TERMS AND CONDITIONS

With effect from [01 .04.2024.]

These Terms and Conditions for the Provision of Rental Services (hereinafter referred to as the ” T&C”) lay down: 1) the customer registration procedure; 2) the reservation and use of cars and motorhomes; 3) the rules applicable to the operation of vehicles; 4) the liability rules; and 5) the payment rules. Please read these Terms and Conditions (T&C) carefully, as by using the Services provided by Ideal, the Customer acknowledges that he/she has read, understood and agrees to them and that he/she is legally bound by them.

Ideal and the Customer (as defined below) shall be deemed to have entered into a contractual relationship under the N&N.

1. DEFINITIONS

The following terms used in these N&Ns have the following meanings and the singular words used in connection with them in the N&Ns also have plural meanings and vice versa.

• Account – the Customer’s user account registered in the Mobile App. If the Customer has obtained access to use the Services from another account (e.g. a Company Account), that account is deemed to be the Customer’s account for the purposes of these T&C and the Customer is not required to create a separate account;
• Account Balance – the amount of money that exists virtually in the Mobile App Customer’s Account, which is subject to reimbursement based on the terms and conditions set forth by Ideal in these T&Cs, and with which the Customer may pay for the use of the Avis Now Services. The Account balance will be shown with a minus sign if the Customer has incurred a debt for the use of certain Services;
• Motorhome – a special type of car, i.e. a mobile home equipped with the essentials for travelling. The following special conditions for Avis Motorhomes apply to the rental of motorhomes.
• Car – a motor vehicle with at least four wheels, designed for the carriage of passengers or goods and having a design speed exceeding 25 kilometres per hour, provided by Ideal for the use of the Customer for a fee on an N&N basis. The following Avis Now Special Conditions apply to the hire of the Vehicles;
• Customer – a natural person who, by using the Services; has accepted the N&N and entered into a contractual obligation with Ideal;
• Deposit – the deposit paid by the Customer to Ideal for the use of the motorhome in accordance with the applicable price list;
• Fuel Card – a fuel card in each Car (excluding motorhomes) for the purpose of paying for fuel at a fuel/gas filling/service station specified by Ideal;
• Ideal – Osaühing Ideal, an Estonian limited liability company (Estonian commercial register number: 10325140, registered office: Peterburi tee 47c, Tallinn, Harju County, Estonia);
• Mobile App means the MyAvis application for smartphones, tablets and/or other mobile devices, which is used to reserve, unlock, lock and/or perform other actions on the Vehicle as set out in the Software;
• Parking Zone – the parking and/or charging dock from which the Customer collects the Vehicle and/or to which the Vehicle must be returned;
• Party – Ideal or Client;
• Period of Use – the period of time from the time of receipt (unlocking) of the Vehicle to the time of return (locking) of the Vehicle;
• Personal data – any information that, directly or indirectly, individually or in combination with other available information, allows the identification of a natural person, such as name, surname, e-mail address, IP address, personal identification number, photograph, description, telephone number, etc;
• Price List – the Service Fees, penalties, liquidated damages and other charges published on the Mobile App. The Price List is an integral part of these T&Cs.
• Privacy Policy – the Ideal Vehicle Privacy Policy, which contains information about the processing of the Customer’s personal data, including the Customer’s rights as a data subject, available both on the Mobile App and at https://www.myavis.ee/en/privacy-notice.
• Reservation – a reservation made by the Customer on the Mobile App to reserve a specific vehicle on the dates selected by the Customer. The conditions for changing and cancelling a Booking depend on the type of Vehicle and are set out in the N&N.
• Services – all services provided by Ideal to the Customer, including vehicle rental (provision of use), maintenance (overhaul and routine repairs, technical support), third party liability insurance, and provision of materials and fuel necessary for the use and operation of the vehicle for its normal and customary purpose;
• Terms and Conditions or N&C – all terms and conditions governing the provision of the Services set out in or incorporated by reference into this document;
• Vehicle System – an electronic system installed in the Vehicle that records the location of the Vehicle, the distance travelled and time of use, the use of the Fuel Card and other data relating to the Vehicle and its use and transmits the data to Ideal;
• Vehicles – a collective term for cars and motorhomes for the purposes of these N&N;

2. GENERAL RULES
   • These T&Cs shall be effective as between Ideal and Customer from the time Customer registers for the Services and gains access to the Mobile App and the Services for an indefinite period of time.
