Terms and conditions

General provisions

1. Definitions

1.1 The Platform – is an internet website accessible at the internet address www.dalinuosi.lt, where persons may submit and rent items under conditions provided in the ads and in compliance with the rules of the Platform.

1.2 Lessor – a person who, under the rules of the Platform, offers other persons to rent certain items in his possession (by placing items rental advertisements with specific rental conditions) and leases items to persons who have expressed a wish to rent the Lessor’s item according to the published conditions.

1.3 Lessee – a person who, under the rules of the Platform, rents items submitted to the Lessors’ Platform. For the sake of clarity, it is stated that the Lessee may also be the Lessor (for example, if he does not merely place advertisements based on which he rents items, but also leases items from other persons who have given items rental advertisements), but for one specific item, he is only Lessor or only Lessee.

1.4 Users – is a term used for clarity when referring to persons registered on the Platform.

1.5 Parties – is a term used for clarity when referring to both the Manager and the Lessors and Lessees together.

1.6 The Rules – are these General Provisions of the Platform, which define the functionalities provided by the Platform, enabling Users (only if they agree to comply with the Rules) to rent or lease items using the Platform. The rules govern the legal relationship:

1.6.1 Between the Lessor and the Manager: The Lessor: a) by placing advertisements for its respective items and offering third parties to rent these items using the Platform; b) The Lessor in response to inquiries from Lessees of potential items; c) when the Lessor presents and leases the items to the Lessees; d) when the Lessor receives remuneration for the rental of items under the established procedure; e) when the Lessor accepts the item returned from the Lessee;

1.6.2 Between the Lessee and the Manager: The Lessee: a) making inquiries to the Lessors; b) reserving the item and making appropriate payments for the rental of the item; c) concluding lease agreements with the Lessor; d) When the Lessee returns the leased items to the Lessor.

1.7 The Manager – is a legal entity specified in the Contacts section of the Platform, which administrates the Platform under the established Rules concerning specific Users.

1.8 Data – personal data, such as name, last name, e-mail address, and others, specified during the registration on the Platform and subsequently provided in the personal account on the Platform.

1.9 Visitor – a person, who has not registered on the Platform, including cases when the registration procedure has been initiated but not completed.

1.10 Items – the items offered by the Lessor to the Platform Visitors and Users which are indicated in the Lessor’s advertisements.

1.11 LR – the Republic of Lithuania.

1.12 Commission fee – a fee paid to the Manager for the use of the Platform, the amount of which depends on the transaction value of the leased item, bank fees, and the Users rating on the Platform.

1.13 Agreement – an item lease agreement concluded between the Lessor and the Lessee by following the Rules.

1.14 Transaction Report (Deal sheet) – the abbreviation of essential conditions of the lease.

2. Rules validity, amendment, and other possible cases are related to the Rules

2.1 These Rules systematise the information related to the activities on the Platform by providing appropriate references to the places of more detailed information, i.e. the Rules are compiled of information contained in the Rules, and information available through the active links.

2.2 Effective Date of the Rules: The Visitor’s consent and commitment to comply with the Rules shall be deemed the moment when the Visitor ticks the box “I have read, agree and undertake to comply with the Rules” (or a similar sentence than the one specified here). The rules of using the Platform can be read by clicking on the said sentence or its part during the registration by the Visitor, i.e. by creating a personal account on the Platform.

2.3 Scope of the Rules: For the sake of clarity, it is stated that there is no possible situation where the Visitor agrees and undertakes to comply with the Rules with certain exceptions. If the Visitor has any remarks or wishes to behave in a manner other than that specified in the Rules, the prior written consent of the Manager shall be required, or the Visitor shall wait until the Rules are amended accordingly.

2.4 Changes/additions of the Rules: all the rules changes/additions shall come into effect from the moment of their publication on the Platform unless it is clearly and unambiguously specified in the Platform about alternative effective date. For clarity purposes, it is considered that the moment of entry into force of changes/additions to the Rules cannot be linked to the reception moment of e-mail notification or reading. If the User does not agree with the changes/additions to the Rules, he loses the right to use the Platform and/or the services provided on it.

2.5 By violating the Rules of www.dalinuosi.lt, User can be suspended for an indefinite period. Blocking means that the User is unable to log in using his email address, phone, IP address, and by other means. For more information about blocking users, see „Why did I receive a notice or was blocked“.

3. Using the Platform, stages of renting

3.1 The process of leasing an item consists of the following steps:

1. Registration;
2. Publication and review of the advertisement;
3. Communication;
4. Checking the Lessee’s creditworthiness;
5. Item reservation;
6. Conclusion of the Agreement;
7. Transfer of the item to the Lessee;
8. Lease of the item;
9. Return of the item to the Lessor;
10. Settlement with the Lessor.

The following information in this part of the Rules is divided into the stages specified in Clause 3.1 of these Rules:

1. Registration:

1.1. Only legally capable natural Visitors, that is, Visitors who have reached the age of majority, and who register on the Platform by submitting the Data necessary for registration and become Users may rent items on the Platform. Full information on registration on the Platform is provided in “How does the rental platform work?”

