The contract with the drivers of the federal TC "Autoempire" in Russia
CONTRACT OFFER RENT OF VEHICLES WITH CREW # 2
Moscow Editorial Board dated 07/01/2019
This document has legal force in accordance with Art. 434 of the Civil Code of the Russian Federation and is equivalent to the contract signed by the parties.
EMPIRE Limited Liability Company, represented by the General Director Alexander Alexandrovich Pavlov, acting under the Charter, hereinafter referred to as the “Tenant”, addresses this Offer Agreement (hereinafter referred to as the agreement text) to individuals and legal entities, as well as individual entrepreneurs, owned vehicles (hereinafter referred to as CU) that meet the requirements specified in clause 1 of this contract, hereinafter referred to as Landlords who have expressed their willingness to provide with military vehicles with a crew for rent in accordance with the procedure established in paragraph 2 of this contract.
The contract, according to paragraph 2 of article 437 of the Civil Code of the Russian Federation, is a public offer, the acceptance of which conditions (acceptance) is the performance of actions stipulated by the agreement.
1. REQUIREMENTS FOR CU and CREW
1.1. The Tenant considers the following options for a vehicle for rent:
- cars of executive or business class, not older than 5 years, in good condition, without visible damage, with leather interior and air conditioning, black or white (convertibles and executive class cars are considered any color);
- conditioners with a conditioner not older than 5 years;
- microbuses with a tourist lounge (with folding backs) and air conditioning, not older than 5 years, equipped with tachographs;
- buses with a tourist lounge (with folding backs) and air conditioning, not older than 8 years, equipped with tachographs;
Limousines without visible damage and with serviceable equipment;
All vehicles must be in good condition and have all the necessary equipment and documentation required by the legislation of the Russian Federation for the transport of passengers.
1.2. The crew of the vehicle should consist only of citizens of the Russian Federation, have the appropriate qualifications, driving experience of 5 years, it is good to know the city in which the vehicle will be rented, should not have a criminal record, as well as alcohol or drug addiction, etc.
2. ORDER OF CONCLUSION OF THE CONTRACT
2.1. A landlord who owns a vehicle with a crew that meets the requirements of paragraph 1 of this contract, and who wants to enter into an agreement with the Tenant, is registered on the website www.avtoimperiya.com in the "Jobs" section (fills in all the necessary information and uploads photos of necessary documents) sends a photo of the necessary documents on WhatsApp to the number 8-994-777-0001 or 8-994-7777-007.
2.2. The Tenant checks the information provided and contacts the Landlord to negotiate the rates.
2.3. By registering (or sending photos of documents) the Landlord fully accepts the terms of this agreement (accepts the offer).
2.4. After successful acceptance of this offer and passing the check, the Landlord’s vehicle becomes available for booking on the Tenant’s website www.avtoimperiya.com for individuals within 3 working days.
2.5. After the successful acceptance of this offer, the data of the Landlord are transmitted to the security services for inspection, in case of successful passage of which the Landlord’s vehicle and crew will be allowed to serve international and governmental delegations.
2.6. This contract shall be deemed to be concluded for an indefinite period after the acceptance of the offer by the Lessor.
3. SUBJECT OF CONTRACT
3.1. The Landlord undertakes to provide the Lessee with temporary possession and use specified during registration on the site www.avtoimperiya.com of the vehicle belonging to him by the right of ownership and to provide his own management and technical maintenance services.
3.2. Vehicle rented is used to transport passengers and baggage.
3.3. The landlord guarantees the compliance of the vehicle being rented to the vehicle, the requirements of the current legislation of the Russian Federation for its intended purpose, the design of the technical requirements for passenger transportation and admission in the prescribed manner to participate in road traffic, as well as its tidy and clean condition.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The landlord must:
4.1.1. To transfer to the Tenant in temporary possession and use, for an agreed period of time, the vehicle specified in the application in a technically sound and clean condition, equipped with the necessary accessories ensuring its operation, for use in the interests of the Tenant.
4.1.2. Transfer to the Tenant of the vehicle, together with all the documents stipulated by the Rules of the road and other applicable laws of the Russian Federation and the Republic of Belarus, defining its use for its intended purpose.