   • Ideal reserves the right, at its sole discretion, to change, modify or replace the N&N and the Price List upon prior notice by email and/or via the Mobile App. Accordingly, the Customer agrees to check the email and/or Mobile App periodically for the most up-to-date version of the N&N and Price List. By continuing to use the Services after the Customer has been notified of the amendments in accordance with the above, the Customer agrees to be bound by the amended N&O and Price List. Notwithstanding the foregoing, the amended T&C and Price List shall become effective notwithstanding any use of the Services after the expiration of 5 days from the giving of the notice referred to above.
   • These T&Cs constitute the entire agreement between Ideal and Customer with respect to the subject matter hereof and supersede all prior agreements between Ideal and Customer with respect thereto, unless Ideal and Customer have agreed otherwise in writing. If the Client has entered into a Firm Account Agreement, these T&Cs shall apply to the extent that they are not inconsistent with the terms of the Firm Account Agreement.
   • All Ideal services are provided on an “as is” and “as available” basis. Ideal does not warrant that all Services or Vehicles will be available at all times and in good condition or error free.
   • Ideal has the right to suspend the provision of the Services to the Customer, cancel his/her trips or bookings and block access to the Account or the Electronic System if the Customer fails to comply with these T&C. Ideal shall also have the right to require the Customer to remedy the breach of the N&C within an additional time period, which shall in no event exceed one hour. If the Customer fails to remedy the breach of the N&C within the specified time period, the Use of the Vehicle shall be deemed to expire upon the expiry of such time period and the Customer shall lose the right to continue using the Vehicle. The Customer must then return the Vehicle to the Parking Area immediately. If the Customer fails to do so, Ideal shall be entitled to suspend the Services by blocking the ability to start, unlock or use the Vehicles. In such event, Ideal employees shall also have the right to collect the Vehicle without the Customer’s participation or prior notice.
3. ACCOUNT REGISTRATION AND USER ELIGIBILITY
   • The Customer is entitled to use the Services if:
     • The Customer is at least 21 years of age, or at least 28 years of age in the case of a motorhome, and is entitled to drive the Car under Estonian law;
     • he/she has an Account or has been granted access to an Account in accordance with these T&C;
     • The account is linked to a valid credit or debit card or other payment method supported by the Mobile App;
     • The Customer holds a valid driving licence in the service area in which the Customer uses the Services;
     • The Customer is physically fit and has the necessary skills and knowledge to safely and competently use, operate and drive the Vehicles.
   • Upon registration of an Account, the Customer shall:
     • read the N&N, the Price List and the Privacy Notice upon completion of registration. By completing the registration, the Customer confirms that all information provided by Ideal is clear, understandable and that he/she agrees with N&N;
     • indicate their email address and phone number, which will allow the Customer to log in to the Account from the Mobile App. The Customer is solely responsible for protecting the Account and Mobile App user information and ensuring the confidentiality and security of their login information;
     • link your Account to your mobile phone number and a valid credit or debit card or other payment method supported by the Mobile App. By doing so, Customer authorizes Ideal to charge Customer’s chosen payment method for all fees and costs incurred by Customer under this T&C. Such payments and costs may be subject to taxes, which Ideal shall also be entitled to collect;
     • to use the Cars, present a valid driving document and confirm its validity in accordance with the Mobile App procedures;
     • use only your real name and enter accurate personal and payment card information and keep this information up to date.
   • If the Customer has not entered the correct information as set out in paragraph 2, the registration process shall be deemed invalid and therefore incomplete.
   • The Customer is responsible for the access, control and security of the Account. Ideal shall be entitled to assume that anyone using the Customer’s username and telephone number has been authorised by the Customer to do so and the Customer shall be responsible for and bear all risks associated with the use of his/her Account by any unauthorised third party until such time as he/she has notified Ideal of such use. The Customer shall notify Ideal if his/her login details are made available to unauthorised third parties or his/her Account is compromised or available for use by a third party. Upon receipt of such information, Ideal shall immediately, but no later than within 8 working hours, block the Customer’s Account.
   • If the Customer has given notice to Ideal in accordance with clause 4, any damages arising from the notice shall be borne by Ideal, unless the damage is caused by the Customer’s wilful misconduct. The Customer shall be responsible for and bear all risks associated with the use of his/her Account by an unauthorised third party until such time as the Customer has received the notice referred to in clause 3.4.
   • The customer has no right to:
     • transfer, sell or lease your Account;
     • create fraudulent, illegal and/or false Accounts.
   • The Customer shall ensure that all reasonable and up-to-date security measures (including but not limited to firewalls, virus and malware eradication software) are activated when using any hardware, software or other equipment to register and/or log in to the Mobile App or Electronic System and shall accordingly be liable for any consequences resulting from inadequate protection of the Customer’s computer, smartphone, tablet or other device.
