OGRNIP (Main State Registration Number of Individual Entrepreneur): 1172225008592
Public offer for the Use of the Manned Vehicle Rental Service
1. General Provisions
1.1. This document addressed to any individual is an official offer of Maxim and contains all the essential terms and conditions for the operation of the Manned Vehicle Rental service (hereinafter referred to as the “Service”).
1.2. In accordance with Article 437 of the Civil Code of the Russian Federation, this document is a public offer. The commencement of use of the Service in any form is its acceptance, which is considered equivalent to the conclusion of a contract on the terms and conditions set forth in the offer. The offer is posted on the Maxim website on the Internet at https://legal.taximaxim.ru/public-offer.
1.3. Using the Service, the Renter also agrees to the Maxim Policy regarding the processing of confidential data posted on the Internet at https://legal.taximaxim.ru/privacy.
1.4. The Renter shall carefully read the text of the offer. In case the Renter does not agree with any of its terms and conditions, the Renter is advised to refuse to use the Service. If the Renter has any questions regarding the use of the Service, he/she shall seek the advice of the Maxim specialist before placing an order.
1.5. The following definitions are used to fulfill the terms and conditions of this offer:
1.5.1. “Service” means the Manned Vehicle Rental service provided by Maxim, which allows the Renter to conclude manned vehicle rental agreements with Owners.
1.5.2. “Renter” means a person placing an order through the Service for the conclusion of a manned vehicle rental agreement.
1.5.3. “Owner” means a person that owns or otherwise possesses the vehicle, providing the Renter with the vehicle for temporary use, as well as providing the Renter with services of driving such vehicle.
1.5.4. “Order” means a request of the Renter placed with the Service for the conclusion of a manned vehicle rental agreement.
1.5.5. “Profile” means a page on the Maxim website containing statistical information about the use of the Service and the current state of the Renter’s personal account. To register the Profile, it is necessary for the Renter to provide at least his/her telephone number.
1.5.6. “Personal Account” means an account in which advance payments of the Renter and amounts of funds withheld (debited) from these payments as a fee for rental of a vehicle are recorded. The personal account has a unique number and is generated by Maxim.
1.5.7. “Personal Account Balance” means the difference at a certain time point between the amount of funds deposited into the personal account and debited from the personal account.
1.5.8. “Scheduled Order” means an order accepted at least 60 minutes in advance and assuming the possibility of provision of a vehicle for rent at the time specified by the Renter.
1.5.9. “Current Order” means an order assuming the provision of a vehicle “as soon as possible”.
1.5.10. “Authorized Mobile Application (‘Mobile Application’)” means Maxim’s computer program installed on the Renter’s mobile device and allowing automation of the process of order generation via the Internet.
2. Subject of the Offer
2.1. By means of the Service, the Renter can place a request for the conclusion of a manned vehicle rental agreement free of charge. Maxim does not independently provide vehicles to the Renter and does not provide any transportation services on its own, as well as does not assume the rights and (or) obligations of the owner or contractor with regard to such services.
2.2. The moment the Renter starts using the Service in order to conclude a manned vehicle rental agreement shall be deemed the acceptance of this offer.
2.3. The Renter shall be liable for the content and reliability of the information provided during the placement of the Order.
2.4. Once the Order is placed, the Renter’s data, as well as the Order data are not subject to alteration or edition without the Renter’s consent.
2.5. Access to the Order is granted by Maxim to the Owner who selects the Order and notifies Maxim of his/her choice. Therewith, Maxim guarantees only to grant the Owner access to the Order; the Owner shall be responsible for the provision of a vehicle for rent.
2.6. The Renter may place Scheduled Orders. In this case the Owner, notified in advance about the Scheduled Order, is responsible for the timely provision of a vehicle. The provision of a vehicle to the Renter is not guaranteed.
2.7. In case the Renter expresses disagreement with the terms and conditions of this offer, Maxim reserves the right to refuse to allow the Renter to use the Service without explaining the reasons for such refusal.
