GENERAL TERMS AND CONDITIONS OF SUBSCRIPTION
These General Terms and Conditions of Subscription (hereinafter “Terms and Conditions”) shall govern the relationship between the Participant who agrees to participate in Subscription (as defined below) and Service provider (hereinafter “SIXT”) collectively, the Parties.
By becoming a Participant, you agree to be bound by these Terms and Conditions.
1.1. SIXT or Service provider– OU Transporent (reg. no. 11273528), legal address Sepise 1, 11415 Tallinn, Estonia.
1.2. Participant – legal or natural person, which has entered into the Subscription agreement with SIXT.
1.3. Driver – Participant or Participants appointed person who uses vehicle.
1.4. Parties – SIXT and Participant together (or each individually – a Party).
1.5. Subscription – vehicle rental program offered by SIXT.
1.6. Mobile application – Subscription application for smartphones, tablets and other mobile devices designed to become a Subscription participant, conclude agreement, make payments, purchases and other transactions, to unlock or lock the Vehicle.
1.7. Website – internet site of SIXT: www.sixtplus.ee, where the information about Subscription program, Vehicles and other information related to Vehicles and their rental is provided.
1.8. Subscription agreement – Agreement between SIXT and Participant on vehicle subscription which may be concluded and signed electronically or in mobile application.
1.9. Agreement Fee – commission for subscription agreement conclusion.
1.10. Monthly fee – a monthly fee payable by the Participant to SIXT, the amount of which is specified in Subscription agreement.
1.11. Subscription period – rental period during which the Participant is entitled to use the Vehicle by paying the Monthly rate.
1.12. Vehicle – any land Vehicle defined in Mobile application or Website, which is given to the Participant for rent in accordance with the Subscription agreement. The Vehicle complies with the requirements of the regulatory enactments of Latvia, Lithuania or Estonia for vehicles that are offered on the market or intended to be operated in the relevant territory.
1.13. Vehicle telemetry system – an electronic system installed on the Vehicle that (i) tracks the location, mileage, route, coordinates, virtual driving speed, battery voltage and other parameters of the Vehicle specified in the Subscription agreement and transmits the data to SIXT, and (ii) allows to disable the unlocking and/or starting of the engine of the Vehicle.
1.14. Services – the services listed in Subscription agreement, Mobile application or Website.
1.15. CMTPL – compulsory motor third party liability insurance, according to the legislation of the country of registration of the Vehicle.
1.16. Liability – Participant’s excess in money for each case of any loss, theft or disappearance of or any damage to the Vehicle or any of its parts, accessories or additional equipment.
1.17. Normal wear and tear – wear and tear of Vehicle parts exposed to natural wear and tear, and which have lost their operation capacity.
1.18. Determined mileage – mileage in kilometers defined in Subscription agreement, which is allowed for the Participant to drive during the Subscription period.
1.19. Additional services – Services and products that can be added to Subscription during Subscription period by participant’s choice. Additional charges may apply.
1.20. Pricelist - pricelist for optional products and other fees that are not described in Terms and conditions of Subscription. Pricelist is available online in Website.
1.21. Agreement territory – Participant shall be entitled to use the Vehicle and receive Services exclusively in the territory of Latvia, Lithuania, Estonia, unless the Subscription agreement states otherwise.
1.22. Additional driver – Participants appointed person in Subscription agreement who is allowed to use Vehicle.
2.1. Subscription SIXT+ is a vehicle rental program offered by SIXT, as more thoroughly explained herein in these Terms and Conditions. Subscription allows a Participant to rent vehicles during the applicable Subscription period and enjoy benefits included below.
