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1.1 This vehicle rental and service provision terms and conditions (hereinafter referred to as “Terms”) of Spaceship, SIA, a company incorporated under the laws of Latvia, with registry code 40203300224, registered at the address Raina street 97 – 30, Jurmala, Latvia (hereinafter referred to as “OX Drive”), shall regulate the procedure for registration of the User (as defined below) of OX Drive Mobile Application (as defined below) and Website (as defined below), the use of vehicles, vehicle operation conditions and liability, settlement procedure and other relevant issues.
1.2 Prior to the use of the Services (as defined below) provided by OX Drive, the User shall:
1.2.1 Read and understand these Terms and agree to them by clicking the “accept” button at the time of registration on the Mobile Application; and accept the rental terms and conditions on the Website. In the interest of transparency, at the time of registration in the Mobile Application or by the start of Services, User confirms that all information provided to them is entirely comprehensible, and that they fully agree to these Terms. If a User does not agree to these Terms, the User may not use the Services.
User commits to:
1.2.2 provide any and all relevant personal data, information, and documents at the request of OX Drive.
1.3 Should the User have any questions regarding these Terms or use of the Services, the User should contact OX Drive at: hello@oxdrive.lv, +371 20045699.
1.4 To avoid any uncertainty, these Terms constitute a legally binding agreement between OX Drive and User, relating to the use of Services by User. User shall have a legal relationship solely with OX Drive and User is fully aware that OX Drive is not in any way affiliated with Tesla, Inc. (formerly Tesla Motors).
2.1 As used in these Terms, unless expressly stated otherwise or evident in the context, the following capitalised terms and expressions shall have the following meanings:
2.2 “Pricelist” refers to the Service fees, fines, amounts of losses, other fees and charges published on the Website and Mobile Application. The Pricelist forms an integral part of these Terms and Conditions.
3.1 The User shall be entitled to use the Services provided by OX Drive once the following steps have been completed: registration in the Mobile Application, provision of all personal data, information and documents requested by OX Drive, and accepting these Terms.
3.2 Upon registration in Mobile Application or Website, User shall indicate their phone number and email which shall be deemed to be the User’s identification number, and which shall be used for later logins to the Mobile Application.
3.3 The User requesting use of Services must (i) be a natural person at least twenty-one years old and (ii) have a valid driving licence for at least two years in full force and effect and issued by the relevant authority of a member state of the European Union, Iceland, Liechtenstein, Norway, the United Kingdom, the United States of America, the Swiss Confederation or Canada, allowing them to drive motor vehicles independently. Additionally User must provide OX Drive photos of both their face and driving licence to enable OX Drive to confirm the facial similarity of the User and verify the validity of their driving licence, a process which may be performed by a third-party service provider (such as Veriff) in accordance with the procedure within Mobile Application. Data processing by service providers or third parties can be implemented in compliance with the terms of the Privacy Policy available in the “Privacy Policy” section of our website. The User may be required to accept the terms and conditions of the third-party service provider in order to engage OX Drive Services.
3.4 Once OX Drive has concluded all relevant User identification and verification checks, OX Drive shall grant the User temporary rights to use and operate Vehicle, whereas the User shall use the Vehicle in accordance with these Terms and subject to payment of the applicable Service Fees.
3.5 Following Successful registration in the Mobile Application, User shall be provided with login access to the Mobile Application which permits the User to use the Services available through the Mobile Application. The login details to the Mobile Application shall be personal to the User and cannot be disclosed by the User to any party..
3.6 The User shall immediately notify OX Drive in accordance with section 1.3 if their login details are lost or have become available to third-parties. Upon receipt of notification by User, OX Drive shall immediately block User’s access to Mobile Application and expenses, damages and other losses incurred by the User and/or OX Drive prior to User providing such notification to OX Drive, shall be assumed by the User.
3.7 The User shall notify OX Drive immediately of any changes in their personal data (including name, surname, address, personal identification number, date of birth) and any changes with their driver’s licence before continuing use of Services. Any expenses, damages and other losses incurred by the User and/or OX Drive prior to User providing such notification to OX Drive, shall be assumed by User.
