection procedures may be applied. You agree to compensate all Our collection costs, including reasonable legal fees, if You do not pay amounts owed to Us when due.
- You agree to notify us immediately of any changes to the Selected Payment Method connected with your Account that may prevent us from debiting the Contractual Fees.
- If Elmo Rent cannot pre-authorize the amount from your Selected Payment Method as set out in Clause 6.3 or debit amounts from your Selected Payment Method as set out in Clause 6.2, Elmo Rent is entitled to suspend or terminate the Period of Use. In this case, the User is obliged to immediately stop the ride and return the Motor Vehicle to the Operating Area or follow other instructions given by Elmo Rent. The Period of Use will be suspended until the User reimburses the accrued service fee.
- In case the User has previously failed to pay the fee for using the Car Sharing Services in due course, Elmo Rent is entitled to request the User to pay for the services upfront in a specific amount before starting to use Car Sharing Services.
- When paying through the In-App Payment Solution, Elmo Rent is not responsible for possible third party payment costs (eg mobile operators, bank charges). These service providers may charge additional fees for processing payments made through Elmo Rent’s In-App Payment Solution. Elmo Rent is not responsible for such fees and disclaims any liability in this regard. Your Selected Payment Method may also be subject to additional terms and conditions imposed by the third party payment service provider; please review the terms and conditions before using this payment method.
- Elmo Rent is responsible for the operation of the In-App Payment Solution and provides support in resolving problems. Disputes related to In-App Payments shall also be resolved through us. For payment support service please contact us at firstname.lastname@example.org. Inquiries sent by e-mail shall be answered within one working day. Elmo Rent shall resolve complaints and requests related to the In-App Payment within two working days.
- Elmo Rent is entitled to provide a credit limit for Car Sharing Services at its own discretion. Elmo Rent shall have the exclusive right to change, cancel, reduce or increase the aforementioned credit limit at any time.
- After each provision of the Car Sharing Services, Elmo Rent shall create and forward to the User a receipt for the provision of the Car Sharing Services, including surcharges, penalties, etc. (if any). Receipts will be issued in accordance with applicable laws. All Car Sharing Receipts are available to you via your Account.
7. Use of the Motor Vehicle
7.1 Commencement of Driving the Motor Vehicle
- Before starting to drive, the Motor Vehicle must be booked in the Elmo Rent App. The Motor Vehicle can be booked free of charge for the period indicated in the Elmo Rent App. The free booking period starts when you click on the “Rent” button (or equivalent) in the Elmo Rent App. If the User does not start driving during the free booking period, the paid rental session will start automatically. The User is allowed to terminate the booking at any time.
- The Period of Use starts from the moment of booking the Motor Vehicle.
- Upon reaching the Motor Vehicle, the User must select the appropriate command to open the Motor Vehicle or lock it after driving.
- The User shall examine the interior and exterior of the Motor Vehicle to ensure that there is no clearly visible damage to the Motor Vehicle and shall undertake to check if all Motor Vehicle accessories and fittings such as the ignition key (if any), Fuel Card/Charging Card and Motor Vehicle documents and manuals are in the Motor Vehicle. In case a label has been attached to a damage, such damage has already been reported to Elmo Rend. If the User detects a damage without a label attached to it, the User shall immediately notify Elmo Rent of any detected nonconformities by e-mail (email@example.com). Otherwise, all unreported damages may be deemed as occurred by the User during the Period of Use.
- Use the ignition key stored in the Motor Vehicle to start the Motor Vehicle. If the Motor Vehicle does not require an ignition key, the Motor Vehicle shall be started by pressing the button and the brake pedal at the same time.
7.2 Rental Points, Finishing the Drive and Return of Motor Vehicle
- The User can only start using the Motor Vehicle and return it to the Rental Point indicated in the Elmo Rent App. The User may return the Motor Vehicle outside the Rental Point only with the prior consent of Elmo Rent. If Elmo Rent consents to return the Motor Vehicle outside the Rental Point, Elmo Rent will charge the User for the transportation of the Motor Vehicle to the Rental Point in accordance with the Price List and Penalties.
- The User shall return the Motor Vehicle in a condition that is not worse than the condition in which the Motor Vehicle was received, taking into account normal wear and tear. In case the User discovers a damage caused during the Period of Use, the User shall immediately notify Elmo Rent.
