PUBLIC OFFER CONTRACT
FOR SERVICES RENDERED
This public offer agreement on rendering compensated services on transportation of passengers and/or cargoes, hereinafter referred to as the "Agreement", defines the relationship between Status Kars LLC, hereinafter referred to as the "Contractor", and a legal entity, an individual entrepreneur or an individual, hereinafter referred to as the "Customer", who has accepted the public offer to conclude the Agreement:
1. Terms and definitions
1. Offer - this Contract-Offer for provision of passenger, cargo transportation services and other services stipulated by this Contract.
2. Acceptance - the Customer's response on acceptance of the offer, expressed in the Order placement on the Executor's website or executed in accordance with the terms and conditions and rules established in this Agreement.
3. Website - information placed in the information and telecommunication network Internet at the address https://status-cars.es/ru, together with a set of exclusive rights (to domain names, databases and programs for electronic computers), the exercise of which provides access to such information.
4. The Customer is a legally capable legal or natural person, as well as an individual entrepreneur, who has made an Acceptance of this Offer. All actions on placing an Order shall be deemed to have been performed by the Customer, unless proven otherwise.
5. Personal Data - information containing personal data of the Customer and received by the Executor when the Customer registers on the Website.
6. The Contractor - Status Kars Ltd. is a legal entity carrying out entrepreneurial activity, registered in accordance with the legislation of Spain.
7. Service - the Contractor's activity on provision of passenger and/or cargo transportation services.
8. Support Service - a department of the Contractor that controls incoming Orders and maintains feedback with Customers and users of the website https://status-cars.es/ru by phone, including WhatsApp and Telegram +34 655 755 555 555 or by e-mail info@status-cars.es.
9. Order - a request for transportation of passengers and/or cargoes made by the Customer on the Contractor's website at https://status-cars.es/ru, by e-mail: info@status-cars.es, as well as via WhatsApp and Telegram: +34655755555.
2. Subject of the contract
2.1 In accordance with the present Agreement, the Contractor undertakes to render services by means of a vehicle with a crew, including services on transportation of passengers, luggage and/or rent of a safe in the vehicle in the order and on the terms and conditions stipulated by the present Agreement, and the Client is obliged to pay for the services rendered to him in the amount and terms corresponding to the terms and conditions of the present Agreement.
2.2 The route and cost of the above services shall be agreed by the parties in the Order.
2.3 The Contractor shall provide services to the Customer by means of a personal vehicle.
2.4 The Customer may use the Safe Deposit Box as an additional option for the purpose of storing the Customer's property, valuables and documents in the Safe Deposit Box.
It is not allowed to store dangerous, inflammable items, narcotic drugs, firearms, explosives, poisonous, radioactive, toxic and poisonous substances, items that require special storage conditions (special temperature, light, humidity), foodstuffs, as well as money, valuables that are obtained illegally and other property that violates the legislation of international law, the European Union and the norms of law of the domestic legislation of the country.
2.5 The Safe Deposit Box shall be leased to the Customer after payment for the Agreement in accordance with the procedure set forth in Section 4 hereof. Signing of this Agreement by the Customer shall mean agreement of the material terms and conditions of the Agreement, receipt of the Safe Deposit Box in proper condition, a set of keys and installation of a personal PIN code, and no acceptance certificate shall be drawn up.
The Customer bears the risks in the transportation of the cargo related to the legal and economic regulation of the transportation of the Customer's property.
3. Procedure for conclusion of the Contract and provision of services
3.1. Conclusion of the Contract on the part of the Customer, i.e. full and unconditional acceptance by the Customer of the terms and conditions of this Contract and all its Annexes, which are an integral part of the Contract, in accordance with the Spanish legislation, is the execution of the Order on the Contractor's website at: https://status-cars.es/ru, as well as via WhatsApp and Telegram.
3.2. The Order placed on the Executor's website at https://status-cars.es/ru, by e-mail: info@status-cars.es, as well as by WhatsApp and Telegram is transferred to the Executor's support service for consideration. The term of consideration of the Order by the support service is 3 working days. During this time the support service sends to the Customer at the e-mail address or via WhatsApp and Telegram. specified by him during the Order, a confirmation of acceptance of the Order for execution, or refusal to execute the Order. The Order is considered to be accepted by the Executor for execution only after the Customer is notified by e-mail.