4.1 During the Vehicle Use Period, User shall be fully liable for the safety and security of Vehicle.
4.2 The User shall assume full liability for violations of any and all legal acts and damages caused to third parties during Vehicle Use Period, with the following exceptions, where:
4.2.1 such violations were committed, or damage was caused at the fault of OX Drive;
4.2.2 other legitimate grounds exist limiting or eliminating liability of User (such as proven force majeure, actions of the state, etc.). For the sake of clarity, it is hereby clarified that a collision with an animal (forest animals, etc.) while driving the Vehicle is not considered a force majeure.
4.3 The User shall not be held liable for any failures of the Vehicle which arise in the course of normal operation of the Vehicle, and are caused by prior use, operation, or normal wear and tear, and if User immediately notifies OX Drive, directly by phone, and complies with the instructions given by OX Drive.
4.4 The User shall assume any damage to his/her personal items and devices, including clothing, and other belongings stored in the Vehicle or during use of Services, unless such damage has occurred by intention or gross negligence of OX Drive.
4.5 In case of loss of Vehicle, User assumes payment of OX Drive fine indicated in Price List and compensation for all losses not covered by that fine, to OX Drive. The User, after payment of fine and all compensation to OX Drive, shall not acquire ownership of Vehicle. OX Drive will use its best labours and attempts to recover Vehicle.
4.6 Fines indicated in these Terms and Conditions and/or Price list shall be considered OX Drive’s minimum indisputable losses, including potential damage to OX Drive’s goodwill, trademark, trade name, corporate and social integrity, and reputation, as well as to OX Drive’s brand image caused by unlawful and irresponsible actions by the User. Any fines issued to User under these Terms and Conditions are intended to cover and compensate losses incurred by OX Drive and cannot be considered punitive penalties, even if defined or referred to as “Fines”. Payment of fines or default interest shall not release User from duty to compensate for all other losses to OX Drive, not covered by that fine. In any event, levy of fines provided for herein, shall not release User from his duty to fulfil the established obligations.
4.7 The User shall pay a fine to OX Drive if, due to the fault of the User, the Vehicle or its accessories (e.g., vehicle key, charging cable) or Asset is damaged, destroyed or lost, or OX Drive incurs other damages, or User breaches his/her obligations under these Terms and Conditions, as specified in the Pricelist.
4.8 The User is obliged to pay OX Drive fines in accordance with the Price List for:
4.8.1 irreparably damaging a tire;
4.8.2 smoking in the Vehicle;
4.8.3 unlawful use of Charging Card (see Section 5.29.4);
4.8.4 for unauthorised dangerous or reckless driving;
4.8.5 for driving under the influence of alcohol, drugs and/or other psychoactive substances;
4.8.6 for permitting another person to use his/her OX Drive Account or rented Vehicle;
4.8.7 transferring your OX Drive account to another person without the written consent of OX Drive;
4.8.8 leaving the scene of an accident and/or not reporting it to OX Drive and the relevant state authorities;
4.8.9 for other violations and breaches, as indicated in the Pricelist.
4.9 Fines and levies shall be published in Pricelist, available on Website and Mobile Application.
4.10 In order to record and prove violations of laws and/or regulations, OX Drive has the right to take photos, make videos and audio recordings of the Vehicle, the User and/or third parties and their actions, as well as audio recordings from the OX Drive customer service centre, in compliance with the requirements of binding laws and regulations on personal data processing and the terms of the privacy policy specified in the “Privacy Policy” section on the Website. For the sake of clarity, the parties acknowledge that information and facts recorded in this way may be used as evidence in possible legal or other proceedings to record evidence, protect property or other rights and legitimate interests, or achieve other legitimate goals.
4.11 In case of an accident caused by User, User shall be obliged to pay OX Drive a fixed amount, indicated by the Pricelist. This sum may be automatically debited from User’s Payment Account immediately following the discovery of the accident and duly recorded, and the User, notified (via Mobile Application or otherwise) in advance. In case actual losses to OX Drive are lower than the debited amount, OX Drive shall transfer the difference to User‘s Payment Account, within 14 calendar days from the moment the amount of actual losses has been determined and the User notified.