4.1.3. Ensure that the composition of the crew and its qualification requirements of the Rules of the road and other applicable laws of the Russian Federation, defining the requirements for drivers with regard to passenger traffic.
4.1.4. Ensure that the vehicle passes the pre-trip technical inspection and make a corresponding mark on the waybill.
4.1.5. Ensure the passage of pre-trip and post-trip medical examination by the driver of a rented vehicle and make an appropriate note on the waybill.
4.1.6. Provide, established by the current legislation of the Russian Federation, compulsory liability insurance for causing harm to third parties during the operation of the vehicle, as well as life insurance of passengers.
4.1.7. Ensure that the crew fulfills the Tenant’s orders for renting the vehicle related to the commercial use of the vehicle during the vehicle rental period.
4.1.8. To be liable to the Lessee and third parties for damage caused by the fault of the drivers and the technical condition of the vehicle leased.
4.1.9. To incur expenses for the crew, fuel, lubricants and other operational materials, spare parts, maintenance of the vehicle in a technically sound condition, as well as other fees.
4.1.10. Ensure that the equipment of the vehicle meets the requirements for the transport of passengers.
4.1.11. The landlord undertakes no more than 2 times a year to provide the vehicle without compensation in a pure form with the crew (dressed in accordance with the work standards) at the request of the Tenant for photo shoots, video shootings, participation in promotions, service for show business stars and partners The tenant on the terms of cross-promo, joint PR-actions and other unpaid events for promotional purposes, for all the necessary time for this.
4.1.12. The Landlord undertakes no more than 2 times a year to provide the vehicle free of charge with its crew (dressed in accordance with the standards of work) at the request of the Lessee for charity events.
4.1.13. The Landlord is obliged to notify the Lessee about changes in the data specified during registration within a day from the moment such changes occur, sending a notification and a photo of the documents with the changed data by e-mail to firstname.lastname@example.org, as well as informing about it at 8-800- 222-07-17.
4.2.1. The Landlord gives his consent to the Tenant to transfer the vehicle to sublet without receiving additional written approval for each such fact.
4.3. The tenant must:
4.3.1. Provide the driver of the leased vehicle with information on the conditions of transportation required to fulfill the task of transporting passengers and provided for by the current legislation, the Charter of road transport and the Rules for the transport of passengers.
4.3.2. Ensure the use of the vehicle with the obligatory observance of the driver’s work and rest regime established by the legislation of the Russian Federation
4.3.3. To pay the rent in the amounts, terms and in the manner prescribed by the Agreement.
4.3.4. In case the Landlord is an individual, the Lessee is a tax agent, withholds 13% of personal income tax from the rental amount and transfers to the FTS.
4.3.5. In case the Landlord is an individual, the cost of the driver’s services is included in the rental price of the vehicle and amounts to 5% of the total rental amount of the vehicle. The tenant makes all the necessary contributions to the funds (PFR, FSS, OMS) of the cost of the services of the driver at his own expense.
4.3.6. If the Landlord is a legal entity or an individual entrepreneur, then the Tenant pays him the rent in full, and the Landlord makes all necessary contributions to the FTS and funds independently, in the manner prescribed by law.
4.4. Revenues received by the Lessee as a result of using the above TS in accordance with the Agreement are its property.
5. SIZE, TERMS AND PROCEDURE FOR MAKING THE RENT
5.1. The rent for the use of the Vehicle is calculated after the application is completed, for the actual time of vehicle use or the distance traveled, calculated using objective monitoring tools (GPS / Glonas monitoring), or by way tickets. Payments are made only by bank transfer, taking into account the minimum cost of rent and the rates specified during registration.
5.2. The rates specified during registration, as well as the minimum order, the Landlord can change for future applications by calling the Lessee at t. 8-800-222-07-17. At the same time, the new tariffs will be valid only for new applications that have been submitted after the changes have been made (and the Landlord undertakes to work on all the applications already taken according to the tariffs in effect at the time these applications are accepted).