4. CONDITIONS OF USE
   • General rules
     • By using the Services, the Customer agrees to:
       • comply with the Vehicle manufacturer’s requirements for the operation of the Vehicle, as set out in the Vehicle manuals/instructions and contained in the Vehicle;
       • follow Ideal’s guidance and recommendations as set out in the N&N;
       • comply with the laws and regulations applicable to driving;
       • not to use the Vehicles for racing or other sporting purposes, as training vehicles, for towing other vehicles, for purposes for which they are not adapted or designed, or for other activities prohibited by applicable law;
       • not to sublet the Vehicle, not to transfer any rights or obligations under this Agreement or the Vehicle to any third party, and not to allow any third party to use the Vehicle, unless otherwise agreed in writing by the Parties;
       • drive and use the Vehicles in a safe manner, start driving at a reasonable speed taking into account your previous experience, skills and weather conditions;
       • drive the Vehicle without being under the influence of any alcohol or psychoactive substances. Ideal shall have the right to install an alcometric car lock on the Vehicles which prevents the use of the Vehicle if the driver has alcohol on his/her breath;
       • not drive or use the Vehicle if he/she feels ill, tired or if driving it may endanger general road safety;
       • comply with other requirements on your licence (e.g. which categories of vehicles you can drive);
       • be aware that the Vehicles are at all times the property of Ideal and the Customer is not permitted to modify, repair, dismantle, damage or otherwise alter the Vehicle or any equipment attached to it;
       • take full responsibility for the care of the Vehicle during its Use Period and return the Vehicle to the Parking Area in the same condition as when it was hired, taking into account normal wear and tear.
     • If the Customer stops using the Vehicle for a short period of time, intending to resume the journey soon, and has not completed the journey by locking the Vehicle, the Customer shall take all necessary and available measures to ensure the safety of the Vehicle and that it is not misused by third parties.
     • The Customer agrees to immediately notify Ideal and the relevant government authorities (e.g. police) if the Vehicle is destroyed, damaged, broken or otherwise rendered unfit for further use, and to inform them of any circumstances that prevent the operation and use of the Vehicle.
     • By creating an Account and actually using the Services, the Customer shall be deemed to have confirmed that he/she has sufficient knowledge to use and drive the Vehicle, has the necessary skills to use the Vehicle and meets the standard of physical fitness required to drive the Vehicle.
     • The Customer is only permitted to use the Vehicles in Estonia unless otherwise stated in the N&N. In any event, the Customer shall only be permitted to use the Vehicle outside Estonia with the prior written consent of Ideal.
   • Use the mobile app
     • Start of the period of use
       • Before starting the journey, the Vehicle must be reserved using the Electronic System in the Mobile App. To reserve a Vehicle, the Customer must log in to the Mobile App using a unique SMS code sent to his/her telephone number. In the Mobile App, the Customer must select a suitable rental point (the start and end point of the journey must be the same) and select the period of use of the Vehicle, i.e. the dates and times, in the calendar system. The available vehicles and the price for the selected Period of Use will then be displayed. The Customer confirms the reservation by prepaying. The booking confirmation is displayed on the Mobile App and the Customer receives an invoice in advance.
       • To unlock the Vehicle, the Customer must select the appropriate command and follow the instructions provided in the Mobile App.
       • After unlocking the Vehicle and before commencing the journey, the Customer shall inspect the Vehicle both externally and internally (if applicable) to ensure that the Vehicle is free from any clearly visible damage. The Customer is obliged to inform Idealof any discrepancies found by calling +372 605 1144 or sending an email to info@avisnow.eu. If the Customer fails to act as described herein, any damage not notified shall be deemed to have occurred during the period of use of the Vehicle by the Customer.
     • End of period of use
       • Upon completion of the use, the Customer must return the Vehicle to the same Parking Zone from which it was collected, which means that the Parking Zone from which the Vehicle was collected at the beginning of the journey must not be different from the Parking Zone to which the Vehicle is returned.
       • Before returning the Vehicle, the Customer shall, if necessary, place the Vehicle key in the same place from which it was taken, check that no personal belongings have been left in the Vehicle, remove rubbish and make sure that all Vehicle documents and accessories (if applicable) are in the same place as before the start of the rental.
       • When returning the Vehicle to the Car Park, the Vehicle must be locked in accordance with the instructions on the Mobile App. To lock the Vehicle, the Customer must select the appropriate command in the Mobile App and follow the instructions in this document.
       • The Customer is obliged to return the Vehicle in a condition no worse than that in which it was received, taking into account normal wear and tear.
