Offer and agreement with drivers
CONTRACT-OFFER
RENTAL VEHICLES WITH CREW
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This document has legal force in accordance with Art. 434 of the Civil Code of the Russian Federation and is equivalent to an agreement signed by the parties.
The individual entrepreneur Ibragimov Ildar Faritovich, represented by Ibragimov Ildar Faritovich, acting on the basis of the certificate of OGRNIP No. 315028000122520, hereinafter referred to as the "Lessee", addresses this Offer Agreement (hereinafter referred to as the Agreement) to legal entities, individual entrepreneurs, as well as individuals ( including those applying the special tax regime "Tax on professional income" in accordance with Federal Law No. 422-FZ of November 27, 2018) owning vehicles (hereinafter referred to as the Vehicle) that meet the requirements specified in paragraph No. 1 of this agreement, hereinafter referred to as the Lessors, who have expressed their readiness to provide their TC with a crew in rent in the manner prescribed in paragraph No. 2 of this agreement.
The contract, according to clause 2 of article 437 of the Civil Code of the Russian Federation, is a public offer, the acceptance of the terms (acceptance) of which is the performance of actions stipulated by the contract.
1. REQUIREMENTS TO THE VEHICLE AND THE CREW
1.1. The Lessee considers the following options for renting a vehicle:
- executive or business class cars, not older than 10 years, in good condition, without visible damage, with leather interior and air conditioning, black or white (convertibles and executive class cars are considered in any color);
- minivans with air conditioning, not older than 10 years;
- minibuses with a tourist cabin (with folding backs) and air conditioning, not older than 10 years, equipped with tachographs;
- buses with a tourist cabin (with folding backs) and air conditioning, not older than 10 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 carriage of passengers.
1.2. The crew of the vehicle must consist only of citizens of the Russian Federation, have the appropriate qualifications, driving experience of at least 5 years, know the city where the vehicle will be rented, must not have a criminal record, as well as alcohol or drug addiction, etc. .P.
2. PROCEDURE FOR CONCLUDING THE AGREEMENT
2.1. The Lessor, who owns a vehicle with a crew that meets the requirements of clause 1 of this agreement, and who wants to conclude an agreement with the Lessee, sends a photo of the necessary documents by e-mail / WhatsApp, specified in the "Contacts" section of this site.
2.2. The Lessee checks the information provided and contacts the Lessor to agree on tariffs.
2.3. By registering (or sending photos of documents), the Lessor fully accepts the terms of this agreement (accepts the offer).
2.4. After the successful acceptance of this offer and passing the verification, the Vehicle of the Lessor becomes available for booking for servicing individuals.
2.5. After the successful acceptance of this offer, the data of the Lessor are transferred for verification to the special services, in case of successful completion of which the Vehicle of the Lessor and the crew will be allowed to service international and government delegations.
2.6. This agreement is considered concluded for an indefinite period from the moment of acceptance of the offer by the Lessor.
3. SUBJECT OF THE CONTRACT
3.1. The Lessor undertakes to provide the Lessee with temporary possession and use of the TS specified by him during registration, which belongs to him on the right of ownership (or rented) and provide services for its management and its technical operation on its own.
3.2. The leased vehicle is used to carry passengers and luggage.
3.3. The lessor guarantees the compliance of the leased vehicle with the requirements of the current legislation of the Russian Federation for its intended purpose, design, technical requirements for the carriage of passengers and admission in accordance with the established procedure to participate in road traffic, as well as its neat and clean condition.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The lessor is obliged:
4.1.1. Transfer to the Lessee for 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 to ensure its operation, for use in the interests of the Lessee.
4.1.2. Transfer the Vehicle to the Lessee along with all the documents provided for by the Rules of the Road and other current legislation of the Russian Federation and the Republic of Belarus, which determine its intended use.
4.1.3. Ensure that the composition of the crew and its qualifications comply with the requirements of the Rules of the Road and other current legislation of the Russian Federation that defines the requirements for drivers in relation to passenger transportation.
4.1.4. Ensure that the vehicle undergoes a pre-trip technical inspection and make an appropriate note about this in the waybill.
4.1.5. Ensure that the driver of the leased vehicle undergoes a pre-trip and post-trip medical examination and make an appropriate note about this in the waybill.
