Common use of User’s Liability Clause in Contracts

User’s Liability. 9.1. The User is liable: (a) for any and all damages that occur to the Motor Vehicle, Bolt or a third party or their SURSHUW\ GXULQJ WKH 3HULRG RI 8VH RU ZKLOH W or control, including the entire time the Motor Vehicle is reserved by the User, including for violation of this Agreement and/or any applicable laws and regulations. Such damages include theft or loss of Motor Vehicle, its keys (if the Motor Vehicle has any) and/or accessories, including Fuel Card/Charging Card, the repair costs for the Motor Vehicle and third-party property, injuries to third parties, costs associated with related recovery or transportation of Motor Vehicles, incidental damage, e.g. expert's fees, towing charges, diminished value, additional administration costs, and the loss of use of Motor Vehicles or third party property; (b) for any and all damages that occur as a consequence of traffic offences, misdemeanours or criminal offences committed with the Motor Vehicle. The User shall pay all resulting costs and damages and shall waive Bolt fully from any claims of third parties; (c) for any and all damages that have been caused to the Motor Vehicle, Bolt or third party or their property by a third party whose possession the Motor Vehicle was given by the User in violation of the Agreement; (d) for paying any third party charges and fees, including contractual penalties, received while operating the Motor Vehicle. The User is aware that ▇▇▇▇ may share the relevant personal data of the User with third parties for processing the claim; and (e) for paying the Service Fee, the Charges, the Additional Charges, the Administrative Fee and any other fees in accordance with this Agreement, the Price Schedule and the List RI 3HQDOWLHV DQG $GGLWLRQDO )HHV %ROW¶V U unaffected. In this case, the Additional Charges, if charged, shall be deducted from such damages. If Bolt Business is used, clause 7.15 shall apply. 9.2. The liability of the User for damages to the Motor Vehicle shall be limited to EUR 750.00. This limitation of liability applies only if (i) the Motor Vehicle has been used in compliance with this Agreement, (ii) the traffic accident and/or damage caused to the 0RWRU 9HKLFOH LV FDXVHG GXH WR WKH g8e VhaHs U¶V DF been notified without delay in accordance with Section 8.1 (b) and (iv) the User cooperates with ▇▇▇▇ to solve the situation. The limitation of liability does not apply in FDVH WKH 8VHU KDV YLRODWHG WKLV $JUHHPHQW DQ intent or gross negligence. 9.3. The User is not liable for any violation committed, or damage caused at the fault of Bolt and/or a third person except in case the User is responsible for acts of such third party under this Agreement. 9.4. The User is not liable for any failures of the Motor Vehicle caused by previous use, operation or normal wear and tear, if the User immediately notifies Bolt through one of the available contact channels and complies with the instructions given by Bolt. 9.5. In the event of any breach of this Agreement, including a default in payment, Bolt is entitled to temporarily or permanently suspend, restrict or terminate the provision of the Services, and Bolt Operations is entitled to temporarily or permanently block access to the Bolt App and Account with immediate effect. The User will be informed thereof by e-mail or via the Bolt App.

Appears in 1 contract

Sources: Terms and Conditions

User’s Liability. 9.1. The User is liable: (a) for any and all damages that occur to the Motor VehicleVehicle and are culpably caused by the User, Bolt or a third party or their SURSHUW\ GXULQJ WKH 3HULRG RI 8VH RU ZKLOH W property during the Period of Use or while the Motor Vehicle is in the User’s possession or control, including the entire time the Motor Vehicle is reserved by the User, including for culpable violation of this Agreement and/or any applicable laws and regulations. Such damages include theft or loss of Motor Vehicle, its keys (if the Motor Vehicle has any) and/or accessories, including Fuel Card/Charging Card, the repair costs for the Motor Vehicle and third-party property, injuries to third parties, costs associated with related recovery or transportation of Motor Vehicles, incidental damage, e.g. expert's fees, towing charges, diminished value, additional administration costs, and the loss of use of Motor Vehicles or third party property; (b) for any and all damages that occur as a consequence of culpable traffic offences, misdemeanours or criminal offences committed with the Motor Vehicle. The User shall pay all resulting costs and damages and shall waive Bolt fully from any claims of third parties; (c) for any and all damages that have been culpably caused to the Motor Vehicle, Bolt ▇▇▇▇ or third party or their property by a third party whose possession the Motor Vehicle was given by the User in violation of the Agreement; (d) for paying any third party charges and fees, including contractual penalties, received while operating the Motor Vehicle, which are culpably caused by the User. The User is aware that ▇▇▇▇ may share the relevant personal data of the User with third parties for processing the claim; and (e) for paying the Service Fee, the Charges, the Additional Charges, the Administrative Fee and any other fees in accordance with this Agreement, the Price Schedule and the List RI 3HQDOWLHV DQG $GGLWLRQDO )HHV %ROW¶V U of Penalties and Additional Fees. ▇▇▇▇’s right to claim for damages shall remain unaffected. In this case, the Additional Charges, if chargedany, shall be deducted from such damages. If Bolt Business is used, clause 7.15 shall apply. 9.2. The If the User causes a traffic accident or if the User causes damage to the Motor Vehicle, the liability of the User for damages to the Motor Vehicle shall be limited to EUR 750.001,000.00. This limitation of liability applies only if (i) the Motor Vehicle has been used in compliance with this Agreement, (ii) the traffic accident and/or damage caused to the 0RWRU 9HKLFOH LV FDXVHG GXH WR WKH g8e VhaHs U¶V DF been notified without delay in accordance with Section 8.1 (b) and (iv) the User cooperates with ▇▇▇▇ to solve the situation. The limitation of liability does not apply in FDVH WKH 8VHU KDV YLRODWHG WKLV $JUHHPHQW DQ intent or gross negligence. 9.3. The User is not liable for any violation committed, or damage caused at the fault of Bolt and/or a third person except in case the User is responsible for acts of such third party under this Agreement. 9.4. The User is not liable for any failures of the Motor Vehicle caused by previous use, operation or normal wear and tear, if the User immediately notifies Bolt through one of the available contact channels and complies with the instructions given by Bolt. 9.5. In the event of any breach of this Agreement, including a default in payment, Bolt is entitled to temporarily or permanently suspend, restrict or terminate the provision of the Services, and Bolt Operations is entitled to temporarily or permanently block access to the Bolt App and Account with immediate effect. The User will be informed thereof by e-mail or via the Bolt App.,

