PUBLIC OFFER

Edition of 01.10.2021

This Public Offer Agreement (hereinafter referred to as the 'Offer') establishes the procedure for providing vehicle rental and leasing services, posted on the online platform https://alecar.ru, as well as other vehicles available in the Lessor’s fleet, and regulates the relations between the Lessor and the Renters.

This Offer is open-ended and becomes effective after its publication on the Website.

1. Terms and Definitions

1.1. Website — a collection of verbal and graphic elements, images, photos and video materials, logos, as well as other information posted at the Internet address: https://alecar.ru, owned by the Lessor, containing publicly accessible information about the possibility of renting and leasing vehicles.

1.2. Lessor – Limited Liability Company 'Ivory' (TIN 4253047060, OGRN1204200000784), located at: 654004, Kemerovo region, Novokuznetsk, Shchorsa Street (Kuibyshevsky district), 15, office 5. Lessor’s contact details for communication under the rental agreement: 654004, Kemerovo region, Novokuznetsk, Shchorsa Street (Kuibyshevsky district), 15, office 5 / Federal call center number 8-800-444-14-99 (toll-free), +7-923-519-19-99.

All messages sent and received from the Lessor's contact details listed in the Offer and the Renter's details in the Application are considered official correspondence with legal force and entail civil and legal consequences.

1.3. Renter – a citizen of the Russian Federation, legally capable, aged 23 or older, holding a driver's license, with at least 12 months of driving experience, who uses the Website and, by taking actions as outlined in this Offer and in accordance with Russian Federation law, accepts the provisions of this Offer. By using the Website, the Renter also agrees to comply with the terms and requirements described in this Offer.

1.4. Vehicles – cars designed for road transport of people, goods, or equipment installed on them, owned by the Lessor under property or other real rights, which the Lessor offers for rent to Renters via the Website, by phone, through messengers, by email, or directly at the Lessor’s office. All vehicles transferred under the Rental (Lease) Agreement are equipped with a GPS tracker; have a vehicle registration certificate; and a policy for mandatory civil liability insurance for vehicle owners (OSAGO).

1.5. Rental – a transaction in which the Lessor undertakes to provide the Renter with a vehicle owned by the Lessor under a non-ownership real right, for temporary possession and use or temporary use, without providing services for its operation and technical maintenance.

1.6. Leasing – a transaction in which the Lessor undertakes to provide the Renter with a vehicle owned by the Lessor under ownership rights, for temporary possession and use or temporary use, without providing services for its operation and technical maintenance, for personal use by the Renter, with no right for the Renter to sublet the vehicle to third parties.

1.7. Rental (Leasing) Application – a declaration of the Renter, made via a phone call, using messengers, or email, agreed upon by the Lessor, aimed at concluding a Rental (Leasing) Agreement for the vehicle.

1.8. Vehicle Rental (Leasing) Agreement – a civil contract, concluded in writing in accordance with the current legislation of the Russian Federation and this Offer, between the Lessor and the Renter at the moment of transferring the selected vehicle to the Renter under rental (leasing). The basis for concluding the Rental (Leasing) Agreement is the payment of the reservation for the rental (leasing), and the confirmation of the conclusion of the Rental (Leasing) Agreement is the transfer of the vehicle to the Renter by the Lessor. The Rental (Leasing) Agreement remains in effect until the vehicle is returned, as specified in the Agreement, or until the Renter’s obligations are fully fulfilled in case of a breach.

1.9. Reservation – the procedure for confirming the Renter’s agreement to rent (lease) a vehicle. The reservation can be made in any convenient form for the Renter (via the Website, by phone, through messengers, by email).

1.10. A Messenger is a program, mobile application, or web service for instant messaging. When interacting with the Renter, the Lessor uses messengers: WhatsApp, Telegram.

1.11. A Phone Call is a form of verbal communication using a telephone device and a public telephone network, mobile, satellite communication, switchboard, PBX, etc.