4.1.6. Provide mandatory liability insurance for causing harm to third parties during the operation of the vehicle, as established by the current legislation of the Russian Federation, as well as life insurance for passengers.
4.1.7. Ensure the execution by the crew of the rented Vehicle of the Lessee's orders related to the commercial use of the Vehicle during the rental period of the Vehicle.
4.1.8. Be liable to the Lessee and third parties for damage caused due to the fault of the drivers and the technical condition of the leased Vehicle.
4.1.9. Bear the costs of paying for the services of the crew, fuel, lubricants and other operating materials, spare parts, for maintaining 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 carriage of passengers.
4.1.11. The Lessor undertakes not more than 2 times a year to provide the Vehicle in a clean condition with the crew (dressed in accordance with the work standards) at the request of the Lessee for photo shoots, filming videos, participation in promotions, serving show business stars and partners of the Tenant on the terms of cross-promotion, joint PR promotions and other unpaid events for advertising purposes, for all the time necessary for this.
4.1.12. The Lessor undertakes no more than 2 times a year to provide the Vehicle in a clean condition with the crew (dressed in accordance with work standards) free of charge at the request of the Lessee for charity events.
4.1.13. The Landlord is obliged to notify the Tenant of changes in the data specified during registration within 24 hours from the date of such changes.
4.1.14. The Lessor undertakes to carry out all sanitary and anti-epidemic (preventive) measures provided for by law. Carry out sanitization of vehicles (conclude a contract for sanitation or, if permitted by law, carry out sanitization on their own). Provide drivers with the necessary protective equipment (masks, gloves, sanitizers, alcohol wipes, etc.).
4.1.15. The lessor guarantees that the drivers of vehicles provided for rent, until have passed the necessary documentation of the corona virus infection confirmation from the start of the lease requirement), or underwent PCR testing in medical institutions accredited by Rospotrebnadzor.
4.2.1. The Lessor gives its consent to the Lessee to sublease the Vehicle without additional written approval for each such fact.
4.2.2. The lessor - an individual independently calculates the amount of tax payable to the budget in accordance with the current legislation of Russia on the application of the special tax regime "Tax on professional income", independently pays the corresponding tax in accordance with the current legislation of Russia.
4.2.3 The Lessee is recognized as having fulfilled its obligations to pay for services from the date the funds are debited from its current account. Payment is made according to the details specified by the Contractor when sending the acceptance of the Offer. The Contractor has the right to notify the Customer about the change in details.
4.2.4 The Lessor - an individual undertakes, within the working day following the receipt of payment for services, to send to the Lessee a check generated in accordance with the legislation on the application of the special tax regime "Tax on professional income". The Lessor undertakes to compensate the Customer for all losses caused as a result of failure to fulfill its obligation specified in this paragraph. The check is sent to the Tenant's email address.
4.2.5. The Lessor is obliged to notify the Lessee within 30 days of the termination of the application of the tax regime "Tax on professional income"
4.3. The tenant is obliged:
4.3.1. Provide the driver of the rented vehicle with information on the conditions of transportation necessary to complete the task of transporting passengers and provided for by the current legislation, the Charter of Road Transport and the Rules for the Transportation of Passengers.
4.3.2. Ensure the use of the vehicle with the obligatory observance of the regime of work and rest of drivers established by the legislation of the Russian Federation.
4.3.3. Pay rent in the amounts, terms and in the manner prescribed by the Agreement.
4.3.4. If the Landlord is an individual, the Tenant is a tax agent, withholds 13% of personal income tax from the rental amount and transfers it to the Federal Tax Service.
4.3.5. If the Lessor is an individual, the cost of the driver's services is included in the price of the Vehicle rental and amounts to 5% of the total amount of the Vehicle rental. The tenant makes all the necessary contributions to the funds (PFR, FSS, CHI) from the cost of the driver's services at his own expense.
4.3.6. If the Landlord is a legal entity or an individual entrepreneur, the Tenant pays him the rent in full, and the Landlord makes all the necessary contributions to the Federal Tax Service and funds independently, in the manner prescribed by law.