4.12 To the extent not covered by levies payable by User to OX Drive (including those specified above in Section 4.10), User shall compensate all damages suffered by OX Drive through fault (intent or gross negligence) by the User in the following cases:
4.12.1 as a result of failure to comply with the traffic rules and/or terms and conditions for the use of Vehicle;
4.12.2 as a result of false data or information, provided by the User upon registration;
4.12.3 if the User transferred his account for use to another person without the written consent of OX Drive;
4.12.4 as a result of use of Vehicle for purposes for which it is not designed or intended;
4.12.5 as a result of operation of Vehicle by an unauthorised person;
4.12.6 where the User is not entitled to operate a Vehicle of such classification or not entitled to operate Vehicles;
4.12.7 as a result of operation of Vehicle while under the influence of alcohol, drugs and/or other psychoactive substances;
4.12.8 as a result of failure to comply with the demands of traffic police or other competent authorities;
4.12.9 where the User uses the Vehicle for participating in any competition, criminal activities;
4.12.10 as a result of loading of goods to Vehicle or unloading from Vehicle;
4.12.11 as a result of damage or loss of Vehicle;
4.12.12 as a result of any and all staining, scratching, tearing, and damaging to the interior (and equipment, such as charging cable) or exterior of Vehicle caused by User, passengers or pets, and other destruction or damage to the Vehicle, and its components;
4.12.13 where the User fails to report the traffic accident to the police, fire service and/or other competent authorities;
4.12.14 where the competent authorities levy fines, taxes, duties, penalties or other charges or sanctions to OX Drive;
4.12.15 as a result of violation of other applicable legal acts.
4.13 If, in the course of use of Vehicle, its interior or exterior becomes more dirty than is ordinary after such use, the User shall be obliged to pay fees indicated in Pricelist, and if such fees are not indicated, then the costs for washing and cleaning of Vehicle will be incurred by User.
4.14 In case User violates the applicable Road Traffic Regulations while using Vehicle, OX Drive is entitled to charges User the fine applied and administration fee (indicated in Pricelist). The administration fee compensates OX Drive’s expenses related to the violation and its management (including communication with the public authorities); the fine imposed under the Road Traffic Regulations shall be paid by User.
4.15 User may also be obliged to pay these additional fees:
4.15.1 for the reissue/correction of the VAT invoice (see Section 6.11 below);
4.15.2 OX Drive Account renewal fee.
4.16 Other additional fees may be stated in Pricelist.
4.17 OX Drive shall automatically debit the amount of fines and/or additional fees specified in Pricelist from the linked Payment Account. The User’s Payment Account will be debited immediately after the violation is detected, duly recorded, and the User is notified (via Mobile Application or otherwise) in advance.
4.18 In case of OX Drive’s losses provided for in Section 4.11 above, the amount of these losses shall be debited from the User’s Payment Account or shall be paid by the User in 7 (seven) days from the moment the damage was detected, calculated and the User notified of losses. The User may raise his/her objections to the fact and/or amount of losses during the above-mentioned 7-day term.
4.19 In cases set out within the rules of the insurance company which has insured the Vehicle, when the insurance company compensates for damages, it acquires the right of recourse in collection of the total pay-out insurance benefit from User.
4.20 In cases of liability on the part of User (or circumstances giving rise to liability on the part of User), OX Drive shall also be entitled to immediately and for an indefinite period, suspend the provision of Services to the User, block access to User Account, block powering of Vehicle, block unlocking of Vehicle, and repossess Vehicle without further notice.
4.21 User shall comply with the requirements of the insurance terms, established by the company which has insured the Vehicle, as applicable. The insurance terms shall be published on the Website.
4.22 OX Drive shall be held liable for performance of the obligations provided for herein and shall indemnify the User against direct losses caused by the lack of or improper performance of its obligations.
