Käyttöehdot

By registering as a customer on the website autolevi.ee (hereinafter the Website) or by making an offer or booking through the Website, you confirm that you have acquainted yourself with and agreed to the terms and conditions of this customer contract (hereinafter the Terms and Conditions) and undertake to fulfil the following obligations. The Terms and Conditions shall apply to all legal relations established between persons who have registered as customers on the Website or who enter into contracts through the Website (hereinafter the Customer) and Autolevi OÜ, the owner and administrator of the Website (hereinafter Autolevi).

I Definitions

1.1. Autolevi – Autolevi OÜ, registry code 12547241, address Tartu mnt 50, Tallinn 10115, contact details: info@autolevi.ee

1.2. Website – autolevi.ee, which belongs to Autolevi.

1.3. Services – all services which Autolevi enables the Customer to use through the Website. The Services do not include the rental of vehicles (i.e. Autolevi is not a party to that contract), the enforcement of the contract nor making an offer to use or rent out a vehicle.

1.4. Terms and Conditions – the terms and conditions under which Autolevi provides Services to the Customers.

1.5. Price List – prices published on the Website in a durable medium, which serve as the basis for providing services to the Customers of Autolevi.

1.6. Users – Customers and other persons visiting the Website.

1.7. Customer – a person who has registered on the Autolevi Website or who makes an offer or booking through the Website.

1.8. Renter – a Customer who rents a car from the car owner.

1.9. Owner – a Customer who rents out a car to a Renter.

1.10. Vehicle – a vehicle which one Customer rents out to another Customer for a fee.

1.11. Advertisement – a Customer’s invitation to make an offer.

1.12. Offer – a declaration of the Customer’s intent to enter into a contract to rent a vehicle;

1.13. Booking – the Owner’s acceptance to enter into a contract to rent out a vehicle. The Booking shall take effect (become valid) once the payment has been received at the bank account of Autolevi. Once the Booking has taken effect, the contract shall be deemed to have been entered into.

1.14. Contract – a contractual obligation under which the Owner rents out a vehicle to the Renter for a fee.

1.15. Security Elements – a unique username and password(s), PIN calculator, ID-card, Mobile-ID or a similar device provided to the Customer under terms specified by Autolevi which a User uses to enter the Website as a Customer or which Autolevi uses to identify the Customer.

1.16. Account – an account provided to the Customer by Autolevi through which the Customer can use Autolevi’s Services. The Account shall be opened for an unspecified term, unless Autolevi and the Customer have agreed otherwise.

II General Terms and Conditions

2.1. Autolevi shall provide the Users with the Website, which they can visit free of charge and which the Customers can use to invite others to make Offers to rent their Vehicles and to rent out Vehicles to other Customers for a fee.

2.2. The Customers publish Advertisements and enter into Contracts on their own responsibility and of their own free will without any influence, intervention or mediation on part of Autolevi; the Customers are aware of the risks, rights and obligations associated with publishing an Advertisement and entering into a Contract and are independently responsible for the performance of Contracts they have entered into.

2.3. Autolevi shall ensure that the payment made by the Renter reaches the Owner after the Vehicle rental period, every Monday.

2.4. Autolevi is not responsible for the performance of Contracts entered into through the Website, nor the quality (including the technical condition of the Vehicles, technical inspection and proof of existing insurance, etc.) or quantity of Vehicles rented out under these Contracts. The Owner and the Renter are responsible for the performance of the Contract. Autolevi is responsible for the appropriate provision of Services.

2.5. Autolevi is not responsible for the accuracy and lawfulness of any information published by the Customer on the Website; however, Autolevi undertakes to remove any misleading or incorrect information within one working day of becoming aware of such information. In case a User becomes aware of incorrect information, the User is obligated to notify Autolevi of this immediately.

2.6. Autolevi is not responsible for the unpleasant or unlawful behaviour of any Customer, neither upon publishing an Advertisement nor upon entering into or performing a Contract.

2.7. Autolevi shall not take part in any Contracts entered into by the Customers nor be a party to any such Contracts. Autolevi shall not act as a representative, agent, broker, commission agent, etc. on behalf of any Customer.

2.8. All exchange of messages and information between the Customer and Autolevi shall take place in an electronic form via Autolevi and via the contact details published in the Terms and Conditions or on the Website. The User may not publish his or her contact details in the Offer, in the Advertisement or anywhere else before entry into the Contract.

2.9. Bookings made through the Autolevi Website cannot be completed outside the Autolevi Website. Infringement of this term may result in the imposition of a contractual penalty or the removal of the User from the Autolevi Website.

2.10. The Website and copyright on all its content belong to Autolevi. By publishing copyrighted works of the Vehicles on the Website, the Customer transfers the author’s economic rights to Autolevi free of charge for the period during which the Customer makes the respective works publicly available through the Website. Autolevi has the right to use the works published by the Customer in any manner and to authorise or prohibit the use thereof, including the right to reproduce, distribute or translate the works, compile them into collections or databases or make the works available to the public.