2.8. For internal control purposes, telephone conversations between the Renter and Maxim will be recorded.
2.9. For the purpose of ensuring prompt interaction between the Renter and the Owner, the Renter may inform Maxim about cases of violation by the Owner of the Renter’s rights during the use of a vehicle, by using electronic feedback or in writing at the location of the Maxim office. In this case, Maxim shall notify the Owner of the claim received from the Renter, inform the Owner about the Renter’s contact telephone number, as well as the content of the claim. Further resolution of the claim shall be carried out between the Renter and the Owner without the participation of Maxim. The content of this clause does not testify to and may not be regarded as acceptance by Maxim of any obligations to pay for damage in kind or in cash, to pay compensation and/or to assume other obligations not provided for in this offer.
2.10. When collecting and processing the Renter’s personal data, Maxim is guided by the provisions of Federal Law No. 152 dated July 27, 2006, “On Personal Data”, as well as its Policy regarding the processing of confidential data.
3. Conclusion of the Agreement for Manned Vehicle Rental
3.1. The Renter and the Owner shall conclude a manned vehicle rental agreement. The said agreement shall be concluded in the form of an electronic document signed by simple electronic signatures of the Renter and the Owner and shall be recognized as an electronic document equivalent to a hard copy signed by a handwritten signature.
3.2. The manned vehicle rental agreement is formed electronically in the AIST computer program, which is an information system operated by Maxim (hereinafter referred to as the “Information System”).
3.3. The Renter’s simple electronic signature used for signing the manned vehicle rental agreement is formed in the Information System. The key of the Renter’s simple electronic signature is the Renter’s telephone number. The Renter shall keep the key of the simple electronic signature confidential. To generate the simple electronic signature, the Renter shall inform Maxim about the Renter’s last name, first name and patronymic (if any), as well as the telephone number.
4. Obligations of Maxim
4.1. Maxim shall grant the Owner access to the Order and inform the Renter about the progress of the Order performance.
4.2. Maxim shall inform the Renter about cases of forced delay of the vehicle arrival.
4.3. Maxim shall inform the Renter about cases of impossibility to provide a vehicle.
4.4. Maxim shall timely credit the Renter’s advance payments to the Personal Account.
4.5. Maxim shall timely detect and prevent attempts of unauthorized access to the information provided by the Renter and/or its transfer to persons that are not directly related to the provision of the Services.
5. Obligations of the Renter
5.1. The Renter shall place the Order taking into account the time required to ensure its performance.
5.2. The Renter shall specify the essential conditions required for correct selection of the Order by the Owner.
6. Settlement between the Renter and the Owner
6.1. Maxim shall provide the Renter with the services defined in clause 2.1 of this offer, free of charge.
6.2. The Renter shall pay for the vehicle rental directly to the Owner. Maxim shall inform the Renter about the amount of rent. The specified rent is calculated based on the prices applied by the Owner that accepted the Order to perform it. The pricing of Owners may be dynamic and depends on various factors (condition of the street and road network, traffic congestion, time of day, time of year, dynamics of demand for services, climatic conditions, etc.), which may entail difference in rents at different times. Informing the Renter about the final amount of rent shall not mean and may not be regarded as the fact that the vehicle is provided by Maxim.
6.3. The Renter shall determine the method of payment independently.
6.4. Maxim does not give any instructions to the Renter regarding the method and procedure of payment for the vehicle rental.
6.5. Maxim shall provide a technical possibility for the Renter to pay the vehicle rental price by cashless transfer with the use of a bank card. Therewith, Maxim provides only the technical possibility for cashless payments; Maxim does not accept the Renter’s funds and is not the Owner’s agent for accepting such funds.
6.6. Cashless payments with the use of bank cards are made by means of credit or debit cards of the Visa, MasterCard and Mir payment systems.
6.7. In order to be able to pay the vehicle rental price by cashless payment with the use of a bank card, the Renter is required to register the Profile and link the bank card to the Renter’s personal account number.