4.23 To the extent such liability limitation is allowed by the applicable law, OX Drive shall not be held liable for:
4.23.1 damages suffered by User as a result of delay related to use of Services;
4.23.2 damages caused by User to third parties while using Services;
4.23.3 harm to User’s health or life, suffered while using Services;
4.23.4 any indirect losses;
4.23.5 losses, exceeding the price of Services that were not provided or were provided inappropriately.
4.24 If OX Drive fails to ensure proper provision of Services to the User hereunder (i.e. Vehicle is not found in specified Parking Area or Vehicle cannot be operated), after User notifies OX Drive by phone, OX Drive shall undertake, at OX Drive’s discretion: (i) to indemnify User against taxi costs, agreed to by phone and not exceeding the amount indicated in Pricelist (costs shall be compensated by applying a discount for the next use of Services, or the costs shall be reimbursed by direct payment to User’s Payment Account), or (ii) by delivery of another Vehicle to the User within one hour.
4.25 OX Drive shall not be held liable for User’s losses incurred by him/her as a result of their incapacity to use Vehicle in the event of an accident or for other reasons beyond OX Drive’s control.
4.26 The amount compensated to User by OX Drive (agreed upon by the parties or established by the competent authority) shall, at the request of the User, be included in a future invoice and/or future payments or directly transferred to User’s Payment Account.
5.1 OX Drive shall undertake to ensure that Vehicle is in good functional condition and is suitable for use and operation.
5.2 Faults or malfunctions, which do not have an impact on traffic safety and shall not pose any immediate impact as well as defects which are not the result of improper maintenance of Vehicle, shall not be deemed as defects.
5.3 The User shall undertake use of Services in accordance with the provisions of these Terms and Conditions and act as an honest, reasonably cautious, prudent, and informed person.
5.4 When using the Services, the User shall, among other things:
5.5 comply with Vehicle operation requirements established by the manufacturer of Vehicle and indicated by Vehicle manuals/instructions, as well as the tutorials and instructions available on the Website and Mobile App;
5.6 comply with OX Drive’s instructions and recommendations set out in these Terms and Conditions, Mobile Application and Website.
5.7 strictly comply with Road Traffic and Safety Regulations;
5.8 not be entitled to use of Vehicle for racing or any other sport or racing related purpose, use as a training vehicle, or use of Vehicle at a continuously increased load or carriage of heavy goods, use for towing of other vehicles, use Vehicle for the purposes for which it is not adapted or designed, use Vehicle for carrying out activities prohibited by laws;
5.9 comply with requirements of other applicable legal acts;
5.10 comply with Vehicle operation requirements which are not mentioned herein above, though considered ordinary, tacit requirements for use of property of this sort.
5.11 User shall immediately notify OX Drive and the respective public authorities (e.g., police, fire services) of a traffic accident or if the Vehicle is destroyed, damaged, breaks down or otherwise becomes unsuitable for use, and to explain in detail, to the best of his/her knowledge, the circumstances preventing operation and use of Vehicle.
5.12 Without prior written consent of OX Drive, User shall not be allowed to sublease the Vehicle, assign any of the rights and duties hereunder, or transfer the Vehicle to another person, or allow another person to use the Vehicle.
5.13 User shall be fully responsible for Vehicle during the Vehicle Use Period. The User shall be responsible for the safety, health, loss of life, destruction or loss of property of persons who use or access the Vehicle with User (e.g., passengers), unless otherwise provided by applicable laws.
5.14 The User is fully responsible for the Vehicle. The fact of use of Services shall be deemed as confirmation by User that he/she (i) has sufficient knowledge to use and operate Vehicle, (ii) has necessary skills to use Vehicle, and (iii) meets a level of health and physical fitness required for driving Vehicle.
5.15 User shall:
5.16 drive sensibly, safely without endangering yourself and others;
5.17 accelerate and decelerate the Vehicle at a safe speed, taking into consideration his/her experience, skills and road and weather conditions; in unforeseen circumstances, if User does accelerate very rapidly, User undertakes to accompany such acceleration with an appropriate emotional response such as making a “wheeeeee” sound.
5.18 assess weather and environmental conditions and use Vehicle only after evaluating its use is safe and poses no threat or danger to User, other parties or OX Drive.