1.12. Reservation – an amount of at least 3000 rubles (depending on the rented vehicle), paid by the Renter at the stage of booking the Vehicle. The Reservation amount is credited towards the rental fee. In case of reservation cancellation, the deposited Reservation amount is non-refundable.

2. Subject and Procedure for Joining the Offer

2.1. Under this Offer, the Lessor provides Renters with the opportunity to choose and order Vehicles for their personal (non-business-related) use under a Rental (Leasing) agreement, on the terms defined by this Offer, the Rental Agreement, the applicable laws of the Russian Federation, and other documents.

2.2. In accordance with Article 437 of the Civil Code of the Russian Federation (hereinafter – the Civil Code), this document is a public offer addressed to an unlimited number of individuals, with an offer to conclude a Vehicle Rental (Leasing) Agreement under the terms outlined in this Offer.

2.3. This public offer contains all the essential terms of the Vehicle Rental (Leasing) Agreement and the rules for using the Website. Acceptance, i.e., full and unconditional consent to conclude a Vehicle Rental (Leasing) Agreement under the terms of this offer, is represented by the payment of the Reservation.

2.4. A public contract concluded in the manner described above is considered to be concluded in simple written form, requires documentation on paper, and holds full legal force.

2.5. The Lessor is not liable for any damage or lost profits incurred by the Renter as a result of providing services or using the Website.

2.6. By using the Website, the Renter agrees to abide by the terms and requirements outlined in this Offer. The use of certain services and features of the Website may be governed by separate rules applicable to such services and/or features. The application of such additional documents does not invalidate this Offer.

The Offer may be amended or supplemented by the Lessor without any special notice to the Renter. In this case, a new version of the Offer will be published on the Website, and the previous version will be attached as a separate file.

2.7. The provisions of this Offer are mandatory for all Renters. Renters can familiarize themselves with the current version of the Offer by going to the 'Public Offer' tab on the Website.

2.8. Renter's Guarantees. The Renter:

2.8.1. Guarantees that they are a citizen of the Russian Federation, legally competent, over 23 years old, hold a driver's license, have at least 12 months of driving experience, and are using the Website to familiarize themselves with the terms of this Offer.

2.8.2. Agrees to be responsible for the accuracy, relevance, and completeness of the information posted and provided, and for its freedom from claims by third parties;

2.8.3. Agrees to bear any form of responsibility that may arise from the actions/inactions of the Renter, directly or indirectly resulting from the use of the Website and/or Vehicles obtained and used by the Renter under the terms of Rental or Leasing.

2.8.4. The legal relations arising from the signing of this Offer are governed by the applicable laws of the Russian Federation, including Articles 12, 15, 309, 395 of the Civil Code of the Russian Federation, and Chapters 27, 28, 29, 34, 60 of the Civil Code.

3. Rules for Providing Vehicles for Rent (Lease)

3.1. The Lessor, using the information provided by the Tenant about themselves, verifies the authenticity of the information provided by the Tenant and their creditworthiness using any legal means.

3.2. If the Lessor determines that the information provided by the Tenant is inaccurate or that the Tenant is not creditworthy, the Lessor has the right to refuse the Tenant the lease of the Vehicle without explanation. In this case, the Tenant will receive informational messages from messengers stating that the lease is not possible. Any subsequent actions by the Tenant, as described in this Offer, will be impossible, and a rental (lease) agreement with the Tenant will not be concluded.

3.3. The Lessor has the right to refuse the Tenant in the following cases: providing deliberately false information, mismatch of the name on the bank card with the Tenant's name as stated in their Russian passport, lack of permanent registration in the Russian Federation, low creditworthiness assessment.

3.4. The acceptance of this Offer, according to the provisions of paragraph 2.3 of the Offer, is the payment of:

- A reservation fee of at least 3000 rubles. The Lessor and Tenant agree to sign the rental (lease) agreement at the moment the selected Vehicle is handed over to the Tenant, specifying the date and time of transfer of the Vehicle for rental (lease) and the rental (lease) period.

3.5. In case the Tenant refuses to sign the rental (lease) agreement or refuses to rent the Vehicle, the paid reservation fee is non-refundable.