     • Special conditions for booking Cars(Avis Now) – only for booking Cars
       • The Customer may start using the Car at his/her convenience during the entire Use Period, provided that the Car may be opened 10 minutes before the start of the reservation. If the Customer does not start using the Car within the booked Use Period, Ideal will not refund the advance payment for the Booking.
       • To start driving the Car, the Customer must start the Car using the ignition key in the Car. If the Car does not require an ignition key, the Car can be started by pressing the start button next to the steering wheel and holding down the brake pedal.
       • To return the Car, the Customer must select the “Cancel reservation” command in the Mobile App. Before leaving the Car, the Customer must make sure that the Car is properly locked and the ignition key is left in the Car.
       • The minimum period of use of the Car shall be 30 minutes and the maximum period of use shall be 30 days, unless otherwise agreed in writing by the Parties. The Customer shall have the right to change the Period of Use in accordance with the N&N.
       • If the Customer wishes to extend the Use Period of the Car by 15 minutes, the Customer must start the process of extending the Use Period in the Mobile App in accordance with the instructions provided in the Mobile App at least 15 minutes before the end of the initial Use Period. The extension of the Usage Period is based on availability, taking into account other bookings made for the Car, and will take effect upon payment of the advance payment for the time added to the original booking. Mileage charges will be calculated at the end of the Usage Period. If the original booking period is extended, the rental fee for the new Use Period will be calculated anew. For example: if the initial reservation is made for 6 hours (which is equal to the daily price according to the price list) but the Use Period is extended by 1.5 hours, i.e. the Car is used for 7.5 hours, the rental fee is the daily price + the 1.5 hour fee. An additional invoice will be sent to the Customer upon return of the Car.
       • Cancellation of a car reservation is made as follows:

4. • • • if a booking is cancelled 24 hours or more before the start of the Usage Period, 100% of the cost of the booking will be refunded to the Customer as a credit to the Customer’s account balance which the Customer may use to make further bookings;
       • if the cancellation occurs less than 24 hours before the start of the Period of Use, if the total duration of the booking is at least 24 hours, the advance amount of the booking will be refunded to the Customer, less the cancellation fee specified in the applicable Price List. The refunded amount will be credited to the Customer’s account balance which the Customer may use to make future bookings;
       • If the reservation is cancelled less than 24 hours before the start of the Use Period, the reservation fee will not be refunded if the total duration of the reservation is less than 24 hours.
     • If the Car is booked for several calendar days and the Customer wishes to terminate the Use Period more than 24 hours before its original end time, the Customer is entitled to receive an advance payment for the unused Use Period, less the cancellation fee set out in the applicable Price List. The refunded amount will be credited to the Customer’s account balance, which the Customer may use for future bookings.
     • If the Customer fails to extend the Use Period and fails to return the Car within the maximum number of days of use permitted, Ideal shall be entitled to refer the theft of the Car to the police and block the starting of the Car and the Customer agrees to pay a penalty for exceeding the Use Period in accordance with the Price List in force at the time.
     • Ideal shall be entitled, upon one day’s notice to the Customer, to replace the Car at any time during the Period of Use with another Car of the appropriate category and specification if this is necessary to carry out periodic maintenance and repair work on the Car, to repair any damage to the Car or to carry out other necessary operations. In such event, the Customer shall allow Ideal to replace the Car at a date and time and place agreed by the Parties and accept another Car in accordance with the N&N.
     • Each Car is equipped with a fuel card, which is the property of Ideal. The Fuel Cards are for the sole purpose of refuelling the Car and the Customer may not use any other service station to refuel the Car other than the one which issued the Fuel Card. In the event that the Car’s fuel reserve is reduced to ¼ of a tank, the Customer must use the Fuel Card and fill the tank at the nearest petrol station. The PIN code for the Fuel Card is available on the Mobile App. The price of the Fuel is not charged to the Customer as it is already included in the price of the Service. The Fuel Card may only be used to fill the Car and it is strictly prohibited to fill other tanks and/or cars with the Fuel Card. If the Customer violates this prohibition, Ideal shall report the illegal use of the property to the police and the Customer shall be obliged to pay the penalty specified in the Price List and to indemnify Ideal for any damages not covered by the penalty.
     • The Customer must keep the Fuel Card in a safe place in the Car and leave it in the Car when returning the Car. In the event that the Customer loses the Fuel Card, he/she must immediately notify Idealand indemnify Ideal for any loss which Ideal may suffer as a result of the loss of the Fuel Card.
     • If the Customer parks the Car in a private car park or a public car park during the Charged Hours during the Period of Use, the Customer is obliged to pay for the parking services.
     • Any act or attempt to read, copy, alter, modify or delete the Vehicle System Data is strictly prohibited.