- The User may terminate the Period of Use at any time by returning the Motor Vehicle in accordance with this Agreement. In order to return the Motor Vehicle, the User must:
- park the Motor Vehicle at the Rental Point indicated in Elmo Rent App, where it can be publicly accessed at any time, and in compliance with applicable traffic rules and regulations and/or other legal acts, regulations or restrictions related to parking at the respective location of the Rental Point;
- switch off the engine and place the ignition key (if any) in the designated place in the Motor Vehicle;
- make sure that the User’s personal belongings and/or rubbish are not left in the Motor Vehicle;
- make sure that all documents, which initially were in the Motor Vehicle, Fuel Card/Charging Card and other accessories are still in the Motor Vehicle;
- close windows and doors properly; and then select “End Session” (or equivalent) in Elmo Rent App. After completing all operations and making sure that the Motor Vehicle is locked, the Period of Use shall be deemed terminated by the User.
- The Motor Vehicle may not be returned:
- to a location with restricted access;
- underground parking lots;
- private parking areas (e.g., home yard);
- at another area where parking is prohibited by traffic rules and regulations;
- the User may not return the Motor Vehicle if the Motor Vehicle is outside the Rental Point, the ignition of the Motor Vehicle is on, the doors/windows are open or the engine is not turned off.
- Should the User park the Motor Vehicle in a paid parking lot, the User shall pay for parking at the User’s own expense.
- When parking the Motor Vehicle, the User must take all measures to ensure the safety of the Motor Vehicle (i.e., the doors are locked, windows are closed, the lights and the audio system are switched off, the ignition is switched off, etc.) and the safety of third parties and assets.
- If the Period of Use cannot be terminated, the User shall immediately notify Elmo Rent and stay with the Motor Vehicle until the customer service has decided how to proceed.
7.3. Refueling and Recharging the Motor Vehicle
- A Fuel Card or Charging Card is available in each Motor Vehicle. Only the Fuel Card/Charging Card available in the Motor Vehicle may be used to refuel the Motor Vehicle/recharge the Motor Vehicle battery. In case of use of the Fuel Card/Charging Card, the price of the fuel/charging is included in the Car Sharing Service fee paid by the User and will not be charged separately from the User. The Fuel Card/Charging Card can only be used to purchase fuel/charge the battery and not for any other purpose.
- The User must refill the fuel tank only with a fuel type as permitted for the Motor Vehicle.
- Use of the Fuel Card/Charging Card for other vehicles or for filling of fuel to any other container is strictly prohibited. If the User violates this prohibition, Elmo Rent shall in all cases notify the police of the misappropriation and the User shall be obliged to pay the contractual penalty specified in the Price List and Penalties in accordance with the Agreement.
- The User is obliged to prudently keep the Fuel Card/Charging Card and leave it in the Motor Vehicle after use. The User shall notify Elmo Rent immediately of the loss of the Fuel Card/Charging Card, but not later than within 2 hours from becoming aware of the loss and is obliged to pay the contractual penalty specified in the Price List and Penalties in accordance with the Agreement.
- The User must not return the Motor Vehicle with an empty fuel tank. The fuel tank of the Motor Vehicle is considered empty if the fuel level is 10% or less.
- If the battery level of the electric Motor Vehicle drops to 20%, the User must finish driving and take the electric Motor Vehicle to the nearest charging station.
8. Handling of Accidents, Damage, Defects and Repairs
- In the event of a breakdown of the Motor Vehicle, alert signals on the dashboard of the Motor Vehicle, suspicious external noise or if the Motor Vehicle can no longer be operated safely, the User shall immediately, but not later than within 1 hour after becoming aware of the problem (i) stop using the Motor Vehicle, (ii) inform Elmo Rent by the telephone number available in the Elmo Rent App and (iii) and follow Elmo Rent’s further instructions. Elmo Rent is entitled to terminate the Period of Use unilaterally.
- The User shall immediately notify Elmo Rent and the respective authorities (police, rescue service, etc.) by telephone in case of any accident, theft, fire or damage caused or any other damage involving the Motor Vehicle driven by the User. In any such event, Elmo Rent shall provide the User with instructions on how to proceed and the User must follow the instructions of Elmo Rent. The User must complete a traffic accident report and take other necessary actions to prevent or reduce damage to the Motor Vehicle, other property and/or persons. This shall apply irrespective of whether the accident was caused by the User or by a third party or whether the damage is minor or not.