3.1. In order to become a Participant:
3.1.1. a natural person must, at a minimum, meet the following requirements:
18.104.22.168. Be a resident of Estonia and possess Passport or ID card;
22.214.171.124. Be at least eighteen (18) years old, unless otherwise required by law and/or SIXT;
126.96.36.199. Possess a valid and appropriate category Driver’s License issued in Republic of Estonia for at least 1 (one) year in Participant’s name, displaying Participant’s appearance, and that is not suspended, confiscated, revoked, or expired;
188.8.131.52. Possess and use for payment of any fees owed hereunder a bank account or valid bank-issued credit or debit card (no pre-paid debit cards) issued in Participant’s name.
184.108.40.206. the natural person is not included and are not related to persons included in international and national sanctions lists;
3.1.2. a legal person must, at a minimum, meet the following requirements:
220.127.116.11. Have a company registered in Republic of Estonia;
18.104.22.168. the legal person and its members are not included and are not related to persons included in international and national sanctions lists.
3.2. Participant agrees to provide SIXT with true, current and accurate information, including, but not limited to, Participant’s name, telephone number, email address, driver's license, legal address, ID or passport and credit card information or bank account. Participant shall immediately (but not later than within 24 hours) notify SIXT if Participant has changed e-mail, phone, billing data (bank account, credit card etc.) or other personal data that may affect the Subscription agreement.
3.3. Participant further hereby warrants that Participant’s driver’s license will be valid for the Subscription period. Participant shall immediately (but not later than within 24 hours) notify SIXT if Participant does not possess valid driver’s license.
3.4. If at any time during the Subscription period a Participant no longer meets the minimum requirements stated in Section 3, SIXT is entitled to immediately terminate Participant’s Subscription agreement in accordance with Section 14.1. and claim penalty in accordance with Section 15.
4.1. In order to become a Participant, an individual must apply via the Mobile application or application available at Website (the “Application”).
4.2. SIXT reserves the right to request further information to verify applicants’ eligibility.
4.3. After the submission of the application SIXT, through the respective service providers, verifies the similarity (conformity) of the Participants face to the photos in the uploaded documents, as well as verifies the validity of the document certifying the right to drive a vehicle. SIXT has a right to check the validity of Driver’s license during all Subscription period.
4.4. Participant must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply” button on the review screen.
4.5. Participant must inform SIXT if the natural person or ultimate beneficial owners of legal person are politically exposed persons (PEP), family members of politically exposed persons or persons closely related to politically exposed companies.
4.6. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO SUBSCRIPTION PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
5.1. SIXT reserves the right to reject an Application after reviewing an Application for eligibility. Participant consents, via submitting an Application, to have a background check and credit check conducted by SIXT, to evaluate a potential Participant’s eligibility for SIXT+.
5.2.SIXT may obtain information from third parties concerning a potential Participant to evaluate an applicant’s eligibility. As referenced in the preceding paragraph, SIXT will conduct due diligence including, but not limited to, an identity and credit check. For the purposes of carrying out said due diligence SIXT may pass Participant’s personal information to third party agencies such as AS Creditinfo Eesti (reg. no. 10256137), Veriff OU (Estonia, reg. no. 12932944), Estonian Transport Administration (reg. no. 40003345734).
5.3. This information shall not be sold to third parties.
5.4. SIXT will use its best efforts to evaluate an Application within one (1) working day of submission.
6.1. SIXT reserves the right, in its sole discretion, to deny an application based on a potential Participant’s creditworthiness or other conditions. If after reviewing an application SIXT determines a potential Participant is not eligible to participate in SIXT+, SIXT shall notify the applicant at the end of the application review process. SIXT has no obligation to state the reasons for the refusal. No money will be charged to the potential Participant.
7.1. If SIXT accepts a potential Participant’s application, Subscription agreement shall be signed. SIXT at this time will also charge Participant for the Agreement Fee, Monthly fee for the first month of Subscription period.. Offer for specific Vehicle is valid while the Vehicle is available in stock.
7.2. The Subscription agreement enters into force and Subscription period shall begin on the date Participant signs Subscription agreement, regardless of whether Participant choose to wait longer, pick up, or accept delivery of the vehicle at a later time.
