Contract - Offer with Clients

CONTRACT OFFER RENTAL VEHICLES WITH CREW # 1

 

  Moscow                                                                                                                             Editorial Board dated 07/01/2019

 

This document has legal force in accordance with Art. 434 of the Civil Code of the Russian Federation and is equivalent to the contract signed by the parties.
 

Limited Liability Company "EMPIRE", represented by General Director Alexander Alexandrovich Pavlov, acting under the Charter, hereinafter referred to as the "Landlord", addresses this Offer Agreement (hereinafter referred to as the agreement text) to individuals aged 18 years and legal entities and individual entrepreneurs, as well as representative offices of foreign countries in the Russian Federation (embassies and consulates), hereinafter referred to as “Tenants”, who expressed their readiness to take vehicles with crew (hereinafter referred to as TC stu) for rent in the manner prescribed in paragraph №1 of the present contract.

The contract, according to paragraph 2 of article 437 of the Civil Code of the Russian Federation, is a public offer, the acceptance of which conditions (acceptance) is the performance of actions stipulated by the agreement.

 

1. ORDER OF CONCLUSION OF THE CONTRACT

 

1.1. The Lessee chooses one or several vehicles in the desired city from the available dates (or date range) on the Online Booking section of the “Online Booking” section on the Landlord’s website www.avtoimperiya.com, and becomes familiar with the detailed description of the vehicle (make and model, year of manufacture, color, equipment, photos, etc.), with tariffs and terms of the lease of selected vehicles (minimum order, type of event for which this vehicle can be rented, etc.), if necessary, adds additional services to the order (rental wedding car decorations, services of partners of the Lessor, etc.), and in the case of agreement with all the terms of this agreement, sends a request for the lease of the vehicle through the site (adds the selected items to the "basket" and draws up an application). After receiving the application, the Lessor specifies the possibility of renting the selected vehicles, coordinates the details with the Tenant and issues an invoice for payment.

1.2. The tenant can also select a vehicle and make a rental request on t.-800-222-07-17 (or t. 8-994-7777-007 / on Whatsapp / e-mail or other means of electronic communication), after which The landlord will send him via SMS / Whatsapp / e-mail a link to this offer agreement, published on the website www.avtoimperiya.com/oferta1, together with the details of the order and issue an invoice for the advance payment for the lease of the selected vehicle. In case the Lessee is a natural person, the Landlord shall invoice using the online cash desk in accordance with Federal Law 54 of the RF (using the ROBOKASSA payment service).

1.3. Payment of the deposit by the Tenant is the Acceptance of this offer - full and unconditional acceptance of all the terms of this agreement, and also confirms the refusal to use diplomatic immunity (in the case of foreign embassies).

1.4. This contract is deemed to be concluded for an indefinite period after the Tenant accepts the offer.

 

2. SUBJECT OF CONTRACT

 

2.1. The Lessor provides the Lessee with a temporary use of the vehicle, the name, prices and rental duration of which are indicated in the application when booking on the website www.avtoimperiya.com.

2.2. The Landlord provides the Lessee with services for managing the rented vehicles, the cost of driver services is 5% of the rental price and is already included in the tariff.

2.3. The vehicle is rented to transport passengers of the Lessee, the number of which does not exceed the number of seats.

 

3. OBLIGATIONS OF THE PARTIES

 

3.1. The landlord provides the supply of vehicles in good technical condition at the place and time specified in the application.

3.2. The lessor ensures that the crew complies with the requirements stipulated by the legislation of the Russian Federation, necessary for the safe operation of transport.

3.3. The Lessee has the right to change the time of the car delivery only upon agreement with the Lessor on t. 8-800-222-07-17 no less than 2 days before the commencement date of the vehicle lease.

3.4. The tenant undertakes to pay the planned cost of renting vehicles and driver services according to the application when booking on the website www.avtoimperiya.com, even if the rental time is reduced or the application is canceled.

3.5. The renter and passengers do not have the right to force the driver to violate the rules of the road (parking in the wrong places, speeding, etc.), as well as other laws of the Russian Federation.

3.6. The tenant is liable for damage caused by him or his passengers to the rented vehicle and equipment of the vehicle salons, as well as to downtime due to the impossibility of using the vehicle during repair / elimination of consequences.

3.7. The tenant is liable for damage caused to third parties through his fault, or the fault of the passengers, during the lease of the vehicle.

3.8. The tenant undertakes, in case of any claims regarding the quality of service, to immediately inform about it at t. 8-800-222-07-17 to take measures to eliminate them.