4.4. Income received by the Lessee as a result of using the above Vehicle in accordance with the Agreement is his property.
5. AMOUNT, TERMS AND PROCEDURE FOR PAYING THE RENT
5.1. The rental fee for the use of the Vehicle is calculated after the application is completed, for the actual time of using the Vehicle or the distance traveled, calculated using objective control tools (GPS / Glonas monitoring), or according to waybills. Payments are made only by bank transfer, taking into account the minimum rental price and the rates specified during registration.
5.2. The rates specified during registration, as well as the minimum order, the Lessor can change for future applications, in agreement with the Lessee. At the same time, the new tariffs will be valid only for new applications received after the changes were made (and the Lessor undertakes to work out all applications already taken at the tariffs in force at the time of acceptance of these applications).
5.3. Applications are submitted by phone / sms / Whatsapp / e-mail specified by the Lessor during registration.
5.4. Payment of rent to the Lessor is made by the Lessee in case of successful completion of the order on the basis of the Application, within 15 working days (depending on the Lessor's bank) from the date of receipt of the full payment to the Lessee's account from the Sublessee.
5.5. The Tenant and the Landlord do not sign acts. Payment confirms the quality of services.
5.6. VAT is not subject to VAT in accordance with paragraph 2 of Article 346.11 of the Tax Code of the Russian Federation, because The tenant applies the USN.
6. ORDER OF WORK
6.1. After accepting the offer the Lessor's vehicle becomes available for booking
6.2. The Lessor leases a vehicle with a crew at the request of the Lessee by prior agreement.
6.3. The driver must notify passengers 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 must call the Lessee to fix the parameters of the lease and issue an invoice to the Sublessee.
6.5. All payments are made only by bank transfer. Neither the Lessor 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 submission specified in the application in advance, in a completely clean car and in appropriate clothing 15 minutes before the time of submission specified in the application.
7.2. The driver of the vehicle must be neatly dressed in an official 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 to help with luggage, open the door if necessary, give a hand to a lady.
7.4. There should be soft, calm music in the passenger compartment; at the request of passengers, it is necessary to switch the radio station or turn down / turn up the volume.
7.5. The interior of the vehicle should smell pleasant, there should be no pungent odors.
7.6. There should always be a comfortable temperature in the vehicle cabin, even while waiting for passengers!!! Those. In summer, the air conditioner is always on, in winter - the heater, so that passengers sit in a cool cabin in summer, and in a heated one in winter !!! At the request of the client, it is necessary to make it warmer or colder.
7.7. The vehicle must have a car charger for smartphones based on ios and android, as well as an umbrella.
7.8. There should be non-carbonated drinking water and napkins in the cabin.
7.9. The vehicle must have a first aid kit, a fire extinguisher, an emergency stop sign, etc.
7.10. The driver of the vehicle must be unobtrusive, keep up the conversation if the passenger wants to communicate first.
7.11. The driver of the vehicle must not smoke during the order either in the vehicle cabin or near it.
7.12. The driver of the vehicle must not talk on the phone while ordering in front of passengers. Call only the dispatcher when necessary, at a complete stop, or using a headset.
7.13. The driver must adhere to a calm, safe, smooth driving style, slow down smoothly in advance at traffic lights or in front of an obstacle. In cases where a passenger asks to hurry up, go faster but without violating traffic rules.
8. RESPONSIBILITY OF THE PARTIES
8.1. The Party that has not fulfilled or improperly fulfilled its obligations under the Agreement is obliged to compensate the other Party for the losses caused.
8.2. The lessor confirms that the car has not been seized for the term of the contract and the car is not the object of disputes of third parties.
8.3. In the event of actions that harm the Tenant's business reputation, the rent is not paid, and the Landlord undertakes to compensate the Tenant for all losses incurred, as well as pay compensation (fine penalty in accordance with Article 330 of the Civil Code of the Russian Federation) in the amount of 300,000 rubles. (Three hundred thousand rubles) within 7 banking days from the date of these actions.