     • The Customer must use the Car in good faith and must not damage it. The Customer and any person authorised by the Customer to enter the Car are strictly prohibited from smoking in the Car.
     • If the Customer uses the Car to transport an animal, the Customer acknowledges that any animal in the Car must be transported only in a specially adapted animal transport cage.
   • Special conditions for Campervan bookings(Avis Campers) – only for Campervan bookings
     • The client can book the motorhome for a minimum of 3 calendar days and a maximum of 30 days per booking, with a minimum booking period of 5 calendar days during the high season from 1 June to 15 September.
     • The mobile app records the date and time of the start of the Usage Period, the address of the pick-up location, the date and time of return and other information.
     • Motorhome bookings and reservation management are only made via the Mobile App. The reservation is confirmed by the Customer paying 100% in advance and the Deposit. If the deposit is not paid on time, Ideal is under no obligation to confirm the Customer’s reservation.
     • Ideal will send an invoice to the Customer’s email no later than 24 hours after the Booking and the Advance Payment have been made in order for the Customer to pay the Deposit in accordance with the applicable Price List. Timely payment of the Deposit shall ensure access to the M (unlocking of the door) via the Mobile App at the beginning of the Usage Period. If the Deposit is not paid by the start of the Use Period, the Customer shall not be entitled to a refund of the advance or access to the Vehicle.
     • Cancellation of a campervan reservation is subject to the following conditions:
       • if the booking is cancelled 30 days or more before the start of the Use Period, the Client will be refunded 25% of the cost of the booking and the deposit (if paid by that time);
       • if the booking is cancelled 14 days before the start of the Usage Period, 50% of the booking cost and the deposit (if paid by that time) will be refunded to the Client;
       • if the booking is cancelled less than 14 days before the start of the Use Period, the booking fee will not be refunded. If the Deposit has been paid by the Customer prior to cancellation, it will be refunded to the Customer.
     • In the event of cancellation, Ideal will refund the money using the same payment method used to make the booking. Ideal does not have the option to refund using another payment method.
     • The Customer may use the Campervan outside the Republic of Estonia, but the Customer is prohibited from travelling outside the European Union (except Norway, Switzerland, Liechtenstein, Andorra) without the prior written consent of Ideal . If the Customer wishes to use the Campervan outside the European Union, this must be agreed in writing with Ideal at least 14 days before the start of the Use Period.
     • At the end of the Usage Period, the Motorhome will be returned via the Mobile App. When the Motorhome is returned, it will be checked for compliance by Ideal Partners no later than 48 hours after the return of the Motorhome. Ideal shall ensure that no third parties have access to the Motorhome in the interim period.
     • The Customer undertakes to use the Campervan with care and the Campervan must be returned in the same condition as when it was used, taking into account normal wear and tear. The interior of the Camper must be thoroughly cleaned, the waste water tank emptied and the toilet cassette emptied. The Customer is not obliged to clean the outside of the Campervan.
     • The use of the Motorhome is also subject to the requirements set out in paragraphs 3.12 to 3.15 of this N&N.
     • At the beginning of the period of use, the motorhome is handed over to the Client in good technical condition, cleaned and with a full tank of fuel. If the Campervan is not returned with a full tank of fuel, the Customer agrees to pay for each missing litre of fuel based on the then current Circle K price list plus the refuelling charge as set out in Ideal’s then current price list. Ideal shall be entitled to deduct the relevant amounts from the Deposit paid by the Customer.
     • The Customer undertakes to ensure that only appropriate fuel is used to refuel the Motorhome. The Customer undertakes to indemnify Ideal against any loss caused by incorrect refuelling.
     • In the event that the Motorhome is found to have defects which were not present at the beginning of the Use Period and which cannot be considered normal wear and tear of the vehicle, including but not limited to inadequate cleanliness, the Customer agrees to reimburse Ideal for any damages and/or expenses incurred in accordance with the Price List in force at the time.
     • The period of use of a campervan can only be extended if there are available campervans, and the extension will be subject to an additional charge in accordance with the Price List in force at the time. If a Campervan is returned more than 1 hour after the end of the initial Period of Use, Ideal shall be entitled to charge the Customer an additional fee of one day’s rental of the Campervan.
     • The Customer is not allowed to transport animals (pets) in the Motorhome without the prior written consent of Ideal. When transporting animals (pets) in the o, the Client is fully responsible for the animal and any damage caused to it.

5. FEES AND CHARGES
   • The Customer shall pay Ideal all fees and charges for the use of the Services in accordance with the T&C and the Price List in force at the time of use of the Services and available on the Mobile App. Each use of the Vehicles shall commence with a click on “Start Trip” and end with a click on “End Trip” on the Mobile App. Fees and other charges for the Services may be subject to applicable taxes and other local government charges that Ideal has the right to collect.