3.9. If it is impossible to deliver the ordered vehicle (breakdown, accident, etc.) on the day of the order, the Landlord undertakes to provide similar vehicles available (of the same class or higher class), having previously agreed with the Lessee, or fully return the deposit for rent not provided vehicles.

 

4. FINANCIAL OBLIGATIONS AND CALCULATIONS OF THE PARTIES

 

4.1. The estimated cost of renting vehicles and driver services is calculated according to the tariffs and order volumes specified in the application. Payment is hourly in the city; for long-distance travel, payment is made for the distance traveled in both directions. The cost of driver services is 5% of the cost of renting a vehicle and is already included in the tariff. Parking is paid by the Lessee.

4.2. When booking a vehicle, the Lessee pays the Lessor, by bank transfer (or by using the online cash desk, if the Lessee is a natural person) a deposit of the specified amount, which is a way of securing obligations under this agreement (according to Art. 329 of the Civil Code of the Russian Federation) and refundable. For long-distance trips, the deposit is 100% of the planned rental price.

4.3. If the planned lease time of the vehicle is exceeded, or the distance traveled is increased, the Landlord calculates the total cost based on satellite monitoring data (GPS / GLONASS), or by waybills or by agreement with the Lessee, at the rates specified in the application when booking, and issues an invoice on surcharge. Tenant - legal entity shall pay it within 24 hours. The tenant - physical person, if necessary, to extend the order, pays the bill before the start of overtime.

4.4. The tenant and the landlord do not sign acts. Full payment confirms that the services are rendered in full, efficiently and on time.

4.5. The cost of renting a vehicle and crew services are not subject to VAT in accordance with paragraph 2 of article 366.11 of the Tax Code, as The landlord applies the simplified tax system.

 

5. ADDITIONAL CONDITIONS

 

5.1. The minimum rental time for each vehicle is indicated when booking at www.avtoimperiya.com.

5.2. For things left in the vehicle, the Landlord is not responsible.

5.3. The Landlord is not responsible for moral and financial damage, injuries and other losses incurred by the Tenant as a result of unforeseen and / or uncontrolled circumstances by the Landlord (traffic jams, actions of the road service, law enforcement agencies, bad weather conditions, etc.) that occurred through no fault of the Landlord.

5.4. In the cabin of the vehicle smoking and uncorking of sparkling wines is strictly prohibited. Drinking alcohol is allowed only in limousines.

5.5. It is forbidden to lean out of the windows and / or hatches of the vehicle and throw anything out of the windows while driving.

5.6. It is forbidden to carry weapons, special equipment, piercing-cutting objects, explosive substances, etc.

5.7. It is forbidden to transport and / or use narcotic, as well as other substances prohibited by law.

5.8. Disrespectful attitude is forbidden (insult, abusive treatment, ignoring comments, etc.)

 to the driver of the vehicle by the passengers, as well as travel in a state of alcohol or drugs.

5.9. In case of violation of the agreed rules for the use of vehicles: drivers stop order fulfillment, report the incident to the security service of the Landlord and law enforcement agencies. In this case, the funds paid by the Lessee are non-refundable. Damage caused to the driver and / or vehicle by the Lessee (or passengers) shall be recovered in a voluntary and / or judicial manner.

5.10 It is forbidden to transfer the vehicle to sublease, as well as to use the vehicle, drivers and contractors without the knowledge of the Landlord.

 

6. RESPONSIBILITY OF THE PARTIES

 

6.1. Pre-trial dispute resolution is required. In case of conflict, the Tenant sends a complaint with a description of the problem to mail@avtoimperiya.com. The Landlord has 30 business days to investigate the claim and response. If the Lessee is not satisfied with the answer of the Lessor, he shall have the right to appeal to the Arbitration Court of Moscow.

6.2. In case of non-fulfillment or improper fulfillment by the Tenant of the terms of this agreement, the Landlord has the right not to provide the vehicle for rent, and the Tenant undertakes to pay the planned rental price of the vehicle in full.
6.3. In case of a delay in the submission of a Transport by the deadline due to the driver’s fault, the order is extended for free by the delay time, and the Lessee is entitled to demand from the Landlord a penalty of 1% of the cost of the rental hour that was not submitted by the vehicle for each hour of delay.

 

 

7. FORCE MAJEURE

7.1. The parties are exempt from liability for failure to fulfill or improper fulfillment of obligations under the Treaty in the event of force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, which are understood as: forbidden actions of authorities, earthquakes, floods, fires, other natural disasters or road accidents, committed by the fault of third parties.

