Rocket Assistance is a platform (the "Platform") through which individuals or legal entities (the "Customers") can order services for the transportation of a vehicle, including a vehicle or machinery (the "Cargo"), or a vehicle that has been damaged or has broken down or has been involved in an accident (the "Transportation Services"), or any other roadside assistance or related services (generally referred to as the "Roadside Services"), which will be provided by the individuals or legal entities (the "Carriers") who provide roadside services.
The Platform is managed and the Roadside services are provided by UAB "Rocket assistance", legal entity code 306232115, registered office address V. Nagevičiaus g. 3, LT-08237 Vilnius, Lithuania ("we" or "Platform Manager"). You can contact us at the following addresses: a) phone: +370 693 97 600, b) e-mail: [email protected], c) address: Tarandės g. 34A, LT-14188 Vilnius, Lithuania.
Roadside services are provided by Carriers and the Platform Manager is not a Roadside Service Provider. The Platform Manager provides the Platform services and from the moment of conclusion of the Contract (as defined in Clause 6.2 of the Rules) acts as a freight forwarder (intermediary) in relation to a particular Customer, which, in accordance with these Terms and Conditions (the "Terms") and with the Customer's order for the Roadside services (the "Order") submitted via the Platform and accepted by the Platform manager, undertakes to transport the Customer's or their lawful possession of the Cargo on behalf in the Customer's name and at Customer's expense, and to carry out any other actions in connection with the Order, to the extent provided for by the Rules.
WHAT DO THESE TERMS MEAN?
These Terms constitute an agreement between us (the Platform Manager) and the Customer or the Carrier according to which we provide the Platform services, i.e. enable the Customer to order and receive Roadside Services using the Platform services and the Carrier to provide Roadside Services to the Customer. Upon acceptance of the Customer's Order by the Platform Manager, from the time of entering into the Contract (as defined in clause 6.2 of the Terms) these Terms shall also form part of the contract for the Platform Services and the Forwarding Services between the relevant Customer and the Platform Manager ("Contract").
The Platform Manager shall process the data provided by Customers and Carriers via the Platform for the purposes and in accordance with the procedure set out in the Privacy policy.
A person wishing to become a Carrier and to provide Roadside Services via the Platform must meet the requirements of the legislation and the Platform Manager and must have entered into a contract for the provision of transportation or other services with the Platform Manager. To become a Carrier, please contact us using the contact details set out at the beginning of these Terms.
CUSTOMERS
A customer is an individual or a legal entity who orders Roadside Services through the Platform. If the Roadside Services are Transportation services, the Customer can be both the consignor and the consignee. The Customer, with respect to Platform Manager and Carrier, is responsible for actions and inaction of the consignor and consignee, their representatives and other individuals involved in Roadside Services provision and Cargo transportation on consignor's and consignee's side.
In order to order Roadside Services via the Platform, the Customer does not need to be a registered user or have an account on the Platform.
A person is entitled to become a Customer and to order Roadside Services (to place an Order) only if they are able to enter into a binding contract with the Platform Manager in accordance with the applicable law and only if he/she complies with these Terms and the applicable law. If you are under 18 years of age, you may only place an Order with the consent of your parents or other legal representatives. By placing an Order on the Platform, the Customer confirms that he/she is 18 years of age or older, or has the consent of his/her parents or other legal representatives (if the Customer is a individual), or has the right to represent the legal entity on whose behalf they are acting (if the Customer is a legal entity).
If the Customer is a legal entity or a individual who uses the Platform and orders the Roadside Services for purposes related to their business, trade, craft or profession and not to satisfy their consumer needs, the requirements of consumer protection legislation will not apply. The provisions of these Terms which target consumers will only apply if the Customer is a individual and uses the Platform as a consumer, unless otherwise agreed with the Platform Manager.
ORDER PLACEMENT
When placing an Order on the Platform, the Customer shall provide all information requested on the Platform and any other information known to the Customer that may be relevant to determine the conditions for the provision of Roadside Services, the conditions for the loading and carriage of the Cargo, the means required and the costs:
The exact location (address) where the Cargo will be loaded and unloaded;
Weight of the Cargo;
Information about the location and circumstances of the Cargo, access to the Cargo, circumstances that may complicate the loading of the Cargo or the provision of Roadside Services, etc. including such information about the Cargo if it's a vehicle:
the vehicle is in a hard-to-reach area, e.g. a narrow street, a garage with a low ceiling, limited access to the site, the vehicle is parked parallel to the pavement;
the mobility of the vehicle is limited due to the type of gearbox, e.g. when its manufacturer strongly advises against towing without non-standard means of loading (in this case, the Customer assumes all risk by allowing the Carrier to load such a vehicle);
the gearbox is locked, i.e. it cannot be shifted into neutral;
the steering wheel or brakes are locked;
Damage to the wheels or chassis (e.g. after an accident);
the vehicle won't start;
no ignition key, without which the steering wheel can lock during loading.