6.8. Cashless payment is made in compliance with the international payment systems rules on the principles of confidentiality and security of payment. The security of the data provided by the Renter is ensured by compliance of the procedures with the Payment Card Industry Data Security Standard, and no one, including Maxim, may receive it. Bank card data is entered on the secure payment page of the acquiring bank providing the option of cashless payment for services.
6.9. For confirmation of the possibility of cashless payment, funds in the amount of the vehicle rental price may be reserved on the Renter’s bank card at the time of the Order placement. In case of cancellation of the Order placed by the Renter, as well as in other cases of non-provision of a vehicle to the Renter, the funds reserved on the Renter’s card shall be returned to the Renter.
6.10. In case the Renter changes the time period of the vehicle rental, including after the beginning of the actual use of such vehicle, the price shall be recalculated. The cost of the vehicle rental shall be paid by the Renter in accordance with the changed parameters of the Order.
6.11. The Renter and the Owner are entitled to agree on other methods of payments for the vehicle rental, not provided for by this offer, including payment in cash and other ways that do not contradict the current legislation.
6.12. The Owner is entitled to establish a fee for providing additional services to the Renter, including, but not limited to, waiting for the Renter by the Owner for more than three minutes; using the vehicle to transport large items, and so on. In case of the Scheduled Order, the free wait time is calculated from the moment of the actual arrival of a vehicle and notification of the Renter. At the same time, the free wait time cannot be less than three minutes and cannot expire earlier than the time for which the Scheduled Order is made.
6.13. The Owner is entitled to establish a penalty for the Renter’s refusal to perform the vehicle rental agreement after notifying the Renter of the vehicle arrival. The Renter shall be deemed to have refused to perform the agreement upon expiry of the free wait time established in clause 6.12 of this offer unless the Renter has notified the Owner of the Renter’s consent to the paid wait. The penalty amount is calculated proportionally to the minimum vehicle rental price effective at the moment of the Order creation and the distance from the Owner’s location at the moment of the Order creation to the place specified by the Renter.
6.14. Maxim shall inform the Renter about the price of additional services and the amount of the penalty established by the Owner. In this case, the Renter shall pay for the provision of additional services and the penalty amount directly to the Owner in the form agreed upon by the Renter and the Owner.
6.15. The Owner may inform Maxim about the Renter’s failure to fulfill the obligations to pay the vehicle rental price. In this case, Maxim shall inform the Renter about the existing debt. In order to pay off the Renter’s debt to the Owner during subsequent Order placement, the vehicle rental cost may be increased by the amount of such debt.
7. Liability of the Parties
7.1. The Parties shall be liable for failure to fulfill their obligations in accordance with the legislation of the Russian Federation.
7.2. Maxim shall not be liable for interruptions in the operation of the Service, in case of failures of software or hardware not owned by Maxim.
7.3. Maxim shall not be liable for full or partial interruptions in the operation of the Service related to the replacement of hardware, software or other works caused by the need to maintain the operability of the Service hardware and software and to improve it.
7.4. Maxim shall not be liable for direct losses, lost profits incurred by the Renter as a result of the use of the Service.
7.5. Maxim shall not be liable for the Renter’s failure to fulfill the Renter’s obligations.
8. Dispute Resolution Procedure
8.1. Disputes and disagreements related to the fulfillment of this offer shall be resolved by the Parties through negotiations.
8.2. In case of impossibility to resolve disputes through negotiations, they shall be resolved in accordance with the current legislation of the Russian Federation.
10. Special Terms and Conditions
10.1. By agreeing to the terms and conditions of the offer in this version, the Renter gives his/her consent to the processing of the Renter’s personal data in cases, when obtaining such consent is required in accordance with the provisions of Federal Law No. 152 dated July 27, 2006, “On Personal Data”, as well as to receive information messages, which include advertising information, including consent to receive such messages and information via Internet messengers, such as Viber, WhatsApp, Telegram and the similar, distributed over communication networks for purposes and in cases when the need for such consent is provided for by the legislation of the Russian Federation on advertising.