7.3. SIXT’s acceptance of an application is conditional and subject to Participant’s compliance with all these Terms and Conditions, timely payment of fees owed under these Terms and Conditions, and compliance with Participant’s applicable Subscription Agreement.
8.1. In order to be granted use and access to Participant’s rental vehicle, Participant must sign a Subscription agreement, agree to these Terms and Conditions of Subscription and make payment for Agreement fee and first month’s Monthly fee.
8.2. Participant’s chosen Vehicle will be available for pick up on date, time and place indicated by SIXT in Subscription Agreement.
8.3. By opening the vehicle via Mobile application, the Participant shall take full responsibility regarding the Subscription agreement. When accepting the Vehicle, Participant must verify the technical condition of the vehicle and equipment, as well as conformity of the documentation. Subsequent claims concerning the correspondence of the vehicle with the Subscription agreement, its level of equipment, and/or defects shall not be taken into consideration, except if the Participant submits to SIXT a written claim and supporting evidence.
8.4. With the transfer of the vehicle to Participant, Participant shall assume the liability as a holder of a high-risk source and shall be responsible for the vehicle during the entirety of the Subscription period, whilst out of SIXT possession. Participant shall be aware of and shall undertake the sole responsibility for the transportation of passengers, any cargo, and/or goods and all possible consequences that may arise in connection with the carriage of any cargo and / or goods.
8.5. The Participant does not have the right to sublease the Vehicle to third parties or use Vehicle for commercial passenger transportation. If the Participant violates this provision, SIXT is entitled to immediately terminate Participant’s Subscription agreement in accordance with Section 14.1. and claim penalty in accordance with Section 15.
9.1. Use of a Vehicle and Territory
9.1.1. Participant shall undertake to use the Vehicle in a responsible and careful manner for the intended purpose by observing requirements for correct operation, maintenance, and service of the vehicle; Participant shall also be obliged to observe the instructions of SIXT, the manufacturer, road traffic and safety regulations, (e.g. seat belt usage, speed limits).
9.1.2. Only the individuals who are indicated in the Subscription Agreement as Participant / Driver or the Additional driver and who have a valid Estonian driver’s license shall be entitled to use the Vehicle. Participant shall be fully responsible for its authorized Additional driver in accordance with the terms and conditions of Subscription agreement. The driver’s must be valid throughout the period of vehicle use.
9.1.3. SIXT shall be entitled to set limitations and/or additional charges regarding the minimum driver’s age and possession of a driver's license by specifying such in the Subscription agreement or these Terms and Conditions.
9.1.4. Participant as a minimum shall receive a Vehicle with a fuel level set by manufacturer, or, for electric cars, with a battery charge level of not less than 20%.
9.1.5. Participant shall be entitled to use the Vehicle exclusively in the Agreement territory. Vehicle use outside the Agreement territory shall be strictly forbidden.
9.1.6. If the vehicle is used outside Agreement territory, SIXT is entitled to immediately terminate Participant’s Subscription agreement in accordance with Section 14.1. and claim penalty in accordance with Section 15.
9.1.7. Participant shall certify that it has been warned that terms and conditions of the Subscription agreement regarding Liability, insurance, roadside assistance, damage prevention, and/or replacement vehicle shall not apply if the Vehicle is used outside the territories specified in the Subscription agreement.
9.1.8. Participant is responsible for all the violations, including fines for speeding, parking in unauthorized areas, parking without prior payment, aggressive driving, etc., conducted when using the Vehicle.
9.1.9. Smoking is forbidden in all SIXT vehicles. Participant shall pay the cleaning fee according to the Pricelist for smoking in the Vehicle.
9.2. Liability and actions in case of an accident
9.2.1. Participant shall be liable for the whole value of the vehicle, unless the Subscription agreement states the maximum Liability of Participant in the case of an accident.