4. Rights and obligations of the Contractor
4.1. The Contractor has the right to
• refuse to fulfill the Order within three working days from the moment of its execution by the Customer, as well as in case of untimely payment of the Order by the Customer;
• change the terms and conditions of this Agreement, including adjusting the current tariffs, introducing Annexes to the Agreement, publishing notices of such changes on the website https://status-cars.es/ru;
• engage third parties to provide services under this contract;
• in case of failure to vacate the Safe Deposit Box upon termination of this Agreement, demand from the Customer to pay the rental fee in accordance with the Tariffs;
• in case the Contractor has reasons to believe that the Customer's property violates the rules of property storage, as well as if the property was obtained as a result of theft or other criminal way, the Contractor shall have the right to demand from the Customer to present the items contained in the Safe Deposit Box for their inspection by the authorized employees of the Contractor;
• at the same time the Contractor's liability shall be limited if the Contractor has shown good faith, reasonable diligence and admissibility when concluding the contract and the Client has abused the right and misled the Contractor about the maintenance of the property;
• to deny the Customer access to the contents of the Safe Deposit Box on the grounds provided for by the applicable Spanish or international law;
4.28480. The Contractor undertakes to:
• provide the Customer with access to the website https://status-cars.es/ru to place an Order.
• fulfill the terms and conditions listed in clause 2.1. of this Agreement on the terms and conditions specified in the Order on time and in full;
• to ensure the safety and comfort of the Customer's passengers. Traffic safety on the routes of vehicles is ensured by compliance with a set of requirements enshrined in the Spanish legislation;
• not to disclose the information about the Customer, which became known to him during the conclusion and execution of this Agreement.
• To render services by means of a vehicle for transportation of passengers, luggage at the Customer's preliminary request. The application shall be submitted by written message by phone: +34655755555, in Telegram, WhatsApp application;
• Send technically sound, sanitary vehicles for transportation;
• Ensure that drivers who meet the requirements of applicable laws, have the necessary qualifications and neat appearance drive vehicles.
When renting an individual Safe Deposit Box located in the vehicle: Mercedes EQV:
• provide the Customer with a Safe Deposit Box in a serviceable condition after payment of the amounts separately agreed upon by the Parties in the Application;
• provide free access of the Customer to the Safe Deposit Box; access to the Safe Deposit Box shall be provided upon written request. The application shall be submitted by written message by phone: +34655755555, Telegram, WhatsApp, not later than six working hours before the date of service provision;
• provide the Customer with a set of keys to the Safe Deposit Box, as well as the right to set a personal PIN code for the Safe Deposit Box;
• to provide the Customer with a possibility to place property, valuables and documents into the Safe Deposit Box and to remove them from the Safe Deposit Box out of anyone's control, including control by the Contractor;
• to control access to the vehicle where the Safe Deposit Box rented by the Customer is located;
• ensure that no person has access to the Safe Deposit Box without the knowledge of the Customer, except as provided for in this Agreement;
• ensure confidentiality of information about the Customer and his authorized person, as well as about the fact of leasing the Safe Deposit Box, except for the cases stipulated by the legislation;
• For the period of validity of the Contract provide the Customer with the right to access the geoposition of the vehicle; - access to video surveillance of the safe; - access to satellite communication of the vehicle, with the possibility of audio and video call, to an authorized employee of the Contractor;
5. Rights and obligations of the Customer
5.1. The customer has the right to
• cancel the placed Order not later than 24 hours before the beginning of its execution. If the Order is canceled less than 24 hours before the beginning of its execution, the Customer shall pay the Executor 100% of the estimated cost of the Order;
• receive information on the progress of passenger and/or cargo transportation;
• to receive a paper copy of this Contract signed by the Contractor at the Contractor's office at Gran Via de Carles III, 98, 608028 Barcelona. Notification of the need to provide a paper copy of this Contract shall be indicated when placing the Order.
5.31504. The Customer undertakes to
• to familiarize with the contents of this Agreement before placing the Order;
• provide necessary and sufficient information and be responsible for its accuracy;
• to pay for the services rendered by the Contractor in full on the terms and conditions agreed by the parties in the Order, as well as in this Agreement.
6. Cost of passenger transportation and the procedure for settlements
6.1. When placing an Order on the Executor's website by e-mail: https://status-cars.es/ru, by e-mail: info@status-cars.es or by messengers Telegram, WhatsApp, the Executor calculates the cost of services separately and informs it to the Customer in text format. The cost of the order calculated in this way is preliminary and may vary depending on the actual volume of services rendered.
6.2. After the Contractor's support service confirms the Order, the Customer shall pay for the Order not later than 24 hours before the beginning of its execution.
6.3. Payment is made in non-cash or cash.
6.4. In case the actually rendered volume of services exceeds the volume agreed in the Order, the Customer undertakes to pay for the additional volume of services on the date of the Order.
6.5. The cost of services established by the parties may be adjusted during the term of this Agreement by mutual agreement of the parties.