5.19 In the event that User stops using the Vehicle for a short period of time, but has not completed his/her trip or reservation, User must make every effort to ensure the safety of Vehicle, and secure it from seizure or theft by third parties (i.e., windows and doors are closed).
5.20 Vehicle may be used in the territory of Latvia. User can be permitted use of Vehicle outside the territory of Latvia, only with the prior written consent of OX Drive.
5.21When using the Vehicle, User shall:
5.22 maintain total sobriety (0.00 per mil) and must not be under the influence of alcohol or other psychoactive substances;
5.23 be prohibited from driving the Vehicle if he/she is sick or tired, or where his/her driving may pose a risk to traffic safety; transferVehicle to other parties for driving or other use of Vehicle;
5.24 be obliged to follow other requirements, applicable to the classification of vehicles he/she is authorised to drive, as specified on his/her driving licence.
Prior to the start of any ride, the Vehicle must be reserved. The reservation of the Vehicle is made in the Mobile App. The reservation time is indicated as the exact time of the Vehicle reservation. Before driving the Vehicle, you have to check whether the Vehicle has obvious damage and (or) defects, and if there are any, you must inform the Company in the manner specified in the Mobile Application and (or) the Website and follow its instructions.
5.25 To complete the reservation of Vehicle, the following actions must be performed: (i) logging onto Mobile Application, (ii) choosing the preferred Vehicle and (iii) confirming the reservation of the Vehicle.
5.26 Confirmation of the reservation shall be generated on the screen of the User’s Mobile Application.
5.27 To enter the Vehicle, User shall unlock the doors of Vehicle by tapping the “Unlock” button in the Mobile Application.
5.28 The battery of the Vehicle can be charged for free by using Charging Cards. Charging Devices for charging can be issued separately if required by User. The charge level of the battery must not go below 5% under any circumstances, as this may endanger its functionality and technical condition, safety. Using the Charging Cards to charge any other vehicles shall be strictly prohibited and shall result in a contractual penalty payable by User to OX Drive in the amount set out in Pricelist. In the event any Charging Card is lost or stolen, User shall be obligated to pay OX Drive a contractual penalty, in the amount set out in Pricelist.
5.29 When the Vehicle is returned to Parking Area, the User shall not leave any personal belongings in the Vehicle and shall confirm that all documents, fittings and accessories belonging to the Vehicle (including Charging Cards, Charging Devices, fire extinguisher, first aid kit, safety vest, and warning triangle) are left in their original location. In the event any document, fitting or accessory of the Vehicle is lost or stolen, User shall be obligated to pay OX Drive a contractual penalty in the amount indicated in the Pricelist.
OX Drive is not responsible for the belongings of the User or third parties left in the Vehicle. If such items are found, OX Drive has the right, but not the obligation. During the storage period, OX Drive does not assume the responsibility of safeguarding the property.
In certain cases, OX Drive has the right of retention for the belongings of the User or third parties left in the Vehicle. OX Drive can detain them until the User’s unfulfilled obligations are fulfilled or hand them over to law enforcement authorities if possible illegalities are suspected. The goods are returned only after the property rights to the goods (their ownership) have been proven and unfulfilled obligations have been settled, incl. payment has been made for the storage of goods.
OX Drive, after 60 (sixty) days of storage of the User’s or third party’s belongings left in the Vehicle, if the owner of these belongings has not applied during this period and proved his ownership rights to the specific property, has the right to freely dispose of the belongings as he sees fit – dispose of them without additional notice , donate to charity, sell at a free price without holding an auction or do otherwise at your discretion. In such a case, it is considered that the property owner has lost his property rights to the property and in this regard is not entitled to raise any demands or claims against OX Drive.
If the property of the User or third parties left in the Vehicle can spoil quickly (e.g. food products) or is otherwise unsuitable or inappropriate for storage (e.g. dangerous or illegal substances or objects), OX Drive has the right not to store them, but to destroy them, hand them over to law enforcement authorities or otherwise dispose of them immediately.