9.2.2. Participant’s Liability according to the Subscription agreement shall not be applicable and Participant shall undertake full liability if Participant has:
22.214.171.124. Breached these terms and conditions of the Subscription agreement, for example but not limited to - using Vehicle outside Agreement territory, driving without valid driver’s license, sub-renting or allowing to use the Vehicle to any third party;
126.96.36.199. Commits a serious violation of road traffic and safety regulations of the country where the accident has happened (including, but not limited to driving under the influence of alcohol or other intoxicating substances, actions after the traffic accident);
188.8.131.52. Participant has not returned the Vehicle keys, alarm remote (if any), and/or the vehicle registration certificate to SIXT in the case of theft, and/or Participant had not carried out the necessary safety measures (locked the doors, activated the alarm, etc.) at the moment of theft;
184.108.40.206. Has not duly notified the Police in the case of a traffic accident and cannot present a certificate to this effect;
220.127.116.11. Has not duly notified SIXT in the cases provided for in Section 9.2.5 of Terms & Conditions;
18.104.22.168. In case of internal vehicle damage (interior, boot, engine compartment, engine, gearbox, clutch and/or other vehicle systems with its important components).
9.2.3. If the Participant violates the provisions in accordance with Section 9.2.2., SIXT is entitled to immediately terminate Participant’s Subscription agreement in accordance with Section 14.1. and claim penalty in accordance with Section 15.
9.2.4. Immediately after a Vehicle or any other accident, Participant shall:
22.214.171.124. carry out all the necessary measures to rescue individuals involved in the accident and prevent or reduce further damage, as well as to retain the Vehicle and damaged property in such state as prior to the accident as much as possible;
126.96.36.199. notify the Police and act in accordance with the road traffic regulations and other legislative measures of the respective country.
9.2.5. Participant shall immediately (but not later than within 24 hours) notify SIXT if:
188.8.131.52. the Vehicle has been lost, stolen, partially or completely damaged;
184.108.40.206. Participant has come into possession of information concerning potential threats to the Vehicle;
220.127.116.11. the keys of the Vehicle, alarm remotes, and/or documentation has been lost or stolen.
9.2.6. Liability shall be applicable per each separate accident.
9.3.1. During the Subscription period specified in Subscription agreement Participant is allowed to use the Vehicle not exceeding Determined mileage. If the Participant has exceeded the Determined mileage during the Subscription period of the Vehicle, it is obliged to pay SIXT the payment for extra mileage (payment per kilometer) in the amount determined of Pricelist. Pricelist is available on Website .
9.3.2. If the Subscription Agreement is terminated before the end of the Subscription period, the Determined mileage is determined proportionally, i.e. mileage corresponds to the total Determined mileage divided by the initial number of months of Subscription period.
9.4. SIXT+ included services
9.4.1. SIXT+ subscription includes following Services:
18.104.22.168. Maintenance – maintenance determined by the manufacturing company, performed at intervals prescribed by the manufacturer and in accordance with the approved maintenance schedule.
22.214.171.124. Normal wear & tear – repair works, which include examinations, replacement of friction parts (brake pads, brake disks, window wipers, belts, bearings etc.), batteries, lamps and etc. in the result of their normal wear. Repair and replacement of brakes, fuel, cooling, electro and exhaust systems, engine, gear box, transmission, suspender, chassis, steering and etc. and parts in case of their normal wear and tear. Replenishment of technological liquids (except for window cleaning liquid and AdBlue, if those are not filled during maintenance or repair).
126.96.36.199. Tires and tire service – seasonal change of tires and balancing two times a year before beginning of the winter and summer seasons, as established by the Traffic Safety Regulations. Tire storage during the off seasons.
188.8.131.52. Technical inspection – SIXT shall organize and make payment for state technical inspection of the Vehicle according to the regulations, if necessary – repeated technical inspection and reminding of technical inspection term.