   • The Service Fee is calculated on the basis of the actual time and kilometres used for the provision of the Services or on the basis of the selected subscription as specified in the Price List. There is no separate kilometre calculation for the Motorhome and the Customer’s total kilometres are already included in the advance payment for the Motorhome.
   • The customer receives two invoices for the use of the vehicle: an advance invoice when the booking is confirmed and a final invoice at the end of the journey, showing the number of kilometres travelled and, if the booked use time is exceeded by more than 30 minutes, an additional daily charge is added to the rental price.
   • If there is an unused credit on the Customer’s Account balance, Ideal will first deduct the Service Fee from the unused credit on the Account balance and charge the remaining amount, if any, to the payment method linked to the Customer’s Account. The Customer may receive and use credit in campaigns conducted by Ideal in accordance with the principles set out by N&N.
   • Ideal may issue discount vouchers or codes which are subject to additional terms and conditions set out with such discount code. Ideal reserves the right to modify or cancel such discount codes at any time in its sole discretion.
   • The Customer shall be liable for the payment of any fines, penalties, fees and/or other charges imposed by Ideal arising out of the Customer’s use of the Services (including but not limited to parking fines, charges for parking outside the Parking Zone, misuse of the Fuel Card, etc.) or as a result of any breach of any law, regulation or order.
   • All amounts due and payable to Ideal are automatically debited from the payment method the Customer has linked to the Account. If the use of such payment method fails, Ideal may use other necessary collection procedures. Customer hereby agrees to reimburse Ideal for all costs incurred by Ideal in collecting such payments, including, without limitation, Ideal’s reasonable legal fees.
   • The Customer is allowed to link more than one payment method to the Account and to select the card to be used for payment for the relevant Services. The relevant payment method linked to the Account must provide for automatic debiting of the Card. Upon confirmation of a Vehicle booking, Ideal will automatically debit the relevant payment card of the Customer for the Service Fee.
   • In the event of an unsuccessful attempt to collect funds from the payment method linked to the Customer’s account and/or insufficient funds therein, the Services may not be used until the outstanding amount has been paid in accordance with the N&N and the Price List.
   • If funds for the Services have not been automatically charged to the Customer’s chosen payment method and the Customer fails to pay for the Services used by the last day of the Usage Period, Ideal shall issue a VAT invoice for the Services provided and send it to the Customer by email. Upon receipt of such invoice, the Customer shall verify the accuracy of the invoice and notify Ideal of any discrepancies within two days. If the Customer fails to submit a claim within the above time limit, the Customer shall be deemed to have accepted the invoice.
   • If the Customer does not receive a VAT invoice by email by the last day of the Usage Period and the invoice cannot be found at the Customer’s email address associated with his/her Account, the Customer is obliged to notify Ideal and request an invoice. The absence of an invoice does not relieve the Customer from the obligation to pay.
   • If the Customer is liable to pay a fine, penalty or charge under the N&N because of the Customer’s default, Ideal shall be entitled to collect the funds from the Customer’s payment method immediately after the breach has been identified, duly recorded and the Customer has been notified in advance.
   • If the Customer disputes a transaction charged to the Customer’s chosen payment method, the Customer must contact Ideal within 7 days.
   • The Customer shall promptly notify Ideal of any changes to the Customer’s chosen payment method on the Mobile App that may impair Ideal’s ability to charge the Customer under these T&C (including, but not limited to, loss, theft or expiration of the payment card).
   • If the Customer fails to make payments when due, Ideal shall have the right to authorise a debt collection company to take enforcement action or to assign its claim to the debt collection company for the recovery of the Customer’s debt. Ideal ‘s access to Customer’s personal information may be transferred to government authorities and/or bailiffs for the purpose of payment and collection of taxes and penalties.
   • The Customer shall pay Ideal default interest of 0.05% of the overdue amount for each day of delay.
   • Ideal reserves the right to unilaterally change the Service Fee at any time.
   • In the event that Ideal is obliged to indemnify the Customer under these T&C and/or Ideal incorrectly charges the Customer’s payment method, Ideal shall promptly transfer the relevant amount to the Customer’s payment method.
6. LIABILITY AND LIMITATION OF LIABILITY
   • During the Term, the Customer acknowledges and agrees that he/she is solely responsible for his/her individual use of the Services. Ideal shall not be liable for any consequences, claims, causes of action, demands, losses, liability, damages, fees, costs, injuries, penalties, legal fees or expenses of any kind, whether foreseeable or not, which the Customer or any third party may incur as a result of the Customer’s use of the Services.