5.30 Vehicle must be returned to the Parking Area and parked in a place where it is allowed according to road traffic regulations and which is always publicly accessible, also where it is not marked with signs “For the disabled”, “Reserved”, “No Parking” or in parking spaces with time restrictions. Vehicle can not be left at locations with barriers (except for specific Parking Areas – Jauna Teika, Business Garden, Mukusalas Biznesa Centrs, Zunda Towers), private car parks, or other private property. In case of violation of this restriction, User must pay OX Drive the contractual penalty in the amount indicated in Pricelist.
5.31 The Parking Area from which the Vehicle is collected and the Parking Area to which the Vehicle is returned may be different. Vehicles of certain models indicated on the Website and/or Mobile Application, must be returned to the same Parking Area from which the Vehicle was collected. A list of eligible Parking Areas shall be made available on the Mobile Application and/or Webpage.
5.32 On return of vehicle, User shall ensure all lights and media systems of the Vehicle are switched off, windows, roof and sunroof are closed, and all doors are locked. To complete the return Vehicle, User must lock the doors through Mobile Application
5.33 By giving User a minimum of 3 days prior notice by phone, email, text message or message within Mobile Application, OX Drive shall be entitled to replace Vehicle used by User with another Vehicle of equal classification and criteria, at any time during Vehicle Use Period in order to undertake periodic maintenance and repair work, fix defects, and carry out any other actions in relation to Vehicle. User must allow OX Drive to replace the Vehicle, return keys and other items belonging to the Vehicle at the request of OX Drive and must remove all personal items from Vehicle, at the time and place specified by OX Drive. Failure to allow replacement of Vehicle, shall make Userliable to compensate all losses incurred by OX Drive.
User shall be responsible for violations of Road Traffic Regulations and/or other legal acts, regulations or restrictions related to parking, even if the Vehicle is parked in a designated Parking Area.
5.34 User shall be obligated to return Vehicle in similar condition as it was upon delivery to User, taking into account normal wear and tear. For the purposes of determining normal wear and tear of a motor vehicle, the parties shall follow guidelines prepared by the Latvian Authorised Automobile Dealers Association (LAADA) and Latvian Leasing Association (LAA), published on the website of the Latvian Authorised Automobile Dealers Association at http://www.autoasociacija.lv/files/konsolideta_instrukcija_nolietojumam.pdf (the guidelines shall be deemed an integral part hereof) and the requirements established in the public maintenance Terms and Conditions. Normal wear and tear shall not include the following:
5.34.1 broken, deformed or otherwise mechanically or thermally damaged parts, devices and mechanisms;
5.34.2 dents, cracks in the paint and visible scratches (where paint is damaged and primer layer exposed) to Vehicle’s bodywork or exterior.;
5.34.3 deterioration of paint as a result of vigorous washing and/or cleaning of Vehicle;
5.34.4 low quality repairs and/or defects as a result of such repairs;
5.34.5 cracks on windows or other glass, plastic parts (mirrors, lamps, etc.) of Vehicle;
5.34.6 scratches on Vehicle as a result of improper use and/or cleaning of the Vehicle;
5.34.7 damages to the interior of Vehicle, including but not limited to burnt or stained seats, broken plastic parts of dashboard, boot lid, door handles, window control buttons, etc.
5.34.8 damaged geometry to Vehicle’s body.
5.34.9 damage to the running gear or other parts when using the Vehicle off-road or in other conditions inappropriate for the given Vehicle or in an inappropriate manner (for example, transporting excessively heavy or inappropriately sized loads).
5.35 In case Vehicle is confiscated or User is arrested, or other rights to Vehicle are restricted during Vehicle Use Period through User’s fault or due to circumstances arising in the course of use, User shall perform all his/her obligations in relation to Vehicle, before returning Vehicle to OX Drive.
5.36 If Vehicle breaks down, alert signals light up on dashboard of Vehicle, suspicious or odd noises can be heard coming from Vehicle, or if Vehicle can no longer be operated safely, User shall immediately (i) stop using the Vehicle or Asset, (ii) notify OX Drive by telephone, and (iii) comply with further instructions by OX Drive.