184.108.40.206. Replacement vehicle – If the Participant cannot use the Vehicle at the time of its technical maintenance and/or repairs for more than 1 (one) working day, the Participant has rights to receive the Replacement vehicle. Replacement vehicle will be available for pick-up / drop off in nearest rental branch of SIXT within territory of Estonia. Separate Replacement vehicle rental agreement shall be signed. Within the scope of Replacement vehicle SIXT ensures so far as possible similar conditions and similar vehicle, but not higher than compact class.
220.127.116.11. Roadside assistance – 24h road assistance is provided to the Participant, if the Vehicle cannot continue running due to an objective technical reason.
18.104.22.168. Helpline – the Participant can reach customer service 24/7 in any urgent case, for example to report Vehicle accident, to request roadside assistance and similar. The Participant can reach customer service on working days from 9:00 to 18:00 to plan and apply for Vehicle maintenance, repairs, tire change, technical inspection, and receive any information.
22.214.171.124. CMTPL – in accordance with the legislation of the country of its registration. Liability of the Participant in the case of traffic accident shall be determined in accordance with the laws of the country where the accident has occurred.
9.4.2. Services are available exclusively in the Agreement territory, despite main workshops and service partners to perform Vehicle maintenance, repair, tire service, technical inspection and similar are located in Republic of Estonia.
9.4.3. The Participant shall pay according to the actual content of the works and used parts for all extraordinary repairs. SIXT shall not pay the maintenance and repair costs of the Participant, which have not been ordered, approved, or performed in accordance with the Terms and Conditions or the Subscription agreement, including, but not limited to, delayed warranty repairs.
9.4.4. Services are organized and paid by SIXT, but carried out by Participant (e.g. Vehicle is delivered to indicated workshop, technical inspection etc.). If the Participant violates this provision, SIXT is entitled to immediately terminate Participant’s Subscription agreement in accordance with Section 14.1. and claim penalty in accordance with Section 15. Obligation of the Participant shall be:
126.96.36.199. To apply the maintenance, tire change, examination and repairs planned or advised by the Vehicle manufacturer in timely order to SIXT;
188.8.131.52. To timely apply for and perform warranty repairs within the warranty period of the Vehicle;
184.108.40.206. to inform SIXT about all repair and maintenance within 10 (ten) working days from the occurrence, which were not ordered from SIXT.
9.5. Return of the Vehicle
9.5.1. At the end of the Subscription period or at the end of the Subscription agreement in the case of the termination of the Subscription agreement before the expiry, the Participant undertakes to return the Vehicle to SIXT not later than on the last day of the Subscription Term. If the Participant violates this provision, SIXT is entitled to claim penalty in accordance with Section 15.
9.5.2. SIXT must send to the Participant on the Mobile Application and/or to the Participant’s email address the information about the Vehicle return address (where the Participant must park the returned Vehicle) and the time when the Vehicle will be inspected.
9.5.3. The Participant must return the Vehicle in the condition which is not worse than that when the Participant received the Vehicle, taking into account its normal wear and tear. When deciding on the normal wear and tear of the Vehicle, SIXT and Participant shall follow the SIXT+ damage catalogue guidelines on Website www.sixtplus.ee/return (these guidelines are considered an integral part of the Subscription agreement).
9.5.4. When returning the Vehicle to the address indicated by SIXT, the Participant must clear all his items from the Vehicle in advance and check that the Vehicle documents and accessories are left in the Vehicle. Participant shall return clean, odorless Vehicle with same level of fuel in tank, or with the same level of battery as the Vehicle has been handed over to the Participant.
9.5.5. The Participant shall be present at the Vehicle inspection at the time specified by SIXT. The Participant must return the Vehicle ignition key to the SIXT representative during the Vehicle inspection. The Vehicle is returned to the SIXT by signing the Vehicle transfer and acceptance deed. During the Vehicle inspection, a preliminary inspection is performed, during which the Parties shall record the exterior and interior condition of the Vehicle by taking photographs of the Vehicle and shall draw up an inspection statement. If Participant returns the Vehicle in the absence of the physical presence of SIXT representative, Participant shall be responsible for the vehicle until it is checked by the SIXT representative. SIXT shall be entitled to inspect the Vehicle within 48 hours after the Vehicle has been returned to the designated place. Participant shall also be responsible for any vehicle and/or equipment defects and/or damage established by SIXT representative.