5.3. Applications are transmitted by phone / sms / Whatsapp / e-mail specified by the Landlord during registration.
5.4. Payment of the rent to the Lessor is made by the Lessee in case of successful completion of the order on the basis of the Order, within 5 working days (depending on the Lessor's bank) from the moment of receipt of the full payment to the Tenant’s account from the Subtenant.
5.5. The tenant and the landlord do not sign acts. Payment confirms the quality of services.
5.6. VAT is not charged in accordance with paragraph 2 of article 366.11 of the Tax Code of the Russian Federation, since The tenant applies the simplified tax system.
6. WORK ORDER
6.1. After acceptance of the offer of the Lessor’s vehicle, it becomes available for booking on the Tenant’s website www.avtoimperiya.com
6.2. The Landlord leases the vehicle with the crew to the Tenant’s requests upon prior agreement.
6.3. The driver must warn passengers about half an hour about the end of the rental time, and clarify whether an extension is necessary.
6.4. If the planned rental time is exceeded, to close the application, you need to call on t. 8-800-222-07-17, to fix the rental parameters and invoice to the Subtenant.
6.5. All payments are made only by bank transfer. Neither the Landlord nor its drivers have the right to take cash from passengers.
7. STANDARDS OF WORK
7.1. The driver of the vehicle must arrive at the place of filing specified in the application in advance, on a completely clean machine and in appropriate clothing 15 minutes before the filing time specified in the application.
7.2. The driver of the vehicle must be neatly dressed in a formal business style (light shirt, dark trousers, shoes, or on request a suit with a white shirt and tie).
7.3. The driver should be polite and friendly with passengers, should offer help with luggage, open the door if necessary, give a hand to the lady.
7.4. In the cabin of the vehicle should be quiet quiet music, at the request of passengers, you must switch the radio station or turn down / add volume.
7.5. In the cabin of the vehicle should smell good, there should be no sharp odors.
7.6. In the cabin of the vehicle should always be a comfortable temperature, even while waiting for passengers !!! Those. In the summer, the air conditioner is always on, in the winter - the heater, so that passengers sit in the cool lounge in the summer, and in the winter in the warmed up !!! At the request of the client must be made warmer or colder.
7.7. Inside the vehicle should be a car charger for smartphones based on ios and android, as well as an umbrella.
7.8. In the cabin should be non-carbonated drinking water and napkins.
7.9. In the vehicle there must be a first aid kit, fire extinguisher, emergency stop sign, etc.
7.10. The driver of the vehicle should be unobtrusive, keep the conversation going if the passenger first wants to communicate.
7.11. The driver of the vehicle must not smoke at the time of ordering either in the vehicle cabin or near it.
7.12. The driver of the vehicle should not talk on the phone at the time of booking with passengers. Call only the dispatcher if necessary, with a full stop, or using a headset.
7.13. The driver must adhere to a calm, safe, smooth driving style, slow down in advance at traffic lights or in front of an obstacle. In cases where the passenger asks to hurry, go quickly but not breaking traffic rules.
8. RESPONSIBILITY OF THE PARTIES
8.1. The Party that failed to perform or improperly performed its obligations under the Agreement shall indemnify the other Party for the losses caused.
8.2. The lessor confirms that the car is not under arrest for the duration of the contract and the car is not a subject of disputes of third parties.
8.3. In the case of actions that damage the Tenant’s business reputation, the rent is not paid, and the Landlord is obliged to reimburse the Lessee for any damages incurred, as well as to pay compensation of $ 300,000. (Three hundred thousand rubles) within 7 banking days from the moment of these actions.
Actions that harm the reputation of the Lessee:
-Do not fulfill the conditions of this contract, non-compliance with standards and procedures;
- Refusal to provide the vehicle with the crew for rent in accordance with the accepted application;
- Not confirmation of acceptance of the application (not contacting the telephone number specified during registration within 3 hours, when the dispatcher calls to confirm or adjust the application);
- Failure of the car 15 minutes before the appointed time specified in the Application, or agreed with the customer;
- Late informing of the Tenant about the perfect accident or vehicle breakdown;
-Filing the car out of whack;
-Filing a dirty car;
- Submission of a damaged car (dents on the body, cracks on the windows, etc.)