2.11. Autolevi shall notify the Customer of amendments to the Terms and Conditions via the Customer’s e-mail address and via the Customer’s Account.

III Rights and Obligations of Customer

3.1. The Customer has the right:

3.1.1. to carry out all transactions and operations enabled by Autolevi on the Website on the Customer’s own responsibility and in compliance with the law, good practices and the Terms and Conditions;

3.1.2. to obtain information concerning transactions and operations carried out on the Customer’s Account;

3.1.3. in case of disagreement with amendments to the Terms and Conditions, to close the Account within thirty days of being notified of the amendments. If the Customer does not close the Account within this period, the Customer shall be deemed to have agreed to the amendments to the Terms and Conditions;

3.1.4. to close the Account at any time without prior notification, upon which the contract between the Customer and Autolevi shall be deemed to have been terminated. Upon termination of the contract, any mutual claims which have not yet fallen due shall fall due immediately.

3.2. The Customer is obligated:

3.2.1. to provide entirely accurate personal data upon registering as a Customer on the Website, including registering with the Customer’s real and full name and personal identification code or registry code and using a valid e-mail address and other means of communication;

3.2.2. to disclose the Customer’s bank account number to Autolevi for bank transfers;

3.2.3. in case of any changes in the Customer’s personal data, to notify Autolevi of these changes or to update the personal data on the Customer’s Account within five working days of changes in the personal data;

3.2.4. not to use the Website for any unlawful transaction(s) or fraud(s);

3.2.5. to provide entirely accurate information while using the Website, including accurate data regarding Vehicles (i.e. data which adequately and fully describes the condition of the Vehicle) which is sufficiently precise to enable making an offer;

3.2.6. to specify the bases of price formation upon preparing an Offer or publishing an Advertisement;

3.2.7. not to allow any third persons to use the Customer’s Account;

3.2.8. to pay a fee to Autolevi according to the Price List;

3.2.9. to notify Autolevi of any errors and unauthorised operations and transactions on the Customer’s Account;

3.2.10. to publish Advertisements concerning only such Vehicles which the Customer has the right to rent out and to ensure the existence of the right to rent the Vehicle out throughout the period of validity of the respective Advertisement;

3.2.11. to ensure that the data (any information) provided by the Customer while using the Website:

3.2.11.1. is not misleading, inaccurate and/or incorrect;

3.2.11.2. does not contain Offers to rent prohibited vehicles or vehicles in restricted commerce without a special permit;

3.2.11.3. does not infringe upon property rights or moral rights of third persons (including intellectual property rights);

3.2.11.4. is not contrary to applicable law or good morals;

3.2.11.5. does not contain viruses or any other computer programs or files which interfere with, damage or in any other way disturb the normal use of the Website and/or which may, as a result of using the Website, be saved to the Customer’s computer and/or interfere with, damage or in any other way disturb the normal functioning thereof;

3.2.11.6. does not contain any advertisements of other persons (including references to websites, etc.) nor any direct or indirect invitations to use the services of third persons, except in the case of written consent of Autolevi.

3.2.12. to store the username and password for the Website in such a way to avoid unauthorised third persons gaining access thereof;

3.2.13. to immediately notify Autolevi of any data and circumstances which have changed compared to those provided upon registration as a Customer on the Website;

3.2.14. to immediately notify Autolevi of loss of the username or password granted for using the Website or in the event of unauthorised third persons gaining access to the username or password.

3.2.15. Once a Booking has taken effect, the Customer is not permitted to modify the description or content of the Offer. Only such an Offer may be modified for which a Booking has not yet taken effect. The Customer may supplement or modify the offer, i.e. add photos, explanations, etc., but may not increase the price or make any amendments that worsen the terms and conditions once a Booking has been made.

3.2.16. Customers are obligated to consent to the use of the Autolevi deposit system upon performance of Contracts entered into.

3.2.17. Customers agree to and are obligated to enter into Contracts through the Website and provide at least the following personal details upon creating an Account: name, personal identification code, telephone number, e-mail address, bank account number. The Customers are aware of and consent to Autolevi having the right to process the personal data listed in this clause for the purposes of, inter alia, deciding whether to enter into a contract with the Customer and assessing the creditworthiness of the Customer in the credit register administrated by AS Creditinfo.

3.2.18. Identification of the Customer and performance of operations on the Website shall take place through the Security Elements. The use of the Security Elements for the performance of operations by the Customer shall be considered equal to the performance of operations by the Customer or the Customer’s legal representative.