   • Notwithstanding clause 1, the Customer shall not be liable if:
     • the breaches have occurred or the damage has been caused by Ideal and/or third parties;
     • The Client’s liability is limited or excluded by law;
     • Damage to the Vehicle occurs during the operation of the Vehicle, caused by the previous use, operation or normal wear and tear of the Vehicle. This applies only where the Customer has promptly informed Ideal by telephone and has complied with all Ideal’ s instructions.
   • The Customer shall be fully responsible for any damage caused to his/her personal belongings (i.e. clothing, bags, belongings in the Vehicle, etc.) or arising out of the use of the Services, unless such damage is caused by Ideal’s gross negligence or wilful misconduct.
   • In the event of loss of the Vehicle, the Customer shall pay to Ideal the penalty specified in the Price List and shall indemnify Ideal for any loss not covered by such penalty. Thereafter, the Customer shall not acquire title to the Vehicle.
   • The fine set out in the N&N and/or the Price List shall be deemed to be Ideal’ s minimum undisputed damages, including any damages to Ideal’s goodwill, trademark, brand image, corporate and social integrity and reputation as a result of the Customer’s illegal activities. Payment by the Customer of the fine shall not relieve the Customer of its obligation to indemnify Idealfor any other loss and/or damage not covered by the fine.
   • In the event that during the Period of Use the Customer breaches its obligations under the N&N or damages, destroys, loses or in any other way spoils Ideal’s property and/or title to the Vehicle, the Customer shall pay Ideal such penalty as set out in the Price List:
     • damage to the vehicle’s tyres that is deemed beyond repair;
     • for smoking in the Vehicle;
     • for illegal use of the Fuel Card;
     • for dangerous or careless driving;
     • for driving under the influence of alcohol, drugs and/or other psychoactive substances;
     • that unauthorised persons are allowed to log in/use the Account;
     • for allowing other persons to use the Vehicle hired by the Customer, unless otherwise agreed by the Parties;
     • for the removal and/or replacement of any part of the Vehicle, including but not limited to tyres, wheels, mirrors, grilles, safety kit, fire extinguisher, first aid kit.
     • for all other infringements specified in the Price List.
   • In the event of an accident caused by the Customer or theft or damage to the Vehicle during use, the Customer shall be liable to pay Ideal the penalty specified in the Price List. Ideal shall be entitled to charge this penalty automatically to the payment method linked to the Customer’s account. Ideal shall be entitled to withhold the liquidated damages after the Customer has discovered and/or reported the accident, theft or vandalism which has been duly recorded and notified to the Customer in advance by Ideal. If, after further assessment, the actual loss incurred by Ideal as a result of the above incident is less than the amount charged, Ideal shall, within 14 calendar days from the time the amount of actual loss was determined, transfer the difference to the same payment method of the Customer from which the penalty was charged.
   • The following damage is not covered: damage to the interior, steering, underbody or engine compartment, wheel rims, driving with burst tyres, damage caused by snow or ice (e.g. snow or ice falling from the roof of a building) or damage caused by driving off designated roads. The Customer assumes full material responsibility for the above damages.
   • To the extent not covered by penalties, liquidated damages and other charges under the N&N and the Price List, the Customer shall indemnify Ideal for all remaining losses incurred by Ideal due to the Customer’s fault, including but not limited to:
     • Providing false data and/or information when registering on the Mobile App and creating an Account;
     • failure to keep the payment method relating to the Application up to date and valid and/or there are insufficient funds available in the payment method to pay for the Services;
     • non-compliance with these N&N;
     • Using a vehicle in a way for which it was not intended;
     • allowing an unauthorised person to use the Vehicle;
     • the person is not entitled to drive a Vehicle of that category or is not entitled to drive a Vehicle at all (i.e. no driving licence, etc.);
     • Driving under the influence of alcohol, drugs and/or other psychoactive substances;
     • disobeying requests from the police or other competent authorities
     • Failure to report suspected road accidents to the police and/or other competent authorities;
     • fines, penalties or other charges or sanctions imposed on Ideal as a result of the Client’s actions;
     • Using a vehicle to commit criminal offences;
     • Damage to the Vehicle when loading or unloading goods onto or from the Vehicle;
     • Defacing, tearing, scratching or otherwise damaging the interior or exterior of the Vehicle, including by pets or other passengers allowed into the Vehicle by the Customer;
     • Loss of vehicle;
     • Breach of applicable law.