- The User must notify Elmo by telephone of any accidents, damage and defects of the Motor Vehicle present at the commencement of the drive in accordance with Clause 7.1.5.
- The User must take the necessary measures to preserve the evidence and mitigate the damage by consulting Elmo Rent.
- The User shall not be liable or make similar declarations to the third parties in the event of an accident involving a Motor Vehicle driven by the User. Where the User makes a declaration assuming liability in spite of this prohibition, such declaration shall exclusively apply to the User personally. Neither Elmo Rent nor the Motor Vehicle insurer shall be bound by such declaration.
- Elmo Rent shall be entitled to any compensation paid in relation to damage of the Motor Vehicle. Once the User has received such payments, the User shall transfer them to Elmo Rent without further demand.
- Only Elmo Rent is entitled to choose a repair shop for the repair of a Motor Vehicle in case of defects and damage.
- In the event of an accident, after which the Motor Vehicle can no longer be moved, the Period of Use shall expire at the latest upon delivery of the Motor Vehicle to a towing company approved by Elmo Rent.
- The Motor Vehicle has compulsory motor third party liability insurance, for which the deductible provided in the Price List applies; motor insurance covers the limitations and exceptions of the compulsory motor insurance, meaning your liability for the damage to a third party or the third party’s physical property caused due to your use of the Motor Vehicle. You acknowledge and agree that you will be liable for any damages or expenses incurred by you and third parties that are not covered by the compulsory motor third party liability insurance, including expenses incurred in connection with your own ambulance, hospital stay and treatment.
- Elmo Rent reserves the right to offer comprehensive insurance to compensate for damage caused to the Motor Vehicle in accordance with the restrictions and exceptions of comprehensive insurance.
- The User must comply with the conditions of compulsory motor third party liability insurance and comprehensive insurance established by the insurance company. The insurance terms and conditions are published in the Application on the Elmo Rent website.
- If the insured event occurred on the User’s fault, the User shall pay the respective deductible of the insurance within the framework of both compulsory motor third party liability insurance and comprehensive insurance in accordance with the Price List published in the Elmo Rent App and on the website. If the insured event did not occur due to the User’s fault, the User shall not be obliged to pay the deductible. Payment or non-payment of the deductible does not release the User from liability.
- Should the User violate any condition of compulsory motor third party liability insurance or comprehensive insurance and if it results in the release of the insurer from the obligations to indemnify the insurance loss on the basis of the respective insurance cover, the insurance cover provided herein shall not apply.
10. User Obligations and Prohibitions, User Liability
- The User is obliged to:
- handle and use the Motor Vehicle in accordance with its intended purpose, regularly and prudently, follow the provisions of the manufacturer’s operation manual and drive in safe and carefully, environmentally sound and fuel-efficient way;
- notify Elmo Rent immediately of any damage caused to the Motor Vehicle, including damage caused by violence or accident or any soiling; the User shall undertake to immediately notify Elmo Rent and the relevant authorities (e.g., police, rescue service) if the Motor Vehicle is destroyed, damaged or otherwise becomes unusable, and inform Elmo Rent of any circumstances preventing the operation and use of the Motor Vehicle.
- prudently protect the Motor Vehicle against theft (windows must be closed and the central locking system locked);
- check and, if necessary, adjust the operating fluids and tire pressure at regular intervals during longer journeys;
- check the Motor Vehicle for obvious defects prior to driving;
- keep the Motor Vehicle (inside and out) clean and tidy. If the Motor Vehicle is dirtier than normally after use, the User shall be obliged to pay an surcharge for the cleaning specified in the Price List and Penalties;
- comply with all applicable laws and regulations (including traffic laws and regulations);
- stop immediately if a warning light flashes up in the dashboard display and contact Elmo Rent to discuss whether driving can continue;
- make sure that when using an electric Motor Vehicle, the battery has sufficient capacity at the start of the trip in order to return the vehicle to the Rental Point after the ride and to properly start the charging process, if applicable;
- to use the Motor Vehicle in the Operating Area indicated in the App. The User may use the Motor Vehicle outside the Operating Area only with the prior consent of Elmo Rent.