4. Rights and Obligations of the Parties

4.1. The Lessor agrees to:

4.1.1. Inform the Tenant about all events directly or indirectly related to them during the rental process via phone calls and messengers.

4.1.2. Not disclose personal information about the Tenant, except in cases where Russian Federation law requires such information to be provided to the authorized regulatory authorities.

4.1.3. Transfer the Vehicle to the Tenant along with the registration certificate and insurance policy.

4.2. The Tenant agrees to:

4.2.1. Provide accurate personal data when signing the rental agreement. If false personal data is provided, the Lessor has the right to refuse the rental (lease) of the Vehicle.

4.2.2. Notify the Lessor within 1 day of any change in phone numbers, personal data, or banking details.

4.2.3. Inspect the Vehicle's appearance and functionality upon receiving it for rent (lease), and if there are any defects or discrepancies with the description on the website, notify the Lessor. If any damage, malfunction, or other circumstances preventing the use of the Vehicle are discovered, the Tenant has the right to agree with the Lessor on the repair timeline or refuse the agreement and immediately return the Vehicle to the Lessor.

4.2.4. Sign the vehicle return act when returning the Vehicle to the Lessor in accordance with the rental agreement.

4.2.5. Pay the rent in the amount and under the terms of the rental (lease) agreement and this Offer.

4.2.6. Return the Vehicle within the period specified in the rental agreement in the same condition and configuration as it was received, accounting for normal wear and tear, with a clean body and full fuel tank, along with the registration certificate and insurance policy, to the location specified in the rental (lease) agreement.

4.2.7. Present a passport and driver's license when receiving the Vehicle for rent (lease) and when returning it.

4.2.8. Treat the Lessor's Vehicle with care while it is being rented (leased).

4.2.9. Use the Vehicle for its intended purpose.

4.2.10. During the term of this Vehicle Rental (Lease) Agreement and this Offer, the Lessee must monitor its condition, technical performance, completeness, including the equipment installed on it, and bear the expenses related to its operation (such as the purchase of fuel, lubricants, etc.).

4.2.11. In the event of theft, loss, or damage to the Vehicle, its structural parts and components, or equipment installed on it, including as a result of an accident, the Lessee must immediately notify the Lessor and the Traffic Police (GIBDD). If the defects in the Vehicle are a result of the Lessee's violation of the rules for operating and maintaining the Vehicle, the Lessee shall pay the Lessor for the cost of repair and transportation of the Vehicle.

4.2.12. Agree with the Lessor on the replacement or dismantling of any structural parts of the Vehicle, including removable parts (battery, tires, rims, interior and body decorative elements, seat covers, floor mats, GPS tracker, navigator, recorder, radar detector, etc.).

4.2.13. Pay administrative fines related to the operation of the Vehicle according to the imposed penalties during the term of this Vehicle Rental Agreement and this Offer, no later than 5 days from the date of receiving the administrative fine, or receiving information from the Lessor via messenger about the received administrative fine during the rental period.

4.2.14. Return the Vehicle with a clean body, or pay for a full cleaning service in the amount specified in the Vehicle Rental Agreement.

4.2.15. In the case of contamination of the vehicle's interior, the Lessee must pay for its dry cleaning in the amount specified in the Vehicle Rental (Lease) Agreement. If dry cleaning is necessary, the Lessor will make a note in the vehicle return act at the time of its return by the Lessee.

4.2.16. Return the Vehicle with a fuel level no lower than when the Vehicle was received or compensate the cost of the missing fuel according to the rates specified in the Vehicle Rental Agreement if the fuel level is lower than when the Vehicle was received.

