Terms of Service
for the provision of services for processing orders for car rental through the website www.novarent.com.ua
The Contractor, acting in accordance with current legislation, proposes to conclude this Public Offer Agreement (hereinafter - the Agreement) for the provision of car rental services and related services through the website novarent.com.ua (hereinafter - the Website).
This Agreement is a public offer in accordance with articles 633 and 641 of the Civil Code of Ukraine, which means that its terms are the same for all consumers without any exceptions. Acceptance of this offer is carried out by unconditional acceptance of the terms of the Agreement, which is confirmed by payment for services by any available method (in accordance with part 2 of article 642 of the Civil Code of Ukraine) and certifies the fact of conclusion of this Agreement between the Customer and the Contractor.
The Agreement is mixed, as it contains conditions of several types of contracts that regulate the provision of vehicle rental services and additional services.
1. DEFINITION OF TERMS AND GENERAL PROVISIONS
- Contractor — an individual entrepreneur who provides car rental services and services for order processing, reservation, booking of car rental services on the websites specified in this agreement.
- Customer — an individual or legal entity (representative of a legal entity) who has agreed to the terms of this Agreement for the purpose of obtaining car rental services and/or reservation and payment for reservation, car rental and other services for the Driver/Client, in accordance with the terms of this Agreement.
- Parties — collective name of the Customer and the Contractor.
- Driver/Client — the person specified in the car rental agreement or the one who signs the rental agreement with the Car Rental Company and receives the car under the acceptance-transfer act. The Driver/Client may simultaneously be the Customer if he makes an order for himself.
- Car Rental Company — an individual entrepreneur who has the appropriate registration documents and permits to carry out activities for providing cars for rent/lease. Directly, the Car Rental Company concludes a car rental agreement with the Client/Driver or Customer and transfers the car to the latter, for which a rental agreement and a car acceptance-transfer act are drawn up. The Contractor is simultaneously a Car Rental Company.
- Owner — a legal or physical person who is the owner or manager of the vehicle that is transferred for rent/lease to the Customer or Driver/Client as a result of the processed order.
- Services — the possibility of reserving car rental services, processing related services through the Website, as well as consulting and information services.
- Car rental / lease agreement — a public agreement concluded between the Car Rental Company and the Customer or Driver/Client.
- Acceptance-transfer act — a document that is drawn up when receiving a car for rent and confirms the actual transfer of the car from the Contractor/Company to the Customer/Driver.
- Website — the Contractor's software available at: www.novarent.com.ua.
- Contractor's payment details — payment details provided to the Customer after booking car rental services, and belonging to the Contractor.
- Payment commission — commission charged when paying through payment systems.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor undertakes to provide the Customer with car rental services after booking it on the Website, processing the necessary documents and confirming payment.
2.2. The service is considered provided and received in full by the Customer from the moment of payment confirmation through the Contractor's details.
2.3. The Customer confirms that he is familiar with the terms of service provision, including the order of processing, the terms of the car rental agreement, the cost of services and other important provisions published on the Website.
2.4. The Customer confirms his legal capacity, including reaching the age of 18 (for individuals) and the legitimacy of using a payment card (if necessary).
2.5. The Customer confirms the accuracy of the data provided when placing an order through the Website.
3. SERVICE COST AND PAYMENT PROCEDURE
3.1. Payment for Contractor services
The Contractor's services for reservation and processing car rental orders are paid and are paid for:
3.1.1. By the Customer or Driver/Client using available payment methods after confirming the reservation of services on the Website, according to the terms specified on the site.
3.1.2. By the Customer or Driver/Client in case of cancellation of the order after the end of the free cancellation period, if the order was not paid earlier. Payment is made according to the rates specified in the rental terms on the Website.
3.1.3. By the Car Rental Company and/or Owner, if the Contractor is not the same person as the Rental Company or Owner, and when the Customer, Driver/Client receive the car for a pre-arranged order through the Website. Payment is made on the basis of an agreement between the Contractor and the Rental Company or Owner.
3.2. Additional payments
When paying for an order, commissions may be charged by banking institutions or payment services. In case the Contractor incurs costs due to such commissions, the Customer is obliged to compensate them in accordance with the terms specified on the Website.
3.3. Refund
If the Customer cancels the order before the transfer of the car and signing the rental agreement, and such cancellation meets the conditions of the Website, the paid funds can be returned without penalties. The refund is carried out according to the rules of payment systems and the terms of this Agreement. At the same time, the Contractor has the right to withhold:
- Commission paid when processing and paying for the order.
- Commission for refunding money through the payment system.
- Taxes, fees and other official payments that are not subject to reimbursement.
3.4. Cancellation and refund terms
The terms within which a refund is possible are specified in the email and/or in the rental conditions on the Website.
3.5. Payment terms
The terms during which the Customer must pay for the order are specified in the email and/or in the rental conditions on the Website.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor undertakes to:
- provide Services in accordance with the terms of this Agreement;
- ensure the possibility of booking and paying for Services through the payment methods specified on the Website;
- provide consultations on using the Website and processed Services.
4.2. The Contractor has the right to refuse to provide Services in case of:
- failure to provide necessary documents (passport and driver's license of the Driver/Client);
- security threats, including driver intoxication or suspicion of such condition;
- suspicion or attempts of fraud or committing other illegal actions.
4.3. The Customer undertakes to:
- comply with the terms of this Agreement;
- provide the Contractor with necessary documents (passport, driver's license) to the email specified on the Website;
- timely receive the car at the location specified in the order and notify the driver specified in the order about it;
- have original documents necessary for concluding the agreement and using car rental;
- familiarize yourself with the rental conditions set out on the Website.
4.4. The Customer has the right to:
- demand from the Contractor the provision of Services in accordance with this Agreement.
5. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE
5.1. The Customer is responsible for the preservation and non-disclosure of information specified during the reservation of Services on the Website and in the car rental agreement.
5.2. The Contractor is not responsible for not providing Services to the Customer in the following cases:
- refusal of the Customer or Driver/Client to sign the rental agreement or car acceptance-transfer act;
- provision by the Customer of inaccurate data during order processing (in particular, incorrect indication of surname, name, date of car receipt, etc.);
- failure to provide passport data and driver's license of the Driver/Client;
- inconsistency of documents that makes it impossible to operate a vehicle (for example, lack of appropriate category in the driver's license, discrepancies in personal data in the passport and license);
- condition of the Driver/Client that does not allow driving a car (alcohol or drug intoxication, influence of medications, etc.). To confirm such a condition, an explanation from a rental company representative is sufficient;
- other reasons not related to the processing of the order and rental agreement on the Website.
5.3. All disputed issues related to receiving Services are resolved based on personal data of the Customer and Driver/Client specified during order processing and payment for Services. If the provided data does not allow identification of the Customer or Driver/Client, the Contractor has the right to refuse to consider disputed issues.
5.4. Disputes arising in connection with this Agreement are resolved through negotiations and subject to the submission of a written application by the Customer through postal communication. Pre-trial settlement is mandatory.
5.5. If the parties do not reach an agreement as a result of negotiations, disputed issues are resolved in accordance with the current legislation of Ukraine.
5.6. All issues not regulated by this Agreement are governed by the current legislation of Ukraine.