3.2.19. The Customer accepts that all operations which have been performed using the Security Elements shall be applicable to Autolevi and shall be enforceable (this includes them being authorised within the meaning of the Law of Obligations Act), unless stated otherwise in the mandatory rules of the Act.

3.2.20. Customers agree to information being exchanged electronically via the Internet. Upon registering as a Customer, the user consents to the exchange of information by e-mail in unencrypted form.

3.2.21. The Customer agrees that any amendments to the Terms and Conditions shall be notified by e-mail and by sending a message to the Customer’s Account. The Customer agrees to be deemed to have been notified when Autolevi has sent an e-mail to the Customer’s e-mail address and sent a message to the Customer’s Account.

3.2.22. In accordance with § 37 (6) of the Value-Added Tax Act, the Customer hereby consents to Autolevi issuing invoices by electronic means to the Customer’s e-mail address or Customer Account.

3.2.23. Autolevi has the right to send free circulars, questionnaires for assessing service quality and customer satisfaction and promotional materials to the Customer. The Customer may prohibit or restrict the sending of the aforementioned information at any time.

3.2.24. With each operation the Customer performs on the Website, the Customer confirms that

3.2.24.1. the Customer is a person with active and passive legal capacity who has the right to carry out the transactions enabled on the Website;

3.2.24.2. the Customer duly fulfils all the obligations set out in the Terms and Conditions;

3.2.24.3. the Customer is aware that Customers enter into all Contracts without any intervention or mediation by Autolevi and that Customers are fully responsible for the performance of such Contracts themselves;

3.2.24.4. the Customer is aware that making an Offer may entail a binding obligation and that in case of failure to perform such an obligation, the Customer is liable for non-performance and the injured Customer has the right to resort to legal remedies at their own discretion;

3.2.24.5. the Customer is aware that the obligation to declare and pay all taxes applicable to the transactions related to using the Services lies on the Customer and that neither Autolevi nor other Customers shall declare or pay taxes for the Customer;

3.2.24.6. the Customer is aware of risks associated with the transmission of electronic mail: messages may disappear and confidential and personal information may be intentionally or unintentionally altered, stolen or disclosed to third persons. Autolevi is not liable for the materialisation of such risks.

3.2.24.7. upon accepting the Terms and Conditions, neither the Customer nor Autolevi intend to create any other legal relations other than those explicitly stated in the Terms and Conditions;

3.2.24.8. the Customer is aware that if third persons should gain access to the username and password granted for using the Website, such third persons shall be able to enter into binding commitments on behalf of the Customer, that the Customer shall be liable for performing such obligations and that Autolevi is not obligated to perform any additional verification (i.e. in addition to the username and password) of the Website user’s identity.

3.2.24.9. the Customer is aware of and consents to Autolevi having the right to process the Customer’s personal data, which includes the data the Customer provides upon creating an Account (i.e. name, personal identification code, address, telephone number, e-mail address, bank account number) and the Customer’s communication with other persons through the Autolevi Website, in accordance with the legislation and conditions applicable in the Republic of Estonia, and that without infringing the obligation of secrecy, Autolevi has the right to save or process data of general nature provided by the Customers in its databases, customer relations or document management systems and payment and accounting systems. Additionally, it may be necessary for Autolevi to collect, store and use information concerning the Customer or the Customer’s representatives for the purposes of the provision of legal services, for organisational purposes (e.g. administrating, updating and using the contact database, etc.), for administrating internal databases or customer relations systems or for fulfilling its duties arising from law. Autolevi has the right to transfer the Customer’s data to another party to the Contract or third persons upon the existence of a legitimate interest, which shall be identified, verified and the transfer of data registered by Autolevi. The Customer may, at any time, prohibit or restrict such data processing as described above. The revocation of consent shall have no retroactive effect.

3.2.24.10. Autolevi has the right to deduct fees payable according to the Price List from payments for Bookings made to the Customer.

3.2.24.11. The Customer shall not publish or exchange their personal details with other Users through the Autolevi Website or in any other manner. Infringement of this term may result in the imposition of a contractual penalty or the removal of the User from the Autolevi Website.

IV Rights and Obligations of Autolevi

4.1. Autolevi has the right to determine whether a User shall be allowed to register as a Customer.

4.2. Autolevi has the right to lay down the Price List and the Terms and Conditions for the provision of the Service and amend these at any time.

4.3. Autolevi has the right, without prior notification and at its own discretion, to restrict or terminate the Customer’s right to use the Website, including the right to modify the information the Customer has published on the Website or to close an Offer or the Customer’s Account and to restrict this person from registering as a Customer again if the Customer:

4.3.1. infringes upon the Terms and Conditions or upon the Customer’s obligations arising from the Terms and Conditions, including failure to pay Autolevi in accordance with the Terms and Conditions and the Price List;

4.3.2. has provided incorrect, misleading and/or inaccurate information upon registering as a Customer or using the Website;

4.3.3. knowingly and intentionally spreads false information on the Autolevi Website, offends other persons in any way or behaves improperly;

4.3.4. publishes Offers which are contrary to good morals or applicable law;

4.3.5. incites hatred or spreads political calls for action on the Website;

4.3.6. aims their intention at non-performance or incomplete performance of the Contract;

4.3.7. is deceased or terminated (liquidated);

4.3.8. a competent national authority requires the Account to be closed or a corresponding obligation is imposed by a court judgment.