4.2.17. Do not smoke or consume alcoholic beverages in the Vehicle's interior.

4.2.18. Do not consume alcoholic beverages, narcotic, or psychoactive substances before or while operating the Vehicle.

4.2.19. Refuel the Vehicle only with gasoline - no lower than the AI-95 grade.

4.2.20. Do not tow other vehicles or cargo using the Vehicle provided by the Lessor.

4.2.21. Fulfill other obligations and comply with other guarantees specified in the Vehicle Rental (Lease) Agreement.

4.3. The Lessor has the right to:

4.3.1. Require the Lessee to comply with the terms of this Offer and the Vehicle Rental Agreement.

4.3.2. Use (process, etc.) the Lessee's personal data based on the terms of this Offer.

4.4. The Lessee has the right to:

4.4.1. Require the Lessor to comply with the terms of this Offer and the Vehicle Rental Agreement.

4.4.2. With the Lessor's consent, make non-removable improvements to the Vehicle. After the expiration of the Vehicle Rental Agreement, the cost of non-removable improvements will not be reimbursed to the Lessee.

4.4.3. Terminate the Vehicle Rental Agreement at any time by notifying the Lessor in writing at least 2 calendar days before the intended termination.

5. Payment Procedure

5.1. The rental fee under the Vehicle Rental Agreement is specified on the Website for each day of use of the Vehicle.

5.2. The Lessee must pay the Reservation fee before receiving the Vehicle as follows:

- By transferring funds to the account specified by the Lessor.

Subsequent rental payments are made by the Lessee in the manner specified in the Vehicle Rental Agreement.

5.3. In case of early return of the Vehicle, the rental fee will be recalculated according to the terms of the Vehicle Rental Agreement.

5.4. Upon receiving the Vehicle, the Lessee pays the security deposit to the Lessor in the amount specified in the Vehicle Rental Agreement. The procedure for paying and returning the security deposit is determined by the Vehicle Rental Agreement.

5.5. Other payment terms and procedures for calculation are provided in the Vehicle Rental Agreement.

6. Liability of the Parties

6.1. In case of death, theft, loss, or damage to the Vehicle, the Lessee must reimburse the Lessor for the damages within 7 (seven) days from the moment the Lessee is notified by the Lessor in any manner, based on the determined cost of the Vehicle's restoration.

6.1.1. In case of death, theft, or damage to the Vehicle, the Lessee is also required to compensate the Lessor for losses related to the downtime of the Vehicle due to its death or repair, calculated based on the rental fee agreed upon by the parties in the Vehicle Rental Agreement.

6.1.1.1. In case of the Vehicle's death, losses are calculated daily, from the date the remaining parts of the Vehicle are returned to the Lessor, until the date the Lessee pays for the Vehicle.

6.1.1.2. In case of damage to the Vehicle, losses are calculated daily, from the date the Vehicle is returned to the Lessor, until the date the Lessee pays for the Vehicle's restoration cost.

6.1.1.3. In case of theft of the Vehicle, losses are calculated daily, from the date the Lessee or Lessor notifies law enforcement about the theft of the Vehicle, until the date the Lessee pays for the Vehicle's restoration cost or the cost of the Vehicle after it is returned to the Lessor.

6.2. For a violation of the rental payment deadline, the Lessee must pay the Lessor a penalty of 1% of the debt amount for each day of delay.

6.3. For late return of the Vehicle, the Lessee must pay the Lessor a fine of 250 rubles for each hour of delay, but not more than 4 hours. If the Vehicle is returned more than 4 hours late, a fee equal to one day's rental will be charged.

6.3.1. For failure to return the Vehicle to the Lessor within the agreed period, or failure to sign the Vehicle return act, the Lessee must pay the Lessor a penalty as specified in the Vehicle Rental Agreement.

6.4. For transferring the Vehicle to another person for use, the Lessee must pay a fine of 50% of the Vehicle's value, as agreed by the parties in the Vehicle Rental Agreement.

6.5. For loss or damage to the insurance policy or registration certificate, the Lessee must pay the Lessor a fine of 5000 rubles.

6.6. For violation by the Lessee of clauses 4.2.14, 4.2.20, 4.2.21, 6.2, 6.3, 6.4 of this Offer, the security deposit specified in clause 5.4 of the Offer is not subject to return by the Lessor.