When placing an Order, the Customer shall provide photos of the Cargo and its location, which may help the Platform Manager and/or the Carrier in assessing the feasibility, means and cost of providing Roadside Services. The Customer shall ensure that the photos uploaded to the Platform do not contain any images of persons, other objects identifying or capable of identifying persons, or property belonging to other persons. Photographs submitted by the Customer via the Platform shall be transmitted to the Carrier.
When placing an Order, the Customer must provide correct details.
Before paying for an Order, the Customer must ensure that the details provided in the Order are correct and that the contents of the Order (including the addresses of the loading and unloading locations) are accurate and factual. The Customer shall have the opportunity to correct errors, if any, before placing and paying for the Order.
In the event of any doubt regarding information provided by the Customer at the time of the Order, the Carrier (its representative) may contact the Customer and ask for additional information.
Order Price AND PAYMENT
The price to be paid by the Customer when placing an Order via the Platform (the "Order Price") shall be calculated and provided to the Customer in accordance with the information provided by the Customer in the Order (including the weight of the Cargo, the place of loading and unloading, etc.). The Order Price shall be quoted in Euros. The Order Price is inclusive of all taxes.
The price of the Roadside Services may vary and in addition to the Order Price, the Customer will be liable for additional costs related to the loading, transportation or unloading of the Cargo or other roadside assistance, which, although not covered by these Terms and not specified in the Order, but which could not reasonably be foreseen by the Platform Manager and/or the Carrier and which may arise during the process of accepting the carriage of the Cargo, the loading, transportation or unloading of the Cargo, or the provision of other roadside assistance, such as: (a) in the event of the discovery of characteristics of the Cargo or the possibility of loading the Goods (for example, the need for additional special equipment) which the Customer did not inform the Carrier of at the time of placing the Order, and which the Carrier could not have objectively evaluated on the basis of the information provided by the Customer; or (b) in the event of the discovery of the Customer's failure to provide information or the full details described in the clause 4.1 of these Terms, (c) the Customer has changed the place of unloading of the Cargo. In such cases, the Customer shall cover additional costs through the Platform or directly to the Carrier before the Cargo is loaded or other Roadside Services are provided. Failure to do so shall entitle the Carrier to refuse to provide the Roadside Services as it shall be deemed to be the fault of the Customer and the Order Price paid by the Customer shall not be refunded.
The Customer shall also pay the Carrier (directly or through the Platform) for the downtime exceeding 15 (fifteen) minutes if the downtime is not due to the fault of the Carrier. The remuneration for the downtime shall be paid in accordance with the rates set out on the Platform.
ORDER CONFIRMATION
An Order shall be deemed to have been placed from the moment the Platform Manager receives the Order and the payment service provider's confirmation of full payment of the Order Price.
Once the Customer has placed an Order and paid the Order Price, the Platform Manager shall assign the Order to a Carrier, which the Platform Manager shall select at its sole discretion, taking into account the availability of the Carriers and the distance to the place of loading and unloading or the location of other Roadside Services. Once the Platform Manager has located and assigned a Carrier and the Carrier has confirmed that it will execute the Order, the Platform Manager shall notify the Customer of the acceptance of the Order and shall inform the Customer of the estimated time of arrival of the Carrier at the place of loading of the Cargo / provision of Roadside Services. The Order shall be deemed to have been accepted and a Contract shall be deemed to have been formed between the Customer and the Platform Manager from the moment the Platform Manager notifies the Customer of the acceptance of the Order ("Conclusion of Contract").
If the Platform Manager is unable to find a suitable Carrier within one hour of the payment of the Order Price, the Platform Manager shall notify the Customer at the email address or phone number specified in the Customer's Order, and shall offer an alternative scenario for the transportation of the Cargo or the provision of other Roadside Services, such as scheduling service provision on a subsequent day, or shall refund to the Customer the full amount of the Order Price paid within twenty-four (24) hours from the time of the Order payment.
PROVISION OF ROADSIDE SERVICES
General provisions
The Carrier shall provide the Roadside Services in accordance with these Terms, the information provided by the Customer in the Order and the Carrier and the Platform Manager's contract for the provision of transportation or other services.
The Consignor must allow the Carrier to take photos of the Cargo to avoid disputes over damage caused during loading, transportation and unloading. Failure to do so, or obstruction to do so, shall entitle the Carrier to refuse to provide the Roadside Service and it shall be deemed to be the fault of the Customer, and the Customer's payment of the Order Price shall not be refunded.