Actions that harm the business reputation of the Tenant:
- Failure to comply with the terms of this agreement, non-compliance with standards and work procedures;
- Refusal to provide a vehicle with a crew for rent according to the accepted application;
- Not confirming the acceptance of the application (not contacting the phone specified during registration within 3 hours, when the dispatcher calls to confirm or correct the application);
- Non-delivery of the car 15 minutes before the appointed time specified in the Application, or agreed with the customer;
- Untimely informing the Lessee about the accident or breakdown of the vehicle;
- Submission of the car in a faulty condition;
- Submission of a dirty car;
- Submission of a damaged car (dents on the body, cracks on the glass, etc.)
- Untidy appearance of the driver, discrepancy between the style of clothing and the official business (Light shirt, dark trousers, shoes);
- Rude, incorrect treatment of passengers / the Lessee / representatives of the Lessee;
- Discussion with passengers of issues constituting a commercial and / or state secret, discussion of payment terms, discussion of the activities of the Lessee's organization, and transfer of such information to third parties.
- Independent use of photo/video materials of the leased vehicle for advertising purposes or transfer of such materials to third parties (competitors).
- Provision of the vehicle for use by third parties (competitors) during the term of this agreement;
- Offering passengers 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 (Sublessee), without the knowledge of the Lessee.
- Disrespectful attitude towards the Tenant, as well as to the employees 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 commercial activities of the Lessee, 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 MAJOR
9.1. The Parties are released from liability for failure to perform or improper performance of obligations under the Agreement in the event of force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, which are understood as: prohibited actions of the authorities, earthquakes, floods, fires, other natural disasters or traffic accidents, committed through the fault of third parties.
9.2. In the event of these circumstances, the Party is obliged to notify the other Party within one day.
9.3. A document issued by an authorized body is sufficient confirmation of the existence and duration of force majeure.
10. DISPUTES RESOLUTION
10.1. The parties will strive to resolve all possible disputes and
disputes that may arise under the Agreement or in connection with it, through negotiations.
10.2. Disputes not settled through negotiations are referred to the Ufa Arbitration Court.
11. AMENDMENT AND TERMINATION OF THE AGREEMENT
11.1. The tenant has the right to change the terms of the contract and offer, as well as the work procedure and service standards. Changes are valid from the moment of publication on the site.
11.2. The Lessor has the right to terminate the agreement ahead of schedule by notifying the Lessor by e-mail 30 working days in advance. At the same time, the Lessor must not have unfulfilled applications and violations of the terms of this agreement. After 30 working days from the date of termination of the contract, the Lessee deletes the personal data of the Lessor from the booking system.
11.3. The Tenant has the right to terminate the agreement, in case of violation by the Landlord of the terms of this agreement, without paying rent. And also demand from the Lessor compensation for the losses incurred in connection with this and payment of compensation provided for in clause 8.3. Actual agreement.
12. PRIVACY
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 became known to the Lessor, is confidential and is not subject to disclosure to third parties.
12.2. The Lessor undertakes the obligation not to disclose by any means (make it available to any third parties, unless the third parties have the appropriate powers by virtue of a direct indication of the law) the confidential information of the other Party, to which he gained access when concluding this Agreement and in the course of fulfilling obligations, arising from the Agreement.
12.3. The Lessor must ensure confidentiality on the part of its employees (crew), or other persons involved by it in connection with the conclusion and execution of this Agreement, and is responsible for their confidentiality in relation to the information received.
12.4. The confidentiality obligations of the Parties (clauses 12.1. -12.3.) are fulfilled by the Parties within the term of this Agreement and within ten years after its termination.
13. PROTECTION OF PERSONAL INFORMATION
13.1. The Lessor agrees to the collection, storage, processing and transfer to third parties (Sublessees, Federal Security Service, Federal Security Service, Ministry of Internal Affairs, database operators, dispatch service, etc.) of their personal data, as well as data of drivers (according to Federal Law No. 152).
14. DETAILS OF THE LESSEE:
Individual entrepreneur Ibragimov Ildar Faritovich
TIN 027305222116, OGRNIP 30210.025
Address: 450038 Republic of Bashkortostan, Ufa, st. Chernikovskaya, 19, building 1, apt. 9
Tel. +7919-145-59-22
E-mail: ildar.ibragimov.1982@mail.ru
Account 40802810906000010848
box account 30101810300000000601
To Branch No. 8598 of Sberbank of Russia, Ufa