9.5.6. SIXT shall be entitled to request Participant to cover Vehicle and/or equipment defects or damage which could not be detected during the visual inspection of the Vehicle within 48 hours after the Vehicle has been returned. In case SIXT discovers hidden defects or damages after vehicle has been accepted by SIXT, SIXT informs the Participant at earliest convenience and shall be entitled to request Participant to cover these hidden defects or damages.
9.5.7. The Participant undertakes to compensate for all costs incurred by the SIXT and related to the rectification of the defects of the returned Vehicle in excess of normal wear and tear. The defects of the Vehicle shall be indicated in the Vehicle inspection statement and attached to the Vehicle transfer and acceptance deed, based on the evaluation of the damage to the Vehicle ordered by SIXT, performed by an independent reputable assessor (e.g. authorized workshop). All costs of the inspection of the Vehicle and the costs of defects rectification shall be borne by the Participant, unless the repair service provider identifies a defect of the Vehicle considered as a normal wear and tear, the costs of repair of which shall be borne by SIXT.
9.5.8. SIXT has the right to acquire possession of the Vehicle by taking over the Vehicle, if the Participant does not transfer the Vehicle to SIXT in accordance with the Subscription agreement, including uncontested takeover of the Vehicle at any time, regardless of the location of the Vehicle in the premises where the Vehicle is located, as well as to perform all activities necessary for the removal of the Vehicle from the relevant territory or premises.
9.5.9. The Participant shall indemnify SIXT all costs associated with the proper recovery of a debt under Subscription agreement, including litigation costs, costs of arbitration proceedings, property subject to recovery, and security, storage, transportation, evaluation, sale and insurance of Vehicles, etc.
9.5.10. If the Participant has exceeded the Determined mileage during the Subscription period of the Vehicle, it is obliged to pay SIXT the payment for extra mileage (payment per kilometer) according to Section 9.3.
10.1. The Parties agree that SIXT shall have the right to provide additional services and optional products detailed on the Website. When SIXT starts providing these services, the Participant shall have the right to select on the Mobile Application and/or on the Website and order additional services related to the subscription of the Vehicle (e.g. additional driver, extended Agreement territory etc.) and/or additional products (e.g. bicycle racks, baby seats) prior to the conclusion of the Subscription agreement.
10.2. Additional costs for optional product may apply.
11.1. Agreement Fee
SIXT will charge Participant a non-refundable Agreement Fee upon acceptance of a Participant’s Application. The applicable Agreement Fee can be found on the Mobile application or Website and was disclosed to, and agreed upon, by Participant in their Application.
11.2. Monthly Fee
For each Subscription period Participant will be charged a Monthly fee. The amount of the Monthly fee will depend on the car category selected by Participant in their Application. The first Monthly fee will be charged before Subscription period.
11.3. Miscellaneous Fees
Participant shall also be responsible for fees and penalties that are enumerated in each specific Subscription agreement, unless such a specific fee or penalty is specifically excused by these Terms and Conditions. These Miscellaneous Fees include, but are not limited to penalties, extraordinary repairs, Liability, traffic fines, tolls, speeding tickets, parking tickets, violations of Subscription agreement etc. Miscellaneous Fees shall be charged to Participant separately according to Pricelist or in case not specified in Pricelist – according to actual amount of bills and/or penalties received by SIXT. SIXT has right to change Pricelist by notifying the Participant 1 (one) month in advance.
12.1. Form of Payment
For all fees enumerated in Section 11, unless otherwise restricted by applicable law, Participant shall be charged for said fees via the payment method Participant provided in their Application. Participants may update their payment method by updating their payment information in the Mobile application or by informing SIXT.