At the Carrier's request, the Consignor of the Cargo must provide the Carrier with one of the documents proving the Customer's ownership or other rights to the Cargo: the registration certificate of a vehicle, a sale and purchase agreement or invoice, a rental agreement. If the Sender fails to prove ownership or other rights, the Carrier shall be entitled to refuse to provide the Roadside Service, and it shall be deemed to be the fault of the Customer and the Customer's payment of the Order Price shall not be refunded.
Transportation services
The Customer shall ensure that the Cargo is handed over to the Carrier at the place of loading of the Cargo at the agreed time, in the presence of the consignor (or their legal representative).
A bill of lading, if any, shall be drawn up and signed when the Carrier accepts the Cargo and loads it. The Cargo shall be deemed to have been accepted by the Carrier when the Carrier accepts the Cargo and signs the Bill of Lading.
Loading, securing, transporting and unloading of the Cargo shall be performed by the Carrier.
Upon arrival of the Cargo at the place of discharge, the Carrier shall hand it over to the Consignee together with the second copy of the Bill of Lading, if any. The Cargo shall be deemed to have been delivered to the Consignee and the Carriage Services shall be deemed to have been fully performed from the time of the Consignee's signature on the Bill of Lading, if any, or from the time of the actual handing over of the Cargo to the Consignee, if no Bill of Lading has been drawn up (the "Moment of provision of Transportation Services"). Upon receipt of the Cargo, the Consignee shall inspect the Cargo and, in the event of any defect or damage to the Goods, shall indicate such defect or damage in the Bill of Lading or otherwise inform the Carrier.
If the consignee refuses to accept the Cargo or to sign the Bill of Lading, or if the consignee of the Cargo specified to the Carrier is not available or cannot be found by the Carrier at the specified place of discharge, the Carrier shall notify the Customer and the Platform Manager. Unless otherwise instructed by the Customer, the Carrier shall return the Cargo to the Customer or may accept the Cargo for temporary storage at the Customer's expense. All costs associated with the Carrier's actions under this clause shall be borne by the Customer.
Transportation Service does not apply to the transportation of persons, however, if necessary and at the Customer's request, the Carrier may carry the Customer / Consignor or any other person (one or more persons, depending on the Carrier's means of transport, and in compliance with the rules of the road or the requirements of any other legislation) together with the Cargo.
ORDER CANCELLATION
The customer has the right to cancel the Order prior to the Conclusion of Contract. In this case, the Platform Manager shall refund to the Client the full amount of the Order Price paid by the Client within 24 (twenty-four) hours from the moment of payment.
If the Client cancels the Order (and thereby unilaterally terminates the Contract between the Client and the Platform Manager) (a) not more than ten (10) minutes after the moment of conclusion of the Contract and not later than the Moment of provision of the Roadside Service, the Platform Manager shall refund to the Client eighty percent (80%) of the Order Price; (b) ten (10) minutes or more after the Contract price has been reached, the Roadside Service shall be deemed not to have been provided due to the Customer's fault and the Order Price shall not be refunded to the Customer.
If the Customer uses the Platform and places an Order as a consumer (i.e. the Customer is an individual acting for purposes unrelated to their business, trade, craft or profession (consumer purposes)), the Customer shall be entitled to withdraw from the Contract within 14 (fourteen) calendar days as provided for in Article 6.228 (10) of the Civil Code of the Republic of Lithuania. In this case the following rules shall apply:
The right of withdrawal shall be valid until the Moment of provision of the Roadside Service and the period of 14 (fourteen) days shall start to run from the moment of conclusion of the Contract. In the event of the Client's withdrawal from the Contract, the Platform Manager shall be entitled to claim pro rata remuneration for the Platform and forwarding services and the Roadside Services provided up to the moment when the Client has given the Platform Manager notice of withdrawal. Unless proven otherwise, the proportions of the Order Price refunded to the Customer as set out in Clause 8.2 of the Terms and Conditions shall apply in such case.
By placing an order, the Customer agrees that the Platform services and Roadside Services will be provided before the 14-day period expires, and acknowledges that they will lose the right to withdraw from the Contract.
In order to cancel an Order or to exercise the right to withdraw from the Contract, the Customer must notify the Platform Manager by email within the specified time period.
INTELLECTUAL PROPERTY
The trademarks and logos used on the Platform, the domain name, the Platform itself, as well as all individual elements thereof, including texts, photos, graphic elements and all materials contained on the Platform, the presentation, image and design of any page on the Platform, and all intellectual property rights therein, are the exclusive property of the Platform Manager and/or other persons. You agree not to copy, modify or otherwise use these intellectual property items without the express written consent of the rights holder.