Appears in 1 contract

Sources: Terms and Conditions

User’s Liability. 9.1. The User is liable: (a) for any and all damages that occur to the Motor Vehicle, Bolt or a third party or their SURSHUW\ GXULQJ WKH 3HULRG RI 8VH RU ZKLOH W property during the Period of Use or while the Motor Vehicle is in the User’s possession or control, including the entire time the Motor Vehicle is reserved by the User, including for violation of this Agreement and/or any applicable laws and regulations. Such damages include theft or loss of Motor Vehicle, its keys (if the Motor Vehicle has any) and/or accessories, including Fuel Card/Charging Card, the repair costs for the Motor Vehicle and third-party property, injuries to third parties, costs associated with related recovery or transportation of Motor Vehicles, incidental damage, e.g. expert's fees, towing charges, diminished value, additional administration costs, and the loss of use of Motor Vehicles or third party property; (b) for any and all damages that occur as a consequence of traffic offences, misdemeanours or criminal offences committed with the Motor Vehicle. The User shall pay all resulting costs and damages and shall waive Bolt fully from any claims of third parties; (c) for any and all damages that have been caused to the Motor Vehicle, Bolt or third party or their property by a third party whose possession the Motor Vehicle was given by the User in violation of the Agreement; (d) for paying any third party charges and fees, including contractual penalties, received while operating the Motor Vehicle. The User is aware that ▇▇▇▇ may share the relevant personal data of the User with third parties for processing the claim; and (e) for paying the Service Fee, the Charges, the Additional Charges, the Administrative Fee and any other fees in accordance with this Agreement, the Price Schedule and the List RI 3HQDOWLHV DQG $GGLWLRQDO )HHV %ROW¶V U of Penalties and Additional Fees. ▇▇▇▇’s right to claim for damages shall remain unaffected. In this case, the Additional Charges, if charged, shall be deducted from such damages. If Bolt Business is used, clause 7.15 shall apply. 9.2. The liability of the User for damages to the Motor Vehicle shall be limited to EUR 750.00. This limitation of liability applies only if (i) the Motor Vehicle has been used in compliance with this Agreement, (ii) the traffic accident and/or damage caused to the 0RWRU 9HKLFOH LV FDXVHG GXH WR WKH g8e VhaHs U¶V DF Motor Vehicle is caused due to the User’s accidental carelessness, (iii) the damage has been notified without delay in accordance with Section 8.1 (b) and (iv) the User cooperates with ▇▇▇▇ Bolt to solve the situation. The limitation of liability does not apply in FDVH WKH 8VHU KDV YLRODWHG WKLV $JUHHPHQW DQ case the User has violated this Agreement and/or damages are caused by the User’s intent or gross negligence. 9.3. The User is not liable for any violation committed, or damage caused at the fault of Bolt and/or a third person except in case the User is responsible for acts of such third party under this Agreement. 9.4. The User is not liable for any failures of the Motor Vehicle caused by previous use, operation or normal wear and tear, if the User immediately notifies Bolt through one of the available contact channels and complies with the instructions given by Bolt. 9.5. In the event of any breach of this Agreement, including a default in payment, Bolt is entitled to temporarily or permanently suspend, restrict or terminate the provision of the Services, and Bolt Operations is entitled to temporarily or permanently block access to the Bolt App and Account with immediate effect. The User will be informed thereof by e-mail or via the Bolt App.

Appears in 1 contract

Sources: Terms and Conditions