- notify Elmo Rent of the exact location of the Motor Vehicle at any time if requested and permit an inspection of the Motor Vehicle upon Elmo Rent’s request.
- The User may not:
- drive a Motor Vehicle under the influence of alcohol, drugs or psychotropic substances or under the influence of pharmaceutical products which may impair his/her ability to drive. Elmo Rent has zero tolerance alcohol policy – strict ban on alcohol (0.0 ‰);
- drive the Motor Vehicle if he/she is sick or tired or if driving may pose a risk to the traffic safety, the Motor Vehicle or other persons;
- drive carelessly, aggressively or hooliganly, including illegal racing or drifting, any other use of the Motor Vehicle not for regular commute or transportation. All Motor Vehicles are equipped with an IoT that allows easy detection of misuse;
- use the Fuel Card to refuel other vehicles or use the Charging Card to charge other vehicles;
- deactivate the front passenger airbag, unless required for the carriage of children or infants using a booster cushion/child seat in accordance with Clause 10 (2) f). If the passenger airbag has been deactivated, the User must reactivate it at the end of the trip;
- transport children or infants without the necessary booster cushion/child seat. The User must follow all the manufacturer’s instructions for fitting the safety seats;
- use the Motor Vehicle for off-road trips, motorsport events or any kind of races, vehicle testing, driving training, for transportation of persons on commercial terms or for commercial transportation (e.g. courier services, food delivery), except with the prior written consent of Elmo Rent;
- allow a third party to drive the Motor Vehicle;
- sublease the Motor Vehicle, assign the rights and duties hereunder or transfer the Motor Vehicle to another person;
- use the Motor Vehicle for towing of other vehicles;
- use the Motor Vehicle for the transportation of dangerous and flammable, toxic or otherwise dangerous substances if they significantly exceed household quantities;
- use the Motor Vehicle to transport objects or substances which may impair driving safety or damage the interior of the Motor Vehicle due to its nature, size, shape or weight;
- use the Motor Vehicle to commit misdemeanors, criminal offenses or other activities prohibited by law;
- smoke and/or vape or allow others to smoke or vape in the Motor Vehicle;
- take pets in the Motor Vehicle, unless they are in a transportation box that is safely placed in the Motor Vehicle or its trunk;
- grossly soil the Motor Vehicle or leave any kind of waste in the Motor Vehicle;
- carry more passengers than the number permitted by the Motor Vehicle registration;
- Repair or modify the Motor Vehicle yourself or have it performed by a third party;
- conceal damage caused by a traffic accident or to evade liability for a traffic accident/damage;
- attempt to read, copy, modify or delete IoT data.
- The User is liable for:
- damage to the Motor Vehicle, Elmo Rent or a third party or its property during the Period of Use of the Motor Vehicle or while it is in the User’s possession or under the User’s control, including the entire time the Motor Vehicle is booked by the User, for violation of this Agreement and/or any applicable laws and regulations. Such damage includes theft or loss of the Motor Vehicle, its keys (if any) and/or accessories, including the Fuel Card/Charging Card, repair costs of the Motor Vehicle and third parties, injuries to third parties, costs related to the recovery or transportation of the Motor Vehicle, additional administrative costs, and the loss of use of Motor Vehicles or third party property.
- damages that occur as a consequence of traffic offences, misdemeanors or criminal offences committed with the Motor Vehicle. The User shall pay all costs and damages arising therefrom and shall waive Elmo Rent completely from any claims of third parties.
- payment of a contractual penalties in accordance with this Agreement and the Price List and Penalties. The right to claim for damages shall remain unaffected. In this case, the contractual penalty shall be deducted from the damage.
- The User shall not be liable for the breach if the breach was committed or the damage was caused by the fault of Elmo Rent and/or a third party, unless the User is responsible for the acts of a third party under this Agreement.
- The User shall not be liable for failures of the Motor Vehicle caused by the previous use, operation or normal wear and tear, if the User immediately notifies Elmo Rent by telephone or via the Elmo Rent App and follows the instructions given by Elmo Rent.
- In case of an insured event on the User’s fault, the User’s liability is limited to the deductible indicated in the Price List. The limitation of liability provided in this Agreement shall not apply in the event of violation of this Agreement.