6.7. For violation of clause 4.2.14 of the Offer, the Lessee must compensate the Lessor for losses related to the settlement of administrative fines and pay a penalty twice the amount of the fines paid by the Lessor. A document confirming the Lessor's receipt of the administrative fine may be a copy of the ruling on the administrative offense case, including one made by converting an electronic document into a paper document, with a note of its signature by the GIBDD's digital signature.

6.8. In case of violation of clauses 4.2.18, 4.2.19, or refusal by the Lessee to undergo medical examination upon the request of law enforcement officers, the Lessee must pay a fine of 20% of the Vehicle's value as agreed by the parties in the Vehicle Rental Agreement.

6.9. For loss or damage to the keys or alarm remote control provided, the Lessee must pay the Lessor a fine of 35,000 rubles.

6.10. From the moment the Lessee receives the Vehicle until its return to the Lessor, the Lessee is responsible for any harm caused to the life and health of third parties, as well as for any damage caused to the property of third parties.

7. Amendment and Termination of the Agreement at the Lessor's Initiative

7.1. Early termination of the Agreement at the Lessor's initiative is allowed in the following cases:

- if the Lessee uses the Vehicle in violation of the terms of this Agreement and/or for purposes other than those intended;

- if the Lessee intentionally damages the condition of the Vehicle or fails to fulfill the obligation to maintain it properly;

- if the Lessee does not make rental payments on time;

- in other cases provided for in the Vehicle Rental Agreement.

In case of early termination of the Agreement at the Lessor's initiative, the Lessor has the right to remotely block the Vehicle and independently return it to their parking lot. By signing the Rental (Lease) Application, the Lessee agrees that for the purposes of interpreting this clause, the date and time of the Vehicle's return to the Lessee will be considered the date and time when the Lessee is notified by any means that the Vehicle has been seized and returned to the Lessor.

8. Intellectual Property Terms

8.1. All objects placed on the Website, including design elements, text, graphic images, illustrations, videos, scripts, programs, music, sounds, and other objects and their compilations (hereinafter – Content), are the exclusive property of the Lessor. All rights to these objects are protected by the relevant laws of the Russian Federation.

8.2. The Lessee, as well as any third parties, may not use any materials and information placed on the Website without the prior written consent of the Lessor.

9. Personal Data

9.1. The Lessee gives their consent to the Lessor for the automated (as well as non-automated) processing of the Client's personal data, i.e., for the actions provided for in Clause 3, Part 1, Article 3 of Federal Law No. 152-FZ of July 27, 2006 ‘On Personal Data’, with respect to the personal data provided by the Lessee.

9.2. The Lessor processes the Lessee's personal data for the purpose of fulfilling the Lessee's rental (lease) agreements, providing services to the Lessee, and preventing the non-return of Vehicles from rental. The Lessor has the right to share the Lessee's personal data for checking their creditworthiness through specialized credit institutions, identifying data entered by the Lessee during registration on the Website, searching for the Lessee in case of evasion from returning the Vehicle, and performing other necessary actions.

9.3. The Lessor has the right to process the Lessee's Personal Data in any necessary way, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), anonymization, blocking, deletion, and destruction of personal data.

9.4. During the processing of personal data, the Lessor has the right to transfer personal data to third parties if necessary to achieve the purposes of processing, provided that the third parties comply with the confidentiality and security of the Personal Data.

10. Force Majeure

10.1. The parties are exempt from liability for non-performance or improper performance of their obligations under the Agreement in case of force majeure, which includes: natural disasters, civil unrest, prohibitive actions by authorities, and other force majeure circumstances.

10.2. The party that fails to perform its obligation due to force majeure must immediately notify the other party about the obstacle and its impact on the performance of obligations under the Agreement and provide the corresponding document from the competent authority.

11. Other Terms

11.1. The terms of this Offer apply to any orders for Vehicles by the Lessee an unlimited number of times, provided that the Lessee complies with the procedures and conditions of the Rental (Lease).

11.2. All annexes to the Offer are an integral part of it:

- Vehicle rental (lease) agreement;

- Vehicle transfer and return act.

11.3. Disputes not resolved through negotiations will be referred to the court of general jurisdiction in the city of Barnaul, Altai Krai.