12.2. Initial Fees
As enumerated above, SIXT shall charge Participant for the Agreement fee and for the Monthly fee for the first month of Subscription period immediately upon accepting Participant’s Application.
12.3. Monthly fee
Invoice for following period Participant shall receive at least five (5) days before Subscription period start date. Payment due date is each month’s Agreement period start date.
12.4. Miscellaneous Fees
Miscellaneous fees will be charged to Participant per the terms of each specific Subscription Agreement. SIXT shall charge Participant any Miscellaneous Fees within a reasonable time after SIXT receives notice of such Miscellaneous Fees. Participant shall pay the invoices billed by the SIXT in 10 (ten) days.
12.5. Failure to Make a Payment
12.5.1. If Participant fails to make payment for the fees in accordance with Section 12, SIXT is entitled to immediately terminate Participant’s Subscription agreement in accordance with Section 14.1. and Participant must immediately return any SIXT vehicle in their possession to the applicable place determined by SIXT.
12.5.2. If Participant fails to make payment and/or to return SIXT vehicle, SIXT has the right to disable the unlocking and/or starting of the engine of the Vehicle immediately.
12.5.3. In case of delayed payment Participant shall pay to SIXT a penalty according to Section 15.2. and SIXT has the right to transfer the data to the debt collection company.
13.1. The Parties agree that the Vehicle shall be rented for a Subscription period selected by the Participant and specified in the Subscription agreement, and which shall start from the date of signing the Subscription agreement. The Participant shall be informed that the date of signing the Subscription agreement and the date of collection or delivery of the Vehicle may not coincide.
13.2. No extension of Subscription period is possible. Participant shall apply for new Subscription Agreement.
14.1. Termination by SIXT
SIXT may terminate Subscription agreement, in its sole discretion, in accordance with SIXT’s rights afforded to SIXT in Sections 3.4, 6.1, 8.5, 9.1.6, 9.2.3, 9.4.4, 9.5.1, 12.5.1 and 17.5. immediately if Participant breaches these Terms and Conditions.
14.2. Termination by Participant
Participant may terminate Subscription Agreement any time, prior to the expiration of the Subscription period. If the Participant wishes to terminate the Subscription Agreement before its expiry, Participant must give at least 1 (one) working day notice thereof to SIXT via Mobile application or e-mail to firstname.lastname@example.org. If Subscription Agreement is terminated before its expiry by Participant, Participant shall make payment for the whole Monthly fee of the month when Subscription Agreement is terminated.
14.3. Subscription agreement can be terminated by mutual agreement.
15.1. In case of termination according to Sections 3.4, 8.5, 9.1.6, 9.2.3, 9.4.4, 9.5.1 and 17.5. Participant compensates SIXT for all damages caused in this way. Additionally, the Participant undertakes to pay SIXT a penalty of EUR 1000.00 (one thousand euros, 00 cents) within 3 (three) calendar days for the breaches of the Subscription agreement and/or these Terms and Conditions.
15.2. In case of delayed payment Participant shall pay to SIXT a penalty for delay in the amount of 0.3% (zero, comma, three percent) of the delayed payment per every delayed calendar day, but not more than 10 per cent (ten per cent) of the total amount of all invoices not paid within the specified term.
16.2.2. In order to provide the Service, SIXT has the rights to collect the following data: name, surname, personal code, phone number, e-mail address or the Drivers, Vehicle telemetry data as described in Section 17 of this agreement, data about validity of driver’s license and data of credit card or debit card used for payments.
16.2.3. SIXT has the rights to store the personal data for:
220.127.116.11. no more than 30 (thirty) days from the date application has been received about Service provision in case the application has been rejected.
18.104.22.168. the hole Subscription period and no more than 30 (thirty) days from the end date of Subscription agreement about the data of driver’s license submitted via document verification site, credit card or debit card and vehicle telemetry data.