1.2. Full information on the use and protection of the Data provided on the Platform is provided in the FAQ section of the Platform “Dalinuosi.lt privacy policy”.

1. Publication and review of the advertisement:

2.1. The Lessor must follow the rules for placing an ad in the “Advertising Rules” section.

2.2. The Lessor’s advertisement contains the main terms of the lease, i.e. indication whether the item is leased under the standard item rental conditions of the Platform or whether certain specific conditions apply (i.e. there are differences compared to the standard rental conditions).

2.3. The Lessor assumes responsibility for the accuracy of the information provided in the advertisement. If the Lessor places false/erroneous information on the Platform and this results in damages to the Manager and / or the Lessee, the Lessor undertakes to reimburse the injured party for all losses incurred.

2.4. The rental price stated by the Lessor for his Item can be increased by the addition of the Manager fees. More detailed information on the Commission fee is provided in the section “Payment procedure and commissions”.

2.5 The Lessor is allowed to rent his items on other platforms but has to update item calendar to represent availability correctly.

2.6 The Lessor is required to keep 5:1 request/successful rent ratio. Failed to do so might leave account or item disabled.

1. Communication:

3.1. Before each transaction, the Lessee must contact the Lessor through the messaging system on the Platform. See the “Internal Messaging System” section for full information.

1. Checking the Lessee’s creditworthiness

4.1. To rent the Item from the Lessor, which has set “Only users with confirmed identity can rent” and confirming their identity to conclude the transaction, the Lessee must check the box “I agree to check my credit rating through UAB Creditinfo Lietuva. In this manner, the Manager additionally checks the creditworthiness of potential lessee’s with the help of UAB Creditinfo Lietuva.

4.2. Once UAB Creditinfo Lietuva has established the Lessee’s credit rating, that information is transmitted to the Manager.

4.3. If the Lessee’s credit risk is high, the Manager’s system automatically terminates the potential transaction and does not allow the selected Item to be leased.

1. Item reservation:

5.1. After the Lessee has reserved the Item, the Lessor receives a reservation notification via the Platform’s internal information system.

5.2. The reservation of the Item is considered to be made after the payment is performed.

1. Conclusion of the Agreement:

6.1. Upon payment of the advance payment by the Lessee, the Parties are provided with an automatically generated lease agreement, which is considered the basis for the Parties to conclude the lease agreement by signing it under the terms and conditions specified in the advertisement and within the specified term.

6.2. When concluding the Agreements, The Lessor and the Lessee use the standard lease agreements, which are provided on the Platform. Details of the Platform “Examples of lease contracts.”. If the Lessor offers renting under atypical conditions, including in cases where the standard terms are altered, this is indicated in the respective Lessors ad.

6.3. The Agreement between the Lessor and the Lessee shall be deemed effective from the moment when the Leased Item is handed over to the Lessee. Leases on the Platform are concluded under the lease terms, which are defined in the lease agreement.

1. Transfer of the Item to the Lessee:

7.1. Once the Lessor and the Lessee have agreed on the essential terms of the lease (price, term, etc.), the leased Item is transferred under the terms of the Agreement or a separate agreement of the parties.

7.2. During the transfer of the leased item, the Item transfer act is signed.

7.3. If the Lessee has not declared a discrepancy of the quality of the Item on the time of transfer, and have not specified it on the transfer act, it is assumed that the Lessee transferred appropriate quality Item (s) for the Lessor.

1. Lease of the item:

8.1. The lease of the Item is carried out under the terms and conditions of the Agreement and the Rules. During the lease of the Item, the Lessee must comply with the terms of the lease of the Item provided for in the Agreement and use the Item properly for its intended purpose.

8.2 The rental period of an item cannot be reduced to avoid taxes.

1. Return of the item to the Lessor:

9.1. The Lessee shall return the Item leased by the Lessor, as provided in the concluded Agreement, or following a separate agreement unless it is agreed to extend the term of the Agreement.

9.2. The Lessee undertakes to return the Item to the Lessor in the same condition as received (subject to normal wear and tear). If the returned item is damaged, the Lessee undertakes to compensate for all losses incurred by the injured party as a result of such a situation. A claim regarding the condition of the returned Item may be submitted within 10 (ten) working days from the return of the Item.

9.3. After the completion of each transaction, the Lessor must leave feedback on the progress of the transaction, and only then the transaction will be considered properly completed.

1. The settlement with the Lessor:

10.1. The money paid to the Lessor (excluding the Manager’s fee) for the lease of the Item is transferred once per month. Rents incurred during the previous calendar month are settled within the first 3 (three) business days of the following month. In both cases, the lease is considered terminated only when the owner leaves feedback on the progress of the transaction.

10.2. The exact amount in euros (the official currency of the Member States of the European Economic and Monetary Union) is transferred to the Lessor.

3.2 Cancellation of the transaction

3.2.1 The Parties (or the Party) of the transaction wishing to cancel the already paid transaction must notify The Platform.