5.37 In the event of any damages to Vehicle during a traffic accident or due to other circumstances, User shall immediately notify OX Drive and the respective public authorities (police, fire service, etc.), complete a traffic accident declaration and take other necessary steps in order to prevent or reduce damage to Vehicle, other property, and/or persons. In case of damage to Asset, User must immediately notify OX Drive and carry out other necessary actions in an effort to prevent or reduce damages to Vehicle.
6.1 For use of Services, User shall pay OX Drive fees, specified in Pricelist and valid at time of use of Service.
6.2 For the purpose of calculating Service fees, Vehicle Use Period shall start at the moment of unlocking Vehicle and/or collection thereof from Parking Area, or in case of extended reservation – from the moment of confirmation of an extended reservation time, and runs until the moment of return of Vehicle to Parking Area and locking thereof. Service fees shall be calculated according to Pricelist valid at the time of use of Service. It may take up to one minute to unlock or lock (each action separately) Vehicle, and this time shall be included in Vehicle Use Period.
6.3 Service fee for each kilometre exceeding the daily (24 hr) limit specified in Mobile Application and/or Website covered by Vehicle shall be calculated by multiplying the number of kilometres (exceeding the daily/24 hr limit) travelled by Vehicle by the price of one kilometre as indicated in Pricelist. The distance covered by Vehicle shall be rounded to the nearest (higher) kilometre.
6.4 Service fee for the use of Vehicle is calculated by multiplying the hire price of the Vehicle by the amount of time at which the Vehicle was rented.
6.5 OX Drive, at its exclusive discretion, is entitled to provide a credit limit for Services. OX Drive shall have the exclusive right to change the aforementioned credit limit, cancel, decrease, or increase it at any time.
6.6 User shall be obliged to connect his/her OX Drive Account with a payment card. User shall be entitled to voluntarily connect multiple payment cards and choose the card to be used for settlement of Services before the start of each trip. The payment card(s) connected to OX Drive Account must allow automatic debiting from User’s Payment Account. The amount of the fees shall be automatically debited from the aforementioned card. In case of failure to collect money and/or insufficient funds on the card, attempts to automatically debit the amount will be made each one hour until the outstanding amount is debited by payment in full.
6.7 In case OX Drive debits User’s Payment Account in error, OX Drive shall immediately transfer the respective amount to User‘s Payment Account.
6.8 User shall be entitled to indicate the details for receipt of VAT invoices on his/her OX Drive Business Account.
6.9 In case of failure to debit the funds and/or insufficient amount of funds in User’s Payment Account, a new trip (or reservation) by that User, or usage of Vehicle shall not be possible till the outstanding amount is paid in full according to Terms and Conditions and the Pricelist.
6.10 If the amount for the Services cannot be debited from the User’s Payment card and the User does not pay for the Services provided in 7 calendar days, OX Drive issues a VAT invoice for the Services provided and transfers the debt to the debt collection company. According to these Terms and Conditions, the User is obliged to pay for the services provided by OX Drive. The user has the right to submit claims related to the information specified in the invoices within 2 (two) working days from the day of receipt of the invoice. If the User does not submit any claims within the mentioned term, it is mutually understood that the issued invoice is correct and the User will pay it.
6.11 If User wishes to reissue/correct the VAT invoice issued to him/her, not through any fault of OX Drive (e.g., where the User provides incorrect information or the invoice issued to the natural person should be reissued in the name of the legal person), an additional fee indicated in Pricelist for reissue/correction of the VAT invoice shall be charged.
6.12 If User does not receive a VAT invoice via email by the expiry of the indicated due date, User shall request from OX Drive, a receipt of invoice. User shall regularly download and check all issued invoices, by logging in to his/her OX Drive Account.
6.13 In case User fails to make payments in a timely manner, OX Drive shall be entitled to authorise a debt collection company to carry out collection actions or assign its right of claim to the debt collection company for the collection of User’s debt. User’s personal information made available to OX Drive, may be transmitted to public authorities and/or bailiffs for the purposes of payment and collection of taxes or fines.
6.14 User shall pay to OX Drive, the default interest at a rate of 0.05 percent of the overdue amount for each delayed day.