22.214.171.124. up to 10 (ten) years after the end date of the Subscription agreement about the signed agreement data.
16.2.4. SIXT will do everything in his powers to safeguard the personal data received by the Participant.
16.2.5. All data received by SIXT will be kept on data storage devices located in European Union countries.
17.1. The Participant is aware that the Vehicle is equipped with a telemetry system that provides SIXT with the following Vehicle and/or drivers information:
17.1.1. location of the Vehicle (geolocation);
17.1.2. technical condition of the Vehicle (fuel tank / battery balance, mileage, locked/unlocked doors, system notifications regarding maintenance);
17.1.3. Driving habits / violations of the Road Traffic Regulations (driving speed);
17.1.4. Vehicle routes;
17.2. During the entire term of the Subscription agreement SIXT shall, in line with his legitimate interest and for the purpose of fulfilling the obligations of the Parties to the Subscription agreement, have the right to receive above mentioned data using the telemetry system of the Vehicle.
17.3. SIXT shall have the right to check via telemetry if the registered Driver’s or Additional driver’s phone is located in the Vehicle to make sure that the Vehicle has not been handed over to a third party.
17.4. SIXT shall have the right to disable the unlocking and/or starting of the engine of the Vehicle at its discretion in the event of breaches of the Subscription agreement.
17.5. It is strictly prohibited for the Participant to perform any actions or attempts to read, copy, modify or delete the data of the telemetry system of the Vehicle. If the Participant violates this provision, SIXT is entitled to immediately terminate Participant’s Subscription agreement in accordance with Section 14.1. and claim penalty in accordance with Section 15.
18.1. SIXT shall not be held responsible for any of Participants losses and/or loss of profit if Participant does not have the opportunity to use the vehicle according to its intent, including, but no limited to, losses arising from vehicle defects or as a result of traffic accidents. SIXT shall not be responsible for belongings and/or cargo left in the vehicle, including cases of enforced vehicle recovery. However, SIXT shall, within its capabilities, act to protect Participants interests.
18.2. To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by e-mail) regarding access to and/or use of the SIXT+, may be provided to Participant electronically, and Participant hereby agrees to receive electronic communications from SIXT in an electronic form. Electronic communications may, and will, be delivered to the email address that Participant provided to SIXT in their Application or via Mobile application. All Communications in either electronic format will be considered to be in “writing.” Participant expressly agrees that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, Participant expressly agrees that its Participant’s sole responsibility to keep Participant’s email address accurate and up-to-date by providing SIXT with written notice of any changes to the same, and that SIXT may reasonably assume that any communications sent to an email address provided will be received Participant. Participant’s consent to receive communications electronically is valid until Applicant revokes his or her consent.
18.3. By clicking the applicable checkbox and then clicking the action button applicable to these Terms and Conditions in Mobile application or Website, Participant expressly agrees to both these Terms and Conditions and the electronic signature relating to Participant’s SIXT+ program, applicable reservations, and applicable rentals.
19.1. These Terms and conditions are integral part of Subscription agreement and are executed in accordance with the laws of the Republic of Estonia. All disputes and differences between the Parties shall be considered in accordance with the laws of the Republic of Estonia.
19.2. Either Party shall be released from liability for non-fulfilment of the obligations hereunder in full or in part, should such non-fulfilment results from circumstances of irresistible force (Force-Majeure). Force-Majeure circumstances shall mean events, which the Parties could not foresee or prevent.
19.3. The Party referring to the Force-Majeure circumstances shall immediately but not later than 5 (five) days after such Force-Majeure circumstances appeared inform the other Party in writing attaching thereto the evidence proving beginning of such circumstances.
19.4. If the Force-Majeure circumstances continuous for 30 (thirty) days and that is the reason for non-fulfilment of these Terms and conditions, other Party shall be entitled to withdraw from Subscription agreement and these Terms and conditions.