4.4. If the User has incorrectly entered the Security Elements on the Website, Autolevi has the right to block the User from accessing the Website until the circumstances have been ascertained.

4.5. Autolevi has the right to block the User from accessing the Website until the circumstances have been ascertained if Autolevi has become aware of any fact from which it could reasonably be assumed that a person without the right to use the Website has gained access to the Security Elements or if the use of the Website may be connected to fraud on part of the Customer or User or if any other grounds for blocking the user specified in the Terms and Conditions arises.

4.6. If the Customer has received a negative review from another Customer, Autolevi has the right to temporarily suspend the Customer Account from making Offers. The Customer has the right to dispute the restriction of the use of their Account by sending a complaint to Autolevi. Autolevi’s decision shall be final.

4.7. Autolevi shall notify the Customer of closing the Customer’s Account by e-mail or by showing a corresponding message when the Customer attempts to log in to their Account. Autolevi shall notify the Customer of closing or modifying their Offer.

4.8. Autolevi has the right to monitor activity on the Website at any time and to verify the compliance of the Customers’ and Users’ operations with the law and with the Terms and Conditions.

4.9. Autolevi has the right to save any orders the Customer has given in whatever form.

4.10. For the purposes of making the Website more convenient to use, Autolevi has the right to re-organise data in the Customers’ Offers on the Website at all times without modifying the content of such Offers.

4.11. Autolevi has the right to charge a fee for using the Services from the Customer according to the Price List.

4.12. Autolevi has the right to impose on the Customer a contractual penalty for infringement upon the Terms and Conditions according to the Price List.

4.13. In the event of a delay in the performance of an obligation, Autolevi has the right to demand payment of a penalty for late payment according to the Price List applicable at the time of the obligation falling due.

V Processing of Personal Data

5.1. Autolevi has the right to process, for such purposes and within such limits as set out in the Terms and Conditions, data which Autolevi has received from the Customer upon their registration as a User on the Website, which it has requested from the Customer throughout using the Website or which is disclosed in any other manner throughout using the Website (hereinafter the Data).

5.2. The Customer consents to Autolevi processing the Data for such purposes and within such limits as set out in the Terms and Conditions. The Customer has the right to revoke this consent at any time and to demand for the processing of Data to be discontinued and for the Data gathered to be deleted, as well as for their Account to be deleted. The revocation of consent shall have no retroactive effect. Autolevi shall store the Customer’s personal Data for as long as the customer contract remains in force or for as long as it is necessary for the provision of Services to the Customer. After the customer contract with the Customer has been terminated and the limitation period for the submission of claims relating to the customer contract has expired, the personal Data of the respective Customer shall be deleted.

5.3. The Customers and Users are aware of and agree to Autolevi saving information which the computer of the Customer or User forwards to Autolevi during the use of the Website.

5.4. The Customers and Users are aware of and agree to Autolevi having the right to use cookies.

5.5. If technically possible and if the parties have agreed as such, Autolevi is obligated to use encrypted data communication solutions for the transmission of information.

5.6. Autolevi shall gather and save the Data in electronic form and may extract the Data in another form if necessary.

5.7. Autolevi shall use the Data for the provision, development and personalisation of the Services.

5.8. Autolevi shall not transfer or disclose the Data to any third persons, except in the cases set out in the Terms and Conditions or by law.

5.9. Autolevi has the right to use the Data itself and transfer it to third persons authorised by Autolevi upon cooperation with such persons, with the aim of ensuring the quality and availability of the Services and also of broadening, improving and in any other way developing the Services.

5.10. In the cases set out in the Terms and Conditions, Autolevi has the right to transfer the Data to persons engaged in debt collection (collection agencies, law firms, etc.), and in case payment is delayed for more than 365 days, to publish the debtor’s data on the Website.

5.11. In the cases set out in the Terms and Conditions, Autolevi and the persons set out in the preceding clause of the Terms and Conditions have the right to transfer the Data to companies which administrate credit registers, such as Krediidiinfo, etc., and such persons may process the Data for the purposes of making credit decisions in the credit registers administrated by the respective persons.

5.12. Autolevi has the right to transfer the Data to another Customer if the Customers in question have been involved in negotiations or have entered into a Contract.

5.13. Autolevi shall not be held liable if the Customer’s Data is disclosed to third persons for reasons pertaining to the Customer.

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