3.2.2 The Platform does not decide through whose fault the transaction did not take place. The money is returned to the Lessee and only then the issue of sanctions imposed on the counterparties is addressed.

3.3.3 Irrespective of the fault of which the transaction did not take place, the bank fees and paid service charges shall not be refunded to the Lessee.

4. Data security regulations

4.1 Platform Manager confirms that the data provided by Visitors will be used only to lease the Items on the Platform.

4.2 Platform Manager undertakes not to disclose this information to third parties, except to Platform Manager partners, providing the delivery of goods or other lease transaction execution services. In all other cases, any personal data of the Users may be disclosed to third parties only per the procedure provided under the legal acts of LR.

4.3 Data related to the conclusion of lease agreements are archived in the database of the Platform Manager.

5. Liability

5.1 Users are fully responsible for the accuracy of the personal data provided. If the User does not provide accurate personal data, the Manager shall not be liable for the consequences and thereof shall acquire the right to claim compensation for direct losses incurred by the User.

5.2. If the Manager has doubts about the accuracy, validity, and completeness of the data provided by the User, the Manager has the right to refuse the User of the services provided by the Platform.

5.3. Users are fully responsible for the concluded lease agreements and the fulfilment of the obligations assumed by them. The Manager shall not be liable for the consequences incurred by the Parties in the performance of the lease agreement, therefore the Users shall not be entitled to claim compensation from the Manager for direct or indirect losses incurred due to improper performance of the obligations of the Parties to the Agreement.

5.4. The Lessor is fully responsible for the content of the posted advertisement, the conclusion of the Agreement, and its execution. The Manager is not responsible for the consequences of inactive advertising, the chosen pricing, the choice of the period, and other terms and performance of the lease. The Manager acts as an intermediary and helps but does not undertake to ensure the successful execution of the lease with the services of an intermediary.

5.5. The Manager shall not be held liable for any losses incurred by the Users if they have been incurred without taking into account the suggestions and recommendations of the Manager in violation of the Rules, as the User has been allowed to access and familiarize with them. The Manager acts as an intermediary and, through his mediation services, assists, but does not undertake, the successful execution of the lease.

5.6. In the event of damage, the guilty Party shall indemnify the other Party for the damage caused by its fault.

5.7. The Lessee is responsible for the condition of the returned Item. If the Lessee returns the damaged Item, the Lessee undertakes to compensate all losses incurred by the party affected by such a situation.

5.8. If the Lessee fails to return the Item in time, the Lessee undertakes to compensate all losses incurred by the Lessor as a result and to pay the Lessor a penalty in the amount provided for in the Agreement of the Item.

5.9. The conclusion and performance of the Agreement and other relations between the Parties must be performed and interpreted under the laws of the Republic of Lithuania. In the event of a dispute among the Parties, the Manager does not undertake to provide advice or help in resolving disputes arising from the conclusion of the lease and its execution.

5.10. The Lessor is responsible for the proper declaration of income received both from the conclusion of the Lease of the Item and the non-conclusion or entry into force of the Lease of the Item for certain reasons (i.e. income from sanctions) following these principles of understanding and accounting for income and expenses.

5.10.1 In situations where income from the lease of the Item is received:

• the Lessor income consists of the sum of Lessee (s) to pay the rental price (i.e. the amount of money transferred by the Platform) for the Item rent paid during the reporting period.
• the Lessor’s expenses consist of the amount of the expenses incurred by the Lessor, including the commission fee of the Platform, deducted from the amount transferred to the Lessor.

6. Extraordinary circumstances

6.1 Under the procedure established by the laws of the Republic of Lithuania, the Parties who have undertaken obligations under the Rules shall be released from liability for non-performance or improper performance of the obligations provided in the Rules if they prove that this was due to force majeure.

6.2 Force majeure means any event or phenomenon beyond the control of the Parties, which is specified in Article 6.212 of the Civil Code of the Republic of Lithuania and the “Rules of Exemption from Liability in the event of Force Majeure circumstances” approved on July 7, 1996. 15 By Resolution No. 840 of the Government of the Republic of Lithuania.

6.3 The Party claiming the case of force majeure circumstance must inform the other Party thereof in writing as soon as possible, but no later than within 7 (seven) days after the occurrence of such force majeure circumstances, identifying the nature and projected duration of such circumstances.

6.4 Party that has not complied with Article 6.3 of the Rules may not make claims for non-performance or improper performance of the obligations provided in the Rules based on force majeure circumstances and undertakes to indemnify for all losses incurred by the other Party.

7. Invoices

7.1 The Platform in its essence is a revealed intermediary (Paragraph 6 of Article 2 of the Law on VAT of Republic of Lithuania), therefore it must issue invoices only for intermediation services (Paragraph 1 of Article 16 of the Law on VAT).

8. Final provisions

8.1 These Rules are drawn up under the legal acts of LR.

8.2 Legal relations arising under the Rules shall be governed by the law of the LR.

8.3 All disagreements arising from the implementation of the Rules are resolved through negotiations. In case of failure to reach an agreement, disputes shall be settled in the manner prescribed by the legislation of the LR.