You agree not to attempt to investigate or test the vulnerability of any system or network used to operate the Platform, to breach any security or authentication measures, or to attempt to decrypt, reverse engineer, disassemble, disrupt, or modify any software or databases used to operate the Platform.
You may not use the Platform in any manner that could jeopardize the proper functioning, security, integrity, or use of the Platform or any related software or restrict the ability of others to use the Platform.
LIABILITY
When using the Platform, you must provide all correct and complete information requested. If the Customer does not provide all the necessary information or provides inaccurate information, the Platform Manager shall be entitled to suspend the provision of the Platform Services and/or the execution of the Contract until such information is provided. The Customer shall be liable for any loss suffered by the Platform Manager as a result of the Customer's failure to provide all correct and complete information requested.
The Platform Manager shall be liable for any damage suffered by the Customer and/or damage caused to the Cargo from the time of acceptance of the Cargo to the time of its delivery or during the period of the provision of services other than the provision of the Transportation Service (i.e. Roadside Services), in accordance with the rules applicable to the freight forwarder, and to an extent not greater than the extent to which the Carrier shall be liable to the Platform Manager for any such damages.
Neither the Carrier nor the Platform Manager shall be liable for damage caused by loss of, shortage of, or injury to the Cargo if (a) the damage was not caused by the fault of the Carrier or the Platform Manager, or (b) the Carrier and/or the Platform Manager took all reasonable measures to avoid the damage, or were unable to take such measures.
Unless the breach is due to the Platform Manager's intent or gross negligence or liability for personal injury, loss of life or non-pecuniary damage, the Platform Manager's liability under these Terms and/or the Contract shall be limited to the amount of the price of the Order.
All claims for loss, shortage or damage to the Cargo or for deficiencies of Roadside Services which the Consignee could have objectively determined before the Moment of provision of the Transportation Service (when accepting the Cargo from the Carrier) or before the Moment of provision of a Roadside Service other than the Transportation Service (the "Moment of provision of the Roadside Service"), the Consignee must indicate on the Bill of Lading or otherwise to the Carrier without undue delay. Failing to do so, the Customer may submit such claims to the Platform Manager within a maximum of 1 (one) business hour from the Moment of provision of the Roadside Service. In the event that the Customer discovers defects or damage to the Cargo or deficiencies in the Roadside Services which could not have been identified prior to the Moment of provision of the Roadside Service and which occurred during the provision of the Roadside Service, the Customer may make such claims to the Platform Manager no later than seven (7) days from the Moment of provision of the Roadside Service.
The Customer shall be liable for any damage caused by the Customer, its representative or any other person whom the Carrier may carry with the Cargo, or by the consignor or consignee of the Cargo, to the Operator of the Platform, the Carrier or their property.
The Platform Manager reserves the right to recover the Order Price from the Customer in civil proceedings under applicable law in the event that the Customer unreasonably or in breach of these Terms decides to recover the amount paid by way of a protection scheme (e.g. charge-back) provided by banks.
The Platform Manager has the right to prohibit the use of the Platform if it suspects that someone is using the Platform in an unauthorised manner, in breach of these Terms or the requirements of applicable law, or if the Platform Manager receives a relevant order from a public authority or a court.
AMENDMENTS AND TERMINATION
We may change these Terms from time to time for important reasons (e.g. changes in legislation, changes in the operation/functionality of the Platform, etc.) or otherwise. The latest (current) version of the Terms will always be visible and accessible on the Platform.
We have the right to discontinue (terminate) or suspend the Platform at any time.
OTHER CONDITIONS
These Terms are made and shall be construed in accordance with the laws of the Republic of Lithuania.
Any disputes, disagreements or claims arising out of or in connection with these Terms, as well as questions of breach, termination or validity of these Terms, shall be settled in the courts of the Republic of Lithuania in accordance with the procedure established by the laws of the Republic of Lithuania. The State Consumer Rights Protection Service (address: A. Goštauto g. 12, LT-01108 Vilnius, tel. (8 5) 262 6751, e-mail: [email protected]; website address: http://www.vvtat.lt) shall be the competent entity for out-of-court settlement of consumer disputes arising out of the present Regulations, and the complaint may also be submitted via the electronic dispute resolution platform http://ec.europa.eu/odr.
All warnings or other notices relating to these Terms will be given by email (if sent to the Platform Manager, to the email address set out at the beginning of these Terms, and if sent to the Customer or the Carrier, to the email address set out in their use of the Platform).
If any provision of these Rules is or becomes wholly or partially invalid, the validity of the remaining provisions shall not be affected.