- An untidy look of the driver, the discrepancy between the style of clothing and the official business (Light shirt, dark trousers, shoes);
- Rough, incorrect handling of passengers / Lessee / representatives of the Lessee;
-Discussing with passengers the issues constituting commercial and / or state secrets, discussing payment terms, discussing the activities of the Tenant’s organization, and passing such information to third parties.
Independent use of photo / video materials of a leased vehicle for advertising purposes or transfer of such materials to third parties (competitors).
-Provision of the vehicle in use to third parties (competitors), during the term of this contract;
- Offering passengers their own services and services of third parties (competitors) for transportation, when such services are provided without the participation of the Lessee, as well as the provision of such services at the request of the client (Subtenant), without the knowledge of the Lessee.
- Disrespect to the Tenant, as well as to the staff or partners of the Tenant.
- Failure to comply with the instructions of the Tenant, employees or representatives of the Tenant, as well as dispatchers.
-Any actions directly or indirectly aimed at disclosing the Lessee’s commercial activities, as well as personal data of passengers;
As well as any other actions that discredit the honor and dignity of the Lessee or passengers, and / or violate the terms of this agreement.
9. FORCE MAJEURE
9.1. The parties are exempt from liability for failure to fulfill or improper fulfillment of obligations under the Treaty in the event of force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, which are understood as: forbidden actions of authorities, earthquakes, floods, fires, other natural disasters or road accidents, committed by the fault of third parties.
9.2. In the event of these circumstances, the Party is obliged to notify the other Party about it within one day.
9.3. The document issued by the authorized body is sufficient evidence of the existence and duration of the force majeure.
10. SETTLEMENT OF DISPUTES
10.1. The parties will seek to resolve all possible disputes and
disputes that may arise under the Treaty or in connection with it, through negotiations.
10.2. Disputes that are not settled by negotiation are submitted to the arbitration court of Moscow.
11. AMENDMENT AND TERMINATION OF THE AGREEMENT
11.1. The tenant has the right to change the terms of the contract and the offer, as well as the working procedure and service standards. Changes are valid from the moment of publication on the site www.avtoimperiya.com.
11.2. The Lessor has the right to terminate the contract ahead of time, notifying the Lessor by e-mail email@example.com and calling t. 8-800-222-07-17 within 30 working days. In this case, the Landlord should not have outstanding applications and violations of the terms of this contract. After 30 working days from the moment of termination of the contract, the Tenant deletes the personal data of the Lessor from the booking system.
11.3. The Lessee has the right to terminate the contract, in case the Landlord violates the terms of this contract, without paying the rent. And also to demand from the Lessor compensation for losses incurred in connection with this and payment of compensation provided for in paragraph 8.3. Actual agreement.
12.1. Any information relating to the conclusion and execution of this Agreement, including commercial activities, commercial and technical knowledge and solutions, the software used, which has become known to the Lessor, is confidential and is not subject to disclosure to third parties.
12.2. The landlord undertakes not to disclose (make available to any third parties, except for the case of third parties having appropriate authority by direct law) confidential information of the other Party, to which he obtained access during the conclusion of this Agreement and during the performance of obligations, arising from the Treaty.
12.3. The lessor must ensure the confidentiality of its employees (crew), or other persons attracted by it in connection with the conclusion and execution of this Agreement and is responsible for their confidentiality regarding the information received.
12.4. The confidentiality obligations of the Parties (clauses 12.1. -12.3.) Shall be fulfilled by the Parties within the term of this Agreement and within three years after its termination.
13. PROTECTION OF PERSONAL DATA
13.1. The landlord consents to the collection, storage, processing and transfer to third parties (Subtenant, FSO, FSB, MVD, database operators, dispatch service, etc.) of their personal data, as well as driver data (according to Federal Law No. 152).
14. DETAILS DETAILS:
Legal address: 12 Presnenskaya Embankment, 123112, Moscow, office 4402, item 1
Actual address: 12 Presnenskaya Embankment, Moscow, 123112, office 4402, item 1
INN: 7703437830 KPP: 770301001 OGRN: 5177746252426
PJSC SBERBANK MOSCOW
Р / С: 40702810538000135460 БИК: 044525225 К / С: 30101810400000000225
General Director - A.A. Pavlov