6.15 During an active reservation, OX Drive has the right to periodically debit the estimated Service fee from the Payment Account even before the end of the trip. If User fails to pay the aforementioned amount within the agreed time limit, he/she shall be obliged to return Vehicle to Parking Area no later than 1 (one) hour from the time of OX Drive’s request. If User fails to settle accounts or return Vehicle, OX Drive has the right to suspend the provision of Services to the User, block its activation, disconnection or any kind of detention or non-return of the Vehicle, until the User pays the accrued Service fee, and/or report to the police about illegal appropriation of the Vehicle or theft. In case of suspension of the service, OX Drive is entitled to apply the fine specified in the price list for the additional inspection and relocation of the car.
6.16 Prior To use of Vehicle by User, OX Drive shall be entitled to check if funds in User’s Payment Account are sufficient and reserve an amount of funds equal to EUR 10 (ten Euro). At the end of the trip, the actual amount calculated according to Pricelist shall be debited from the reserved amount; if the reserved amount is higher, the difference shall be returned by OX Drive to Payment Account.
6.17 OX Drive has the right unilaterally and without further explanation to refuse the provision of all or any of the Services to the User, suspend the provision of Services to the User, cancel trips (or reservations) and block access to the Mobile App or any other reservation system if the User does not comply with these rules. Furthermore, if User fails to comply with these Terms and Conditions, OX Drive shall be entitled to request the User to amend a violation within an additional time limit, which in all cases shall not exceed 1 (one) hour, unless OX Drive specifies a longer time limit in a separate notice. In case User fails to amend the violation of the Terms and Conditions within the time limit specified in this paragraph, it shall be considered that after the expiration of this term, the Vehicle hire (reservation) term shall also end.
6.18 Notice of violation of Terms and Conditions to User, the failure to amend that violation within the set time limit shall be the legal basis upon which the Vehicle hire (reservation) shall expire and no separate notice shall be provided. Upon expiry of Vehicle hire (reservation), User shall immediately return Vehicle to the nearest Parking Area. In case User does not agree with or fails to fulfil OX Drive’s request within the time limit set by OX Drive, OX Drive shall be entitled to suspend the provision of Services to the User; block starting, unlocking or use of Vehicle; OX Drive’s employee shall also be entitled to collect Vehicle without participation of User.
7.1 These Terms shall come into force in respect of the User from the moment the User has accepted them by clicking the “Accept” button upon registration in Mobile Application.
7.2 OX Drive may unilaterally amend these Terms and Pricelist, accessible in Mobile Application and/or Website, by giving a respective notice to User by email or notification in Mobile Application.
7.3 If following the amendment of these Terms or Pricelist and notification of the User thereof, User continues to use the Vehicle, User shall be deemed to have accepted the amended Terms or Pricelist indicated in the Mobile Application and/or Website. If User does not accept the amendments, they shall immediately return Vehicle to Parking Area and appropriately complete the ride and return Vehicle accordingly, by making a full payment for the services actually used.
7.4 A failure of OX Drive to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
7.5 If any part of these Terms is found to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms.
7.6 OX Drive may assign these Terms (either collectively or each right and/or obligation separately, as decided by OX Drive) to its parent company, affiliate or subsidiary without the consent of User. User may not assign any rights or obligations they have under these Terms without prior written approval from OX Drive.
7.7 The User undertakes to comply with the laws and regulations (local laws) of the Republic of Latvia and/or at another place of Operation, if the Vehicle is used outside the borders of the Republic of Latvia with an OX Drive permit issued in the manner provided for in these regulations.
7.8 These Terms shall be interpreted in accordance with the legislation of the Republic of Latvia. . Any disputes, disagreements or claims arising from these Terms or related to the Terms, their violation, termination or invalidity, which the Parties are unable to resolve through negotiations, shall be considered in the court of general jurisdiction of the Republic of Latvia, according to the jurisdiction of the legal address of OX Drive.
SIA Spaceship
LV 40203300224
Sporta iela 2, k-1, Rīga, Latvia
Better than a horse