- In the event of any breach of the Agreement, a penalty will be imposed in accordance with Elmo Rent’s penalties list, including Elmo Rent’s right to temporarily or permanently suspend or terminate the provision of the Car Sharing Services, to terminate the Period of Use and immediately block access to the Elmo Rent App. The User will be notified of any such exclusions by telephone, e-mail or via the Elmo Rent App.
- The User confirms that in the event of damage to the Motor Vehicle, the amount of his/her deductible is the amount specified in the section of additional services and penalties. In case of violation of the obligations arising from the Agreement, the User’s liability may reach up to 100% of the cost of the Motor Vehicle.
11. Elmo Rent’s Duties and Liability
- The Elmo Rent Platform is offered on an “as is” and “as available” basis. We do not warrant or guarantee the uninterrupted or error-free accessibility of the Elmo Rent App. We do not represent or warrant that using the Elmo Rental Platform or the Elmo Rent App will ensure availability of Car Sharing Services.
- In particular, we disclaim all possible statements, representations or promises, expressed or implied, and make no representations or warranties as to:
- whether information about Car Sharing Services (including instructions in the App) is accurate, complete, correct, adequate, useful, timely or reliable.
- whether faults or errors in Car Sharing Services will be corrected or rectified.
- whether the Car Sharing Services are available at certain times or at a certain Rental Point.
- Elmo Rent ensures that the Motor Vehicle is in good order and condition and is suitable for use and operation for the purpose set out in the Agreement. Defects or malfunctions that do not affect traffic safety or have a short-term effect, as well as defects that are not the consequence of improper maintenance of the Motor Vehicle, shall not be recognized as defects.
- Elmo Rent shall only be liable for damage caused intentionally or due to gross negligence by Elmo Rent or its representatives and the liability shall be limited to 500 euros. To the extent permitted by applicable law, Elmo Rent’s no-fault liability is excluded.
- To the extent that such limitation of liability is permitted by applicable law, Elmo Rent shall not be liable for:
- the damage suffered by the User due to delay related to the use of the Car Sharing Services.
- the damage caused by the User to third parties while using the Car Sharing Services.
- indirect loss, loss of profit.
- losses exceeding the price of Car Sharing Services that were not provided or were provided improperly.
- Elmo Rent shall not be liable for the damage caused to the User’s belongings, items, clothing that the User wears in the Motor Vehicle or that is in the Motor Vehicle.
- Elmo Rent shall not be liable for any damage caused to the User due to the impossibility to use the Motor Vehicle, in the event of an accident or for other reasons beyond Elmo Rent’s control.
- Nothing in this Agreement shall limit or exclude Our liability, which cannot be excluded or limited by applicable law.
- Elmo Rent is entitled to terminate the Period of Use unilaterally in accordance with the Agreement.
- The User id entitled to terminate the Period of Use unilaterally in accordance with the Agreement.
- Elmo Rent is entitled to take back the Motor Vehicle and replace it with a comparable Motor Vehicle at any time in coordination with the User.
- The User is not entitled to withdraw his/her statement of intent to start the Period of Use.
- This Agreement shall be governed by and construed in accordance with the laws of the Republic of Estonia.
- Your obligations may be governed by laws of the Operating Area, for example, traffic and parking laws and regulations applicable in the Operating Area (Local Laws) and you agree to comply with any such Local Laws.
- Both we and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Estonia and any courts which have jurisdiction to hear appeals from any of those courts and waive any right to object to any proceedings being brought in those courts.
- If you are a consumer you can rely, upon non-compliance of the Car Sharing Service with the terms and conditions of this Agreement, on the legal remedies provided by law. Depending on your residency, as a consumer you may also have the right to submit an application at Your local consumer protection authority or via the European Commission Online Dispute Resolution platform at: http://ec.europa.eu/odr.
- Notices and other information related to the Agreement or the Car Sharing Services should be submitted via the Elmo Rent App, sent by e-mail to firstname.lastname@example.org or using the customer support channels provided on our website or Elmo Rent App.
- You agree that we may, on our sole discretion, assign this Agreement and its parts to another person.
- In the event of a conflict or inconsistency between the Agreement and the terms and conditions for your applicable Operating Area, the terms of the Operating Area shall prevail.
- Elmo Rent may change or remove different parts of the Elmo Rent Platform or change the Elmo Rent Platform, in whole or in part, at any time without prior notice.