7. Liability of the parties and dispute resolution procedure
7.1. The Contractor shall not be liable in the event of failure to deliver a vehicle when the vehicle is loaded or broken down;
7.2. The Contractor and the Customer shall be released from liability for failure to deliver vehicles or failure to use the delivered vehicles, if this occurred due to:
• force majeure circumstances. Force majeure means extraordinary and insurmountable under the given conditions circumstances preventing the Parties from fulfilling their obligations under this Agreement. They include natural phenomena (earthquake, flood, etc.), circumstances of public life (military actions, states of emergency, major strikes, epidemics, etc.), prohibitive measures of state authorities (prohibition of transportation, currency restrictions, etc.);3
• termination or restriction of passenger transportation in certain directions, established in the manner prescribed by the relevant transportation statute or code.
7.14400. In case of untimely payment by the Customer for the actually rendered services, the Contractor shall be entitled to submit to the Customer a demand for payment of a penalty at the rate of 0.1% of the unpaid amount for each day of delay.
7.14401. The Party that cannot fulfill its obligation shall notify the other Party of the obstacle and its impact on the fulfillment of obligations under the Contract as soon as it becomes aware of such obstacle. Otherwise, the said Party loses the right to refer to the aforementioned obstacles as circumstances excluding liability under this Contract.
7.14402. For non-fulfillment or improper fulfillment of obligations under this contract, the Customer and the Contractor shall be liable in accordance with the current legislation of Spain and the terms of this contract.
7.14403. In everything not provided for in this contract, the Parties shall be governed by the Spanish legislation in force.
7.14404. In case of disputes, the parties will take all measures to resolve them through negotiations. The claim procedure for dispute resolution is mandatory. The term for consideration of the claim is 10 (Ten) working days. In case of failure to reach a mutual agreement, all disputes related to the change, termination or execution of this contract shall be resolved at the location of the Contractor.
8. Confidentiality and protection of the Customer's personal data
8.1. The Customer's personal data is processed in accordance with Spanish law.
8.2. The Contractor shall collect and process the Customer's personal data (namely: surname, name, patronymic, passport data of the Customer; contact phone number, e-mail) in order to fulfill the terms of this Agreement.
8.3. It is not considered a violation to provide information to partners, agents and third parties acting on the basis of an agreement with the Contractor to fulfill obligations to the Customer.
8.4. By placing an Order on the website https://status-cars.es/ru or by written message by phone: +34655755555, by e-mail: info@status-cars.es, Telegram, WhatsApp the Customer agrees to the collection and processing of personal data about himself in order to fulfill the terms of this Agreement, as well as informing the Customer about its services, conducting surveys, monitoring marketing campaigns, monitoring Customer satisfaction, surveying Customers about the quality of services offered on the website https://status-cars.es/ru by making phone calls, sending e-mails, sending e-mail messages to the Customer.
8.5. Processing of personal data means any action (operation) or set of actions (operations) performed with or without the use of automation means with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (including transfer to third parties, not excluding cross-border transfer, if the need for it arose in the course of performance of obligations), depersonalization, blocking, deletion, destruction of personal data (including transfer to third parties, not excluding cross-border transfer, if the need for it arose in the course of performance of obligations), depersonalization, blocking, deletion, destruction of personal data.
8.6. The Contractor has the right to send information, including advertising messages, to the Customer's e-mail and cell phone with the Customer's consent. The Customer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal. Withdrawal of consent to the processing of personal data is carried out by sending a message to the e-mail: info@status-cars.es.
8.7. When collecting and processing personal data of the Customers, the Contractor assures that it does not pursue other purposes than those set forth in clause 8.1 of this Agreement.
8.8. Access to the personal data of the Customers shall only be granted to persons directly related to the fulfillment of Orders.
8.9. The Contractor has the right to record telephone conversations with the Customer to control the quality of service and violations on the part of the Contractor's employees. At the same time the Executor undertakes: to prevent attempts of unauthorized access to the information received during telephone conversations and/or its transfer to third parties not directly related to the execution of orders.
9. Term of validity of the Contract, grounds for its termination
9.1. The Contract shall come into force from the moment of its conclusion by the Customer (in accordance with clause 3.1 of the Contract) and shall expire upon full fulfillment of obligations thereunder by the Parties.
9.2. The Customer has the right to unilaterally withdraw from the Contract on condition of payment to the Contractor for actually rendered services. In this case the Contract shall be considered terminated from the moment of fulfillment by the Customer of his obligations to pay for the Contractor's services.
9.3. The Contractor shall have the right to unilaterally cancel the Contract by notifying the Customer thereof not later than 5 (Five) working days prior to the date of termination of the Contract.
10. Legal address and details of the contractor
Performer:
STATUS-CARS.ES
BANKING DETAILS:
BANCO BILBAO VIZCAYA ARGENTARIA, S.A ES3301821018450204384654
SWIFT BBVAESMMXXX
STATUS CARS EUROPA S.L. N.I.F.B44999050.
CHIEF DIRECTOR KUZNETSOV ILLARION