7.2. In the event of these circumstances, the Party is obliged to notify the other Party about it within one day.

7.3. The document issued by the authorized body is sufficient evidence of the existence and duration of the force majeure.

 

 8. AMENDMENT AND TERMINATION OF THE AGREEMENT

 

8.1. The landlord has the right to change the terms of the contract and the offer unilaterally. The changes will take effect from the date of publication on the website www.avtoimperiya.com and will apply to new Tenants.

8.2. The parties are obliged to comply with the terms of the wording of the contract, which was published at the time of the Acceptance (acceptance of the terms of the contract, confirmed by a deposit).

8.3. The Lessee has the right to terminate the contract by notifying the Lessor by e-mail mail@avtoimperiya.com and t.-8-800-222-07-17 and paying in full the planned rental cost of the vehicle with the crew.

8.4. The landlord has the right to terminate the contract and not to lease the vehicle with the crew, in case the Tenant violates the terms of this contract. In this case, the Lessee is obliged to pay in full the planned rental cost of renting a vehicle with a crew.

 

9. CONFIDENTIALITY

9.1. Any information relating to the conclusion and execution of this Agreement, including commercial activities, commercial and technical knowledge and solutions, the software used, which has become known to the Lessor, is confidential and is not subject to disclosure to third parties.

9.2. The Tenant undertakes not to disclose (make available to any third parties, except for the cases when third parties have the appropriate powers by direct law) confidential information of the Landlord, to which he obtained access during the conclusion of this Agreement and in the course of fulfilling obligations arising from the Treaty.

9.3. The tenant must ensure the confidentiality of passengers, or other persons involved in connection with the conclusion and execution of this Agreement and is responsible for their confidentiality regarding the information received.

9.4. The confidentiality obligations of the Parties (clauses 12.1. -12.3.) Shall be fulfilled by the Parties within the term of this Agreement and for 10 years after its termination.

 

10. PROTECTION OF PERSONAL DATA

 

10.1. The tenant agrees to the collection, storage, processing and transfer to third parties (Subtenant, FSO, FSB, MVD, database operators, dispatcher service, etc.) of their personal data (according to Federal Law No. 152).

 

11. REQUISITES:

 

"EMPIRE" LTD.

Legal address: 12 Presnenskaya Embankment, 123112, Moscow, office 4402, item 1

Actual address: 12 Presnenskaya Embankment, Moscow, 123112, office 4402, item 1

INN: 7703437830 KPP: 770301001 OGRN: 5177746252426

Tel .: 8-800-222-07-17 E-mail: mail@avtoimperiya.com Website: www.avtoimperiya.com

General Director - A.A. Pavlov

PJSC SBERBANK MOSCOW

R / S:40702810538000135460 BIC:044525225 K / S:30101810400000000225

РРР:

Bank's name:

TOCHKA PAO BANK "OTKRITIE FC" City: Moscow

BIC: 044525999

Settlement account: No. 40702810901500017345

Correspondent account: 30101810845250000999

$$$:

Beneficiary customer:

EMPIRE Ltd.

Address:

nab PRESNENSKAYA, DOM 12, of 4402 POM 1 ET 44, MOSCOW, RUSSIA

Account number:

40702840601500003700

 

Beneficiary bank:

BANK OTKRITIE FINANCIAL CORPORATION (PUBLIC JOINT-STOCK COMPANY)

City, country:

BLD.4 LETNIKOVSKAYA STREET 2, MOSCOW, RUSSIA

SWIFT: JSNMRUMMXXX

 

€€€:

Beneficiary customer:

EMPIRE Ltd.

Address:

nab PRESNENSKAYA, DOM 12, of 4402 POM 1 ET 44, MOSCOW, RUSSIA

Account number:

40702978401500002954

 

Beneficiary bank:

BANK OTKRITIE FINANCIAL CORPORATION (PUBLIC JOINT-STOCK COMPANY)

City, country:

BLD.4 LETNIKOVSKAYA STREET 2, MOSCOW, RUSSIA

SWIFT: JSNMRUMMXXX

¥¥¥:

Beneficiary customer:

EMPIRE Ltd.

Address:

nab PRESNENSKAYA, DOM 12, of 4402 POM 1 ET 44, MOSCOW, RUSSIA

Account number:

40702156001500000343

 

Beneficiary bank:

BANK OTKRITIE FINANCIAL CORPORATION (PUBLIC JOINT-STOCK COMPANY)

City, country:

BLD.4 LETNIKOVSKAYA STREET 2, MOSCOW, RUSSIA

SWIFT: JSNMRUMMXXX

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