   • The Customer must use the Vehicle with care and avoid soiling the interior of the Vehicle beyond the level of normal wear and tear. If after such use the interior of the Vehicle becomes dirtier than is considered normal, the Customer shall be liable to pay the cleaning charge specified in the Price List and, if no such charge is specified, the cost of washing and cleaning the Vehicle. The above shall also apply to the exterior of the Vehicle if it is dirtier than is considered normal during the Period of Use.
   • In the event that the Customer violates applicable traffic regulations and/or other applicable laws during the Usage Period, Ideal shall be entitled to charge the Customer an administration fee in accordance with the Price List in addition to any fine or fee imposed by the relevant authorities and payable by the Customer. Such administration fee shall compensate Ideal for the costsassociated with the infringement and its management.
   • In the event that the Client has damaged Ideal’s property which was insured and the Client is responsible for such damage, the insurance company which insured the Vehicle and indemnified Ideal shall have the right of recourse to recover from the Client the total amount paid by Ideal.
   • If Idealbecomes aware of a situation in which the Customer has been harmed or circumstances give Ideal reason to believe that the Customer is likely to harm Ideal, Ideal shall have the right to immediately suspend the provision of the Services to the Customer for an indefinite period of time, block the Customer’s access to his/her Account and, without further notice, remove the Vehicle.
   • Ideal shall be responsible for the performance of its obligations under these T&Cs and shall indemnify the Client for direct damages resulting from Ideal’s failure to perform its obligations properly.
   • The Customer hereby acknowledges that the functionality of the Mobile App may be limited due to technical errors and Ideal may not be able to guarantee uninterrupted, error-free operation of the Mobile App at all times. In the event of any deficiencies in connection with the Mobile App, Ideal undertakes to remedy them as soon as possible. Ideal shall not be liable for any loss suffered by the Customer as a result of the Mobile Apps malfunctioning or inability to be used in the desired manner.
   • To the extent such limitation of liability is permitted by applicable law, Ideal shall not be liable for:
     • any loss suffered by the Customer as a result of any delay in using the Services;
     • harm to the health or life of the Customer during the use of the Services;
     • damages caused by the Customer to third parties through the use of the Services;
     • damage or loss caused to the Customer or third parties due to the actions of a previous user of the Vehicle, e.g. if the previous user has changed / modified the driving characteristics of the Vehicle without Ideal’ s permission, by changing tyres, filling the wrong fuel, etc;
     • indirect losses;
     • in any event, for damages for which Ideal is liable in excess of the price of the Services not provided or not properly provided.
   • In no event shall Ideal’s aggregate liability for all claims under these T&C, including those based on tort or otherwise, exceed the lesser of €500 or the amount of fees paid by Customer to Idealfor the period of Use during which the accident, incident or event giving rise to the claim occurred.
   • In the event that the Vehicle is not in the designated Parking Zone or does not comply with the terms of this N&C, the Customer must notify Ideal by calling +372 605 1144 or sending an email to info@avisnow.eu.
   • Neither the Customer nor Ideal shall be liable for any loss or failure to perform due to Force Majeure. For purposes of this T&C, Force Majeure includes, without limitation, circumstances beyond the reasonable control of the non-performing party, such as earthquake, fire, flood, war, terrorism, pandemic, civil, industrial or military disturbance, sabotage, employee strike or lockout, epidemic, riot, loss or disruption of utilities or communications services, major cyber-attack or action by government, judicial or regulatory authorities. However, force majeure shall not constitute an obstacle to or excuse the fulfilment of financial obligations.
7. PROCESSING OF PERSONAL DATA

Ideal processes Customer Personal Data in accordance with the terms of the Privacy Policy.

8. APPLICABLE LAW
   • These N&Ns shall be governed by and interpreted in accordance with Estonian law to the exclusion of conflict of laws rules.
   • Ideal and Customer shall endeavour to resolve any disputes arising out of these T&Cs by negotiation. If the Customer and Ideal are unable to reach an agreement, the dispute shall be resolved in the Harju County Court.
   • Ideal’s failure to exercise any right or condition of this N&N will not be deemed a waiver thereof.
   • If a court finds any of the terms of these N&Cs to be invalid or unenforceable, the remaining terms of the N&Cs remain valid.
9. OTHER RULES
   • The Parties undertake to notify each other of changes in their information, such as name, address, payment details, etc., within 5 calendar days at the latest.
   • Ideal shall be entitled to unilaterally assign all rights and obligations arising from the N&N to a third party related to Ideal by giving written notice to the Customer.
   • If the Customer is unable to use the Services properly, he/she is obliged to notify Ideal by telephone or email.
   • If you have any questions about these N&Ns, Ideal can be contacted by sending an email to info@avisnow.eu.